Interior Enforcement
More Evidence that Hostile Immigration Enforcement Compromises Public Safety
The priorities of immigration enforcement authorities, such as ICE and the Border Patrol, often do not align with those of local law enforcement agents. When local law enforcement officials are charged with enforcing federal immigration laws, unauthorized immigrants tend to lose trust in, cease interacting with, and often do not report crimes to law enforcement officials when they have reason to fear detainment or deportation in any encounter. So concludes a new report by the Center for American Progress entitled, “Life as an Undocumented Immigrant: How Restrictive Local Immigration Policies Affect Daily Life.” Read More
Advocates File Suit Against DHS for Refusal to Disclose Records on Enforcement Program
Washington D.C. – Last week, an alliance of national immigration advocacy organizations filed suit against the Department of Homeland Security (DHS), seeking to compel the release of documents concerning the agency’s Criminal Alien Program (CAP). Seeking greater transparency, the American Immigration Council (AIC) and the Connecticut chapter of the American… Read More
Why the Scott Gardner Act is Unconstitutional…and a Bad Idea
Immigration hardliners never hesitate to claim the mantle of “states’ rights” when defending laws like Arizona SB 1070. But those wanting local cops to double as federal immigration agents were conspicuously silent at a congressional hearing on Wednesday on the Scott Gardner Act, a bill that (among other things) would require police to run extra background checks on foreign nationals arrested for drunk driving. Instead, it was pro-immigrant members of Congress who had to remind the legislative sponsors that the Constitution prohibits the federal government from imposing unfunded mandates on states—all while explaining the many reasons why the bill would make bad policy. Read More
ICE Distorts Facts in Debate over Immigration Detainers
February was an important month in the debate over immigration “detainers,” the controversial tool used to strong-arm local jails into holding immigrants on the federal government’s behalf. In Connecticut, a class-action lawsuit was filed attacking detainers’ many legal vulnerabilities, and the Governor announced that state jails will not honor them in all cases. In Illinois, Cook County received another pointed letter from Immigration and Customs Enforcement (ICE) Director John Morton over a local ordinance enacted last year. While immigration detainers are a subject of legitimate public debate, the controversies demonstrate how ICE has resorted to making disingenuous legal claims in apparent hopes spreading the mistaken belief that immigration detainers must be honored. Read More
Report by Maryland State Panel Details Positive Approach to Immigration
A new report from the Commission to Study the Impact of Immigrants in Maryland concludes that immigrants bring a plethora of economic, social, and cultural contributions to the state of Maryland. The commission, which was created by the Maryland General Assembly, also warns against attempts to deal with unauthorized immigration through enforcement-only policies that needlessly sow fear and distrust in immigrant communities. Rather, the commission admonishes, “Maryland must remain welcoming to immigrants, and the state and its local jurisdictions should further strengthen its efforts to integrate immigrants into the economy and the community.” Read More
Discrediting “Self Deportation” as Immigration Policy
By Michele Waslin The day that Alabama’s draconian anti-immigrant law went into effect in October of 2011, thousands of school children were reported absent from schools across the state, and workers did not show up for their jobs. In recent months, many immigrants living in the state have confined themselves to their homes, fearful of driving their kids to school, getting groceries, or seeking medical attention. The Alabama State Representative behind the law, Mickey Hammon, explicitly stated that this was the law’s intended effect. He said that the law, HB56, “attacks every aspect of an illegal alien’s life” and “is designed to make it difficult for them to live here so they will deport themselves.” Alabama provides a sterling example of the devastating impact of a strategic and systematic plan being promoted by anti-immigrant groups and lawmakers who have jumped on the bandwagon. The plan is called “attrition through enforcement” (sometimes called “self deportation”) and the groups behind it have created a web of federal and state legislative proposals that seek to reduce illegal immigration by making it difficult, if not impossible, for unauthorized immigrants to live in American society. While individual proposals may appear to be relatively benign, they are part of a larger systematic plan that undermines basic human rights, devastates local economies, and places unnecessary burdens on U.S. citizens and lawful immigrants. Read More
Following State of the Union, President Obama Needs to Follow Through on Immigration Reforms
The President’s State of the Union address this week re-iterated some of his key themes on immigration—support for comprehensive reform, dismay that DREAM Act students and foreign students educated in this country have no way to legalize their status, and a belief that he’s done enough to the secure the border. More importantly, he framed these themes in context to America’s economic recovery, innovation and growth. However, while any mention of immigration in the State of the Union is welcome, it’s what the President didn’t say that may have more of an impact on how his administration is remembered this year on immigration—and how his vision is measured by voters in the coming election. Read More
ICE Releases Memo Outlining Justification for Making Secure Communities Mandatory
An October 2010 ICE memo from ICE Deputy Legal Advisor Riah Ramlogan to ICE Assistant Deputy Director Beth Gibson has finally been made public after a protracted legal battle. The nine page memo, obtained through Freedom of Information Act (FOIA) litigation, presents ICE’s legal arguments for making the Secure Communities Program mandatory for all jurisdictions in 2013. This memo overrides and contradicts an earlier ICE memo that argued that S-Comm was not mandatory. Read More
ICE, Local Governments Make Important Changes to Immigration Detainer Policies
Despite the ongoing controversy surrounding ICE’s Secure Communities program, there have been some recent positive developments on the issue of immigration detainers—a tool used by ICE and other DHS officials to identify potentially deportable individuals who are housed in jails or prisons nationwide. Local governments in New York, Illinois, California and now Washington D.C. have taken steps to limit their compliance with ICE detainers. Additionally, ICE has recently issued a new detainer form which provides more clarity to local law enforcement agencies. Read More
Criminal Alien Program (CAP)
Co-Plaintiffs American Immigration Council and AILA’s Connecticut chapter initially sought records related to the Criminal Alien Program (CAP) through a FOIA request to ICE in December 2011. When ICE refused to release responsive records, Plaintiffs filed suit under FOIA to compel their disclosure. Read More
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