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.
SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice
Almost three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make “removal nearly an automatic result” for many noncitizens convicted of crimes. Consequently, the Court held that a criminal defense attorney must advise noncitizen clients about the risks of deportation if they accept a plea bargain. If the defense attorney fails to provide this advice, the noncitizen can seek to have the conviction set aside. Such recourse brings integrity to the criminal justice and immigration systems and ensures that immigrants who reasonably rely on advice from their lawyers are not unfairly held accountable for their lawyers’ mistakes. Read More
New ICE Detainer Guidance Too Little, Too Late
On the Friday before Christmas, U.S. Immigration and Customs Enforcement (ICE) released new guidance on immigration “detainers,” the lynchpin of agency enforcement programs involving cooperation with local police. In the new guidance, ICE Director John Morton instructed agency employees to only file detainers against immigrants who represent agency “priorities.” Unfortunately, as with prior agency memos on prosecutorial discretion, the detainer guidance is so riddled with loopholes that it could have little—if any—practical effect. Read More
Supreme Court to Consider Reach of Padilla v. Kentucky
In its landmark decision in Padilla v. Kentucky, the Supreme Court confirmed that criminal defense attorneys have a constitutional obligation to advise their clients if pleading guilty to a particular offense could lead to deportation. On Thursday,* the Justices will consider a follow-up question of critical importance for many immigrants placed in removal proceedings on account of bad legal advice: whether the ruling applies to cases that became final before the decision was issued. Read More
ICE Scaling Back 287(g) Program
The 287(g) program has been controversial and criticized for years, and immigrant advocates have demanded that US Immigration and Customs Enforcement (ICE) terminate the program. Section 287(g) of the INA allows the Secretary of Homeland Security to enter into agreements that delegate immigration powers to local police, but only through negotiated agreements, documented in Memoranda of Agreement (MOAs). The task force model deputizes police to enforce immigration laws in the course of their regular activities on the streets, and the jail model places deputized police officers within jails. A recent development raises questions about the future of the program. Read More
Supreme Court Case Highlights Cruel Intersection of Immigration and Drug Laws
Tomorrow morning, the Supreme Court will hear arguments in a complicated immigration case involving how courts should determine whether a crime qualifies as an “aggravated felony.” Once the legal clutter is set aside, however, the case provides a clear example of how our nation’s immigration laws often fail to account for the most basic considerations of fairness and proportionality. If the Justices rule in the government’s favor, a lawful permanent resident with two U.S. citizen children could be deported from the country—and permanently barred from returning—for possessing less than $30 worth of marijuana. Read More
Restrictionists Misrepresent Data on Immigration Enforcement
Some members of Congress are intent on portraying the Obama administration as “weak” on immigration enforcement, and they aren’t going to let facts get in their way. Yesterday, for example, the Congressional Research Service (CRS) released new data on individuals who had been identified through Secure Communities (S-Comm) but against whom ICE had not taken enforcement action. House Judiciary Chair Lamar Smith characterized the data as proof that the Obama administration has used prosecutorial discretion “recklessly and to the detriment of the American people.” However, a close look at the data reveals that Smith’s sweeping allegations do not hold water. By misusing terms like “recidivism,” and by failing to distinguish between arrests and convictions, Smith intends to paint immigrants as criminals—a link that has been disproven over and over again. Read More
Why Human Trafficking Cases are Falling Through the Cracks
Human trafficking is a big yet commonly overlooked problem in the United States and abroad. Each year, roughly 600,000 to 800,000 people are trafficked across international borders, according to the Department of State, with about 17,500 into the United States. Despite an uptick in laws aimed at addressing this problem, U.S. law enforcement and state prosecutors haven’t identified or prosecuted as many cases as expected given the large number of cases, leaving many to question why. In a recent report, however, experts at the Urban Institute and Northeastern University shed some light on why so many cases seem to be falling through the cracks. Read More
Does the Supreme Court Think Most Immigrants are Criminals?
Even as the Supreme Court struck down three provisions of Arizona’s anti-immigrant law (SB 1070), the Justices appeared to embrace a major falsehood of nativist ideology: that immigrants are more likely to be criminals than the native-born. On page six of the majority opinion, the Court maintains that unauthorized immigrants are “reported to be responsible for a disproportionate share of serious crime” in Arizona’s Maricopa County. The source cited for this bold statement is a 2009 report from the Center for Immigration Studies (CIS)—a deeply flawed report which attempts to overturn a century’s worth of research demonstrating that immigrants are less likely than the native-born to commit violent crimes or end up behind bars. Read More
Does the Punishment Fit the Crime? Experts Examine “Proportionality” and “Discretion” in Our Immigration System
As immigration becomes an ever more controversial part of the American debate, conversations often turn to details about legislation and court battles rather than questioning whether fundamental principles of justice are being applied throughout our immigration system. Two new reports released today, however, address some of these key principles, such as the idea of proportionality (whether the punishment fits the crime in immigration court) and the idea of discretion (how and when immigration law is applied). While these reports probe different areas of immigration law, they both represent a new way of thinking about how our immigration system functions, or at least should be functioning, today. Read More
U.S-Mexico Border Residents Not Surprised by Falling Crime Stats
Listening to politicians, one would think that the border is rife with murder, arson, theft, kidnapping, and every other type of violent crime imaginable. Unfortunately, those who spread these images often conflate the violence associated with drugs and arms trafficking with immigration, unfairly painting immigrants as the perpetrators. This image of a violence-ridden, out-of-control border has been used to justify increasingly higher spending on enforcement along the border, increases in Border Patrol agents and the deployment of the National Guard. Immigration restrictionists have also used images of border violence and immigrants committing crimes to shut down attempts at serious comprehensive immigration reform. Read More
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