Immigration and Crime
Research has consistently shown that immigration does not increase crime rates in the United States and many studies suggest that immigrants are less likely than citizens to commit crimes. We work hard to promote the truth about immigration and its impact on public safety, and dispel popular misconceptions surrounding immigrant crime.
Can We Really Deport Justin Bieber for That?
As lawmakers continue to debate immigration reform, Justin Bieber may have provided us with an excellent opportunity to examine how aggressive and unforgiving our deportation system has become. Police raided Bieber’s Los Angeles mansion following allegations that he egged his neighbor’s house. Police also found drugs in his… Read More
New Year, New Leadership and New Opportunities at DHS
The Department of Homeland Security enters 2014 with new leadership, following the confirmation this month of Jeh Johnson and Alejandro Mayorkas for Secretary and Deputy Secretary, respectively. Johnson and Mayorkas bring years of government service to their new jobs. Mayorkas’ tenure as Director of USCIS led to a far more open agency that treated the public as a partner, with innovations such as public comment on policy memos, expanded public engagement opportunities, the entrepreneur-in-residence program, and the delivery of a working program to process DACA applications within two months of the president’s announcement of the program. These successes, coupled with Johnson’s experience as the top Pentagon lawyer, promise a new direction for DHS. Read More
New ICE Deportation Statistics Are No Cause for Celebration
There is little to cheer in the new deportation statistics released by U.S. Immigration and Customs Enforcement (ICE). While the numbers document a 10 percent decline in the total number of deportations compared to last year, they also reveal the extent to which immigration enforcement resources are still devoted to apprehending, detaining, and deporting individuals who represent no conceivable threat to public safety or national security. In fact, the overwhelming majority of people deported by ICE either have no prior criminal record or were convicted of misdemeanors. While ICE does indeed capture and remove potentially dangerous individuals, most of its resources remain devoted to the enforcement of a broken and unworkable immigration system. The latest decline in removals notwithstanding, the U.S. deportation machine remains severely out of balance and lacking in either flexibility or meaningful opportunities for due process. Read More
New Reports Expose Subculture of Cruelty Within the U.S. Border Patrol
There is a subculture of cruelty within the Border Patrol—and, more broadly, within the entire machinery of the U.S. deportation regime. From the ranks of frontline Border Patrol agents to the guards in private, for-profit detention facilities, the abuse of detainees is widely tolerated and even accepted. This is the central finding to emerge from the second wave of the Migrant Border Crossing Study (MBCS). Wave II of the MBCS is currently housed in the Center for Latin American Studies at the University of Arizona and the Department of Sociology at George Washington University. The survey is a study of 1,110 randomly selected, recently repatriated migrants who were surveyed in six Mexican cities between 2009 and 2012. The results of this study are being released in a series of three reports titled Bordering on Criminal: The Routine Abuse of Migrants in the Removal System. Read More
The Punishment Should Fit the Crime for Immigrants, Too
The punishment should fit the crime. That maxim is as old as law itself, dating at least as far back as the Old Testament and Hammurabi’s Code. It’s firmly rooted in our Constitution’s Due Process Clause and the Eighth Amendment’s prohibition against excessive fines and cruel and unusual punishment. That principle—referred to as proportionality—appears in both our criminal and civil law. It forbids, for example, the imposition of a life sentence for passing a bad check. It means that the state cannot sentence juveniles for non-homicide crimes to life without parole. And it disallows extreme punitive damages awards. So what does proportionality have to say when the government tries to deport a lawful permanent resident who, a decade ago, shoplifted $200 worth of merchandise from a department store? Right now, astonishingly, nothing: immigration judges do not even consider whether a person’s banishment from the United States is a disproportionate punishment for a crime before ordering the person’s removal. But advocates are working to change this. Read More
Report: ICE Officers Fail to Report Some Sex Abuse Claims
Immigration and Customs Enforcement (ICE) officers failed to report numerous allegations of sexual abuse over the last four years, according to a recent report from the Government Accountability Office (GAO). Between October 2009 to March 2013, ICE headquarters received reports of 215 allegations of sexual abuse and assault, but a GAO audit of 10 of those facilities found an additional 28 allegations—40 percent more than the 70 allegations reported by these facilities. Read More
New York’s Highest Court Says that Noncitizens Must Be Warned of Deportation Risk Before Pleading Guilty
The highest court in New York ruled on Tuesday that due process compels state court judges to warn defendants in criminal proceedings who are not U.S. citizens that pleading guilty to a felony may result in their deportation. The court noted that “deportation is a plea consequence of such tremendous importance, grave impact and frequent occurrence that a defendant is entitled to notice that it may ensue…Due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony.” Read More
Detention Bed Mandate is Just One Example of How Immigration is Being Criminalized
For more than a century, study after study has confirmed two simple yet powerful truths about the relationship between immigration and crime: immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are not associated with higher rates of either violent or property crime. Unfortunately, immigration policy is frequently shaped more by fear and stereotype than by empirical evidence, which is why immigrants are so often treated like dangerous criminals by the U.S. immigration system. Whole new classes of “felonies” are created which apply only to immigrants, deportation is viewed as a just punishment for even minor crimes, and policies to end unauthorized immigration become more and more punitive rather than more rational and practical. In short, immigration itself is being criminalized. Read More
Anti-Immigrant Think Tank Beats Same Old “Tax Fraud” Drum
The Center for Immigration Studies (CIS) recently released a paper with the inflammatory title “Paying Illegals to Stay.” The paper highlights a two-year-old report from the Treasury Department’s Inspector General which enumerated what immigrant taxpayers who file their taxes using an Individual Taxpayer Identification Number (ITIN) were receiving in tax refunds through the Additional Child Tax Credit (ACTC) they claimed for their U.S.-citizen children. Read More
Nativist Group Pretends That All Unauthorized Immigrants Are Criminals
Unauthorized immigrants come to this country primarily for two reasons: to work, and to be reunited with family members who are already here. They would obviously prefer to come to this country legally, but our legal limits on immigration have for decades not matched either the realities of U.S. labor demand or the natural human desire for family unity. And so they opt to make the expensive, difficult, and dangerous decision to come without authorization because that is what they judge to be the best chance they and their families have for a better future. In other words, the overwhelming majority of unauthorized immigrants are as far from being hardened criminals as you could possibly get. They are gardeners and housekeepers; husbands and wives; parents with children. They are members of U.S. society and integral to the U.S. economy. Read More
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