Immigration at the Border
ICE Policy on Parental Rights Addresses Long Overdue Problem in Immigration System
For years, leading family and children’s advocates have argued that the bond between parent and child is often a casualty of our broken immigration system. Consequently, they have argued that ensuring parental rights in the context of immigration proceedings is critical—whether the issue is about determining who should have custody of an unaccompanied minor, exercising discretion to release a sole caregiver from detention, or ensuring that a person in immigration proceedings doesn’t automatically lose parental rights. On Friday, Immigration and Customs Enforcement (ICE) finally released a memorandum that offers clear guidelines on these questions. Unfortunately, some people, like House Immigration Subcommittee Chairman Bob Goodlatte, immediately tried to turn this into a political issue about immigration reform, instead of what it is—guidance for making sure the rights of parents and children are protected. 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
Positive Gains for DACA Recipients Seen at One-Year Anniversary
Today marks the first year anniversary of the implementation of the Deferred Action for Childhood Arrival (DACA) initiative and there are overwhelmingly positive outcomes to celebrate as well as important lessons to learn. According to the most recent statistics, USCIS has received 573,704 applications since the program was implemented a year ago. Of those, 430,236 have been approved. Submission and approval rates aside, the one year anniversary of the program also offers an opportunity to look back at DACA’s impact on the lives of the young people who received it. Read More
Fear Mongering via Mexican Asylum Cases
Here’s how an immigration rumor gets started. Take one local Fox news station, mix in a bunch of undisclosed sources complaining about asylum seekers at the Otay border crossing, add in some inflammatory comments from the chairman of the board of the Center for Immigration Studies, and just wait for the story to get blown up and out of proportion by anti-immigrant-fed media sources. For added zest, make sure the story airs shortly after a highly publicized event, like the detention and release of the DREAM9 at the Mexican border, which can be easily mixed up and conflated into some kind of threat to the country’s integrity and security. 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
Turning up the Heat on Congress Over Summer Recess
August recess is in full swing, and the plans to show Congress how badly Americans want immigration reform “back home” are well under way. While August is always a time to remind Members of Congress about crucial issues, this year’s immigration events, meetings, and rallies are occurring at a time when Members of Congress, particularly House Republicans, are seriously re-examining their positions on immigration. This may be the most critical month for capturing the hearts and minds of House Members. Read More
Arizona Governor Jan Brewer Still Cannot Connect the Dots Between Immigration Reform and Border Security
Anti-immigrant politicians suffer from a chronic inability to understand that immigration reform must be truly comprehensive if it is to be effective. That is, all facets of the extremely complex U.S. immigration system must be fixed at the same time if the system as a whole is to function properly—everything from border enforcement to family reunification to visas for high-skilled and less-skilled workers to legal status for unauthorized immigrants already living in the United States. Yet politicians like Arizona Governor Jan Brewer continue to repeat the same meaningless mantra when it comes to a systemic overhaul of U.S. immigration laws and policies: “secure the border first.” Which, roughly translated, means “make the broken system work, and then we can fix it.” Read More
Courts Continue to Reject Arizona Style Laws, Even as House Embraces SAFE Act
Last year, in Arizona v. United States, the Supreme Court reaffirmed that the federal government, rather than the states, has both the responsibility and the authority to enforce immigration law. Leaving immigration enforcement to the whims of individual state legislatures and law enforcement officers was, according to the Court, likely to undermine the federal framework and interfere with U.S. foreign relations. Despite this resounding rejection of state immigration enforcement, or perhaps because of it, the House Immigration Subcommittee passed the Strengthen and Fortify Enforcement (SAFE) Act (H.R. 2278), which attempts to make an end run around the Supreme Court’s decision by empowering states and localities to enforce immigration law as they see fit. At the very time the country is pushing for a comprehensive federal overhaul of the immigration system, the presence of the SAFE Act threatens to cripple the success of those efforts. 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
