Immigration at the Border
The Criminal Alien Program: Immigration Enforcement in Travis County, Texas
The Criminal Alien Program (CAP) is a program administered by Immigration and Customs Enforcement (ICE) that screens inmates in prisons and jails, identifies deportable non-citizens, and places them into deportation proceedings. In this Special Report, The Criminal Alien Program: Immigration Enforcement in Travis County, Texas, author Andrea Guttin, Esq., provides a brief history and background on the CAP program. Guttin also includes a case study of CAP implementation in Travis County, Texas, which finds that the program has a negative impact on communities because it increases the community’s fear of reporting crime to police, is costly, and may encourage racial profiling. Read More
Striking While the Iron is Hot: Drop in Unauthorized Immigrant Population a Good Time for Immigration Reform
The number of unauthorized immigrants living in the U.S. dropped by roughly 1 million last year, according to a new report released by the Department of Homeland Security (DHS) yesterday. As of January 2009, the number of unauthorized immigrants currently residing in the U.S. totaled 10.8 million, down from 11.6 million in January 2008, marking the second consecutive year of decline. As numerous reports have noted, not since 2005 has the number of unauthorized immigrants been so low. Read More
New ABA Study Documents Serious System-Wide Problems in the Removal Process
For over a year, the American Bar Association’s Commission on Immigration and the law firm of Arnold & Porter LLP engaged in a comprehensive review of the current removal process. The law firm poured over hundreds of articles, reports, legislative materials, and other documents, and interviewed scores of participants in the system, including lawyers, judges, advocacy groups, and academics. This study led them to conclude what many immigrants, their families, and immigration lawyers and advocates already knew and what many others suspected: the removal system is severely flawed and fails to afford fair process to all noncitizens facing deportation from the United States. The study details many of the deficiencies in the current system and makes a strong case for systemic reform. Read More
New Data on Federal Court Prosecutions Reveal Non-Violent Immigration Prosecutions Up
The Transactional Records Access Clearinghouse (TRAC) reports that federal immigration prosecutions rose to record levels during fiscal year (FY) 2009. In the past, federal court resources were appropriately allocated to pursue immigration-related prosecutions against individuals with criminal backgrounds. Recently, however, priorities have shifted, and large numbers of federal immigration prosecutions have focused on non-violent border crossers, creating the appearance that immigrants are committing more crimes. However, the fact is -- the federal government’s shift in resources has meant spending billions of dollars prosecuting non-violent immigration violators while more serious criminals involved in drugs, weapons, and organized crime face a lower probability of prosecution. Read More
Napolitano Unveils Enforcement-Heavy Immigration Budget for DHS
The Fiscal Year (FY) 2011 budget request for the Department of Homeland Security (DHS), which Homeland Security Secretary Janet Napolitano unveiled yesterday, exemplifies the enforcement mentality which pervades the federal government’s approach to immigration. The two immigration-enforcement components of DHS—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—consume 30% of the department’s total budget, while the immigration-services component, U.S. Citizenship and Immigration Services, is allotted a mere 5%. However, the budget request does throw a few much-needed crumbs to programs such as Asylum and Refugee Services and Immigrant Integration and Citizenship. Read More
ICE Assistant Secretary Stakes his Legacy on Detention Reform
Today at the Migration Policy Institute, Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement (ICE), John Morton, outlined his vision for immigration detention reforms which he hopes will mark his time and tenure at ICE. In particular, Morton emphasized the need for detention facilities that are designed specifically for immigration detention purposes as opposed to converted prisons. His vision is to redesign facilities to look like civil detention centers rather than criminal jails. While detention advocates welcome the intention of Morton’s new goals, the question remains as to whether ICE is capable of implementing these much needed changes after years of less than favorable reports about the immigration detention system and a flurry of articles by Nina Bernstein in the New York Times detailing some of the problems in the system. Read More
Supreme Court Protects Immigrants’ Access to Court Review
Yesterday, the U.S. Supreme Court issued a decision ensuring that immigrants facing deportation have fair process in the review of their cases. The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to reopen the case. The Court's decision protects immigrants' access to federal court review and affirms the role of the courts in our system of checks and balances on government power. Read More
Thousands Gather Across the U.S. to Support Comprehensive Immigration Reform
The Reform Immigration FOR America campaign launched its Massive 2010 Nationwide Kickoff last week, holding more than 100 events in 28 states. Events include town halls, marches, vigils, and other rallies. In Denver, Colorado, hundreds of faith leaders and immigrant advocates joined U.S. Sen. Michael Bennett (D-CO) to rally for comprehensive immigration reform (CIR). Sen. Bennett, packed in an auditorium with more than 500 supporters of immigration reformer, pledged his support for immigration reform and further commented that "the [immigration] system is unmanageable” and will “require a broad coalition of groups to bring about reform." Read More
Dr. Martin Luther King, Jr., and the Intersection of Immigration and Civil Rights
Today, we celebrate the life and legacy of Dr. Martin Luther King, Jr., a man whose dream of equality and human rights changed the course of history. His legacy will be remembered this week by people of all colors and creeds who still believe in the American dream and who continue to fight for equality, civil rights and the basic human dignity they deserve. Over the weekend, thousands of human rights activists took to the street in Phoenix, Arizona, to march for civil rights and for “long-overdue federal action on immigration.” Read More
Secretary Napolitano Announces Temporary Protective Status for Unauthorized Haitians
Today, Department of Homeland Security Secretary Napolitano announced the designation of Temporary Protective Status (TPS) for eligible nationals of Haiti, whose homeland was devastated by an earthquake earlier this week. According to Secretary Napolitano, as of January 12, 2010, the estimated 100,000 to 200,000 unauthorized Haitians currently in… Read More
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