South Carolina, District 7
Non-Citizens Eager to Serve in U.S. Military Blocked by Government Bureaucracy
BY MARGARET D. STOCK, COUNSEL TO THE FIRM, LANE POWELL PC This Veterans Day, we celebrate those who have proudly served in the U.S. military, including immigrants. Immigrants have long served in all branches of the U.S. military as infantry soldiers, medics, foreign-language translators, and in every other job open to them. At last count, foreign-born service members made up about 8% of the 1.4 million military personnel on active duty. However, some highly qualified non-citizens have been blocked from serving due to the Obama Administration’s suspension of a recruiting program called the Military Accessions Vital to the National Interest (MAVNI). Frustrated by the government bureaucracy responsible for halting MAVNI, those non-citizen volunteers are petitioning the government in hopes of reopening the program. Read More
New Data Highlights Devastating Impact of Secure Communities on Immigrant and Latino Communities
New data on the Immigration and Customs Enforcement’s (ICE) controversial Secure Communities reveals the program’s devastating impact on immigrants, Latinos and U.S. citizens. Released by the Warren Institute at Berkeley Law School, the report, “Secure Communities by the Numbers,” examines the profile of individuals who have been apprehended through the program and funneled through the system. The results are startling. Many communities, in fact, are questioning their level of cooperation with the government on certain aspects of this flawed enforcement program. Read More
ACLU Brings Cases of Immigration Detention Abuse to Light
Reports of abuse from immigration detention facilities are nothing new. In fact, due to private contractors’ lax attitude and lack of federal oversight, many experts are finding that cases of abuse are vastly underreported. Last week, the ACLU reported on 185 allegations of sexual abuse of undocumented female detainees held in federal detention facilities. While undocumented immigrants have consistently been denied the same protections afforded to U.S. citizens, the recent allegations of sexual abuse—which are starkly out of place in a civil society—need to be addressed, regardless of an individual’s immigration status. Read More
Redefining Criminality: Untangling DHS’s Record High Deportation Numbers
It was another record breaking year for deportations, with DHS logging 396,906 removals during Fiscal Year 2011. While the raw number is not in doubt, its meaning is far from clear. According to DHS, 55% of those removed (approximately 218,000) were “criminal aliens,” but the definition of “criminal” is overly broad. While DHS may tout this numbers as proof that it’s rooting out serious criminals only, it’s important to note that many of these “criminal” aliens have only minor convictions such as traffic offenses or entering the U.S. without a visa. Read More
House Hearing, New Report Add to Hysterical Narrative on Border Security
It was clear from the outset that Friday’s Congressional hearing on U.S.-Mexico border security was going to be light on data and heavy on bluster. The tabloid-style title of the hearing said it all: “A Call to Action: Narco-Terrorism’s Threat to the Southern U.S. Border.” Not surprisingly, it proved to be a largely fact-free performance. The stars of the show, which was staged by the House Homeland Security Subcommittee on Oversight, Investigations, and Management, were two retired generals: Barry McCaffrey, a former Director of the White House Office of National Drug Control Policy, and Robert Scales, a former Commandant of the United States Army War College. Read More
Task Force Submits Recommendations on DHS’s Flawed Secure Communities Program
Anyone following the saga surrounding Secure Communities—DHS’s flawed enforcement program that runs fingerprints through federal databases—can tell you that the program has been rife with controversy since its inception in 2008. As DHS began to stray from the program’s original focus on criminal aliens—state and city leaders, police chiefs, immigration advocates, and congressional members blasted the agency for casting too broad a net and for its dubious implementation process. After tensions reached a boiling point in June, ICE Director John Morton created a 20-member task force to address growing concerns. This week, that task force submitted its final recommendations in a report to the Homeland Security Advisory Council (HSAC)—recommendations that some former task force members say don’t go far enough. Read More
Illinois County “Just Says No” to Costly Immigration Detainers
As public debate over Immigration and Customs Enforcement’s (ICE) controversial enforcement policies continues, a county in Illinois recently voted against using one tool in ICE’s enforcement arsenal—immigration detainers. Detainers are requests (not commands) from ICE to local law enforcement agencies that ask local agencies to notify ICE prior to releasing an individual from custody. ICE issues detainers—which allow local agencies to retain individuals for 48 hours after scheduled release—so that they can determine whether individuals are subject to deportation and take them into federal custody. Last week, however, the Cook County Board of Commissioners voted 10-5 against honoring the voluntary immigration detainers, citing the prohibitive cost of detaining individuals. Read More
Ten Years After 9/11, Is the U.S. Deporting Those Who Threaten to Do Us Harm?
This past weekend, the U.S. commemorated the ten-year anniversary of the 9/11 terrorist attacks. Life and travel in the U.S. has changed in some significant ways over the past decade, and many observers have noted that immigration policy, in particular, has been deeply affected. The fact that the terrorists were foreign nationals that arrived legally in the U.S. on visas prompted action, including the creation of the Department of Homeland Security, stepped up enforcement along the border, additional scrutiny for visa applicants, and increased partnerships with state and local law enforcement agencies. But ten years later, is the U.S. actually deporting those who threaten to do us harm? Read More
Runaway Costs for Immigration Detention Do Not Add Up to Sensible Policies
BY JOSH BREISBLATT, IMMIGRATION POLICY FELLOW AT THE NATIONAL IMMIGRATION FORUM At a time when we should be looking for ways to curb costs, some in Congress are actually attempting to spend more by expanding immigration enforcement programs. In May, Chairman of the Judiciary Committee Lamar Smith (R-TX) introduced H.R. 1932 titled, "Keep Our Communities Safe Act of 2011," an act which would allow the Department of Homeland Security (DHS) to keep individuals in detention without a bond hearing before an immigration judge while they wait for a final resolution of their case. It would also authorize indefinite detention of those who have been ordered removed but cannot be deported. Aside from being bad immigration policy, Smith’s legislation would also increase an already bloated immigration detention budget. A new paper recently released by the National Immigration Forum examines just how much our immigration detention system currently costs taxpayers. The findings should raise some eyebrows. Read More
Immigration Lawyers Clarify What DHS’s Announcement on Prosecutorial Discretion IS and IS NOT
There has been much confusion in the wake of DHS’s recent announcement about how immigration agencies will use prosecutorial discretion in determining low and high priority immigration cases. What is considered a low priority case? Who is eligible for employment authorization? How should those with pending removal cases proceed? In an effort to protect immigrants who might be taken advantage of by immigration consultants (or notarios) and to clarify the information currently available, the American Immigration Lawyers Association (AILA) recently issued a consumer advisory outlining what DHS’s announcement is and is not. Read More
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