Reform
Transforming the Role of Immigration Enforcement through Immigration Reform
For years, the U.S. government has tried and failed to curb undocumented immigration through enforcement-only tactics at the border and interior raids. The number of Border Patrol Agents has increased substantially over the past years—as have budgets and technological investment at the border—yet none of these increases have resulted in a significant decline in the undocumented population. In fact, we have the largest undocumented population in our nation’s history. Simply enforcing the woefully outdated and ineffectual immigration laws currently on the books is not working. Many immigration enforcement experts—including DHS Secretary Janet Napolitano—agree that the only way to solve our immigration enforcement problems is through comprehensive immigration reform. Read More
ICE Transferring Detainees Impedes Their Access to Counsel and Limits Their Right to Present a Defense to Deportation
Two recent reports draw attention to yet another defect in the government’s problem-ridden detention system: ICE’s practice of regularly transferring immigration detainees from one jail to another, often far from where ICE initially arrested them. Transfers have a devastating effect on a person’s ability to retain counsel and maintain an attorney-client relationship; present a defense to deportation; and obtain release from detention. The government should take immediate steps to eliminate these effects and ensure that people who are detained are afforded a fair hearing. Read More
Rep. Lamar Smith’s Fairytale Economics
Writing in Politico on December 3, long-time anti-immigrant activist Rep. Lamar Smith (R-21st/Texas) claims that President Obama, who attended a forum on jobs and economic growth today, could magically create 8 million job openings for unemployed native-born workers if he would just deport the 8 million unauthorized immigrants now working in the United States. But that’s not how the U.S. economy actually works. Immigrant and native-born workers can not simply be exchanged for one another. Read More
New Report Shines Light on the Economics of Illegal Immigration
Today the Migration Policy Institute (MPI) held an event aimed at dispelling some of the most common myths about illegal immigrants and the U.S. economy and making the case that enforcement-only policies are not cost effective. MPI also released The Economics and Policy of Illegal Immigration in the United States, written by Gordon Hanson, a professor of economics at UC-San Diego. Read More
Post Postville, Immigrants Still Vital to Iowa’s Economy
Postville, Iowa—home to one of the largest immigration raids in U.S. history—made headlines again this month when Sholom Rubashkin, owner of Agriprocessors Inc., was convicted of “all but five of the 91 business fraud charges listed in a 163-count indictment.” Although the 72 immigration charges were dropped (since they would have little impact on his final sentence), Rubashkin still faces a total maximum sentence of up to 1,255 years, according to the Des Moines Register. Justice served? Perhaps. But the people of Postville may have a different take on “justice” given the current state of Postville’s crippled economy—an economy that once, like many across the U.S. currently do, depended on immigrants. Read More
Republican Playbook on Immigration Debate Long on Emotions, Short on Facts
Senate Republicans have “thoughtfully’ provided immigration advocates with their strategy for opposing immigration reform in 2010, courtesy of a letter sent to Secretary Napolitano protesting her recent statements that immigration reform is both necessary for DHS to do its job and good for the economy. The letter, signed by twelve Republicans— including Sens. Orrin Hatch of Utah, Charles Grassley of Iowa, and Jeff Sessions of Alabama—was described by Sen. Hatch’s press statement as “taking Napolitano to task” for her remarks. It’s a playbook for the coming year, showing how to make points that are long on emotion and short on facts. Read More
Is Secure Communities Making our Communities Secure?
The Secure Communities Program—the latest partnership between Immigration and Customs Enforcement (ICE) and local jails to identify and deport “criminal aliens” —is over a year old and is growing by leaps and bounds. To date, there has been very little public information available about what Secure Communities is, how it works, and what the results have been. However, a new IPC report, The Secure Communities Program: Unanswered Questions and Continuing Concerns, released today highlights early evidence from Secure Communities—and experience with other ICE programs—that suggests this new program may not be living up to its name and may not be effectively making our communities more safe. Read More
The Right to a Remedy for Ineffective Assistance of Counsel
Immigrants reasonably rely on their lawyers’ advice, and they expect their lawyers to be knowledgeable about immigration law and procedure. They count on their lawyers to be their voice in immigration court when facing removal and help ensure that they have a meaningful opportunity to be heard. In the great majority of cases, lawyers competently represent their clients’ interests. But what happens in those occasional situations where the immigrant is defrauded by an unscrupulous lawyer, or an otherwise competent lawyer makes an inadvertent mistake that results in the person being ordered removed from the United States? Certainly, a person should not be deprived of the opportunity to present a defense in removal proceedings because of his or her lawyer’s conduct. Read More
“They” Are “Us”: The Devastating Effects of Broken Immigration Policy on Children in Immigrant Families
The legacy of our broken immigration system extends far beyond our borders or the job market. The price paid by families caught within the system can be devastating, especially when we fail to pay attention to the importance of integrating newcomers into American life. A New York Times editorial this week follows a study that highlights the importance of integrating new Americans and their children. Read More
New Report Shines Light on Detainee Rights Violations in Minnesota
Over the summer, three graduate students at the University of Minnesota’s Humphrey Institute interviewed immigration attorneys and public defenders to document their experiences working with detained immigrants. The result—a heartbreaking account of detainees locked away, without access to counsel or family, in a system where rights and the most minimal detention standards are routinely violated. Read More
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