Immigration at the Border

Locked Up Without End: Indefinite Detention of Immigrants Will Not Make America Safer
One of the ugliest myths in the immigration debate is that immigrants are more likely to commit crime or pose a danger to society. Although studies repeatedly have shown that immigrants are less likely to commit crimes than native-born Americans, politicians continue to exploit the public’s fear of crime to justify ever more punitive immigration measures, including the mass incarceration of immigrants for reasons that would never be permitted for U.S. citizens. A prime example of this political double standard is the “Keep Our Communities Safe Act of 2011” (H.R. 1932), introduced this past spring by Representative Lamar Smith (R-TX), Chairman of the House Judiciary Committee. H.R. 1932 proposes a massive expansion of our immigration lock-up system that would waste millions of taxpayer dollars and violate our constitutional commitments to individual liberty and due process of law, while doing little to make America safer. The vast scope of H.R. 1932 became clear during its committee mark-up, where members of the House Subcommittee on Immigration Policy and Enforcement challenged the language and intent of the legislation and sought to amend its reach. During that meeting, Rep. Smith was forced to acknowledge that the bill’s detention mandates extend to immigrants who have no criminal record whatsoever, much less focus narrowly on hard-core offenders. Since that time, however, Rep. Smith has continued to misrepresent that “the bill only specifies that a small segment of criminal immigrants may be detained for extended periods.” Read More

Federal Judge Denies DOJ’s Request to Stay Alabama’s Immigration Law
Today, U.S. District Judge Sharon Blackburn denied the Department of Justice’s (DOJ) request to stay her previous ruling last week which kept major portions of Alabama’s restrictive immigration law, HB 56, intact. Following the judge’s ruling, the DOJ requested a stay of the law pending… Read More

DHS Needs to Target Violent Drug Cartels, Not Immigrants Trying to Reunite with Families
Times have changed along the U.S.-Mexico border. In just a few short years, Mexican drug cartels have taken over the people-smuggling business. Although U.S. border walls and fences have proliferated, they have done nothing to prevent the cartels from moving drugs, human beings, guns, and money back and forth across the border. The combination of heightened U.S. border enforcement and cartel violence has made crossing the border increasingly dangerous. Yet large numbers of unauthorized immigrants who were previously deported from the United States continue to risk their lives by crossing the border in order to reunite with their U.S. families. The Obama Administration’s current enforcement policies treat these family-bound migrants like hardened criminals, while failing to address the real threat to security—the cartels. Read More

Can Alabama Afford to Enforce their New Restrictive Immigration Law?
This week, U.S. District Judge Sharon Blackburn failed to enjoin major provisions of Alabama’s extreme immigration law, HB 56, a law designed to drive unauthorized immigrants from the state. Under the law, police officers are now required to demand proof of legal status from anyone who seems foreign. School administrators are required to ask children about their immigration status and that of their parents. People and businesses—including utilities companies—are encouraged not to enter into contracts with anyone who cannot prove their legal status. While some anti-immigrant groups are celebrating the judge’s decision, Alabama businesses and state agencies may ultimately bear the economic brunt of this damaging law. Read More

What You Should Know About Initial Rulings on Alabama’s Immigration Law
Yesterday’s initial rulings from Judge Sharon Blackburn over Alabama’s new anti-immigrant legislation are disturbing and disappointing on many fronts. Absent a reversal of her decision based on an emergency appeal, many provisions of the law that mirror those struck down in every other jurisdiction will go into effect. If so, everyone in Alabama will pay the price of the law’s implementation—and there can be no doubt that residents of Alabama with dark skin, a foreign sounding name, or an accent will face more questions, intrusions, and humiliations. From a legal perspective, however, declarations of a “victory” for Alabama by media outlets and anti-immigrants’ rights groups are premature. The truth is much more complicated. Read More

Alabama’s Dangerous New Anti-Immigrant Law
Washington D.C. – Yesterday, Judge Sharon Blackburn failed to enjoin major portions of Alabama’s extreme anti-immigrant law, HB 56, leaving many dangerous sections open to implementation. Local police, for example, are required to act as federal immigration enforcement agents by demanding proof of legal status from anyone who appears to… Read More

Federal Judge Rules to Keeps Key Provisions of Alabama’s Restrictive Immigration Law
Today, U.S. District Judge Sharon Blackburn ruled to keep many of the key provisions in HB 56, Alabama’s restrictive immigration law recently challenged by the Department of Justice (DOJ) and civil and immigrant rights groups. While Judge Blackburn ruled to enjoin some provisions of HB 56, she found that the DOJ and civil and immigrant rights groups did not meet “the requirements for a preliminary injunction” in its claim that major provisions—such as the section requiring schools to determine the immigration status of students’ and their parents’—are preempted by federal law. Signed by Governor Robert Bentley in June, HB 56 was challenged by civil rights groups, religious leaders and the DOJ on the basis that the law interferes with the federal enforcement of immigration laws and places undue burdens on local schools and federal agencies. Read More

GOP Candidates Distort Truth on In-State Tuition for Unauthorized Students
Texas Governor Rick Perry, a candidate in the Republican presidential primaries, has been taking a lot of conservative heat lately over his support for the “Texas DREAM Act.” That bill, which Perry signed into law in 2001, allows young unauthorized Texans who came to this country as children to qualify for in-state tuition in state colleges and universities in the same way as their lawfully present peers. Perry says that supporting the bill was an act of mercy towards unauthorized youth who had no say in the decision of their parents to come to the United States without permission. He also says that it is in the best interest of the state to educate unauthorized children rather than consigning them to the margins of society. Read More

Despite Lamar Smith’s Claims, E-Verify Is Not a Jobs Bill
BY TYLER MORAN, NATIONAL IMMIGRATION LAW CENTER While Chairman Lamar Smith (R-TX) promises that his mandatory E-Verify legislation (HR 2885) is a jobs creation bill, the mark-up of the bill in the House Judiciary Committee last week proved that it is anything but. Though the bill passed the committee by a 22-13 party line vote, the debate in committee and amendments offered make it crystal clear the bill would actually yield job losses. The debate leading up to the committee mark up also shows just how fractured conservatives have become on this issue—and much of it focuses on concerns over jobs. In fact, an unlikely coalition of progressive and conservative organizations joined together to oppose the bill, turning a host of job arguments upside down. Read More

Next Stop, Napolitano: DHS Committee Approves Task Force Recommendations on Secure Communities
Last week, a task force created to study DHS’ controversial “Secure Communities” initiative issued a report listing a series of recommendations to improve the program. Among other proposals, the task force recommended that federal authorities standardize the use of prosecutorial discretion around the country, make the program more transparent, and decline to initiate deportation proceedings against immigrants who have not been convicted of serious crimes or otherwise pose a threat to public safety. As of yesterday, those recommendations are one step closer actual implementation as the Homeland Security Advisory Council (HSAC) voted to approve the task force’s findings and submit them for further consideration to DHS leadership, including Secretary Janet Napolitano. While HSAC agreed (almost) unanimously to submit the recommendations to DHS, the committee was careful to characterize the findings as a good first step rather than a cure to problems with Secure Communities. Read More
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