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California Court Rules Undocumented Immigrant Can Be a Licensed Attorney
The California Supreme Court ruled last week that Sergio Garcia, a Mexican undocumented immigrant who has spent more than 17 years living in the U.S., should be licensed to practice law in the state of California. In the unanimous decision, California Chief Justice Tani Cantil-Sakauye wrote it is “extremely unlikely” that Garcia would be deported […]
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 MoreNew Year, New Leadership and New Opportunities at DHS
The Department of Homeland Security enters 2014 with new leadership, following the confirmation this month of Jeh Johnson and Alejandro Mayorkas for Secretary and Deputy Secretary, respectively. Johnson and Mayorkas bring years of government service to their new jobs. Mayorkas’ tenure as Director of USCIS led to a […]
Read MoreSenate Confirms Mayorkas as DHS Deputy Secretary
Following the confirmation of Jeh Johnson as Department of Homeland Security (DHS) secretary on Monday, the Senate approved Alejandro Mayorkas as DHS deputy secretary on Friday by 54 to 41. Mayorkas has served as the director of United States Citizenship and Immigration Services since 2009. During his tenure at USCIS, Mayorkas was responsible for the […]
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.
As 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 MoreFrom the Mouths of Babes: Children Demand Immigration Reform
Families across the U.S. are facing the holidays separated from mothers, fathers, and siblings due to deportations and years-long waits for visas. Children—some of whose parents are undocumented immigrants—have taken to the halls of Congress this week to go to congressional offices, meet with members, and ask them to support immigration reform so that their […]
Read MoreLocal Officials Improve Immigration Enforcement Policies as Congress Fails to Act
The county council in King County, Washington, decided this week that local law enforcement officials will stop honoring federal immigration agents’ requests to detain immigrants who are arrested for low-level crimes. They voted 5-4 for the new policy on Monday, and supporters hope the change “will build trust between local police and immigrants who don’t […]
Read MoreDetention Bed Mandate is Just One Example of How Immigration is Being Criminalized
For more than a century, study after study has confirmed two simple yet powerful truths about the relationship between immigration and crime: immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are not associated with higher rates of either violent or property crime. Unfortunately, […]
Read MoreD.C. Follows 11 Other States Allowing Undocumented Immigrants to Drive Legally
As House leaders delay on passing immigration reform that would help millions of immigrants already in the U.S., Washington, D.C., officials are taking steps to improve the lives of undocumented immigrants who call the city home. Last week the D.C. Council passed a bill, written by Council member Mary Cheh, which allows undocumented residents to […]
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