Filter
Can We Really Deport Justin Bieber for That?
As lawmakers continue to debate immigration reform, Justin Bieber may have provided us with an excellent opportunity to examine how aggressive and unforgiving our deportation system has become. Police raided Bieber’s Los Angeles mansion following allegations that he egged his neighbor’s house. Police also found drugs in his home. This is the latest in a […]
Read MoreWhy Is There a Disparity in DACA Application Rates Among Different Nationalities?
A year and a half in, nationals from nearly every country have applied for Deferred Action for Childhood Arrivals (DACA), President Obama’s deportation reprieve program for certain undocumented immigrants brought to this country as children. Despite this diverse participation, nationals of some countries are dramatically underrepresented in the applicant pool. Comparing the latest USCIS DACA […]
Read MoreNew Study Highlights Causes of Return Migration to Mexico
Mexicans and Americans Thinking Together (MATT) has presented the results of a new study that highlights some recent, significant shifts in return migration from the United States to Mexico. One of the merits of this study is that it reminds us of the dynamic and bi-directional nature of migratory flows between the two countries. Between 2005 […]
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.
Senate Confirms New DHS Director, Jeh Johnson
The Senate approved Jeh Johnson as the Department of Homeland Security Secretary 78 to 16 on Monday night. President Obama nominated Johnson to head the department in October following former Sec. Janet Napolitano’s resignation. At one point, Sen. John McCain (R-AZ) said he would hold up Johnson’s nomination until he recived more information about border security, according to Politico. McCain told reporters […]
Read MoreImmigrant Victims Left Waiting After U.S. Reaches U Visa Cap
The federal government has already reached its limit on the number of U visas—a special category for crime victims—available for the 2014 fiscal year. After only two months, U.S. Citizenship and Immigration Services (USCIS) officials have already filled the 10,000 visas available this year. Every year since the visa program began in 2008, USCIS has […]
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 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 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 MoreMake a contribution
Make a direct impact on the lives of immigrants.
