South Carolina, District 7
ICE Releases Memo Outlining Justification for Making Secure Communities Mandatory
An October 2010 ICE memo from ICE Deputy Legal Advisor Riah Ramlogan to ICE Assistant Deputy Director Beth Gibson has finally been made public after a protracted legal battle. The nine page memo, obtained through Freedom of Information Act (FOIA) litigation, presents ICE’s legal arguments for making the Secure Communities Program mandatory for all jurisdictions in 2013. This memo overrides and contradicts an earlier ICE memo that argued that S-Comm was not mandatory. Read More
Immigrants, Latinos and Asians Contribute More to Your State Than You Think
Immigration has never been a numbers game. When people think of immigration in America, they likely call to mind fear-fueled myths perpetuated by immigration restrictionists, like “immigrants are stealing American jobs” or “immigrants are a drain on our system.” Sadly, numbers and facts have rarely been part of the discussion, especially as state legislatures continue to take immigration law into their own hands. Today, however, the Immigration Policy Center published 50 state fact sheets updated to show just how much immigrants, Latinos and Asians contribute to our country as consumers, taxpayers, workers, entrepreneurs and voters—facts state legislators would do well to consider before passing legislation that drives immigrants, undocumented and documented, from their state. Read More
ICE, Local Governments Make Important Changes to Immigration Detainer Policies
Despite the ongoing controversy surrounding ICE’s Secure Communities program, there have been some recent positive developments on the issue of immigration detainers—a tool used by ICE and other DHS officials to identify potentially deportable individuals who are housed in jails or prisons nationwide. Local governments in New York, Illinois, California and now Washington D.C. have taken steps to limit their compliance with ICE detainers. Additionally, ICE has recently issued a new detainer form which provides more clarity to local law enforcement agencies. Read More
Washington Post Lists Treating “Immigrants as People” as “In” for 2012
You wouldn’t know it from listening to the ridiculous anti-immigrant rhetoric over the past year, but treating immigrants like actual human beings is a concept some hope catches fire in 2012. The Washington Post recently added “immigrants as people” on “The List: 2012”—their annual zeitgeist-inspired list of ins and outs for the new year. Granted, “peacock feathers” and “Margaret Thatcher” also made the “in” column, but dialing down the immigrant bashing—a message Republican presidential candidates clearly missed during previous debates—is an idea that GOP political strategists are now embracing. Read More
New Report Challenges Notion that Harsh Enforcement Measures Drive Unauthorized Immigrants Out
Last week, a new report released by the Pew Hispanic Center found that nearly two-thirds of all unauthorized adult immigrants currently living in the U.S. (10.2 million) have been here for at least 10 years and nearly half of them (4.7 million) are parents of minor children. The longevity of their U.S. residency and pattern of parenthood suggest that these unauthorized immigrants are integrated into American society, challenging the notion that ramped-up enforcement measures like Arizona’s SB 1070 and Alabama’s HB 56 are effectively driving unauthorized immigrants back to their countries of origin. Read More
House Subcommittee Hearing Underscores Problems with Secure Communities Program
Congressman Steve King (R-IA), Subcommittee on Immigration Policy & Enforcement. Today, the House Immigration Subcommittee held a hearing on the Secure Communities program (S-Comm)—an enforcement program that has been rife with controversy since its inception in 2008. Today’s hearing featured statements from a variety of witnesses and members of Congress which further underscored the problems inherent with the program and immigration enforcement in general. S-Comm is currently active in more than 1,700 jurisdictions and is on target to be nationwide by 2013. Read More
Thousands Rally for Repeal of Alabama’s Extreme Anti-Immigrant Law
Thousands gathered outside the historic 16th Street Baptist Church in Birmingham, Alabama yesterday to demand the repeal of the state’s harsh anti-immigration law, HB 56. Religious, community and civil rights leaders, as well as a special Congressional delegation, urged state legislators to bring an end to Alabama’s immigration law—a law which continues to slow state businesses, separate families and drive immigrants from the state. The Congressional delegation also held an ad hoc hearing at Birmingham City Hall to hear how the controversial law is effecting state residents, especially the Latino and immigrant communities where, according to Rep. Luis Gutierrez, “the feeling of danger and despair is palpable.” One Congressional member, Rep. Al Green of Texas, commented that the law "deserves to be placed on the trash heap of history." Read More
DHS Begins Review of Deportation Cases, Issues Awaited Prosecutorial Discretion Guidelines
Today, the Department of Homeland Security (DHS) directed ICE attorneys to begin a review process of current immigration cases pending before immigration courts in order to close or dismiss those cases warranting prosecutorial discretion. The attorneys also received additional guidance on how to apply discretion in certain low priority cases. At the same time, DHS announced new training modules for all ICE field agents on prosecutorial discretion. The package of initiatives are a follow up to ICE Director John Morton’s June 17th memo which describes how, when, and why ICE officials should exercise prosecutorial discretion in immigration cases. Read More
Policing the Enforcers: Criminalizing Alabama Employees Encourages Discrimination
Alabama lawmakers want undocumented immigrants to be so afraid of the consequences of the state’s new anti-immigrant law (HB 56) that they leave the state. However, that’s not the only fear factor built into the law. Under section 6(f), state and local government employees must report violations of HB 56—which includes unlawfully present immigrants even attempting to complete a business transaction with the government—or face criminal penalties. In order to avoid criminal prosecution, government employees are likely to be suspicious of foreign-looking or sounding people. But the new law does not include details or require specialized training for state employees, making discrimination, mistakes and civil rights violations all the more likely. Read More
Prosecutorial Discretion Survey Demonstrates Need for More Training, Consistency Across ICE Field Offices
It’s been almost six months since ICE Director John Morton issued new guidelines on prosecutorial discretion to help ICE agents, attorneys and other officials distinguish between high priority cases (national security threats and serious criminals) and low priority cases (DREAM Act students). A recent survey released by the American Immigration Lawyers Association (AILA) and the American Immigration Council takes a look at how well those guidelines are translating into actual practice at ICE offices around the country. While the results show that prosecutorial discretion was applied in some cases, the majority of cases show that ICE field offices are confused and hesitant to make decisions, demonstrating the need for more guidance and training from DHS headquarters. Read More
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