State and Local
In Arizona Case, Supreme Court Affirms Legality of Prosecutorial Discretion
The Supreme Court dealt a blow to the restrictionist movement on Monday by striking down three provisions of Arizona SB 1070 and leaving a fourth vulnerable to future challenge. But in a lesser noticed development, the Court also undercut the arguments of critics who contend the President violated the Constitution by recently directing his administration not to deport otherwise removable immigrants who were brought to the country as children. As the majority opinion confirmed—and not even Justice Scalia denied—the President’s authority to set enforcement priorities is a valid and important aspect of the immigration system. Read More
DHS Rescinds Part of Controversial 287(g) Program in Arizona
The Obama administration suspended part of its controversial 287(g) program in Arizona this week following the Supreme Court’s ruling in Arizona v. United States. DHS announced that it was ending its “287(g) task force agreements” in Arizona —agreements which deputize certain local police to enforce immigration laws. Other state immigration programs, however, like Secure Communities and the 287(g) jail agreements (which allow deputized arresting officers to enforce immigration laws in jails), will remain in effect. Read More
Does the Supreme Court Think Most Immigrants are Criminals?
Even as the Supreme Court struck down three provisions of Arizona’s anti-immigrant law (SB 1070), the Justices appeared to embrace a major falsehood of nativist ideology: that immigrants are more likely to be criminals than the native-born. On page six of the majority opinion, the Court maintains that unauthorized immigrants are “reported to be responsible for a disproportionate share of serious crime” in Arizona’s Maricopa County. The source cited for this bold statement is a 2009 report from the Center for Immigration Studies (CIS)—a deeply flawed report which attempts to overturn a century’s worth of research demonstrating that immigrants are less likely than the native-born to commit violent crimes or end up behind bars. Read More
Supreme Court Issues Mixed Decision on Arizona SB 1070
The Supreme Court issued a mixed ruling on Monday in the Obama administration’s challenge to Arizona SB 1070. By a 5-3 margin, the Justices upheld the injunction against provisions of the law that authorize police to arrest immigrants suspected of committing removable offenses (Section 6), and that impose penalties under state law for immigrants who fail to carry “registration” papers (Section 3) or attempt to work without federal authorization (Section 5). Although the Court allowed the implementation of the provision of SB 1070 requiring police to determine the immigration status of people in custody “reasonable suspicion” exists that they are in the country unlawfully (Section 2(B)), it left open the door to future legal challenges. Read More
After 30 Years, Plyler v. Doe Decision Survives but Remains Under Attack
Thirty years ago today, the Supreme Court issued its landmark decision in Plyler v. Doe, holding that states cannot deny a free public education to students for lack of valid immigration status. The decision has since opened the schoolhouse doors to untold numbers of children who might otherwise be deprived of a basic education. Yet today, the decision remains under continued attack from critics who—as part of an ongoing effort to put the issue back before the Justices—appear willing to sacrifice the welfare of U.S. citizens. Read More
After 30 Years, Plyler v. Doe Decision Survives but Remains Under Attack
Thirty years ago today, the Supreme Court issued its landmark decision in Plyler v. Doe, holding that states cannot deny a free public education to students for lack of valid immigration status. The decision has since opened the schoolhouse doors to untold numbers of children who might otherwise be deprived of a basic education. Yet today, the decision remains under continued attack from critics who—as part of an ongoing effort to put the issue back before the Justices—appear willing to sacrifice the welfare of U.S. citizens. 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
Bad for Business: How Anti-Immigration Legislation Drains Budgets and Damages States’ Economies
This session, state legislatures are once again considering harsh immigration-control laws. These laws are intended to make everyday life so difficult for unauthorized immigrants that they will choose to “self-deport” and return to their home countries. Proponents of these laws claim that the departure of unauthorized immigrants will save states millions of dollars and create jobs for U.S citizens. However, experience from states that have passed similar anti-immigration measures shows that the opposite can occur: the impact of the laws can hinder prospects for economic growth, and the costs of implementing, defending, and enforcing these laws can force taxpayers to pay millions of dollars. 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
Alabama Governor Signs Bill That Makes State’s Immigration Law Even Worse
Last week, Alabama Governor Robert Bentley publically criticized a bill intended to revise key sections of the state’s controversial immigration law (HB 56). He even announced a special legislative session to address his issues with the bill—namely, a provision that requires school officials to check the immigration status of enrolling students and that of their parents and a provision that requires Alabama’s Department of Homeland Security to publically post the names of undocumented immigrants on their website. The day after his announcement, however, Governor Bentley backpedaled his criticisms, declared the legislature didn’t have the “appetite to address further revisions,” and signed the bill (HB 658) into law. Read More
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