Immigration at the Border
ICE Distorts Facts in Debate over Immigration Detainers
February was an important month in the debate over immigration “detainers,” the controversial tool used to strong-arm local jails into holding immigrants on the federal government’s behalf. In Connecticut, a class-action lawsuit was filed attacking detainers’ many legal vulnerabilities, and the Governor announced that state jails will not honor them in all cases. In Illinois, Cook County received another pointed letter from Immigration and Customs Enforcement (ICE) Director John Morton over a local ordinance enacted last year. While immigration detainers are a subject of legitimate public debate, the controversies demonstrate how ICE has resorted to making disingenuous legal claims in apparent hopes spreading the mistaken belief that immigration detainers must be honored. Read More
New Report Debunks Myth of Self-Deportation
Faced with harsh anti-immigrant laws passed by state or local governments, most unauthorized immigrants do not return to their home countries. That is the inescapable conclusion of a new report from the Center for American Progress (CAP), entitled Staying Put but Still in the Shadows, by Leah Muse-Orlinoff. The report finds that unauthorized immigrants react to anti-immigrant laws by moving to a different county or state, or by staying right where they are and isolating themselves even further from the larger society. In other words, GOP presidential contender Mitt Romney was wrong when he argued that a “self deportation” solution to the problem of unauthorized immigration might actually work. Read More
Courts, State Legislators Pull Back on Restrictive Immigration Legislation
Although several states were eager to introduce their own restrictive immigration bills following Arizona and Alabama’s harsh laws, some legislators and federal judges are now pulling back on these costly bills. A federal judge in Utah this week refused to issue a ruling on the state’s immigration law in anticipation of a Supreme Court ruling on Arizona’s law while a federal judge in Nebraska struck down part of a restrictive city ordinance, finding a housing provision to be “discriminatory.” Meanwhile, legislators in Kansas and Virginia also failed to move forward on a series of restrictive immigration bills this week, due in part, as one article suggests, to the “political blowback to similar measures that have been enacted in states such as Arizona, Alabama and Georgia.” Read More
Kris Kobach, a Romney Immigration Advisor, Puts Number on Self-Deportation Plan
A recent Salon.com article quotes long-time immigration restrictionist Kris Kobach putting a figure on his self-deportation policy for the first time. “If we had a true nationwide policy of self-deportation,” Kobach said, “I believe we would see our illegal alien population cut in half at a minimum very quickly.” Salon.com did the math, finding that “with an estimated 11 million undocumented residents in the country, Kobach is hoping to force 5.5 million people to leave the country by 2016.” Kobach insists, however, that he does not want “to do it at gunpoint.” Instead, he said undocumented residents “should go home on their own volition, under their own will, pick their own day, get their things in order and leave. That’s a more humane way.” Read More
Kris Kobach, a Romney Immigration Advisor, Puts Number on Self-Deportation Plan
A recent Salon.com article quotes long-time immigration restrictionist Kris Kobach putting a figure on his self-deportation policy for the first time. “If we had a true nationwide policy of self-deportation,” Kobach said, “I believe we would see our illegal alien population cut in half at a minimum very quickly.” Salon.com did the math, finding that “with an estimated 11 million undocumented residents in the country, Kobach is hoping to force 5.5 million people to leave the country by 2016.” Kobach insists, however, that he does not want “to do it at gunpoint.” Instead, he said undocumented residents “should go home on their own volition, under their own will, pick their own day, get their things in order and leave. That’s a more humane way.” Read More
Authority of U.S. Customs and Border Protection Agents: An Overview
As federal officers, U.S. Customs and Border Patrol agents may only exercise the authority granted under federal statutes and regulations. This fact sheet provides a snapshot of search, interrogation, and arrest powers currently authorized under the law. Read More
What the President’s 2013 Budget Means for the Administration’s Immigration Priorities
This month, President Obama released his FY2013 budget proposal, estimating $3.8 trillion in total spending in 2013. This budget proposal signals the beginning of the annual federal budget process. Congressional budget and appropriations committees will now spend months deliberating over the appropriations bills, which are unlikely to look anything like the president’s budget proposal. However, the president’s budget request does provide a window into the administration’s immigration priorities and plans. Read More
New Mexico Governor Fails to Repeal State Driver’s License Law Yet Again
Yesterday, the New Mexico Legislature ended its 2012 session, leaving intact the 2003 state law that allows driver’s licenses to be issued to individuals regardless of immigration status. This marks the third unsuccessful attempt by Republican Governor Susana Martinez to repeal the state’s driver’s license law. HB103, the bill backed by Martinez, passed the House earlier this month but failed to make it through the Senate. An alternative Senate bill, SB235, which would have tightened residency requirements but not repealed the 2003 law, passed the Senate. Governor Martinez, however, vowed to veto that Senate bill. New Mexico and Washington are the only states that issue driver’s licenses regardless of immigration status (Utah issues a driving certificate that can’t be used for identification). Read More
At Supreme Court, Arizona Gets Help from the Usual Suspects
Following the filing last week of Arizona’s brief defending SB 1070, the Supreme Court has received a barrage of briefs supporting the notorious immigration law from a none-too-surprising array of suspects. As might be expected, the arguments range from the predictable (that the Obama Administration fails to enforce the immigration laws) to the provocative (that states can carry out all immigration functions short of deportation) to the preposterous (that the Constitution allows Arizona to wage war against an “invasion” of immigrants). Of course, while neither Arizona nor their lawyers can be held responsible for the arguments of outside organizations, the briefs still offer a revealing look at the identities and motivations of SB 1070’s most ardent supporters. Read More
Q&A Guide to State Immigration Laws
What You Need to Know if Your State is Considering Anti-immigrant Legislation Updated 2012 - In April 2010, Arizona governor Jan Brewer signed the “Support Our Law Enforcement and Safe Neighborhoods Act,” or, as it is commonly known, SB1070. At the time of its passage, Arizona’s immigration law surpassed all previous state immigration-control efforts. While much of the law has been enjoined by the courts, its passage inspired legislators in other states to pass similar legislation. Since SB1070 passed, 36 other states have attempted to pass harsh immigration-control laws. Of those, 31 states have rejected or refused to advance their bills. However, five states—Utah, Indiana, South Carolina, Georgia, and Alabama—have passed laws that mirror or go beyond the Arizona law. It is likely that additional states will attempt to pass similar anti-immigrant legislation during the 2012 legislative session. SB1070 and other immigration-related state legislation represent, among other things, a growing frustration with our broken immigration system. The courts will decide the constitutionality of the various laws, and time will answer many questions about their impact. In the short term, much evidence suggests that an enforcement-only strategy—whether attempted at the federal or state level—will not solve the root causes of unauthorized immigration. Read More
