Research and Analysis
Re-Living Our Immigrant Past: From Hazleton to Arizona and Back Again
The intent of Arizona’s SB 1070, the “Support Our Law Enforcement and Safe Neighborhoods Act,” is to chase illegal immigrants out of the state. Or, as the new law puts it more formally: “to make attrition through enforcement the public policy of all state and local government agencies in Arizona.” The stern new law quickly made Arizona the target of international news headlines, boycotts, demonstrations, and lawsuits—most recently by the ACLU and a coalition of civil rights groups. While the spotlight has been on Arizona, however, copycat legislation has been brewing in at least 16 other states, supported to one extent or another by two organizations that have made a cause of providing legal and political assistance to lawmakers similarly intent on “attrition through enforcement.” The two groups, which work together, are the Washington, D.C.-based Immigration Reform Law Institute (IRLI), an affiliate of the Federation for American Immigration Reform (FAIR) and the lesser-known State Legislators for Legal Immigration. IRLI lawyer Kris W. Kobach, who was a chief adviser on immigration issues to Attorney General John Ashcroft following the attacks of 9/11, has consulted with lawmakers around the country, helping frame and defend state and local legislation targeting illegal immigrants. (At the Justice Department, Kobach engineered a controversial program that aimed to register visitors from certain Muslim countries). Read More
Real Enforcement with Practical Answers for Immigration Reform (REPAIR) Proposal Summary
On April 29, 2010, Democratic Senators Schumer, Reid, Menendez, Feinstein, and Leahy unveiled a proposed outline for a comprehensive immigration reform bill. The “conceptual framework” offers a broad platform for re-inventing our immigration system and attempts to find a middle ground that may appeal to more conservative Democrats and moderate Republicans. Consequently, details are noticeably lacking in many areas of the proposal. Nonetheless, the underlying concept reflects a more comprehensive approach to immigration reform which attempts to balance traditional enforcement priorities with the creation of legal means for entering and working in the United States. Read More
The Ones They Leave Behind: Deportation of Lawful Permanent Residents Harm U.S. Citizen Children
Many people believe that only illegal immigrants are deported. However, thousands of long-term legal immigrants are deported each year. While some are deported for committing serious crimes, many more are deported for committing minor, nonviolent crimes, and judges have no discretion to allow them to stay in the U.S.—even if they have U.S. citizen children. Read More
The Rise and Fall of the Secure Border Initiative’s High-Tech Solution to Unauthorized Immigration
The Secure Border Initiative (SBI), launched by the Department of Homeland Security (DHS) in 2005, is a cautionary tale of the dangers inherent in seeking a technological quick fix to the problem of unauthorized immigration. SBI calls not only for fencing the U.S.-Mexico border in the literal sense, but constructing a “virtual fence” as well. Since physical fencing can be climbed over, broken through, or dug under, it is complemented in SBI by a system of cameras and sensors—known as “SBInet”—that will, in theory, alert the Border Patrol whenever an unauthorized border crossing occurs. Read More
The Fiscal Bottom Line on Immigration Reform
The Costs of Enforcement-Only and the Benefits of Comprehensive Reform Tax Day is an appropriate time to take stock of a few fiscal bottom lines about immigration enforcement and immigration reform. The federal government spends billions of taxpayer dollars every year on border and interior enforcement measures intended to deter unauthorized immigration. While these efforts have failed to solve the problem of unauthorized immigration, they have had a negative impact on American families, communities, and the economy. Were the United States to adopt a different approach by implementing comprehensive immigration reform, the legalization of currently unauthorized immigrants alone would generate billions of dollars in additional tax revenue as their wages and tax contributions increase over time. Read More
Local Enforcement of Immigration Laws Through the 287(g) Program
Updated 04/02/10 Since 2004, the Immigration and Customs Enforcement Agency (ICE) has greatly expanded its partnerships with local police through the 287(g) program. As of March 2010, more than 1,075 local officers have been trained and certified through the program under the 67 active Memoranda of Agreement (MOAs) in 24 states. However, while the number of MOAs has increased, the numerous problems surrounding them have also become more apparent. Recent reports have found that 287(g) agreements are costing localities millions to implement while ICE provides little oversight and support to the program. Additionally, crime-solving activities are being compromised, the trust between police and community is eroding, and accusations of racial profiling and civil rights violations are on the rise. Furthermore 287 (g) agreements are being used as political tools that interfere with the kind of true community policing that protect and serve our communities. Read More
Made in America: Myths and Facts about Birthright Citizenship
The 14th Amendment to the Constitution is enshrined in U.S. history as the cornerstone of American civil rights, ensuring due process and equal protection under the law to all persons. Read More
The Lasting Impact of Mendez v. Westminster in the Struggle for Desegregation
Years before the U.S. Supreme Court ended racial segregation in U.S. schools with Brown v. Board of Education, a federal circuit court in California ruled that segregation of school children was unconstitutional—except this case involved the segregation of Mexican American school children. The Ninth Circuit Court of Appeals reached this historic decision in the case of Mendez v. Westminster in 1947—seven years before Brown. Historic in its own right, Mendez was critical to the strategic choices and legal analysis used in arguing Brown and in shaping the ideas of a young NAACP attorney, Thurgood Marshall. Moreover, the Mendez case—which originated with LULAC but benefited from the participation of the NAACP—also symbolized the important crossover between different ethnic and racial groups who came together to argue in favor of desegregation. From a legal perspective, Mendez v. Westminster was the first case to hold that school segregation itself is unconstitutional and violates the 14th Amendment. Prior to the Mendez decision, some courts, in cases mainly filed by the NAACP, held that segregated schools attended by African American children violated the 14th Amendment’s Equal Protection Clause because they were inferior in resources and quality, not because they were segregated. Read More
How Expanding E-Verify Would Hurt American Workers and Business
Expanding mandatory E-Verify would threaten the jobs of thousands of U.S. citizens and saddle U.S. businesses with additional costs—all at a time when we need to stimulate our economy. Expanding E-Verify now would be in direct contradiction to the goal of creating jobs and would slow America’s economic recovery. Read More
DHS Progress Report: The Challenge of Reform
The month of March marks the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies. It also marks the end of a sweeping internal review ordered by Secretary Janet Napolitano, a review which as not been made public. In order to assess the first year of immigration policy under the Obama Administration, the Immigration Policy Center releases the following Special Report which compare DHS's actions with the recommendations (Transition Blueprint) made to the Obama Transition Team’s immigration-policy group. How does DHS stack up? The following IPC report finds a department caught between the competing priorities of old broken policy and new reforms. While DHS has failed to meet key expectations in some areas, it has engaged thoughtfully and strategically in others, and has made some fundamental changes in how it conducts its immigration business. Read More
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