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U.S. Must Confront Challenges of Attracting Global Innovation Talent
Across the United States, innovative industries in the science, technology, engineering, and mathematics (STEM) fields have driven economic growth and job creation nationally and in metropolitan areas throughout the country. And the human capital—the people who are leading these innovations—comes not only from homegrown talent but also from a global labor market and talent pool. […]
Read MoreICE Provides Critical Guidance on Limiting and Regulating the Solitary Confinement of Immigrants
Immigration and Customs Enforcement (ICE) issued much-needed guidance Tuesday on the use of solitary confinement in immigration detention facilities. As Immigration Impact reported earlier this year, ICE has been severely criticized for its excessive use of isolation of immigrant detainees. Every day, out of more than 30,000 detainees, roughly 300 immigrants are held in solitary […]
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 MoreImmigrant Business Owners Continue to Contribute to Communities Across America
During the August recess, Members of Congress have been meeting with constituents in their home states and districts. During this time, many have likely dined at an immigrant-owned restaurant or used the services of an immigrant-owned business within their home state. The fact is, immigrant businesses are important in many communities across America. Immigrant entrepreneurs […]
Read MoreFight for Fairness and Justice in its Many Forms Far From Over
Wednesday marks 50 years since more than 250,000 people joined the March on Washington for Jobs and Freedom and pushed the government to extend civil and economic rights to African Americans. A massive rally where the Rev. Martin Luther King Jr. made his historic “I Have a Dream” speech on the steps of the Lincoln […]
Read MoreForging Consensus on Visa Program Critical to Crafting Effective Policy
A proposal being considered in the House revives the debate around the number of visas that would be allocated to less skilled workers, also known as “W” visas. In particular, Representatives Ted Poe of Texas and Raul Labrador of Idaho are working on an immigration bill that could double the number of visas of less […]
Read MoreCourts Continue to Reject Arizona Style Laws, Even as House Embraces SAFE Act
Last year, in Arizona v. United States, the Supreme Court reaffirmed that the federal government, rather than the states, has both the responsibility and the authority to enforce immigration law. Leaving immigration enforcement to the whims of individual state legislatures and law enforcement officers was, according to the Court, likely to undermine the federal framework […]
Read MorePressure Mounts on House To Tackle Immigration Reform
As July comes to a close and August recess begins, prospects for immigration reform in the House of Representatives are looking up. While some saw the pronouncements from House Judiciary Chairman Bob Goodlatte (R-VA) and Speaker John Boehner (R-OH) that the House would not take up the Senate bill as a death knell, it looked […]
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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