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The 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.
Licensing Barriers Leave Immigrant Doctors Driving Cabs Instead of Practicing Medicine
Instead of putting foreign medical and other advanced degrees to use in the United States, it is common among immigrant doctors and other professionals to work less skilled jobs, such as a taxi driver or waiter, because the complicated licensing process keeps them from applying their training in the U.S. market. According to a recent […]
Read MoreHouse Bi-Partisan Budget Deal Gives Hope to Immigration Activists
One day before Congress left town for the holiday recess, the House of Representatives approved a two-year budget deal by a wide margin. Despite some GOP opposition to the plan, House Speaker John Boehner allowed a vote on the plan, which passed with a majority of Democratic and Republican votes. The budget outline now heads […]
Read MoreHouse 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 MoreBordering on Criminal: The Routine Abuse of Migrants in the Removal System
This two-part series highlights the findings of the Migrant Border Crossing Study—a binational, multi-institution study of 1,110 randomly selected, recently repatriated migrants surveyed in six Mexican cities between 2009 and 2012. The study exposes widespread mistreatment of migrants at the hands of U.S. officials in the removal system.
Part I: Migrant Mistreatment While in U.S. Custody
This report focuses on the mistreatment of unauthorized migrants while in U.S. custody. Overall, we find that the physical and verbal mistreatment of migrants is not a random, sporadic occurrence but, rather, a systematic practice. One indication of this is that 11% of deportees report some form of physical abuse and 23% report verbal mistreatment while in U.S. custody—a finding that is supported by other academic studies and reports from non-governmental organizations. Another highly disturbing finding is that migrants often note they are the targets for nationalistic and racist remarks—something that in no way is integral to U.S. officials’ ability to function in an effective capacity on a day-to-day basis.
Local 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 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 MoreTalking Turkey on Immigration 2013
In an effort to preserve harmony at the Thanksgiving table, we have for the last several years offered up tips on making the case for immigration reform in front of, what is for many, the most hostile audience of all—their families. Even in the most congenial of families, there’s likely to be someone who can […]
Read MoreKeeping CBP In Line With Proposed Reforms
In May 2010, Congress submitted a request to the Department of Homeland Security (DHS) for a review of U.S. Customs and Border Protection’s (CBP) policy on the use of force by border patrol agents. Drawing on recommendations from a hard-hitting report by DHS’s Office of Inspector General, as well as an internal review and an […]
Read MoreWill Filipinos Be Granted Temporary Protected Status in the Wake of Typhoon Haiyan?
In the wake of the devastating Typhoon that hit the Philippines, the Department of Homeland Security should consider providing Temporary Protected Status (TPS) to Filipino nationals in the U.S. TPS is an immigration status for nationals of certain countries. The Secretary of Homeland Security designates a country for TPS due to ongoing armed conflict, an […]
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