Immigration at the Border
Local Officials Improve Immigration Enforcement Policies as Congress Fails to Act
The county council in King County, Washington, decided this week that local law enforcement officials will stop honoring federal immigration agents’ requests to detain immigrants who are arrested for low-level crimes. They voted 5-4 for the new policy on Monday, and supporters hope the change “will build trust between local police and immigrants who don’t report crimes for fear they or a family member will be deported,” according to the Seattle Times. 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
‘Fast 4 Families’ Moves to Next Phase as New Fasters Take the Mantle
On the National Mall today, the four core fasters leading the “Fast 4 Families” ordained new fasters and ended their 22-day, water-only fast. Members of Congress, the faith community and civil and immigrant rights groups turned out to witness the four fasters passing the baton over to others who will continue the fast until House Speaker John Boehner schedules a vote on immigration reform. Read More
Will New USCIS Memos Confuse House Judiciary Committee Again?
One of the significant lessons of 2013 is that good immigration policy matters to the American public. It’s unfortunate, then, that the House Judiciary Committee is choosing to end its year focusing not on immigration reform, but on how best to take the President to task for making use of executive authority. Read More
Keeping CBP In Line With Proposed Reforms
In May 2010, Congress submitted a request to the Department of Homeland Security (DHS) for a review of U.S. Customs and Border Protection’s (CBP) policy on the use of force by border patrol agents. Drawing on recommendations from a hard-hitting report by DHS’s Office of Inspector General, as well as an internal review and an independent evaluation by the Police Executive Research Forum (PERF), CBP announced compliance with a handful of proposed reforms to its use of force policy. 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
D.C. Follows 11 Other States Allowing Undocumented Immigrants to Drive Legally
As House leaders delay on passing immigration reform that would help millions of immigrants already in the U.S., Washington, D.C., officials are taking steps to improve the lives of undocumented immigrants who call the city home. Last week the D.C. Council passed a bill, written by Council member Mary Cheh, which allows undocumented residents to apply for Driver’s Licenses. D.C. Mayor Vincent Gray signed the bill yesterday. The new policy, which goes into effect May 1, sets up a system where undocumented immigrants will receive licenses that are the same but for their being marked "not valid for official federal purposes." Driver’s licenses for legal residents and citizens will not change. Read More
Understanding DACA’s Education Requirement
When the Deferred Action for Childhood Arrivals (DACA) program was first announced, it was clear that individuals would have to meet some sort of education requirement in order to obtain the program’s many benefits, including a two-year renewable reprieve from deportation, work authorization, a social security number, and—in nearly every state—the chance to apply for a driver’s license. What was unknown was how the immigration agency would address the question of individuals who were unable to finish high school. Would they be categorically excluded from DACA? Or would the agency provide an incentive for those folks to re-enroll in school? Fortunately, the government chose the latter. In doing so, it gave an estimated 400,000 people who met the DACA guidelines but didn’t finish high school a shot at getting DACA. Many of these individuals are thought to be among the 1.2 million who haven’t yet taken advantage of the program. Read More
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