Detention
Does ICE’s Criminal Alien Program (CAP) Target Serious Criminals?
Over the past several years, ICE has increased the number of partnerships with state and local police. There has also been a new emphasis on identifying “criminal aliens” who are detained in jails and prisons, and deporting them once they finish their sentences. However, many concerns have been raised about how these programs are being implemented. In fact, various reports have shown that while ICE claims they are targeting serious criminals, the majority of persons ICE identifies and deports do not actually have any serious criminal records. Read More
New Report Holds Immigration Detention System Up to the Light
Transparency and oversight have never topped Immigration and Customs Enforcement’s (ICE) priority list—especially during the post-9/11 Bush administration when ICE’s detention system nearly tripled in size. Last month, however, ICE director John Morton announced a new plan to overhaul the flawed immigration detention system and broaden federal oversight. Sure, the new plan was announced shortly after ICE was forced by the ACLU under the Freedom of Information Act (FOIA) to release a “comprehensive list of all deaths in detention” (which now totals 104 since 2003), but still, John Morton’s intention to make ICE more transparent and efficient seems sincere. The question, however, is whether or not ICE will actually be able to restructure its sprawling detention system after years of scant oversight and zero accountability. Read More
Immigrants with Mental Disabilities Are Deprived Their Day in Court
The U.S. legal system is premised on the idea that every party in a case is afforded his or her day in court and a meaningful opportunity to be heard. Yet, for individuals with mental disabilities facing deportation from the United States—including those whose removal will mean being permanently barred from ever returning—that day may never arrive. Read More
What’s Law Got To Do With It? Sheriff Arpaio Defies New DHS Enforcement Guidelines
The Department of Homeland Security recently standardized its 287(g) immigration enforcement agreements with local law enforcement, which allows specially trained local enforcement officers to enforce federal immigration laws. Among the new DHS rules, local law enforcement must now prioritize immigrants with serious criminal records, rather than spend scant time and resources going after undocumented immigrants who are charged with no other crime. These new enforcement provisions, however, leave long-time immigration enforcement abuser, Arizona Sheriff Joe Arpaio, with some important decisions to make. Read More
ICE Begins Immigration Detention System Overhaul
Today, the Department of Homeland Security announced some much needed changes to the immigration detention system. The ICE detention system, which has grown dramatically over the last several years, currently has 32,000 detention beds available at any given time, which are spread over 350 facilities across the country. ICE owns and operates their own facilities, and also rents bed space from county and city prisons and jails. These prisons and jails house serious criminals, yet immigration detainees—including asylum seekers, legal immigrants, victims of human trafficking, and immigrants with no criminal records—are mixed in with the local prison population. Read More
Senators Menendez, Kennedy, and Gillibrand Fix Immigration Detention
Senators Robert Menendez (D-NJ), Kirsten Gillibrand (D-NY), and Edward Kennedy (D-MA) took action today to reform the Department of Homeland Security’s ever-growing immigration detention system. The need for reform could not be any more clear: several recent reports have documented both the poor conditions in detention facilities and violations of detainees’ due process rights. A delegation from the Inter-American Commission on Human Rights called conditions “unacceptable” after visiting facilities in Florida and Texas. The National Immigration Law Center, the ACLU of Southern California, and Holland & Knight law firm published a system-wide report on the federal government’s compliance with its own minimum standards, finding “fundamental violations of basic human rights and notions of dignity” and calling for a halt to any further expansion of the current detention system. Read More
New Yorker Profile of Joe Arpaio is Not a Pretty Picture
The July 20th issue of The New Yorker paints a detailed portrait of Maricopa County, Arizona’s Sheriff Joe Arpaio—and it is not a pretty picture. The profile of “Sheriff Joe” that emerges from the story by journalist William Finnegan is that of a man obsessed with publicity and self-promotion, who has a deep streak of sadism and little regard for the U.S. Constitution, civil rights, actual crime-fighting, or protecting the safety of the public he ostensibly serves. While Arpaio persists in his personal crusade against unauthorized immigrants, serious crimes go unsolved, emergency-response times climb, and the rights of native-born Americans and immigrants alike are routinely trampled in the process. The most remarkable aspect of this story is that Arpaio is still legally permitted to carry a badge and a gun after more than a decade and a half of egregiously abusing his power. Read More
New Yorker Profile of Joe Arpaio is Not a Pretty Picture
Photo by TheRagBlog. The July 20th issue of The New Yorker paints a detailed portrait of Maricopa County, Arizona’s Sheriff Joe Arpaio—and it is not a pretty picture. The profile of “Sheriff Joe” that emerges from the story by journalist William Finnegan is that of a man obsessed with publicity and self-promotion, who has a deep streak of sadism and little regard for the U.S. Constitution, civil rights, actual crime-fighting, or protecting the safety of the public he ostensibly serves. While Arpaio persists in his personal crusade against unauthorized immigrants, serious crimes go unsolved, emergency-response times climb, and the rights of native-born Americans and immigrants alike are routinely trampled in the process. The most remarkable aspect of this story is that Arpaio is still legally permitted to carry a badge and a gun after more than a decade and a half of egregiously abusing his power. Read More
Department of Homeland Security Suspends “Widow Penalty”
Photo by Kratka Photography. This week, the Obama administration took another step toward restoring fairness and humaneness to the immigration system. On Tuesday, Department of Homeland Security (DHS) Secretary Janet Napolitano announced that she would grant a two-year reprieve to immigrants who were married to U.S. citizens but did not complete the permanent residency process because their American spouses died during the application process. Under U.S. law, a foreign-born spouse of a U.S. citizen is eligible for permanent residency, but must complete a two-year conditional residency period first. In cases where the U.S. citizen spouse died during the conditional residency status, the application for permanent residency was effectively revoked leaving the foreign spouses without legal immigration status and vulnerable to deportation. DHS’s decision also protects children of widowed immigrants from deportation for a two-year period. Read More
High School Teens Deported on the Way to School
Three high school students were deported to Mexico last week when they were swept up in a Transportation Security Agency (TSA) raid at the Old Town transit center on their way to school in San Diego, California. Border Patrol confirmed that 21 people were detained. According to reports, TSA and Border Patrol agents inquired about the 16-year-old girl’s and two boys’, ages 15 and 17, residency status before taking them into custody and eventually deporting them. The teens were allowed to speak with their U.S.-based parents and Mexican Consulate officials before being deported. Read More
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