Immigration Enforcement
Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit
Shortly after the administration began accepting applications under the Deferred Action for Childhood Arrivals (DACA) program, Kris Kobach—the author of Arizona SB 1070 and other notorious state immigration laws—filed a lawsuit on behalf of ten disgruntled immigration agents seeking to halt the program in its tracks. The lawsuit has largely been viewed as a politically motivated stunt, with little chance of success in court. Now, a new law review article by University of Virginia law professor David Martin, one of the nation’s premier experts on immigration law, systematically debunks Kobach’s legal arguments. Read More
New ICE Detainer Guidance Too Little, Too Late
On the Friday before Christmas, U.S. Immigration and Customs Enforcement (ICE) released new guidance on immigration “detainers,” the lynchpin of agency enforcement programs involving cooperation with local police. In the new guidance, ICE Director John Morton instructed agency employees to only file detainers against immigrants who represent agency “priorities.” Unfortunately, as with prior agency memos on prosecutorial discretion, the detainer guidance is so riddled with loopholes that it could have little—if any—practical effect. Read More
Countdown of the Top Five Immigration Stories of 2012
In the beginning of 2012, the landscape of the immigration world looked much different. Pro-immigrant groups were coming off of a rough few years that saw the failure of the DREAM Act, a spike in deportations under President Obama, and the passage of several state-level restrictionist bills like Arizona’s infamous SB 1070 and Alabama’s HB 56. However, immediately after the 2012 Presidential election, the discussion around immigration reform was reignited and led with legalization for the 11 million undocumented immigrants currently living in the country. What changed? Here’s our take on five of the biggest reasons 2012 has been a catalyst for change: Read More
Federal Judges Remind Government to Consider Prosecutorial Discretion
Prosecutorial discretion is the authority of a law enforcement agency or officer to decide whether and to what degree to enforce the law in particular cases. The Deferred Action for Childhood Arrivals (DACA) initiative continues to be a successful example of prosecutorial discretion in the immigration context. However the Department of Homeland Security (DHS) often ignores other non-DACA-related cases where prosecutorial discretion would be equally appropriate. Read More
Boston Globe Series Exposes Pitfalls of Immigration Detention
Last week, the Boston Globe ran an important series of articles on a topic that receives far too little attention: the vast network of civil detention centers that last year held more than 400,000 immigrants in the United States. The product of a year-long investigation, the series shines a spotlight on a system in which detainees often have no right to a bail hearing, are not given attorneys if they cannot afford one, and are transferred between facilities at the whim of federal immigration officials. Although one article misleadingly faults immigration officials for releasing certain detainees, the series as a whole is worth reading. Read More
Border Patrol Tightens Up Its Policy on Providing Interpretation Services
By Lisa Graybill, Visiting Lecturer in Law at the University of Denver Sturm College of Law. In a welcome if overdue move last Thursday, the Department of Homeland Security (DHS) issued new guidance to Customs and Border Patrol (CBP) personnel, directing them not to respond to requests for translation assistance from other law enforcement organizations. The new guidance, which has not been publicly released, requires CBP personnel, including U.S. Border Patrol agents, to instead refer requests for translation from federal, state, and local law enforcement organizations to private local and national translation services. However, the guidance does not affect CBP’s authority to respond to requests from law enforcement agencies for other types of assistance. Read More
Latest DACA Approval Numbers Released by USCIS
The U.S. Citizenship and Immigration Services (USCIS) has released the latest numbers on the Deferred Action for Childhood Arrivals (DACA) initiative. The numbers provided by the agency reflect activity between August 15, 2012 – December 13, 2012. Entering its fifth month, the numbers are encouraging. Of… Read More
Colorado Digs Itself Into a Fiscal Hole in the Name of Immigration Enforcement
At a time when state budget deficits are growing larger, you might think that state governments would avoid imposing costly, unfunded mandates on themselves. Yet that is exactly what states are doing when they pass laws that transform their police officers into proxy immigration agents. As officers spend more of their scarce resources and time rounding up people whom they suspect of being unauthorized immigrants, costs mount not only for the police force, but for jails and courts as well. More often than not, these costs are being needlessly incurred in order to lock up people who are in no way a threat to public safety. Read More
The AIC Welcomes Customs and Border Protection’s New Guidance on Interpretation
The American Immigration Council (AIC) welcomes U.S. Customs and Border Protection’s (CBP) decision, announced yesterday, to stop providing interpretation assistance to other law enforcement agencies. This decision, which is set forth in new agency guidance that has not been publicly released, reportedly directs CBP personnel to refer requests for… Read More
The American Immigration Council Welcomes Customs and Border Protection’s New Guidance on Interpretation
Washington D.C. – The American Immigration Council (AIC) welcomes U.S. Customs and Border Protection’s (CBP) decision, announced yesterday, to stop providing interpretation assistance to other law enforcement agencies. This decision, which is set forth in new agency guidance that has not been publicly released, reportedly… Read More
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