South Carolina, District 7
New Mexico Governor Uses Anti-Immigrant Driver’s License Proposal as Fundraising Tool
Joan Friedland is a senior advisor at the National Immigration Law Center. For the fifth time in four years, New Mexico Gov. Susana Martinez is trying to get the legislature to repeal the 2003 law granting licenses to all eligible drivers, regardless of their immigration status. There’s… Read More
The Washington Post Exposes Sorry State of Immigration Courts
This week, the Washington Post ran a front page article drawing attention to the fact that our nation’s immigration courts are operating in crisis mode. The immigration courts are so overcrowded that judges are forced to make split-second decisions regarding complex legal issues, calling into question whether the court system is fairly administering justice. The article featured a morning in the life of one immigration judge who had 26 cases to hear before lunchtime. That equates to an average of just seven minutes per case. Given the high stakes involved in deportation cases—which can range from permanent separation from family in the United States to being returned to a country where a person fears for his or her life—a system that is overburdened and under-resourced is simply unacceptable. Read More
Miranda-like Warning for Immigrants Argued in Ninth Circuit
Courts have long recognized that the Constitution requires police officers to inform arrested suspects of their rights—called Miranda warnings in criminal cases—before questioning them about crimes they are accused of committing. The risk is too great that a suspect who is not free to leave and is unaware… Read More
Nativist Group Blames Students for Texas Budget Gap
In a case of creative accounting, the nativist Federation for American Immigration Reform (FAIR) is blaming students for the fiscal woes of Texas. In a new report, FAIR lumps together students who are unauthorized immigrants with U.S.-born students who have unauthorized parents and claims that they are all costing Texas taxpayers astronomical sums in educational expenditures. However, the report (titled The Fiscal Burden of Illegal Immigration on Texans) mistakenly treats the education of these students as nothing more than a “cost” attributable to unauthorized immigration. In reality, the educational expenses targeted by FAIR are an investment in the future U.S. workforce and tax base; an investment that will pay off later as students become taxpaying workers. Read More
New ICE Deportation Statistics Are No Cause for Celebration
There is little to cheer in the new deportation statistics released by U.S. Immigration and Customs Enforcement (ICE). While the numbers document a 10 percent decline in the total number of deportations compared to last year, they also reveal the extent to which immigration enforcement resources are still devoted to apprehending, detaining, and deporting individuals who represent no conceivable threat to public safety or national security. In fact, the overwhelming majority of people deported by ICE either have no prior criminal record or were convicted of misdemeanors. While ICE does indeed capture and remove potentially dangerous individuals, most of its resources remain devoted to the enforcement of a broken and unworkable immigration system. The latest decline in removals notwithstanding, the U.S. deportation machine remains severely out of balance and lacking in either flexibility or meaningful opportunities for due process. Read More
ICE Releases 2013 Deportation Data
U.S. Immigration and Customs Enforcement (ICE) deported 368,644 immigrants during the 2013 fiscal year, according to the agency’s year-end removal numbers. ICE officials report that 235,093 of those removed were apprehend at the border, and 133,551 people were apprehended in the interior of the U.S. Of… Read More
New Legal Analysis Shows State Compliance with ICE Detainers May Violate the Constitution
Chicago, New York, and San Francisco now prevent local jails from honoring immigration detainers—requests from federal immigration officials for state and local jails to hold a person so that Immigration and Customs Enforcement (ICE) agents can investigate the person’s immigration status—unless an arrestee has been charged with or convicted of certain criminal offenses. And California’s Trust Act, which does virtually the same thing, will go into effect early next year. Yet, while these states have limited who can be subject to an immigration detainer, there are legal questions surrounding this selective enforcement that call into question whether detainers are legal at all. Read More
Local Officials Improve Immigration Enforcement Policies as Congress Fails to Act
The county council in King County, Washington, decided this week that local law enforcement officials will stop honoring federal immigration agents’ requests to detain immigrants who are arrested for low-level crimes. They voted 5-4 for the new policy on Monday, and supporters hope the change “will build trust between local police and immigrants who don’t report crimes for fear they or a family member will be deported,” according to the Seattle Times. Read More
The Punishment Should Fit the Crime for Immigrants, Too
The punishment should fit the crime. That maxim is as old as law itself, dating at least as far back as the Old Testament and Hammurabi’s Code. It’s firmly rooted in our Constitution’s Due Process Clause and the Eighth Amendment’s prohibition against excessive fines and cruel and unusual punishment. That principle—referred to as proportionality—appears in both our criminal and civil law. It forbids, for example, the imposition of a life sentence for passing a bad check. It means that the state cannot sentence juveniles for non-homicide crimes to life without parole. And it disallows extreme punitive damages awards. So what does proportionality have to say when the government tries to deport a lawful permanent resident who, a decade ago, shoplifted $200 worth of merchandise from a department store? Right now, astonishingly, nothing: immigration judges do not even consider whether a person’s banishment from the United States is a disproportionate punishment for a crime before ordering the person’s removal. But advocates are working to change this. Read More
Talking Turkey on Immigration 2013
In an effort to preserve harmony at the Thanksgiving table, we have for the last several years offered up tips on making the case for immigration reform in front of, what is for many, the most hostile audience of all—their families. Even in the most congenial of families, there’s likely to be someone who can push your buttons on the immigration issue. But you can, and should, engage them, armed with this year’s advice on talking turkey about immigration reform. Read More
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