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Immigrants without Legal Representation Not Benefitting from Prosecutorial Discretion
After ICE Director John Morton issued a memo last June outlining how and when ICE officials should exercise prosecutorial discretion in immigration cases, many were optimistic that the memo’s implementation would relieve backlogs and help the agency focus on higher priority immigration cases. Months later, however, folks are finding that one large group of people […]
Read MoreFalling through the Cracks
How Gaps in ICE’s Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation
While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases, the subject of immigrants without legal representation and their ability to access this discretion remains unresolved. In 2011, nearly half of all immigrants in removal proceedings appeared “pro se,” or without legal representation. While immigration attorneys can explain the effect of these policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Immigrant advocates have thus been rightly concerned about whether pro se immigrants in removal proceedings will benefit from Immigration and Customs Enforcement’s (ICE) prosecutorial discretion policies.
This paper lays out what immigration authorities can do to ensure that pro se immigrants understand what prosecutorial discretion is, how they can seek it, and what they should do after receiving (or not receiving) an offer of it.
House Judiciary Committee Sends Wrong Mother’s Day Message with Amendments to VAWA
The House Judiciary Committee sent the wrong kind of Mother’s Day message to women this week, proposing to roll back protections for victims of violence that have been in place even before the Violence Against Women Act (VAWA) was first passed in 1994. While the proposed amendments were discouraging in their own right, the fact […]
Read MoreSenators Reintroduce the DREAM Act
Washington, D.C. – Today, Senators Richard Durbin, Harry Reid, and Robert Menendez re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act. Last fall, the DREAM Act passed the House of Representatives, and garnered the support of a majority in the Senate, but was ultimately defeated when the Senate failed to invoke cloture and […]
Read MoreObama Administration Files Suit Against Arizona Sheriff Joe Arpaio
Earlier today, the Department of Justice filed suit against Sheriff Joe Arpaio and the Maricopa County (AZ) Sheriff’s Office alleging a pattern and practice of discriminatory behavior against Latinos. According to the complaint, officers under Arpaio’s command targeted Latino drivers during traffic stops and neighborhood sweeps, and used ethnic slurs against Latino inmates with limited […]
Read MoreJustice Department Says Alabama Immigration Law Disrupts Access to Public Education
While eyes remain fixed on the Alabama legislature’s effort to revise their immigration enforcement law, HB 56, the U.S. Department of Justice informed state officials in a letter last week that the state’s immigration law has resulted in significantly higher absence rates among Latino students. According to the letter, more than 13 percent of Latino […]
Read MoreIn Heart of Texas, Sheriff Takes Heat for Honoring Immigration Detainers
A local election in Travis County, Texas, is bringing to light important questions surrounding the controversial Secure Communities program. As recently reported by the Texas Tribune, Democratic primary challenger John Sisson has criticized incumbent Sheriff Greg Hamilton for honoring federal immigration “detainers”—the lynchpin of Secure Communities—because of their harm to immigrant communities. While Hamilton has […]
Read MoreNew Data Sheds Light on the Potential Power of Immigrant Voters
It is difficult to quantify the electoral power of immigrant voters. However, new data from DHS’ Office of Immigration Statistics provides us with one way to gauge the electoral potential of the immigrant population. The numbers tell us how many Legal Permanent Residents (LPRs) arrived in each county of the United States since 1985. Using this data, it is […]
Read MoreAfter Justice Department Admits Mistake, Immigrant Advocates Ask Supreme Court to Fix Prior Opinion
Of the many problems with our immigration system, one of the least known—but most frustrating—is that when the government deports immigrants whose appeals are still pending, it offers little to no help returning to the United States if they ultimately prevail in court. Immigrant advocates were thus perplexed when the Justice Department filed a Supreme […]
Read MoreRubio Proposal Overlooks Obstacles Ahead For DREAMers
Though it has yet to be introduced in Congress, Senator Marco Rubio’s alternative to the DREAM Act received an appraisal from the Washington Post this week, which noted that it represents an effort to shake the hard-line anti-immigrant sentiment voiced by many leading conservative politicians. The editorial also noted, however, that the outlines of his […]
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