Immigration at the Border
Will the Third Time Be the Charm for the TRUST Act in California?
For the third time in three years, lawmakers in California will seek passage of the TRUST Act, a so-called “anti-Arizona” bill that would limit the ability of local authorities to honor requests from immigration authorities to continue detaining individuals on behalf of the federal government. Although Gov. Jerry Brown vetoed a similar version of the bill in September, supporters hope the third time for the bill will be the charm. Read More
Using Administrative Tools to Improve Immigration Court
Even as the push for legislative reform to our immigration system begins anew, it’s important that every tool to fix our outdated immigration system be employed, including administrative reform. While rarely discussed, attention must be paid to immigration court reform. Immigration courts lack many of the hallmarks of due process that Americans have come to expect, including the right to appointed counsel if you cannot afford one, independent judges, and a discovery process where the government must turn over the evidence it has regarding the person’s deportability. While true immigration reform should include overhauling the immigration courts, there is much that can be done to improve their processes immediately through administrative action. Read More
Arizona Faces Lawsuit over DACA Driver’s License Policy
Less than six months after it received a stinging rebuke from the Supreme Court, Arizona today was hit with another major lawsuit over its punitive immigration policies—this time challenging its practice of denying driver’s licenses to beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program. Filed in federal court in Phoenix, the class-action suit challenges an executive order issued by Gov. Jan Brewer making DACA recipients ineligible for all public benefits. Although the suit is limited to Arizona’s policy, the outcome could affect DACA recipients’ ability to obtain driver’s licenses in other states as well. Read More
The 287(g) Program: An Overview
Through the 287(g) program, state and local police officers collaborate with the federal government to enforce federal immigration laws. In the past, the 287(g) program has been costly for localities, has not focused on serious criminals, and has Read More
This Week’s Immigration Proposals: Old News, Old Ideas
If you follow immigration, but are returning from a month-long, news-free vacation, there’s only one conclusion you would draw from the legislation Republicans offered up this week in Congress: Mitt Romney must have won the presidential election. After all, the ACHIEVE Act, introduced yesterday by retiring Senators Jon Kyl (R-AZ) and Kay Bailey Hutchison (R-TX), which offers temporary legal status but no path to citizenship to DREAMers, is surely the bill they were preparing to offer in the event that a Romney Administration was in the wings. And on the House side, a slightly revised version of the STEM Jobs Act—which failed on the suspension calendar before the election—is back on the floor at the end of this week without changing any of the problems that led to its defeat before. Surely, this suggests that the predictions that immigration would play a decisive role in the presidential election didn’t pan out and that self-deportation as an immigration reform strategy worked. Except, none of this is true. Read More
Kris Kobach Continues Digging Immigration Hole
Despite a general consensus that adopting “self-deportation” as immigration policy helped sink Mitt Romney’s White House aspirations, the architect of this philosophy, Kansas Secretary of State Kris Kobach, isn’t ready to give in. Kobach doesn’t seem to care that most in his party have awakened to the fact that they are in a “death spiral” with Latino voters because of intolerant rhetoric around immigration. Nor does he seem fazed that dozens of young DREAM activists in his state protested at his office last week, demanding his resignation. Read More
A Look at Immigrant Detention Facilities: Abuses and Proposed Reform
Last week, Detention Watch Network (DWN) launched its “Expose and Close” campaign, an initiative designed to reveal the egregious human rights violations taking place in immigrant detention facilities throughout the United States and to advocate for reform. As part of this campaign, DWN, in collaboration with human rights advocates, community organizers, legal service providers, and faith groups, released ten reports highlighting the inhumane living conditions at some of the country’s worst detention centers. The reports detail accounts of physical and psychological abuse, including sexual abuse, inadequate medical care, and prolonged solitary confinement. Read More
BREAKING: DACA Approvals Surpass 50,000
Earlier this afternoon, the Obama administration released updated statistics indicating that 53,273 undocumented youths have been granted relief under the Deferred Action for Childhood Arrivals (DACA) program. As of November 15, U.S. Citizenship and Immigration Services (USCIS) had received more than 300,000 requests for deferred action, with most… Read More
Conservatives Who Support Immigration Reform Need to Rethink Border Security
The elections have produced nothing short of an immigration epiphany among some conservative commentators and politicians. Spurred by the electoral beating that Republican candidates suffered at the hands of Latino voters, pundits and lawmakers who once advocated an enforcement-only solution to the problem of unauthorized immigration are now talking about a pathway to legalization. While this new-found pro-legalization stance is highly commendable, it is being coupled with distinctly old-fashioned notions of border security. Legalization programs are being proposed along with border walls as the solution for our border-security weaknesses. However, walls which try (and fail) to keep people out of the country won’t make us safer. The real target of border-security measures should be the cartels that smuggle immigrants, money, drugs, and guns across the border—not the immigrants, money, drugs, and guns themselves. Read More
Watchdog Report Offers Misdiagnosis of Immigration Court Backlog
With more than 325,000 cases pending at the start of October, our nation’s immigration courts are indisputably operating under a crushing backlog. The only question is whether and how it can be resolved. In a little-noticed report issued in early November, the Inspector General of the Justice Department levied a number of criticisms regarding the length of time needed to decide individual cases. Although the report makes a few valid points, its ultimate recommendations would prioritize the quantity of decisions made over the quality of decisions issued. Read More
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