Immigration at the Border
Top Five Immigration Stories from 2013
From the beginning, it was clear that 2013 was going to be a big year for immigration. The results of the 2012 Presidential Election were widely interpreted as a rebuke to Mitt Romney’s enforcement-only “self-deportation” policy, and President Obama’s huge victory among minority communities was seen as a… 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
Federal Judge Enjoins Key Provisions of South Carolina’s Immigration Law
Washington, D.C.—The American Immigration Council welcomes today’s ruling from U.S. District Judge Richard M. Gergel, which temporarily enjoined three provisions of South Carolina Act 69 and found a fourth provision likely to be overturned in future proceedings. The ruling makes South Carolina the sixth state—after Arizona, Indiana, Georgia, Utah, and… 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
ICE Releases 2013 Deportation Data
U.S. Immigration and Customs Enforcement (ICE) deported 368,644 immigrants during the 2013 fiscal year, according to the agency’s year-end removal numbers. ICE officials report that 235,093 of those removed were apprehend at the border, and 133,551 people were apprehended in the interior of the U.S. Of… Read More
New Legal Analysis Shows State Compliance with ICE Detainers May Violate the Constitution
Chicago, New York, and San Francisco now prevent local jails from honoring immigration detainers—requests from federal immigration officials for state and local jails to hold a person so that Immigration and Customs Enforcement (ICE) agents can investigate the person’s immigration status—unless an arrestee has been charged with or convicted of certain criminal offenses. And California’s Trust Act, which does virtually the same thing, will go into effect early next year. Yet, while these states have limited who can be subject to an immigration detainer, there are legal questions surrounding this selective enforcement that call into question whether detainers are legal at all. Read More
The Faulty Legal Arguments Behind Immigration Detainers
In late June 2012, the Supreme Court struck down three provisions of Arizona’s SB 1070 and left a fourth vulnerable to future legal challenge. As has been well documented, the Court’s rejection of SB 1070 tipped the balance in favor of federal enforcement and away from state and local enforcement of the immigration laws. But this essay explores a less obvious consequence of the Court’s decision: its implications for the viability of a critical federal enforcement mechanism: the immigration “detainer.” An immigration detainer is a piece of paper that federal immigration officials send to state and local jails requesting that they continue holding an individual for up to 48 business hours after he or she would otherwise be released, so that agents of U.S. Immigration and Customs Enforcement (ICE) can investigate the person’s status and assume custody if necessary. Also known as immigration “holds,” detainers are the key enforcement mechanism behind federal enforcement initiatives like the Criminal Alien Program and Secure Communities. There has been considerable confusion as to whether a detainer is a mere request that ICE be notified of a suspected immigration violator’s impending release, or a command by ICE that state or local officials hold a prisoner for ICE beyond the time the prisoner would otherwise be released. Independent of that question, however, the Court’s decision in Arizona v. United States identifies a more fundamental problem: that detainers may violate the Constitution and federal statutes even when honored on a voluntary basis. Read More
House Bi-Partisan Budget Deal Gives Hope to Immigration Activists
One day before Congress left town for the holiday recess, the House of Representatives approved a two-year budget deal by a wide margin. Despite some GOP opposition to the plan, House Speaker John Boehner allowed a vote on the plan, which passed with a majority of Democratic and Republican votes. The budget outline now heads to the Senate for a vote. Before the vote on Thursday, Boehner attacked extremely conservative factions within his party who he said were standing in the way of progress. He told reporters these groups were “misleading” and added, “I think they’re pushing our members in places where they don’t want to be. And frankly, I just think that they’ve lost all credibility.” Read More
Nuevos Informes Revelan Cultura de Crueldad dentro de la Patrulla Fronteriza
Esta semana el American Immigration Council publicó dos nuevos informes que muestran a las claras ciertos patrones sistemáticos en el uso de la fuerza por parte de la Patrulla Fronteriza de los Estados Unidos. En particular, los informes ponen en evidencia una serie de abusos, tanto físicos como verbales, ejercidos contra inmigrantes indocumentados durante el proceso de aprehensión o mientras los mismos están detenidos. Asimismo, documentan prácticas corrientes de retención de pertenencias de los migrantes ocurridas durante el proceso de deportación. Read More
House Hearing Misses the Mark on Asylum Claims
The House Judiciary Committee held a hearing Thursday about whether or not abuse of the asylum system is “overwhelming our borders.” What the committee ended up focusing on, however, was the alleged abuse of the credible fear screening process, a preliminary step in the application process for some asylum seekers. Although credible fear is different from asylum, this distinction was lost at times during the hearing despite the best efforts of the witnesses. Read More
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