Immigration at the Border
Groups File Legal Claims Against Border Patrol In Abuse Cases
While the Department of Homeland Security's (DHS) immigration officers have broad authority to detain and ultimately deport noncitizens, they are generally not authorized to detain U.S. citizens and certainly cannot deport them. Yet, that is essentially what happened to a four-year-old U.S. citizen. In March 2011, U.S. Customs and Border Protection (CBP), a component of DHS, detained a young girl when she arrived at Dulles Airport in Virginia, deprived her of any contact with her parents, and then sent her back to Guatemala. Last Friday, her father fought back, filing a lawsuit on his daughter’s behalf to seek redress for the harm she suffered and to shed light on an agency that all too often acts outside the law. Read More
Lawsuit Seeking Damages on Behalf of Four-Year-Old U.S. Citizen Wrongly Detained and Returned to Guatemala
In March 2013, the American Immigration Council and Cleary, Gottlieb, Steen & Hamilton, later joined by the Legal Aid Justice Center, filed a lawsuit alleging that CBP officers at Dulles Airport in Virginia unlawfully detained a U.S. citizen child for more than twenty hours, deprived her of contact with her parents, and then effectively deported her to Guatemala. The case was one of ten complaints filed the same week to highlight CBP abuses along the northern and southern borders. Read More
Recognizing Immigrant Women’s Needs in Immigration Reform
While the recent debate over reauthorization of the Violence Against Women Act and the Trafficking Victims Protection Act may have reminded the nation that there are “women’s issues” in immigration law, it doesn’t necessarily follow that most people regard immigration reform as a woman’s issue. Despite the fact that immigrant women make up a growing share of workers, entrepreneurs, single heads of households, and new voters—while remaining primary caregivers in families—the laws we craft to reform our broken immigration system have often been insensitive to the obstacles and challenges immigrant women face in applying for immigration status. Read More
Immigration Policy in the States: A Roundup
As Congress begins to debate how to overhaul the nation’s immigration laws on the federal level, state governors who previously staked out anti-immigrant positions are quieter. And in a change from previous years, few measures that mimic provisions of Arizona’s SB-1070 have been proposed in state legislatures. That’s not to say there isn’t still some anti-immigrant legislation bubbling up in states. In Mississippi, for example, a bill to strengthen enforcement of the mandatory E-Verify was introduced but died in the House, however a measure to prevent undocumented immigrants from purchasing public lands is still pending in the Senate after the House passed it. Read More
Immigrants Deserve Basic Miranda-Like Warnings When Arrested
As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court explained that providing these warnings prior to police questioning ensures that criminal suspects are aware of their rights and therefore are better protected against the intimidation inherent in police interrogations. Read More
Congressional Hearing Illustrates Nativist Manipulation of “Border Security”
The concept of “border security” is inherently ambiguous. After all, we live in a world where no international border can be completely sealed. The risk that a bad guy will come across the border—by land, sea, or air—can never be reduced to zero, no matter how much money or manpower is funneled into border-security operations. As a result, it is easy for political opportunists to use the notion of “border security” as a smoke screen behind which to advance their own agendas. In the context of the debate over immigration reform, the quest for ever-increasing levels of border security is used as an excuse to oppose any meaningful changes to a dysfunctional immigration system which itself undermines security by its failure to operate fairly or efficiently. This is an irony which is apparently lost on those nativist politicians and activists for whom no level of border enforcement will ever be viewed as sufficient to justify immigration reform. Read More
How Budget Cuts From Sequestration Will Affect The Nation’s Immigration System
The U.S.’s immigration system, already burdened by application processing backlogs and insufficient funding for immigration courts, could become even more unwieldy if the government must slash its budget on March 1. Sequestration – a package of across-the-board government spending cuts totaling $85 billion this year and $1.2 trillion over the next decade – likely will go into effect on Friday unless Congress and President Obama manage to reach a deal. Currently, there are no reports of ongoing negotiations to avert the automatic cuts, so when the cuts kick in, all aspects of the immigration system – from visas to deportations – would be impacted. Read More
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
Reaching the Six-Month Mark on Deferred Action for Childhood Arrivals (DACA)
The Department of Homeland Security has issued its latest data on the Obama Administration’s initiative that offers deferment from deportation and temporary work permits to young undocumented immigrants under the Deferred Action for Childhood Arrivals (DACA) initiative. In the first six months of the program (August 15–February 14), 423,634 out of the roughly 936,933 immigrants between the ages of 15 and 30 who might immediately meet the requirements, have had their applications accepted for processing. In other words, approximately 45% of those potentially eligible for the program have applied in the first six months. In addition, since February, 199,460 individuals have been approved for DACA and will receive two-year temporary work permits. Read More
Putting the White House Immigration Reform Proposal into Perspective
Over the weekend, the press reported on a leaked draft of portions of the White House’s immigration proposal, and the coverage since then has been largely a frenzied discussion of whether the leak will kill Senate negotiations. There shouldn’t be much chance of that, given the immense pressure on the Senate to not only come up with a proposal, but actually draft legislation that can be debated and voted on this year. Now that at least some of the Administration’s ideas are out in the public eye, it’s useful to treat them as what they are: basic discussion points on what might be in an eventual bill. In the long run, the draft proposal may help to encourage the constructive conversation that the Administration has sought to have on reform. Read More
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