Interior Enforcement
Restrictionists Misrepresent Data on Immigration Enforcement
Some members of Congress are intent on portraying the Obama administration as “weak” on immigration enforcement, and they aren’t going to let facts get in their way. Yesterday, for example, the Congressional Research Service (CRS) released new data on individuals who had been identified through Secure Communities (S-Comm) but against whom ICE had not taken enforcement action. House Judiciary Chair Lamar Smith characterized the data as proof that the Obama administration has used prosecutorial discretion “recklessly and to the detriment of the American people.” However, a close look at the data reveals that Smith’s sweeping allegations do not hold water. By misusing terms like “recidivism,” and by failing to distinguish between arrests and convictions, Smith intends to paint immigrants as criminals—a link that has been disproven over and over again. Read More
In California, TRUST Act One Step Closer to Becoming Law
The California state Senate overwhelmingly approved the TRUST Act on Thursday, marking a significant step for a piece of legislation aimed at limiting the humanitarian impact of the Secure Communities program. The bill must still pass the state Assembly and be signed by Gov. Jerry Brown to become law, but its success thus far represents an important victory for the immigrants rights movement and has positioned California as the “anti-Arizona” among states frustrated with Washington’s failure to enact comprehensive immigration reform. Read More
DC Passes Act Limiting District’s Response to ICE’s Immigration Detainers
Today, ICE activated the Secure Communities program in Washington, DC, sparking fear in immigrant communities that the program will result in racial profiling and the deportation of non-priority immigrants as it has in other jurisdictions. With Secure Communities active, the fingerprints of all persons booked into DC jails will be sent to the FBI and will then be forwarded to DHS to be checked against federal immigration databases. If ICE decides to take action against an immigrant identified through the program, they place a detainer on the individual—a request asking DC police to hold the person for up to 48 hours so ICE can take custody. However, in a move praised by immigration advocates, the DC Council passed an emergency act today limiting the District’s response to detainer requests. Read More
In California, Lawmakers Mount New Challenge to Secure Communities
Last year, lawmakers in California were poised to pass a bill—known as the TRUST Act—to let local jurisdictions opt out of Secure Communities, the federal program that routes fingerprints taken at local jails to federal immigration authorities. Before final passage, however, federal officials rendered the bill moot by declaring that participation in the program was mandatory. Now, lawmakers are considering a revised version of the bill that would minimize the impact of Secure Communities by limiting the ability of local governments to detain immigrants on the federal government’s behalf. Read More
From Fingerprints to DNA: Biometric Data Collection in U.S. Immigrant Communities and Beyond
The collection of biometrics—including fingerprints, DNA, and face-recognition ready photographs—is becoming more and more a part of society. Both the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) are in the process of expanding their biometrics databases to collect even more information, like face prints and iris scans. The expansion of biometric data collection, however, is uniquely affecting undocumented immigrants and immigrant communities. Under DHS’s Secure Communities program, for example, states are required to share their fingerprint data with DHS, thus subjecting undocumented and even documented immigrants in the United States to heightened fears of deportation should they have any interaction with law enforcement. In this report, co-sponsored by the Electronic Frontier Foundation (EFF), author Jennifer Lynch explains the different technologies for collecting biometrics, as well as how that data is collected, stored and used. She raises concerns about data-sharing, legal protection, technological problems, then proposes changes to control and limit the storage of biometrics to benefit not only immigrants, but all people in the U.S. Read More
In Heart of Texas, Sheriff Takes Heat for Honoring Immigration Detainers
A local election in Travis County, Texas, is bringing to light important questions surrounding the controversial Secure Communities program. As recently reported by the Texas Tribune, Democratic primary challenger John Sisson has criticized incumbent Sheriff Greg Hamilton for honoring federal immigration “detainers”—the lynchpin of Secure Communities—because of their harm to immigrant communities. While Hamilton has said he is bound by federal law, contrary policies in jurisdictions around the country show the sheriff is either misinformed or confused. Read More
The Myth of “Self-Deportation”
How Behavioral Economics Reveals the Fallacies behind “Attrition through Enforcement” By Alexandra Filindra, Ph.D. The concept of “self-deportation” rests on a deceptively simple premise. According to its supporters, if the federal government invests more in enforcing immigration laws, and if states and localities take on additional immigration control responsibilities, the costs and risks of staying in the United States will increase substantially for undocumented immigrants. Faced with a high risk of being caught and imprisoned, “rational” undocumented residents will “give up and deport themselves” returning to their home countries rather than remain in the U.S. However, preliminary evidence from studies conducted in states where such enforcement laws have been enacted shows that immigration restrictionists have gotten it wrong. Immigrant population in these states has remained in place and the predicted exodus never materialized. Economic factors, rather than enforcement, have played a far more important role in reducing the rate of undocumented entry into the United States. This report uses important research findings from cognitive psychology and behavioral economics to explain why restrictionists have gotten it wrong and people do not behave in the “rational” way that restrictionists expect them to. Read More
Report Brings Border Patrol Abuses to Light in Washington State
The borderlands of the southwestern United States are not the only place where immigration enforcement tramples upon the most basic of civil and human rights. Many communities along the northern border are also subject to such abuses, as detailed in a recent report from OneAmerica and the University of Washington Center for Human Rights. The report, entitled The Growing Human Rights Crisis Along Washington’s Northern Border, is based on a year’s worth of interviews and observations in border communities in Washington State. This investigation found that Border Patrol agents, often acting in collaboration with local police, repeatedly harass and abuse immigrants, as well as native-born U.S. citizens perceived to look or sound like immigrants. Read More
Q&A on Office of Inspector General Reports on Secure Communities Program
In April 2012, the Department of Homeland Security (DHS) Office of Inspector General (OIG) released two long-awaited reports on the Secure Communities Program: Operations of United States Immigration and Customs Enforcement’s Secure Communities and Communication Regarding Participation in Secure Communities. Why did the DHS OIG issue these reports?The reports were issued at the request of Congresswoman Zoe Lofgren (D-CA) in April 2011 due to concerns about the implementation of Secure Communities, as well as concerns that DHS misled the public and local officials regarding whether the program was mandatory or voluntary. Read More
DHS Inspector General Issues Disappointing Reports on ICE’s Secure Communities Program
Keeping to its tradition of releasing controversial reports on holidays and Friday afternoons, the DHS Office of Inspector General issued two reports on the controversial Secure Communities program last Friday. These reports had been anticipated for months by immigrant advocates, law enforcement officials, local elected officials, and others who hoped they would address serious concerns about the program and issue a series of recommendations aimed at reforming it. Unfortunately, the reports were disappointing and failed to investigate many aspects of the flawed Secure Communities program. Read More
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