Border Enforcement
Migration at the border is a multifaceted issue, challenging the U.S. to secure our borders while upholding the human rights of individuals seeking safety and better opportunities. Balancing national security with compassion and our legal obligations to asylum seekers presents intricate dilemmas, and we collaborate with policymakers to advance bipartisan, action-oriented solutions.
Beyond A Border Solution
- Asylum
- May 3, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system. Read…
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Enforcement Without Focus: Non-Violent Offenders Caught in the US Immigration Enforcement System
Since the Department of Homeland Security (DHS) was created in 2003, its immigration-enforcement agencies—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—have been officially devoted to the protection of U.S. national security and the prevention of terrorist attacks. However, much of the work done by CBP and ICE on a day-to-day basis involves apprehending and deporting non-violent immigrants who have only committed immigration offenses such as unlawful entry or re-entry into the United States. The highly punitive treatment of these immigration offenders serves no national-security purpose and is not an effective deterrent. A new report released by the University of Arizona’s Center for Latin American Studies identifies three enforcement programs that have contributed significantly to an over-emphasis on low-priority targets: Operation Streamline, the Alien Transfer and Exit Program (“lateral repatriation”), and Secure Communities. The report, In the Shadow of the Wall: Family Separation, Immigration Enforcement and Security, is based on data from the Migrant Border Crossing Study. During 2010, 2011, and 2012, a team of researchers from the United States and Mexico conducted survey interviews with 1,113 recent deportees about their experiences crossing the border, being apprehended by U.S. authorities, and being repatriated to Mexico. The surveys yield new insight into the conduct and consequences of U.S. immigration-enforcement programs. Operation Streamline Read More
Pro-Immigrant Measures Make Gains At The State Level
As we reach the midpoint in state legislative sessions, 2013 is shaping up to be a year where most states are moving in a more positive direction when it comes to immigration policy. Lawmakers from both parties have become more inclined to support pro-immigrant measures, shifting away from the anti-immigrant policies that swept across states in previous years. Read More
U.S. Border-Enforcement Programs Target Immigrants Who Aren’t a Threat to Anyone
Since the Department of Homeland Security (DHS) was created in 2003, its immigration-enforcement agencies—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—have been officially devoted to the protection of U.S. national security and the prevention of terrorist attacks. However, the bulk of the work done by CBP and ICE on a day-to-day basis involves apprehending and deporting non-violent immigrants who have only committed immigration offenses such as unlawful entry or re-entry into the United States. The highly punitive treatment of these immigration offenders serves no national-security purpose and is not an effective deterrent. Read More
Hundreds of Detained Immigrants Held in Solitary Confinement
Every day, out of more than 30,000 detainees, roughly 300 immigrants are held in solitary confinement at the nation’s 50 largest detention centers overseen by Immigration and Customs Enforcement (ICE) officials, according to federal data. Solitary confinement is one of most expensive forms of detention, the New York Times reports, and nearly half of immigrant detainees held in solitary confinement are isolated for 15 days or more – “the point at which psychiatric experts say they are at risk for severe mental harm.” About 10 percent are held for more than 75 days. According to the New York Times, immigrants were regularly placed in isolation for breaking rules but also for protection: Read More
Hearing and Report Highlight Lack of Due Process in Immigration System
This week, Senator Christopher Coons of Delaware presided over a public hearing to discuss what so many of us know: the immigration courts are failing to provide a fair, efficient, and effective system of justice. Many of the concerns raised by Senator Coons, as well as some of the witnesses, during Wednesday’s Senate Judiciary Committee hearing, “Building an Immigration System Worthy of American Values,” are discussed in more detail in a report issued by the American Immigration Council this week, Two Systems of Justice: How the Immigration System Falls Short of the Ideals of Justice. Read More
Why Regional Economies Need Immigration Reform
Comprehensive immigration reform and its array of issues is a hot topic of discussion these days at the national level. Yet while those in Washington continue crafting proposals, states are most impacted by the country’s current outdated immigration system and are making the economic and moral case for reform, as a recent Chicago Council on Global Affairs report highlights. Read More
Budget Cuts Led ICE To Release Immigrants From Detention
Along with every other government agency, on March 1, U.S. Immigration and Customs Enforcement (ICE) officials had to begin making mandatory cuts to their budget as a result of sequestration. ICE’s choice to shift some of its detainees from expensive detention facilities to non-detention alternatives was questioned yesterday by Members of Congress, but more importantly the decision demonstrates that alternatives to detention are a feasible choice—regardless of sequestration. Read More
Groups File Legal Claims Against Border Patrol In Abuse Cases
While the Department of Homeland Security's (DHS) immigration officers have broad authority to detain and ultimately deport noncitizens, they are generally not authorized to detain U.S. citizens and certainly cannot deport them. Yet, that is essentially what happened to a four-year-old U.S. citizen. In March 2011, U.S. Customs and Border Protection (CBP), a component of DHS, detained a young girl when she arrived at Dulles Airport in Virginia, deprived her of any contact with her parents, and then sent her back to Guatemala. Last Friday, her father fought back, filing a lawsuit on his daughter’s behalf to seek redress for the harm she suffered and to shed light on an agency that all too often acts outside the law. Read More
Lawsuit Seeking Damages on Behalf of Four-Year-Old U.S. Citizen Wrongly Detained and Returned to Guatemala
In March 2013, the American Immigration Council and Cleary, Gottlieb, Steen & Hamilton, later joined by the Legal Aid Justice Center, filed a lawsuit alleging that CBP officers at Dulles Airport in Virginia unlawfully detained a U.S. citizen child for more than twenty hours, deprived her of contact with her parents, and then effectively deported her to Guatemala. The case was one of ten complaints filed the same week to highlight CBP abuses along the northern and southern borders. Read More
Recognizing Immigrant Women’s Needs in Immigration Reform
While the recent debate over reauthorization of the Violence Against Women Act and the Trafficking Victims Protection Act may have reminded the nation that there are “women’s issues” in immigration law, it doesn’t necessarily follow that most people regard immigration reform as a woman’s issue. Despite the fact that immigrant women make up a growing share of workers, entrepreneurs, single heads of households, and new voters—while remaining primary caregivers in families—the laws we craft to reform our broken immigration system have often been insensitive to the obstacles and challenges immigrant women face in applying for immigration status. Read More
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