Immigration at the Border
Mandatory E-Verify: An Enforcement Proposal Even Conservatives Don’t Like
Rep. Lamar Smith may find himself whistling in the wind this week as members of his own party continue to blast his E-Verify proposal. Smith’s bill, The “Legal Workforce Act” H.R. 2885, which continues to get marked up this week by the House Judiciary Committee, would make E-Verify mandatory nationwide. Conservative lawmakers, Tea Partiers, and Libertarians, however, fear that E-Verify—a electronic system that allows employers to verify work eligibility by checking employee data against Social Security Administration records—will violate civil liberties, hurt small businesses, and destroy the agriculture industry which relies heavily on undocumented labor. Read More
Task Force Submits Recommendations on DHS’s Flawed Secure Communities Program
Anyone following the saga surrounding Secure Communities—DHS’s flawed enforcement program that runs fingerprints through federal databases—can tell you that the program has been rife with controversy since its inception in 2008. As DHS began to stray from the program’s original focus on criminal aliens—state and city leaders, police chiefs, immigration advocates, and congressional members blasted the agency for casting too broad a net and for its dubious implementation process. After tensions reached a boiling point in June, ICE Director John Morton created a 20-member task force to address growing concerns. This week, that task force submitted its final recommendations in a report to the Homeland Security Advisory Council (HSAC)—recommendations that some former task force members say don’t go far enough. Read More
Lamar Smith’s E-Verify Arguments Defy Logic and Lack Evidence
Facing opposition from the left and the right, Rep. Lamar Smith appears to be willing to do and say just about anything to pass his “Legal Workforce Act,” (H.R. 2885), which would make E-Verify mandatory for all U.S. businesses. Smith continues to tout E-Verify as a magic bullet that will create jobs for millions of American workers despite all evidence to the contrary. Read More
Illinois County “Just Says No” to Costly Immigration Detainers
As public debate over Immigration and Customs Enforcement’s (ICE) controversial enforcement policies continues, a county in Illinois recently voted against using one tool in ICE’s enforcement arsenal—immigration detainers. Detainers are requests (not commands) from ICE to local law enforcement agencies that ask local agencies to notify ICE prior to releasing an individual from custody. ICE issues detainers—which allow local agencies to retain individuals for 48 hours after scheduled release—so that they can determine whether individuals are subject to deportation and take them into federal custody. Last week, however, the Cook County Board of Commissioners voted 10-5 against honoring the voluntary immigration detainers, citing the prohibitive cost of detaining individuals. Read More
Ten Years After 9/11, Is the U.S. Deporting Those Who Threaten to Do Us Harm?
This past weekend, the U.S. commemorated the ten-year anniversary of the 9/11 terrorist attacks. Life and travel in the U.S. has changed in some significant ways over the past decade, and many observers have noted that immigration policy, in particular, has been deeply affected. The fact that the terrorists were foreign nationals that arrived legally in the U.S. on visas prompted action, including the creation of the Department of Homeland Security, stepped up enforcement along the border, additional scrutiny for visa applicants, and increased partnerships with state and local law enforcement agencies. But ten years later, is the U.S. actually deporting those who threaten to do us harm? Read More
Experts Challenge Conventional Wisdom on Border Security
No one should be shocked by this election season’s default response to immigration questions, “We must secure the border." It's the same tired sound bite as last election cycle. While border security might make for an easy rhetorical punching bag, it seems to be an area the most vocal politicians know the least about and a topic they care little about fixing. If politicians were serious about securing the border, they would be too busy bringing down drug cartels to blame undocumented immigrants for all of our border woes—or so say former Arizona Attorney General Terry Goddard and anthropologist Josiah Heyman in papers released this week. Read More
Guns, Drugs, and Money: Tackling the Real Threats to Border Security
The external borders of the United States matter to security, but how and in what ways is neither automatic nor obvious. The current assumption is that borders defend the national interior against all harms, which are understood as consistently coming from outside—and that security is always obtained in the same way, whatever the issue. Some security policies correctly use borders as tools to increase safety, but border policy does not protect us from all harms. The 9/11 terrorists came through airports with visas, thus crossing a border inspection system without being stopped. They did not cross the U.S.-Mexico border. Future terrorists would not necessarily cross a land border. U.S. citizens and residents, and nationals of Western Europe, also represent an important element of the terrorist threat, and they have unimpeded or easy passage through U.S. borders. Fortified borders cannot protect us from all security threats or sources of harm. Read More
U.S. Sentencing Commission Data Reveals Dysfunction of U.S. Immigration System
Federal courts and prisons are being overwhelmed by the broken U.S. immigration system. That is one of the central points to emerge from data contained in a new report from the U.S. Sentencing Commission. It is also a point that is easily missed if you are looking at the wrong numbers. For instance, the numbers of Latinos and non-U.S. citizens who are sent to federal prison are startling. But even more startling is how many of them are going to federal prison because of non-violent immigration offenses. In defiance of common sense, they may be in federal prison even though they have not committed a violent crime or even a property crime. Their only crime might be entering the country without permission. Read More
Lamar Smith Introduces New Agricultural Twist to His Anti-Immigrant Agenda
Rep. Lamar Smith (R-TX), Chairman of the House Judiciary Committee, has added a novel new twist to his anti-immigrant agenda: letting more immigrant workers into the country. In defiance of logic, the man who believes that immigrants merely steal jobs from U.S. citizens now wants to import migrant agricultural workers. At a hearing today of the House Subcommittee on Immigration Policy and Enforcement, Rep. Smith rolled out his latest legislative proposal, called the “American Specialty Agriculture Act” (H.R. 2847). The bill would create a new “H-2C” visa for temporary agricultural workers to replace the existing H-2A program, and would allow growers to bring in up to 500,000 of these workers each year. Read More
President Obama’s Very Legal Move on Immigration
DHS’s recent announcement on enforcement priorities suggests that the agency, along with the Department of Justice, is serious about trying to target those persons who pose a threat to public safety. Unfortunately, there has been little official communication from either agency about the initiatives underway to review current immigration court cases or to issue broader guidance within DHS on prosecutorial discretion, both follow ups to guidelines issued in a June memo from ICE Director John Morton. To fill the void, immigration advocacy groups have attempted to explain what these initiatives are not: NOT an amnesty, NOT a blanket deferral of removal program for all DREAMERs or anyone else, and NOT an abandonment of the deportation laws. But because there has been little official guidance, Administration opponents and immigration restrictionists are doing their best to reshape the policy into all of these things and more. Read More
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