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House Judiciary Chairman Says Immigration Bills Are ‘Ready To Go’
House Judiciary Committee Chairman Bob Goodlatte (R-VA) has proven what a difference a few weeks can make for immigration reform. As Congress returns this week to a packed schedule, Goodlatte told WAMU’s Kojo Nnamdi on Tuesday that congressional fights over Syria and the debt limit “should not deter us from getting to [immigration] as soon […]
Read MoreWhy is the Obama Administration Arguing that Undocumented Immigrants Should Not Practice Law?
Today, the California Supreme Court will hear oral argument in a case that asks whether an undocumented immigrant may receive a license to practice law in California. The Committee of Bar Examiners – the entity charged with deciding who qualifies for a law license in California – supports admitting Sergio Garcia to the bar. So […]
Read MoreStepping Up: The Impact of the Newest Immigrant, Asian, and Latino Voters
This analysis of immigration trends and the demographic composition of U.S. House districts shows that numerous congressional districts have emerging electorates who have many reasons to care deeply about immigration reform.
Read MoreLabor Day Celebrations Should Also Pay Tribute to Immigrant Workers
Americans are observing Labor Day, which pays tribute to the many contributions and achievements of American workers. As celebrations are underway, the holiday offers an opportune moment to reflect on the very concept of American workers. In other words, who is an American worker? Where do immigrants—who contribute their talents and labor to the production […]
Read MoreImmigrant Entrepreneurs Help Build U.S. Economy One Company at a Time
Google, Intel, eBay, Yahoo!, Facebook, LinkedIn, SanDisk, Altera, Zoosk, Etsy, Tesla Motors. What characteristic does each of these well-known companies share? They each were either founded by an immigrant or have at least one immigrant founder. Now, a new report from the National Venture Capital Association highlights the profound impacts that immigrant entrepreneurs—like the immigrants […]
Read MoreNewark Police Department Latest to Push Back on ICE Detainer Requests
The Newark Police Department is the most recent local law enforcement agency to announce that it will refuse requests by Immigration and Customs Enforcement to detain people who have been picked up for minor criminal offenses. Newark is the first city in New Jersey to stop honoring detainer requests from ICE, and the announcement follows […]
Read MoreNew Orleans Latest Locality to Shift Costly Immigration Enforcement Burden Back to Feds
New Orleans has stopped honoring detainer requests from Immigration and Customs Enforcement (ICE) officials—the first Southern city to do so—now that the Orleans Parish sheriff’s office will no longer detain people who are suspected of being undocumented immigrants. According to The New York Times, the sheriff’s office will “decline all ICE detention requests except when […]
Read MoreAmerican Immigration Council Commends Decision Expanding Availability of Hardship Waivers to LPRs
The U.S. Court of Appeals for the Seventh Circuit issued a unanimous decision that will allow more lawful permanent residents (LPRs) to avoid deportation if their removal would result in extreme hardship to family members in the United States. The American Immigration Council’s Legal Action Center, which collaborated with the National Immigrant Justice Center (NIJC) […]
Read MoreArizona Governor Jan Brewer Still Cannot Connect the Dots Between Immigration Reform and Border Security
Anti-immigrant politicians suffer from a chronic inability to understand that immigration reform must be truly comprehensive if it is to be effective. That is, all facets of the extremely complex U.S. immigration system must be fixed at the same time if the system as a whole is to function properly—everything from border enforcement to family […]
Read MoreThe Criminal Alien Program (CAP): Immigration Enforcement in Prisons and Jails
The Criminal Alien Program (CAP) is an expansive immigration enforcement program that leads to the initiation of removal proceedings in many cases. While CAP has existed in one form or another for decades, there is still much to be learned about the program, how it is organized, and how it works. What is known is that CAP extends to every area of the country and intersects with most state and local law enforcement agencies.
For years, the CAP program has operated with little public attention and many of its elements have only recently come to light following FOIA litigation against Immigration and Customs Enforcement (ICE). The information obtained through the lawsuit regarding CAP’s current organization and staffing suggests CAP is not a single program, but a loose-knit group of several different programs operating within ICE. Other than a small number of staff responsible for the administration of CAP at ICE headquarters, there is no dedicated CAP staff. Rather, ICE pulls personnel and resources from across the agency to perform CAP-related functions.
The ICE declarations and deposition also explain how CAP functions within prisons and jails. There appears to be little consistency in, and little or no policy governing, how CAP cooperates with state and local law enforcement agencies in different regions and in how CAP interacts with detainees in different facilities. Instead, CAP appears to function as an ad hoc set of activities that operate differently across the country and across penal institutions, raising questions about the adequacy of oversight, training, and accountability of the personnel implementing CAP.
This information confirms that there is still much about CAP that remains unknown or unclear. Given the breadth of CAP, the centrality of its role in immigration enforcement, and its large impact on the immigrant community, it is critical that ICE clarify how CAP operates.
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