Michael Tan, Esq.

Locked Up Without End: Indefinite Detention of Immigrants Will Not Make America Safer

• October 6, 2011

One of the ugliest myths in the immigration debate is that immigrants are more likely to commit crime or pose a danger to society. Although studies repeatedly have shown that immigrants are less likely to commit crimes than native-born Americans, politicians continue to exploit the public’s fear of crime to justify ever more punitive immigration measures, including the mass incarceration of immigrants for reasons that would never be permitted for U.S. citizens. A prime example of this political double standard is the “Keep Our Communities Safe Act of 2011” (H.R. 1932), introduced this past spring by Representative Lamar Smith (R-TX), Chairman of the House Judiciary Committee. H.R. 1932 proposes a massive expansion of our immigration lock-up system that would waste millions of taxpayer dollars and violate our constitutional commitments to individual liberty and due process of law, while doing little to make America safer. The vast scope of H.R. 1932 became clear during its committee mark-up, where members of the House Subcommittee on Immigration Policy and Enforcement challenged the language and intent of the legislation and sought to amend its reach. During that meeting, Rep. Smith was forced to acknowledge that the bill’s detention mandates extend to immigrants who have no criminal record whatsoever, much less focus narrowly on hard-core offenders. Since that time, however, Rep. Smith has continued to misrepresent that “the bill only specifies that a small segment of criminal immigrants may be detained for extended periods.”

Learn More