Interior Enforcement
New Orleans Latest Locality to Shift Costly Immigration Enforcement Burden Back to Feds
New Orleans has stopped honoring detainer requests from Immigration and Customs Enforcement (ICE) officials—the first Southern city to do so—now that the Orleans Parish sheriff’s office will no longer detain people who are suspected of being undocumented immigrants. According to The New York Times, the sheriff’s office will “decline all ICE detention requests except when a person is being held on certain specific serious charges.” For individuals with those charges, the sheriff will defer to the recommendation of the criminal court. The parish sheriff will no longer investigate an individual’s immigration status. ICE may not conduct investigations into civil violations of immigration law in the jail. If ICE wants to conduct a criminal investigation in the jail, ICE must provide reasonable notice and opportunity for the individual’s attorney to be present at any interview. Read More
TRUST Act Makes Progress in California
Just before the Fourth of July, the California Senate Public Safety Committee approved the TRUST Act by a vote of 4-2.. The state Assembly previously passed the measure in May, so now the bill heads to the Senate floor. It is the third version of the California TRUST Act considered by the state legislature, which “would limit who state and local police can hold for deportation.” Gov. Jerry Brown (D) vetoed a previous version of the bill last fall. Read More
Spotlight Moves to House After Senate Approves Immigration Bill
Now that the Senate has passed a sweeping measure to improve U.S. immigration policies, the attention turns to the House of Representatives, where it is unclear exactly when or how they will take up an immigration bill. The Associated Press reported that President Obama called House Speaker John Boehner (R-OH) and House Minority Leader Nancy Pelosi (D-CA) after the Senate vote to urge them to have the House act on an immigration bill. Earlier this week, Boehner said the House would not take up S. 744 and would do its own bill instead. If the House passed a separate immigration measure, then a conference committee with members from both chambers would meet to reconcile the differences. Read More
States Work To Improve Immigration Policies As Senate Immigration Bill Debate Begins
State legislatures are mostly winding down their 2013 legislative sessions after several states made huge strides on immigration reform. While Congress continues to debate how to overhaul the nation’s immigration system, several states have moved to make qualified undocumented immigrants eligible for in-state tuition rates and to allow undocumented immigrants to drive legally. These and other reforms at the state and local level are helpful changes to complement the national debate. Read More
Subtle but Dramatic Progress on Immigration Reform
Yesterday was day 3 of the Senate Judiciary Committee’s mark-up on S. 744, the Gang of Eight’s immigration bill. While it wasn’t as exciting as the first two days—no dramatic speeches or vocal disagreement—several important votes were taken to modify the mandatory E-verify program, adding and subtracting protections, safeguards, and reporting requirements. This lack of drama was a good thing, however, because there was far less posturing and far more legislating going on. Read More
Senate Committee Debates W Visas and E-Verify on Day Three of Immigration Bill Mark-up
For the third day of the Senate Judiciary Committee’s mark-up of the “Border Security, Economic Opportunity, and Immigration Modernization Act,” committee members continued to work through Title Four (specifically regarding the W visa program) and began debating Title Three (about interior enforcement). The senators considered 21 amendments and passed 11 of them with mostly bipartisan support. Four amendments were withdrawn. The adopted changes included Sen. Chuck Grassley’s (R-IA) amendment to protect children’s social security numbers from identity theft and Sen. Sheldon Whitehouse’s (D-RI) proposal to help immigrant entrepreneurs. And they approved multiple changes to the E-Verify language in the Senate immigration bill to both strengthen the program and help small businesses comply with the new regulations. 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
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
Putting the White House Immigration Reform Proposal into Perspective
Over the weekend, the press reported on a leaked draft of portions of the White House’s immigration proposal, and the coverage since then has been largely a frenzied discussion of whether the leak will kill Senate negotiations. There shouldn’t be much chance of that, given the immense pressure on the Senate to not only come up with a proposal, but actually draft legislation that can be debated and voted on this year. Now that at least some of the Administration’s ideas are out in the public eye, it’s useful to treat them as what they are: basic discussion points on what might be in an eventual bill. In the long run, the draft proposal may help to encourage the constructive conversation that the Administration has sought to have on reform. Read More
President Lays Out His Vision For Immigration Reform
After eight Republican and Democratic senators yesterday released their framework for comprehensive immigration reform, President Obama laid out his administration’s vision today of what he thinks should be included in the bill to overhaul the nation’s immigration system. He praised the bipartisan principles, which mirror the White House’s 2011 blueprint for immigration reform. “At this moment, it looks like there’s a genuine desire to get this done soon,” he said in his speech from Nevada. “And that’s very encouraging.” Read More
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