South Carolina, District 7
DHS Announces Expansion of Prosecutorial Discretion Guidelines
Today, the Department of Homeland Security (DHS) announced an agency-wide expansion of prosecutorial discretion guidelines that will hopefully allow immigration officials to focus their enforcement efforts on targeting dangerous criminals. DHS also announced the creation of a joint committee with the Department of Justice (DOJ) that will review nearly 300,000 immigration cases currently in removal proceedings to determine whether cases are low priority enough to be closed. The factors for determining low priority cases were outlined last June in a memo issued by Immigration and Customs Enforcement (ICE) Director John Morton. While many immigration groups applaud today’s announcement, many are still concerned about DHS's ability to successfully implement these guidelines. Read More
New Report Shows DHS Way Off Target, Going After Harmless Individuals
BY GREG CHEN, DIRECTOR OF ADVOCACY, AMERICAN IMMIGRATION LAWYERS ASSOCIATION For the last two years, the Department of Homeland Security (DHS) has been spinning a good yarn—that it’s keeping Americans more safe by pursuing those who are truly dangerous. Today, Immigration and Customs Enforcement (ICE) Director John Morton was quoted in the New York Times saying ICE has a “focus on deporting immigrants convicted of serious crimes.” To his credit he issued a series of memos dating back to summer 2010 explaining that immigration officers and prosecutors should prioritize finite enforcement resources on pursuing serious offenders only. But why then does the reality on the ground seem so far from the rhetoric? Read More
ICE Clears Itself of Misconduct in Internal Investigation, Draws Ire from Immigrant Rights Groups
As if immigrant rights groups needed another reason to distrust the Department of Homeland Security (DHS) this week, Immigration and Customs Enforcement (ICE) cleared its agents of any wrongdoing in a recent internal investigation into reports of abuse. Earlier this year, ICE sparked controversy when federal agents allegedly followed immigrant parents to and from a Detroit elementary school as they dropped off their children, trapping the parents inside the school. After residents, advocates and state officials accused ICE of violating their own enforcement policies, ICE officials—including director John Morton—promised to investigate the matter. The results of that investigation, however, have left local community groups outraged and fearful of whether ICE is capable of holding itself accountable in the future. Read More
DHS Terminates Secure Communities Agreements with States, Continues to Implement Program
Late Friday afternoon, the Department of Homeland Security (DHS) provoked outrage from immigration groups when it announced the termination of Secure Communities Memorandum of Agreements (MOAs) with state and local governments. DHS initially entered into MOAs with state officials as a way to encourage voluntary participation in Secure Communities, an enforcement program which runs the fingerprints of individuals booked in local jails through federal databases. Last October, however, following attempts by local jurisdictions to terminate their MOAs, DHS Secretary Janet Napolitano announced that Secure Communities was not a voluntary program after all. DHS’s latest about-face this week has only further angered immigration activists, many of whom are calling on DHS to end the program. Read More
Department of Justice Seeks Injunction Against Alabama’s Anti-Immigrant Law
Yesterday, the Department of Justice (DOJ) filed yet another lawsuit against extreme state-level immigration laws—this time against Alabama’s HB 56. Already the subject of a class action lawsuit filed by the ACLU and other immigrants’ rights groups, Alabama’s HB 56 would require local law enforcement to verify the immigration status of those stopped for traffic violations, public schools to determine the immigration status of students, employers to use E-Verify and makes it a crime to knowingly rent to, transport or harbor undocumented immigrants. In its motion for a preliminary injunction, however, the DOJ argues that Alabama’s law, much like Arizona’s, interferes with the federal enforcement of immigration laws and places undue burdens on local schools and federal agencies. Alabama’s law was signed into law by Governor Robert Bentley in June and slated to take effect September 1. Read More
Lamar Smith’s HALT Act Would Limit Administration’s Ability to Administer Humanitarian Relief
Today, the House Judiciary Subcommittee held a hearing on the “Hinder the Administration’s Legalization Temptation Act” (HALT Act), introduced by House Judiciary Chairman Lamar Smith (R-TX). The bill, which some are calling a political response to recent ICE memos, would suspend the Administration’s ability to exercise certain discretionary forms of immigration protections and relief until January 21, 2013—the day after the first Obama administration comes to an end. Read More
Report Reveals Basic Misunderstanding of Deportation Process
As readers of this blog know, the Center for Immigration Studies (CIS) often issues studies that make us cringe. Earlier this week, however, the DC-based restrictionist organization issued a report that made us laugh. Pseudonymously written by a retired government employee, the report purports to explain the “basics” of the deportation process. At more than 10,000 words, the report contains too many false analogies, misleading statistics, and non sequiturs to individually refute. But a few of the more outlandish arguments are too good not to pass up. Read More
Prosecutorial Discretion and the Legacy of John Lennon
BY LEON WILDES AND SHOBA SIVAPRASA WADHIA Most remember John Lennon as a former Beatle, a brilliant musician, husband to artist Yoko Ono and target for deportation by the Nixon Administration. Less known is the story of how Lennon’s immigration saga enabled the first public discussion on prosecutorial discretion in immigration law. Read More
Boston Mayor Threatens to Withdraw from ICE’s Secure Communities Program
The saga surrounding ICE’s Secure Communities program continues this month as Boston Mayor Thomas Menino threatened to withdrawal Boston from the federal program unless the agency agreed to target serious criminals only. Not surprisingly, Boston is just the latest in a series of cities and states—including New York, Illinois, Colorado, DC, and parts of California—that have threatened to drop the program. Even ICE Director John Morton, who recently made a trip to Boston to smooth things over, couldn’t guarantee local police that Secure Communities would focus solely on “serious offenders.” Read More
House Committee Takes Up Bills That Would Indefinitely Detain Immigrants and Eliminate Diversity Visas
In the absence of a federal immigration overhaul, state lawmakers have attempted—many in vain—to address immigration at the state-level. Equally misguided, however, are recent efforts by immigration restrictionist to move anti-immigrant legislation on the federal level. Today, the House Judiciary Committee marked up and passed through committee a bill (and will take up another tomorrow morning) which promises a safer America yet will likely deliver a more costly and dangerous one. Read More
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