Immigration at the Border
Immigrants without Legal Representation Not Benefitting from Prosecutorial Discretion
After ICE Director John Morton issued a memo last June outlining how and when ICE officials should exercise prosecutorial discretion in immigration cases, many were optimistic that the memo’s implementation would relieve backlogs and help the agency focus on higher priority immigration cases. Months later, however, folks are finding that one large group of people has limited access to this review process—immigrants without legal representation. In fact, nearly half of all immigrants in removal proceedings appeared without legal representation in 2011, also known as “pro se.” While immigration attorneys often explain the effect of these prosecutorial discretion policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Read More
Obama Administration Files Suit Against Arizona Sheriff Joe Arpaio
Earlier today, the Department of Justice filed suit against Sheriff Joe Arpaio and the Maricopa County (AZ) Sheriff’s Office alleging a pattern and practice of discriminatory behavior against Latinos. According to the complaint, officers under Arpaio’s command targeted Latino drivers during traffic stops and neighborhood sweeps, and used ethnic slurs against Latino inmates with limited English proficiency in county jails. The suit, which was filed in federal court in Arizona, comes five months after the Department’s Civil Rights Division issued a report based on an extensive investigation that contained similar findings. Read More
Justice Department Says Alabama Immigration Law Disrupts Access to Public Education
While eyes remain fixed on the Alabama legislature’s effort to revise their immigration enforcement law, HB 56, the U.S. Department of Justice informed state officials in a letter last week that the state’s immigration law has resulted in significantly higher absence rates among Latino students. According to the letter, more than 13 percent of Latino schoolchildren in Alabama withdrew from classes between the start of the school year and February 2012. While the Department’s investigation is still ongoing, the letter said Alabama could lose federal funding and face additional litigation if it fails to revoke a provision of HB 56 that requires administrators to determine the immigration status of newly enrolling students. 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
After Justice Department Admits Mistake, Immigrant Advocates Ask Supreme Court to Fix Prior Opinion
Of the many problems with our immigration system, one of the least known—but most frustrating—is that when the government deports immigrants whose appeals are still pending, it offers little to no help returning to the United States if they ultimately prevail in court. Immigrant advocates were thus perplexed when the Justice Department filed a Supreme Court brief in 2008 claiming to have a “policy” of helping such immigrants return to the country. Now, more than three years after the brief was filed, the current administration has conceded that no such policy existed at the time—and immigrant advocates have asked the Court to modify a portion of its ruling that relied on the government’s misstatement. Read More
Rubio Proposal Overlooks Obstacles Ahead For DREAMers
Though it has yet to be introduced in Congress, Senator Marco Rubio’s alternative to the DREAM Act received an appraisal from the Washington Post this week, which noted that it represents an effort to shake the hard-line anti-immigrant sentiment voiced by many leading conservative politicians. The editorial also noted, however, that the outlines of his proposal promote what’s tantamount to “permanent second-class status.” Read More
Changes to Alabama’s Extreme Immigration Law Not Enough, Critics Say
Following numerous protests, lawsuits, damaging economic reports and problems enforcing the law, Alabama Rep. Micky Hammon of Decatur proposed a bill (HB 658) that tweaks key provisions of the state’s immigration enforcement law, HB 56. Last week, the Alabama House approved those changes, some of which scaled back provisions of the law and others which actaully expanded existing provisions. While Rep. Hammon claims the tweak bill “removes confusing language and makes the law easier to enforce,” opponents assert that no amount of tweaking can fix this broken law and that the only solution is a full repeal. HB 658 is now pending in the state Senate which is expected to take up the bill this week. Read More
Border Patrol Agents Abusing Role as Interpreters
Over the past year, advocates in states along the northern border of the United States have reported that Border Patrol agents frequently “assist” local law enforcement officers by serving as Spanish-English interpreters and participating in 911 dispatch activities. Capitalizing on their access to noncitizens, Border Patrol agents are using these opportunities to facilitate immigration enforcement. This collaboration between Border Patrol and local law enforcement agencies, however, violates the letter and the spirit of federal language access requirements under Title VI of the Civil Rights Act of 1964 and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000). Read More
Study Shows Self-Deportation is Irrational Behavior and a False Premise
Proponents of “attrition through enforcement” would have you believe that, given the right conditions, unauthorized immigrants will choose to leave the U.S. and return to their home countries. The Myth of Self Deportation, by Alexandra Filindra, questions the assumptions behind the attrition strategy and concludes that self-deportation is not rational because unauthorized immigrants have invested too much in the U.S. to return home. Read More
SB1070 Author Shares Fears About America Becoming a “Minority, Majority” Nation
On the same day the Supreme Court heard oral arguments in Arizona v. United States the Washington Post published an article featuring Michael Hethmon, general counsel for the Immigration Reform Law Institute. Hethmon is the lesser-known legal mind behind SB1070, and a variety of other anti-immigrant measures. His legal counterpart, Kris Kobach tends to get the spotlight; however Hethmon didn’t shy away from the Washington Post this week and was frank about his views on the real issues underlying SB1070. Read More
Make a contribution
Make a direct impact on the lives of immigrants.
