Interior Enforcement
DHS Issues Tropical Storm Karen Guidance
As they have done during previous weather-related emergencies, the Department of Homeland Security issued guidance directing that immigration enforcement activities be suspended. The directive notes: “…to the extent that Karen impacts law enforcement operations and/or the storm triggers the need for an officially ordered evacuation or an emergency government… Read More
ICE Detainers Continue to Target Immigrants with No Criminal Convictions
This week, the Transactional Records Access Clearinghouse (TRAC) released a troubling new report showing that only about 10% of ICE detainers target “individuals who pose a serious threat to public safety or national security.” Although the agency’s highest enforcement priorities are threats to public safety and national security, government data shows that, in recent months, the majority of detainers were issued for individuals who had no criminal convictions. Read More
Colorado Emergency Relief Efforts Impeded by Immigrants’ Mistrust of Law Enforcement
The recent flooding in Colorado, in which eight people died and property losses are likely to reach $2 billion, offers another reminder that local law enforcement efforts are often hindered by our broken immigration system. The Denver Post reported that some unauthorized immigrants risk injury or miss out on assistance because they are afraid to interact with police. For example, Augustina Tema’s husband, who is an unauthorized immigrant, was afraid to come outside when police officers went door-to-door to warn residents of the pending flood. Augustina, a legal resident, expressed fear of applying for assistance because of her husband’s status, a fear other undocumented families echoed. For the undocumented families, the tragedy of losing their homes to flooding is compounded by the loss of their “paper trail”—materials that would be needed to prove residency for any future legalization programs. Disaster-related documentation problems extend to those legally residing in the United States if the papers that prove an immigrant may legally live and work in the United States are lost as well, further hindering emergency assistance. Read More
The Cost of Immigration Enforcement and Border Security
Since the creation of the Department of Homeland Security in 2003, the federal government has spent an estimated $324 billion on the agencies that carry out immigration enforcement. Read More
Local Immigration Enforcement Harms Community Policing and Public Safety
Many local municipalities and law enforcement agencies are concerned that local immigration enforcement programs such as the 287(g) program, which deputize local police to perform duties of federal immigration agents, destroy the relationship between the police and the immigrant communities on whom they rely for cooperation and crime reporting. A report released this month by the Center for Immigration Studies (CIS) states that these fears are unfounded and that local immigration enforcement has no effect on cooperation with police. However, the data cited by CIS, which include crime reporting statistics and a study of the effects of the Prince William County 287(g) program, do not support these claims, and in fact suggest the opposite, that immigration enforcement by local police severely damages relationships with immigration communities and harms public safety. Read More
States Drive Positive Change on Immigration While House Is Stuck in Low Gear
Despite the slow pace of immigration reform in the House of Representatives, it has been a banner year for legislation at the state level to help undocumented immigrants living in the U.S. As the National Immigration Law Center (NILC) explains in a new report, “Inclusive Policies Advance Dramatically in the States,” state legislatures approved laws allowing undocumented immigrants to obtain driver’s licenses, qualify for in-state tuition, and expand worker’s rights. And states and local governments considered measures to limit involvement with immigration enforcement. This was a sharp change from previous years when officials debated measures with provisions that mimicked Arizona’s SB-1070. In the wake of record numbers of Latino and Asian voters participating in the 2012 elections, several state legislatures by and large moved in a more positive direction as lawmakers from both parties supported pro-immigration measures. Read More
Newark Police Department Latest to Push Back on ICE Detainer Requests
The Newark Police Department is the most recent local law enforcement agency to announce that it will refuse requests by Immigration and Customs Enforcement to detain people who have been picked up for minor criminal offenses. Newark is the first city in New Jersey to stop honoring detainer requests from ICE, and the announcement follows news that New Orleans has also adopted a similar policy. Newark Police Director Samuel DeMaio signed the policy change on July 24: Read More
New Orleans Latest Locality to Shift Costly Immigration Enforcement Burden Back to Feds
New Orleans has stopped honoring detainer requests from Immigration and Customs Enforcement (ICE) officials—the first Southern city to do so—now that the Orleans Parish sheriff’s office will no longer detain people who are suspected of being undocumented immigrants. According to The New York Times, the sheriff’s office will “decline all ICE detention requests except when a person is being held on certain specific serious charges.” For individuals with those charges, the sheriff will defer to the recommendation of the criminal court. The parish sheriff will no longer investigate an individual’s immigration status. ICE may not conduct investigations into civil violations of immigration law in the jail. If ICE wants to conduct a criminal investigation in the jail, ICE must provide reasonable notice and opportunity for the individual’s attorney to be present at any interview. Read More
ICE Agrees to Release Thousands of Previously-Withheld Records
Washington, DC – Yesterday, a U.S. District Court in Connecticut approved a settlement in a Freedom of Information Act (FOIA) lawsuit challenging the refusal of Immigration and Customs Enforcement (ICE) to release tens of thousands of documents about the Criminal Alien Program (CAP), one of the agency’s largest enforcement… Read More
The Criminal Alien Program (CAP): Immigration Enforcement in Prisons and Jails
The Criminal Alien Program (CAP) is an expansive immigration enforcement program that leads to the initiation of removal proceedings in many cases. While CAP has existed in one form or another for decades, there is still much to be learned about the program, how it is organized, and how it works. What is known is that CAP extends to every area of the country and intersects with most state and local law enforcement agencies. For years, the CAP program has operated with little public attention and many of its elements have only recently come to light following FOIA litigation against Immigration and Customs Enforcement (ICE). The information obtained through the lawsuit regarding CAP’s current organization and staffing suggests CAP is not a single program, but a loose-knit group of several different programs operating within ICE. Other than a small number of staff responsible for the administration of CAP at ICE headquarters, there is no dedicated CAP staff. Rather, ICE pulls personnel and resources from across the agency to perform CAP-related functions. The ICE declarations and deposition also explain how CAP functions within prisons and jails. There appears to be little consistency in, and little or no policy governing, how CAP cooperates with state and local law enforcement agencies in different regions and in how CAP interacts with detainees in different facilities. Instead, CAP appears to function as an ad hoc set of activities that operate differently across the country and across penal institutions, raising questions about the adequacy of oversight, training, and accountability of the personnel implementing CAP. This information confirms that there is still much about CAP that remains unknown or unclear. Given the breadth of CAP, the centrality of its role in immigration enforcement, and its large impact on the immigrant community, it is critical that ICE clarify how CAP operates. Read More
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