Interior Enforcement
DHS: Prioritizing Enforcement and Exercising Prosecutorial Discretion
Washington D.C. – Today, the American Immigration Council hosted a briefing to discuss the Department of Homeland Security’s (DHS) announcement last week that it would issue agency-wide guidance to make certain that prosecutorial discretion is exercised in a manner that ensures the agency’s enforcement resources are used to remove those… Read More
DHS Terminates Secure Communities Agreements with States, Continues to Implement Program
Late Friday afternoon, the Department of Homeland Security (DHS) provoked outrage from immigration groups when it announced the termination of Secure Communities Memorandum of Agreements (MOAs) with state and local governments. DHS initially entered into MOAs with state officials as a way to encourage voluntary participation in Secure Communities, an enforcement program which runs the fingerprints of individuals booked in local jails through federal databases. Last October, however, following attempts by local jurisdictions to terminate their MOAs, DHS Secretary Janet Napolitano announced that Secure Communities was not a voluntary program after all. DHS’s latest about-face this week has only further angered immigration activists, many of whom are calling on DHS to end the program. Read More
Washington Farmers Fear Economic Impact of National E-Verify Bill
Much like farmers in Georgia who are experiencing labor shortages due to HB 87—the state’s new immigration law which mandates use of E-Verify—growers in Washington state fear that a similar, national E-Verify bill will have a devastating economic impact on the state’s agricultural workforce. This week, the Washington Growers League said that a national E-Verify law would prohibit many of the state’s current farm workers from harvesting crops, which would in turn devastate the industry, slashing production and forcing consumers to buy produce out of state. Rep. Lamar Smith (R-TX) introduced the mandatory E-Verify bill (the Legal Workforce Act or H.R. 2164) back in June. Read More
Report Reveals Basic Misunderstanding of Deportation Process
As readers of this blog know, the Center for Immigration Studies (CIS) often issues studies that make us cringe. Earlier this week, however, the DC-based restrictionist organization issued a report that made us laugh. Pseudonymously written by a retired government employee, the report purports to explain the “basics” of the deportation process. At more than 10,000 words, the report contains too many false analogies, misleading statistics, and non sequiturs to individually refute. But a few of the more outlandish arguments are too good not to pass up. Read More
The Morton Memo and Prosecutorial Discretion: An Overview
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director John Morton issued two significant memoranda on the use of prosecutorial discretion in immigration matters. Prosecutorial discretion refers to the agency’s authority to not enforce immigration laws against certain individuals and groups. The primary memo (the Morton Memo on Prosecutorial Discretion) calls on ICE attorneys and employees to refrain from pursuing noncitizens with close family, educational, military, or other ties in the U.S. and instead spend the agency’s limited resources on persons who pose a serious threat to public safety or national security. Morton’s second memo focuses on exercising discretion in cases involving victims, witnesses to crimes, and plaintiffs in good faith civil rights lawsuits. The memo instructs “[a]bsent special circumstances or aggravating factors, it is against ICE policy to initiate removal proceedings against an individual known to be the immediate victim or witness to a crime.” A closer look at the Morton Memo on Prosecutorial Discretion reveals that it reaffirms many of the principles and policies of previous guidance on this subject. The memo, however, takes a further step in articulating the expectations for and responsibilities of ICE personnel when exercising their discretion. Read More
Boston Mayor Threatens to Withdraw from ICE’s Secure Communities Program
The saga surrounding ICE’s Secure Communities program continues this month as Boston Mayor Thomas Menino threatened to withdrawal Boston from the federal program unless the agency agreed to target serious criminals only. Not surprisingly, Boston is just the latest in a series of cities and states—including New York, Illinois, Colorado, DC, and parts of California—that have threatened to drop the program. Even ICE Director John Morton, who recently made a trip to Boston to smooth things over, couldn’t guarantee local police that Secure Communities would focus solely on “serious offenders.” Read More
Oregon Business Community Latest to Join Fight Against National E-Verify Bill
This week, business and agricultural communities across the U.S. continued the fight against mandatory E-verify, an electronic verification system requiring employers to use a federal database to verify the immigration status of employees. Over the weekend, thousands of protestors marched on Georgia’s state capitol to protest HB 87—a bill which contains mandatory E-Verify—adding their voice to the state’s agricultural community's who fear the program will leave them without enough migrant workers to harvest crops. This week, a group of Oregon businesses joined the campaign against an enforcement-only E-Verify bill (H.R. 2164) introduced by immigration hawk Rep. Lamar Smith’s (R-TX) last month. The group called Rep. Smith’s measure a “recipe for disaster.” Read More
Restrictive Immigration Law Continues to Threaten Georgia’s Farming Industry
Just days after part of Georgia’s immigration law, HB 87, went into effect, farmers in the Peach State are panicking over how they will find enough workers to harvest their crops—some of which are already starting to spoil. Although a federal judge granted a preliminary injunction enjoining two key provisions of HB 87 last month, the provision requiring employers to verify the immigration status of new hires (E-Verify) went into effect July 1. In an industry where 80% of workers are said to be undocumented—and few American citizens, legal workers or even convicted criminals are willing to step in to do the work—Georgia farmers are now speaking up about how future labor shortages will impact the state’s $1.1 billion industry. Read More
The Difference between E-Verify in a Comprehensive Immigration Reform Bill and E-Verify Alone
Last month, Rep. Lamar Smith introduced the “Legal Workforce Act of 2011” (H.R. 2164), a bill which would make the E-Verify system mandatory for all employers within three years. While the Smith bill version of mandatory E-Verify has been criticized for snagging U.S. citizens and legal workers, burdening employers with additional costs and not actually catching unauthorized workers, Sen. Robert Menendez’s recent bill, “The Comprehensive Immigration Reform Act of 2011,” also includes mandatory E-Verify. So why would folks support the Menendez bill when they keep hearing that E-Verify is so bad? Read More
Making E-Verify Mandatory Will Not Magically Solve Our Immigration Woes
Here we go again with the next round of “how we’re going to look tough on immigration without actually accomplishing anything.” This year, mandatory E-Verify is the magic bullet of choice. On Tuesday, House Judiciary Committee Chairman Lamar Smith (R-TX) introduced the “Legal Workforce Act,” which would expand the E-Verify program, making it mandatory for all employers in the United States. A hearing on the bill was held today in the Immigration Policy and Enforcement Subcommittee. Read More
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