Immigration at the Border
Which State is Really Going to Be the Next Arizona?
Ever since SB1070 passed through the state legislature in Arizona, aspiring politicians and elected officials have jumped on the rhetorical bandwagon, promising similar legislation in their own states—no matter what the political or fiscal costs. No other state has actually passed copycat legislation, but many have made attempts and overtures towards that end. While observers are waiting to see how far states are willing to go in wrestling control over immigration away from the federal government and into their own hands, nothing will be certain until after next Tuesday’s election. It’s likely some are levying harsh immigration legislation purely as election-time talking points, but there are others who seem to have a bone to pick with immigrants and will likely stake their careers on the pursuit of “attrition through enforcement.” Read More
Office of Inspector General (OIG) Finds 287(g) Program Still Riddled with Flaws
DHS’s Office of Inspector General (OIG) recently released an updated report on the Performance of 287(g) Agreements which provides the same dreary account of the program as the first one. The April 2010 OIG report found that ICE and its local law enforcement partners have not complied with the terms of their 287(g) Memoranda of Agreement (MOAs), that the standards by which deputized officers are evaluated are not in line with the stated objectives of the 287(g) program, that the program is poorly supervised by ICE, and that additional oversight is necessary. It included 33 recommendations to improve the program, 28 of which, the new report finds, still remain open. Read More
GOP Leaders Huff and Puff in Yet Another Letter to Napolitano about ICE Enforcement Priorities
Despite a record number of removals in fiscal year 2010, GOP Senators Sessions, Cornyn, Kyl, Grassley, Hatch, Coburn and Graham fired off yet another letter to Department of Homeland Security (DHS) Secretary Janet Napolitano yesterday, accusing the administration of a “lax approach” to immigration enforcement and “selectively enforcing” immigration laws. The letter, which cites a Houston Chronicle article quoting nearly 400 dismissed removal cases in Houston immigration courts in recent months, follows new Immigration and Customs Enforcement (ICE) priorities of pursuing serious criminals and a countrywide systematic review of certain immigration court cases. The conservative Senators complaint, however, is not new. In fact, it’s just the latest in a string of letters accusing the administration of everything from “de facto amnesty” to giving detainees an “overly-comfortable place to reside.” The senators, it seems, are out for more than a fair, functioning and prioritized immigration enforcement system. Read More
Georgia Board of Regents Attempts to Ban Undocumented Immigrants from University System
Last week, the Georgia Board of Regents decided to effectively ban undocumented students from attending 5 of the 61 Universities and Technical College Systems of Georgia starting in the fall of 2011 through a series of admissions provisions. Georgia becomes the second state (after South Carolina) to attempt to prevent undocumented students from attending its universities. This effort comes despite the fact that of the 310,000 students in the Georgia system, only 501 are undocumented—all of whom pay out of state tuition (which more than covers the cost of their instruction). Read More
U.S. Border Czar Calls on Congress to Get Serious about Immigration Reform
While some candidates continue to make political fodder out of immigration and border security on the campaign trail, administration officials are pushing Congress to get real about overhauling our broken immigration system. Customs and Border Protection (CBP) Commissioner, Alan Bersin, recently commented that Congress needs to ‘get serious about a post-election immigration overhaul if the nation is to deal with the duality of enforcing border security while facilitating trade.’ In the wake of the nation’s SB1070-inspired border frenzy, some may be surprised to learn that there’s more to immigration than targeting undocumented immigrants and securing the border. A big part of Bersin’s job also involves regulating the flow of trade and commerce across the border, as well as expediting travel—priorities that tend to get lost in empty debate over who's the toughest on undocumented immigration. Read More
Another Lawsuit Against Arizona’s SB1070 Moves Forward
U.S. District Court Judge Susan Bolton denied motions by Arizona Governor Jan Brewer, Maricopa County Sheriff Joe Arpaio, and Pinal County Sheriff Paul Babeu last week to dismiss a lawsuit filed by plaintiffs against Arizona law SB 1070. Counsel for the plaintiffs, which includes the American Civil Liberties Union (ACLU), the Mexican-American Legal Defense Fund, and the National Immigration Law Center, alleges that SB 1070 unlawfully attempts to regulate immigration and would result in widespread racial profiling. The lawsuit is one of seven originally filed against SB 1070. Read More
Why is the Obama Administration So Afraid of Administrative Fixes to Our Immigration System?
This week, DHS Secretary Janet Napolitano was clearly channeling her predecessor, Michael Chertoff, as she touted her Department’s remarkable progress in enforcing immigration laws. Not only did she proudly announce that DHS had a record-breaking year for deportations, but she clarified that local law enforcement cannot opt out of the Secure Communities program once it’s in place. Moreover, she made it clear that DHS is not a warm and fuzzy place, noting that the separation of families couldn’t be helped until we had comprehensive immigration reform. She also gave a resounding “no” when asked if the Department contemplated any major deferral of removal programs as suggested by a series of leaked memos. And, virtually repeating the mantra of Secretary Chertoff, Napolitano insisted, “This department is about enforcing the law that we have." But concerning administrative fixes to our immigration system, Secretary Napolitano and the Obama Administrative should be taking their cue from the Bush administration. Read More
Supreme Court to Hear Two Cases Affecting Immigrants, Including a Case Challenging a Recent Anti-Immigrant Law
This week, the United States Supreme Court opened its October session. Among the cases it will hear is a challenge to a state law that sanctions employers for hiring unauthorized workers. This is the first case challenging the recent influx of state and local laws attempting to regulate immigrants and immigration and an opportunity for the Supreme Court to assert the federal government’s constitutional right to set immigration law. In the second immigration case, the Supreme Court must decide whether former citizenship law provisions—which imposed a five-year residency requirement for U.S. citizen fathers, but not mothers—violate equal protection. Read More
Nativist Group Unhinged Over GOP’s “Pledge to America”
The nativist Federation for American Immigration Reform (FAIR) is apoplectic over the Republican Party’s recently released “Pledge to America.” Apparently, the GOP’s professed commitment to “establish operational control of the border,” “strengthen visa security,” and “work with state and local officials to enforce our immigration laws” isn’t tough enough—or unrealistic enough—to meet FAIR’s high standards. In a shrill and fact-free press release, FAIR complains that immigration was “barely a blurb” in the Pledge, and then claims—without a shred of evidence—that pouring more money into worksite immigration enforcement would amount to a form of “economic stimulus” that would magically “protect American workers” and “raise wages.” FAIR’s press release concludes by presenting its own “serious and effective immigration plan,” which includes a laundry list of just about every costly, ineffective, and destructive immigration-enforcement policy which has ever been tried. Read More
Utah Leaders Balk at Arizona-esque Immigration Enforcement Bill
With midterm election campaigning well underway, some local candidates are lifting up state and local immigration enforcement legislation as a means to garner public support. Unfortunately, as is often the case when politics meets reality, not everyone is on board with local enforcement laws like Arizona’s SB1070—key provisions of which were enjoined by a federal district judge in late July. Over the last few months, state leaders in Ohio, Idaho, Nebraska and Houston have either heavily edited or voted not to pursue state immigration measures, citing costly lawsuits, court battles and the dubious constitutionality of such laws. This month, state leaders in Utah are also balking at an immigration measure modeled on the controversial Arizona law. Read More
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