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16 Representatives Stuck in Reverse on Immigration
Despite the failure of the House to act on immigration reform last year, there was no doubt that the majority of Americans—and even the majority of Members of Congress—understood that immigration reform was an important component in creating economic opportunity for all. Last Friday, House Majority Leader Eric Cantor reiterated that support during an exchange […]
Read MoreHow the 2014 Midterm Elections Could be Impacted by Immigration
By Tom K. Wong, Ph.D., Assistant Professor of Political Science at the University of California, San Diego. Despite hopes that 2013 would be the year of comprehensive immigration reform, legislation stalled in the House and the year ended without a bill. Since the House reconvened Tuesday, 427 days have passed since the November 2012 elections […]
Read MoreTargeting Immigrant Taxpayers as a Matter of Course
Unfortunately, there is a new fallback position for some members of Congress when it comes to finding ways to save money. That position is eliminating the Additional Child Tax Credit for immigrant taxpayers. This has been proposed in the past by other members of Congress; however, the latest iteration is in the form of an […]
Read MoreImmigrant Entrepreneurs are Investors in their Communities
Cedric Francois, a medical researcher from Belgium, came to Louisville, Kentucky, after hearing that researchers there were beginning work on the first hand transplant. Later, he co-founded two pharmaceutical companies. Suhas Kulkarni, an immigrant entrepreneur himself who founded Louisville-based IT firm Omnisys, understands the need for integrating and helping immigrant entrepreneurs get their start and […]
Read MoreState Lawmakers Push for Reforms to Make College Affordable for Young Immigrants
The movement for in-state tuition for undocumented immigrants got off to a quick start in 2014 when Virginia state Del. Alfonso H. Lopez (D) introduced the Virginia Tuition Equality Act. This is the third time Lopez has attempted to pass the bill, which would permit undocumented residents to pay in- state tuition rates. During the […]
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 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 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.
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