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Immigrant Entrepreneurs are Investors in their Communities
Cedric Francois, a medical researcher from Belgium, came to Louisville, Kentucky, after hearing that researchers there were beginning work on the first hand transplant. Later, he co-founded two pharmaceutical companies. Suhas Kulkarni, an immigrant entrepreneur himself who founded Louisville-based IT firm Omnisys, understands the need for integrating and helping immigrant entrepreneurs get their start and […]
Read More2013 Highlights from the Partnership for a New American Economy
After decades of frustration, 2013 was a year filled with success for the immigration reform movement. The year brought passage of a comprehensive immigration bill in the Senate, five separate immigration bills passed out of committee in the House of Representatives, new voices from across the political spectrum added in support of reform, and groundswells […]
Read MoreTop Five Immigration Stories from 2013
From the beginning, it was clear that 2013 was going to be a big year for immigration. The results of the 2012 Presidential Election were widely interpreted as a rebuke to Mitt Romney’s enforcement-only “self-deportation” policy, and President Obama’s huge victory among minority communities was seen as a mandate for reform. It seemed, at the […]
Read MoreNew ICE Deportation Statistics Are No Cause for Celebration
There is little to cheer in the new deportation statistics released by U.S. Immigration and Customs Enforcement (ICE). While the numbers document a 10 percent decline in the total number of deportations compared to last year, they also reveal the extent to which immigration enforcement resources are still devoted to apprehending, detaining, and deporting individuals […]
Read MoreThe Faulty Legal Arguments Behind Immigration Detainers
In late June 2012, the Supreme Court struck down three provisions of Arizona’s SB 1070 and left a fourth vulnerable to future legal challenge. As has been well documented, the Court’s rejection of SB 1070 tipped the balance in favor of federal enforcement and away from state and local enforcement of the immigration laws. But this essay explores a less obvious consequence of the Court’s decision: its implications for the viability of a critical federal enforcement mechanism: the immigration “detainer.”
An immigration detainer is a piece of paper that federal immigration officials send to state and local jails requesting that they continue holding an individual for up to 48 business hours after he or she would otherwise be released, so that agents of U.S. Immigration and Customs Enforcement (ICE) can investigate the person’s status and assume custody if necessary. Also known as immigration “holds,” detainers are the key enforcement mechanism behind federal enforcement initiatives like the Criminal Alien Program and Secure Communities.
There has been considerable confusion as to whether a detainer is a mere request that ICE be notified of a suspected immigration violator’s impending release, or a command by ICE that state or local officials hold a prisoner for ICE beyond the time the prisoner would otherwise be released. Independent of that question, however, the Court’s decision in Arizona v. United States identifies a more fundamental problem: that detainers may violate the Constitution and federal statutes even when honored on a voluntary basis.
House Hearing Misses the Mark on Asylum Claims
The House Judiciary Committee held a hearing Thursday about whether or not abuse of the asylum system is “overwhelming our borders.” What the committee ended up focusing on, however, was the alleged abuse of the credible fear screening process, a preliminary step in the application process for some asylum seekers. Although credible fear is different […]
Read MoreAs Congress Looks to Next Year, Activists Keep Immigration Reform Alive
Congress takes a holiday break at the end of this week and won’t return from recess until January. This pause in the legislative calendar, however, has little meaning for immigration activists who are continuing to push Congress to act on immigration reform. While the timetable may be changing, the commitment to work for reform has […]
Read MoreThe Punishment Should Fit the Crime for Immigrants, Too
The punishment should fit the crime. That maxim is as old as law itself, dating at least as far back as the Old Testament and Hammurabi’s Code. It’s firmly rooted in our Constitution’s Due Process Clause and the Eighth Amendment’s prohibition against excessive fines and cruel and unusual punishment. That principle—referred to as proportionality—appears in […]
Read MoreWill New USCIS Memos Confuse House Judiciary Committee Again?
One of the significant lessons of 2013 is that good immigration policy matters to the American public. It’s unfortunate, then, that the House Judiciary Committee is choosing to end its year focusing not on immigration reform, but on how best to take the President to task for making use of executive authority.
Read MoreReport: ICE Officers Fail to Report Some Sex Abuse Claims
Immigration and Customs Enforcement (ICE) officers failed to report numerous allegations of sexual abuse over the last four years, according to a recent report from the Government Accountability Office (GAO). Between October 2009 to March 2013, ICE headquarters received reports of 215 allegations of sexual abuse and assault, but a GAO audit of 10 of […]
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