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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Updated Figures Highlight Shortfalls of Prosecutorial Discretion Program
As reported in today’s New York Times, the Department of Homeland Security has reviewed nearly 300,000 pending deportation cases over the past seven months in search of low-priority immigrants deserving prosecutorial discretion. While immigrant advocates cheered the policy when it was announced, figures released yesterday suggest that the program is not only falling short of initial expectations, but that the numbers are heading in the wrong direction. Read More
Filling Quotas or Setting Priorities? ICE Announcement to Increase Deportations Raises Concerns
U.S. Immigration and Customs Enforcement (ICE) recently announced that it would pull 150 agents from desk jobs and add them to Fugitive Operations Teams—teams created to locate and detain “fugitive immigrants” who pose a threat to the nation or the community or who have a violent criminal history—in order to find and deport additional “criminal aliens.” According to the LA Times, ICE reported it was "experiencing a shortfall in criminal removals for the fiscal year" and need to increase the numbers. While it’s a good idea for ICE to use limited resources pursuing serious criminals, the reality is that ICE’s definition of “criminal alien” is very broad and the Fugitive Ops Team end up deporting unauthorized immigrants who pose no threat to the community. Read More
DC Passes Act Limiting District’s Response to ICE’s Immigration Detainers
Today, ICE activated the Secure Communities program in Washington, DC, sparking fear in immigrant communities that the program will result in racial profiling and the deportation of non-priority immigrants as it has in other jurisdictions. With Secure Communities active, the fingerprints of all persons booked into DC jails will be sent to the FBI and will then be forwarded to DHS to be checked against federal immigration databases. If ICE decides to take action against an immigrant identified through the program, they place a detainer on the individual—a request asking DC police to hold the person for up to 48 hours so ICE can take custody. However, in a move praised by immigration advocates, the DC Council passed an emergency act today limiting the District’s response to detainer requests. Read More
STARS Act Highlights Potential Pitfalls of Rubio DREAM Proposal
When news broke yesterday that a Florida congressman introduced an alternative version of the DREAM Act, many assumed it was Sen. Marco Rubio, who has been promising for months to introduce such legislation. In fact, the bill in question—dubbed the STARS Act—was introduced by Rep. David Rivera, a member of the House who introduced similar legislation (the ARMS Act) last January. Although Rivera’s proposals would benefit fewer people than the original DREAM Act, they would put qualified applicants on a path that would ultimately lead to permanent residency. From that perspective, they differ significantly from the proposal Senator Rubio has been discussing, which reportedly does not include a dedicated path to permanent residency. Read More
In California, Lawmakers Mount New Challenge to Secure Communities
Last year, lawmakers in California were poised to pass a bill—known as the TRUST Act—to let local jurisdictions opt out of Secure Communities, the federal program that routes fingerprints taken at local jails to federal immigration authorities. Before final passage, however, federal officials rendered the bill moot by declaring that participation in the program was mandatory. Now, lawmakers are considering a revised version of the bill that would minimize the impact of Secure Communities by limiting the ability of local governments to detain immigrants on the federal government’s behalf. Read More
Anti-Immigration Group Blames Students for Maryland’s Budget Gap
In a case of very creative accounting, the nativist Federation for American Immigration Reform (FAIR) is blaming students for Maryland’s fiscal woes. In a new report, FAIR lumps together students who are unauthorized immigrants with U.S.-born students who have unauthorized parents and claims that they are all costing Maryland taxpayers astronomical sums in educational expenditures. However, the report (entitled The Cost of Illegal Immigration to Marylanders) mistakenly treats the education of these students as nothing more than a “cost” attributable to unauthorized immigration. In reality, the educational expenses targeted by FAIR are an investment in the future U.S. workforce and tax base; an investment that will pay off later as students become taxpayingattr workers. Read More
Alabama Governor Signs Bill That Makes State’s Immigration Law Even Worse
Last week, Alabama Governor Robert Bentley publically criticized a bill intended to revise key sections of the state’s controversial immigration law (HB 56). He even announced a special legislative session to address his issues with the bill—namely, a provision that requires school officials to check the immigration status of enrolling students and that of their parents and a provision that requires Alabama’s Department of Homeland Security to publically post the names of undocumented immigrants on their website. The day after his announcement, however, Governor Bentley backpedaled his criticisms, declared the legislature didn’t have the “appetite to address further revisions,” and signed the bill (HB 658) into law. Read More
Alabama Governor Rejects Changes to State’s Extreme Immigration Law, Starts Special Legislative Session
Today, Alabama Governor Robert Bentley announced his disapproval of a bill intended to change parts of the state’s extreme immigration law (HB 56) and initiated a special legislative session to address the problems. Yesterday, on the last day of the state’s regular legislative session, the Alabama Senate… Read More
New Border Patrol Strategy Changes Rhetoric More than Substance
The U.S. Border Patrol’s newly released strategic plan is a decidedly mixed bag when it comes to border security—just like the Border Patrol’s last strategic plan, released in 2004. On the plus side, both documents advocate an intelligence-driven, risk-based approach to border security which focuses on the greatest security threats. Both plans also call for disruption of the smuggling networks which bring unauthorized immigrants, drugs, and other contraband into the United States. On the down side, each plan embraces the simplistic “prevention through deterrence” mentality in which it is believed—or hoped—that heightened border enforcement will scare off unauthorized immigrants and smugglers alike. More broadly, both documents are a reflection of the federal government’s continued misguided emphasis on securing the territory between ports of entry, even though most smuggling now occurs through ports of entry. Read More
Immigrants without Legal Representation Not Benefitting from Prosecutorial Discretion
After ICE Director John Morton issued a memo last June outlining how and when ICE officials should exercise prosecutorial discretion in immigration cases, many were optimistic that the memo’s implementation would relieve backlogs and help the agency focus on higher priority immigration cases. Months later, however, folks are finding that one large group of people has limited access to this review process—immigrants without legal representation. In fact, nearly half of all immigrants in removal proceedings appeared without legal representation in 2011, also known as “pro se.” While immigration attorneys often explain the effect of these prosecutorial discretion policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Read More
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