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Illinois Legislature Votes to License all Drivers in the State

On Tuesday, the Illinois legislature passed a bill to allow state residents without legal status to obtain a three-year renewable driver’s license. The law will create tens if not hundreds of thousands of newly licensed drivers. The bill, which awaits the Governor’s promised signature, will make Illinois the third state after New Mexico and Washington […]

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The U.S. Has Been Implementing an “Enforcement-First” Immigration Policy for More Than a Decade

Anti-immigrant activists often say that we must first enforce current U.S. immigration laws before even considering any reforms that might grant legal status to unauthorized immigrants already living in the country. However, as the Migration Policy Institute (MPI) documents in a comprehensive new report (and a more condensed Report in Brief), that is what we […]

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A Decade of Rising Immigration Enforcement

With roughly 11 million unauthorized immigrants living in the United States, some question whether the nation’s immigration laws are being seriously enforced. In truth, due to legal and policy changes in recent years, the immigration laws are enforced more strictly now than ever before. The Department of Homeland Security (DHS) has reported record numbers of removals during the Obama administration, especially of noncitizens with criminal convictions. Meanwhile, fewer noncitizens are trying to enter the country illegally, and those caught by the Border Patrol are now regularly charged with federal crimes. Together, these trends reflect a sweeping and punitive transformation in U.S. immigration enforcement.
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“Removals” & “Returns”
When noncitizens who violate the immigration laws are forced to leave the United States, their departure is classified as a “removal” or a “return.” (See the glossary for definitions of these terms.) DHS reported 391,953 “removals” during the 2011 fiscal year, slightly below the record set in 2009. Meanwhile, DHS reported 323,542 “returns” in 2011, the lowest number since 1970 {Figure 1}.
Figure 1: DHS “removals” & “returns” FY 2002-2011

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New ICE Detainer Guidance Too Little, Too Late

On the Friday before Christmas, U.S. Immigration and Customs Enforcement (ICE) released new guidance on immigration “detainers,” the lynchpin of agency enforcement programs involving cooperation with local police. In the new guidance, ICE Director John Morton instructed agency employees to only file detainers against immigrants who represent agency “priorities.” Unfortunately, as with prior agency memos […]

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DHS Publishes New Provisional Waiver to Help Some Families Stay Together

Some families facing long separations from their loved ones because of U.S. immigration laws will have an easier time of it in 2013. Thanks to a new regulation from the Department of Homeland Security (DHS), immediate relatives of U.S. citizens will be able to complete part of the processing of their immigration cases without leaving […]

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Federal Judges Remind Government to Consider Prosecutorial Discretion

Prosecutorial discretion is the authority of a law enforcement agency or officer to decide whether and to what degree to enforce the law in particular cases.  The Deferred Action for Childhood Arrivals (DACA) initiative continues to be a successful example of prosecutorial discretion in the immigration context.  However the Department of Homeland Security (DHS) often […]

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Boston Globe Series Exposes Pitfalls of Immigration Detention

Last week, the Boston Globe ran an important series of articles on a topic that receives far too little attention: the vast network of civil detention centers that last year held more than 400,000 immigrants in the United States. The product of a year-long investigation, the series shines a spotlight on a system in which […]

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Border Patrol Tightens Up Its Policy on Providing Interpretation Services

By Lisa Graybill, Visiting Lecturer in Law at the University of Denver Sturm College of Law. In a welcome if overdue move last Thursday, the Department of Homeland Security (DHS) issued new guidance to Customs and Border Patrol (CBP) personnel, directing them not to respond to requests for translation assistance from other law enforcement organizations. The […]

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Latest DACA Approval Numbers Released by USCIS

The U.S. Citizenship and Immigration Services (USCIS) has released the latest numbers on the Deferred Action for Childhood Arrivals (DACA) initiative. The numbers provided by the agency reflect activity between August 15, 2012 – December 13, 2012. Entering its fifth month, the numbers are encouraging. Of the nearly 1.8 million who are potentially eligible, nearly […]

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Colorado Digs Itself Into a Fiscal Hole in the Name of Immigration Enforcement

At a time when state budget deficits are growing larger, you might think that state governments would avoid imposing costly, unfunded mandates on themselves. Yet that is exactly what states are doing when they pass laws that transform their police officers into proxy immigration agents. As officers spend more of their scarce resources and time […]

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