South Carolina, District 7

Progress Report: Is DHS Making the Grade?
Yesterday marked the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies: Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). It also corresponds to the due date set by Secretary Janet Napolitano for completion of a sweeping internal review of DHS. While the internal review results have never been made public, an external review reveals that DHS is struggling with the challenges of reform—both administrative and legislative—and finds itself attempting to create more humane ways to enforce broken laws, which is ultimately a losing proposition. Read More

Budgeting Immigration: Secretary Napolitano Talks Dollars and Programming
Department of Homeland Security (DHS) Secretary Janet Napolitano spent the past two days testifying in front of congressional committees addressing concerns over President Obama’s fiscal year (FY) 2011 DHS budget. Mixed in among the complaints over proposed cuts in cyber security and the Coast Guard were a number of budget decisions with immigration implications. Chief among those decisions were a cut in border patrol agents, the status of the troubled SBInet program, and worksite enforcement efforts—including the oft-maligned E-Verify program. Read More

New ICE Numbers Reveal Need for Revised Definition of Criminal
A new report by the Transactional Records Access Clearinghouse (TRAC) released last week reveals that Immigration and Customs Enforcement (ICE) is beginning to detain more criminal immigrants as opposed to non-criminal immigrants, which is in line with ICE Assistant Secretary John Morton’s stated goal. The numbers, however, aren’t so black and white when you examine how ICE defines criminality. ICE currently classifies "criminals" as persons found guilty of minor violations of law such as traffic offenses, disorderly conduct, as well as immigrations violations such as illegal entry. While the report, which covers the first three months of FY 2010, hints that the growing proportion of criminal detainees is the result of revised detention policies under the Obama Administration, the report begs the questions of who we’re locking up, why and at what expense. Read More

The Criminal Alien Program: Big, Old, and Misunderstood
In a report, The Criminal Alien Program: Immigration Enforcement in Travis County, Texas, the American Immigration Council and author Andrea Guttin examine the Criminal Alien Program (CAP)—which may be one of the oldest, biggest, and least understood federal immigration enforcement program. While it is ubiquitous in U.S. prisons and jails, very few are aware that it exists or of how it works. Read More

How Immigrants Can Help America Rise Again
With the U.S. unemployment rate still hovering around 10 percent, it’s only natural for people to worry whether America’s recent economic decline is reversible. In this month’s issue of Atlantic Monthly, correspondent James Fallow takes a step back to address just that—what he calls "the fear of American declinism." In his historical and economic analysis of America’s overall well-being, Fallow finds that while America’s governing system is old, broken and in desperate need of reform, Americans should find comfort in “America’s cycle of crisis and renewal.” We’ve been here before, Fallow says, and if we want to move forward, we need to maintain and nurture the driving economic forces that have lined the road to renewal in the past—a thriving university system, a culture of innovation and a receptiveness to immigrants. Read More

Report Provides Solutions to Broken Asylum Employment Authorization Clock
Asylum applicants and their attorneys have long struggled to better understand how the employment authorization asylum clock (“EAD asylum clock”) functions. The clock, which measures the number of days after an applicant files an asylum application before the applicant is eligible for work authorization, affects potentially more than 50,000 asylum applicants each year. While the law requires asylum applicants to wait 150 days after filing an application to apply for a work permit and in some instances, permits the government to extend this waiting period by "stopping the clock" for certain incidents caused by the applicant, some applicants often wait much longer than the legally permitted timeframe to receive a work permit, which can cause a host of problems. Read More

New ABA Study Documents Serious System-Wide Problems in the Removal Process
For over a year, the American Bar Association’s Commission on Immigration and the law firm of Arnold & Porter LLP engaged in a comprehensive review of the current removal process. The law firm poured over hundreds of articles, reports, legislative materials, and other documents, and interviewed scores of participants in the system, including lawyers, judges, advocacy groups, and academics. This study led them to conclude what many immigrants, their families, and immigration lawyers and advocates already knew and what many others suspected: the removal system is severely flawed and fails to afford fair process to all noncitizens facing deportation from the United States. The study details many of the deficiencies in the current system and makes a strong case for systemic reform. Read More

Shining a Light on ICE Misconduct
The New York Times reported yesterday on a lawsuit filed against federal contractor Signal Construction, which includes allegations that Immigration and Customs Enforcement (ICE) colluded with Signal to illegally deport workers as a scare tactic and for retaliation purposes against 500 Indian guest workers who are currently in a legal battle against Signal. Read More

Napolitano Unveils Enforcement-Heavy Immigration Budget for DHS
The Fiscal Year (FY) 2011 budget request for the Department of Homeland Security (DHS), which Homeland Security Secretary Janet Napolitano unveiled yesterday, exemplifies the enforcement mentality which pervades the federal government’s approach to immigration. The two immigration-enforcement components of DHS—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—consume 30% of the department’s total budget, while the immigration-services component, U.S. Citizenship and Immigration Services, is allotted a mere 5%. However, the budget request does throw a few much-needed crumbs to programs such as Asylum and Refugee Services and Immigrant Integration and Citizenship. Read More

Dear Reps. Smith and Miller, Don’t Confuse Your Talking Points with Facts
Representatives Lamar Smith (R-TX) and Gary Miller (R-CA) would like the public to think that they have the same concerns as most Americans today, releasing a joint statement expressing anxiety over the 15 million Americans currently without work. On its face, their statement—“we must enforce our current immigration laws to ensure illegals do not take away jobs that rightfully belong to American and legal workers”— makes sense. In a vacuum, if our economy provided only a set number of jobs available for American workers, Messrs. Smith and Miller would be correct. However, this is just not the case. Read More
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