South Carolina, District 7
Kafka Revisited: Ninth Circuit Decision Protects Due Process Rights for Noncitizens
The basic tenet that you can’t be sued without knowing the charges against you and having a meaningful opportunity to defend yourself is a cornerstone of the U.S. judicial system. This concept of fundamental fairness ensures that people in courtrooms across the country have access to a discovery process that enables them to see the other side’s evidence. Plaintiffs and prosecutors are routinely required to produce documents that will be used to prove their cases so that defendants have a chance to respond. For too long, however, these kinds of procedures and protections have been denied to noncitizens in immigration court. Read More
How Much Conservative Muscle Will It Take To Lift the DREAM Act?
While some would have you believe that immigration reform is a liberal issue championed only by Democrats, past debates and prior attempts to pass immigration reform have shown us that Republicans and conservatives are champions as well. Granted some of the most stalwart Republican supporters have recently turned their back on reasonable debate (think John McCain’s “build the dang fence” and Lindsey Graham’s summer flirtation with repealing birthright citizenship), yet immigration reform still enjoys the support of important conservative leaders—leaders like Senator Richard Lugar of Indiana and the Diaz-Balart brothers of Florida. Congress can’t pass the DREAM Act without Republican support, but how much conservative muscle will it take to finally make this bipartisan legislation a reality? Read More
Is the Latino Vote Up for Grabs? Midterm Polling and the Future of the Latino Vote
Last night, GOP candidates won a number of key Senate, House and gubernatorial races as well as a majority in the House of Representatives. The night, however, wasn’t a total wash for the Democratic Party who managed to hold onto a majority in the Senate. Headlining the Senate races, Nevada Senator Harry Reid held onto his seat against Tea Party flag bearer Sharron Angle, whose seemingly endless stream of anti-immigrant campaign attack ads went from bad to worse. In a state where roughly 1 in 4 residents is Latino, many are chalking up Sen. Reid’s victory to the power of the Latino vote. Early polling seems to indicate that the Latino vote helped secure several key races for Democrats out west (in CA, CO, NV), but not across the board necessarily. Although trending Democratic, the Latino vote was not enough to win gubernatorial races in New Mexico or Nevada. So what gives? What does it take to successfully court the Latino vote? Read More
Office of Inspector General (OIG) Finds 287(g) Program Still Riddled with Flaws
DHS’s Office of Inspector General (OIG) recently released an updated report on the Performance of 287(g) Agreements which provides the same dreary account of the program as the first one. The April 2010 OIG report found that ICE and its local law enforcement partners have not complied with the terms of their 287(g) Memoranda of Agreement (MOAs), that the standards by which deputized officers are evaluated are not in line with the stated objectives of the 287(g) program, that the program is poorly supervised by ICE, and that additional oversight is necessary. It included 33 recommendations to improve the program, 28 of which, the new report finds, still remain open. Read More
GOP Leaders Huff and Puff in Yet Another Letter to Napolitano about ICE Enforcement Priorities
Despite a record number of removals in fiscal year 2010, GOP Senators Sessions, Cornyn, Kyl, Grassley, Hatch, Coburn and Graham fired off yet another letter to Department of Homeland Security (DHS) Secretary Janet Napolitano yesterday, accusing the administration of a “lax approach” to immigration enforcement and “selectively enforcing” immigration laws. The letter, which cites a Houston Chronicle article quoting nearly 400 dismissed removal cases in Houston immigration courts in recent months, follows new Immigration and Customs Enforcement (ICE) priorities of pursuing serious criminals and a countrywide systematic review of certain immigration court cases. The conservative Senators complaint, however, is not new. In fact, it’s just the latest in a string of letters accusing the administration of everything from “de facto amnesty” to giving detainees an “overly-comfortable place to reside.” The senators, it seems, are out for more than a fair, functioning and prioritized immigration enforcement system. Read More
Immigration and the Environment: Why the “Over-Population” Argument Doesn’t Hold Water
A new report from the Center for American Progress (CAP) thoroughly debunks the simplistic claims of nativist groups that immigration to the United States fuels the destruction of the U.S. environment by contributing to “over-population” of the country. The report, entitled From a “Green Farce” to a Green Future: Refuting False Claims About Immigrants and the Environment, points out that the “over-population” argument of the nativists is based on the false premise that more people automatically produce more pollution. However, the truth of the matter is that “more people do not necessarily equal more stress on the planet, and stopping the flow of immigrants to this country will not solve our environmental challenges.” In fact, the report finds that “immigrants actually live greener than most Americans and they can play a critical role in solving our environmental challenges.” Read More
From Bad to Worse: Immigrant Smearing in a Time of Midterm Cholera
Well it’s finally here—open season on immigrants. You don’t even have to stare into the headlights of campaign politics to observe how blithely some candidates have taken aim at their opponents and managed to catch immigrants in their crosshairs. Two recent campaign ads portray undocumented immigrants as darkly-clothed thieves—like in one of those overly-dramatized alarm system commercials where just when you turn your back, Hispanic immigrants apparently come sneaking across the border, receive over-sized checks, and steal your children’s college tuition. Right. Read More
Counties Say No to ICE’s Secure Communities Program, But is Opting Out Possible?
Earlier this week, the Santa Clara (CA) Board of Supervisors and the Arlington County (VA) Board both voted unanimously to opt-out of the Secure Communities program—an ICE program that shares the fingerprints of individuals booked into jails with immigration databases. However, Today’s Washington Post claims that opting out of Secure Communities “is not a realistic possibility, and never was.” The Secure Communities program, launched in 2008, is currently active in 658 jurisdictions in 32 states, according to ICE, who plans to activate the program in every jurisdiction in every state by 2013. It remains unclear, however, whether the program is voluntary. Read More
Titans of Industry Bloomberg and Murdoch Remind Congress How to Do Their Jobs in Immigration Hearing
Today, the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Membership held a hearing on the "Role of Immigration in Strengthening America's Economy" featuring New York City Mayor Michael Bloomberg and Fox owner Rupert Murdoch (an immigrant himself). The two media moguls formed a new coalition earlier this year to press for immigration reform. They asked lawmakers to make it easier for skilled immigrants to get visas to work in the U.S. to keep the U.S. competitive and decried deporting the estimated 12 million illegal immigrants in the United States, calling it “impossible.” Read More
Senators Menendez and Leahy Introduce the Comprehensive Immigration Reform Act of 2010
Last night, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced The Comprehensive Immigration Reform Act of 2010 (SB 3932), a bill which takes a broad approach to fixing the wide range of problems plaguing our outdated immigration system. Earlier this month, Sen. Menendez threw his support behind the DREAM Act (which failed in a cloture vote 54-46) and vowed to introduce his own immigration bill in the Senate. While immigration advocates are calling the Menendez-Leahy bill a “step in the right direction,” many remain skeptical whether Congress can muster the political courage to pick up the bill and tackle immigration once and for all. The Menendez-Leahy bill is preceded by a House immigration bill, CIR ASAP (HR 4321), introduced by Rep. Solomon Ortiz (D-TX) and Rep. Luis Gutierrez (D-IL) last year. Read More
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