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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 MoreTop Five Immigration Stories from 2013
From the beginning, it was clear that 2013 was going to be a big year for immigration. The results of the 2012 Presidential Election were widely interpreted as a rebuke to Mitt Romney’s enforcement-only “self-deportation” policy, and President Obama’s huge victory among minority communities was seen as a mandate for reform. It seemed, at the […]
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 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 MoreClass Action Settlement Removes Obstacles Preventing Asylum Applicants from Working
A recent settlement agreement in a class action lawsuit brought on behalf of thousands of asylum seekers is removing obstacles they faced in obtaining work documents while they pursue their asylum claims. The inability to work for lengthy periods of time has had crippling effects on asylum applicants. Without proper work authorization, they have been […]
Read MoreNew Legal Analysis Shows State Compliance with ICE Detainers May Violate the Constitution
Chicago, New York, and San Francisco now prevent local jails from honoring immigration detainers—requests from federal immigration officials for state and local jails to hold a person so that Immigration and Customs Enforcement (ICE) agents can investigate the person’s immigration status—unless an arrestee has been charged with or convicted of certain criminal offenses. And California’s […]
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.
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 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 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 […]
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