Immigration at the Border
U.S. Border-Enforcement Programs Target Immigrants Who Aren’t a Threat to Anyone
Since the Department of Homeland Security (DHS) was created in 2003, its immigration-enforcement agencies—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—have been officially devoted to the protection of U.S. national security and the prevention of terrorist attacks. However, the bulk of the work done by CBP and ICE on a day-to-day basis involves apprehending and deporting non-violent immigrants who have only committed immigration offenses such as unlawful entry or re-entry into the United States. The highly punitive treatment of these immigration offenders serves no national-security purpose and is not an effective deterrent. Read More
Hundreds of Detained Immigrants Held in Solitary Confinement
Every day, out of more than 30,000 detainees, roughly 300 immigrants are held in solitary confinement at the nation’s 50 largest detention centers overseen by Immigration and Customs Enforcement (ICE) officials, according to federal data. Solitary confinement is one of most expensive forms of detention, the New York Times reports, and nearly half of immigrant detainees held in solitary confinement are isolated for 15 days or more – “the point at which psychiatric experts say they are at risk for severe mental harm.” About 10 percent are held for more than 75 days. According to the New York Times, immigrants were regularly placed in isolation for breaking rules but also for protection: Read More
Hearing and Report Highlight Lack of Due Process in Immigration System
This week, Senator Christopher Coons of Delaware presided over a public hearing to discuss what so many of us know: the immigration courts are failing to provide a fair, efficient, and effective system of justice. Many of the concerns raised by Senator Coons, as well as some of the witnesses, during Wednesday’s Senate Judiciary Committee hearing, “Building an Immigration System Worthy of American Values,” are discussed in more detail in a report issued by the American Immigration Council this week, Two Systems of Justice: How the Immigration System Falls Short of the Ideals of Justice. Read More
Why Regional Economies Need Immigration Reform
Comprehensive immigration reform and its array of issues is a hot topic of discussion these days at the national level. Yet while those in Washington continue crafting proposals, states are most impacted by the country’s current outdated immigration system and are making the economic and moral case for reform, as a recent Chicago Council on Global Affairs report highlights. Read More
Budget Cuts Led ICE To Release Immigrants From Detention
Along with every other government agency, on March 1, U.S. Immigration and Customs Enforcement (ICE) officials had to begin making mandatory cuts to their budget as a result of sequestration. ICE’s choice to shift some of its detainees from expensive detention facilities to non-detention alternatives was questioned yesterday by Members of Congress, but more importantly the decision demonstrates that alternatives to detention are a feasible choice—regardless of sequestration. Read More
Groups File Legal Claims Against Border Patrol In Abuse Cases
While the Department of Homeland Security's (DHS) immigration officers have broad authority to detain and ultimately deport noncitizens, they are generally not authorized to detain U.S. citizens and certainly cannot deport them. Yet, that is essentially what happened to a four-year-old U.S. citizen. In March 2011, U.S. Customs and Border Protection (CBP), a component of DHS, detained a young girl when she arrived at Dulles Airport in Virginia, deprived her of any contact with her parents, and then sent her back to Guatemala. Last Friday, her father fought back, filing a lawsuit on his daughter’s behalf to seek redress for the harm she suffered and to shed light on an agency that all too often acts outside the law. Read More
Recognizing Immigrant Women’s Needs in Immigration Reform
While the recent debate over reauthorization of the Violence Against Women Act and the Trafficking Victims Protection Act may have reminded the nation that there are “women’s issues” in immigration law, it doesn’t necessarily follow that most people regard immigration reform as a woman’s issue. Despite the fact that immigrant women make up a growing share of workers, entrepreneurs, single heads of households, and new voters—while remaining primary caregivers in families—the laws we craft to reform our broken immigration system have often been insensitive to the obstacles and challenges immigrant women face in applying for immigration status. Read More
Immigration Policy in the States: A Roundup
As Congress begins to debate how to overhaul the nation’s immigration laws on the federal level, state governors who previously staked out anti-immigrant positions are quieter. And in a change from previous years, few measures that mimic provisions of Arizona’s SB-1070 have been proposed in state legislatures. That’s not to say there isn’t still some anti-immigrant legislation bubbling up in states. In Mississippi, for example, a bill to strengthen enforcement of the mandatory E-Verify was introduced but died in the House, however a measure to prevent undocumented immigrants from purchasing public lands is still pending in the Senate after the House passed it. Read More
Immigrants Deserve Basic Miranda-Like Warnings When Arrested
As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court explained that providing these warnings prior to police questioning ensures that criminal suspects are aware of their rights and therefore are better protected against the intimidation inherent in police interrogations. Read More
Congressional Hearing Illustrates Nativist Manipulation of “Border Security”
The concept of “border security” is inherently ambiguous. After all, we live in a world where no international border can be completely sealed. The risk that a bad guy will come across the border—by land, sea, or air—can never be reduced to zero, no matter how much money or manpower is funneled into border-security operations. As a result, it is easy for political opportunists to use the notion of “border security” as a smoke screen behind which to advance their own agendas. In the context of the debate over immigration reform, the quest for ever-increasing levels of border security is used as an excuse to oppose any meaningful changes to a dysfunctional immigration system which itself undermines security by its failure to operate fairly or efficiently. This is an irony which is apparently lost on those nativist politicians and activists for whom no level of border enforcement will ever be viewed as sufficient to justify immigration reform. Read More
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