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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 MoreCalifornia 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 More2013 Highlights from the Partnership for a New American Economy
After decades of frustration, 2013 was a year filled with success for the immigration reform movement. The year brought passage of a comprehensive immigration bill in the Senate, five separate immigration bills passed out of committee in the House of Representatives, new voices from across the political spectrum added in support of reform, and groundswells […]
Read MoreFederal Judge Enjoins Key Provisions of South Carolina’s Immigration Law
Washington, D.C.—The American Immigration Council welcomes today’s ruling from U.S. District Judge Richard M. Gergel, which temporarily enjoined three provisions of South Carolina Act 69 and found a fourth provision likely to be overturned in future proceedings. The ruling makes South Carolina the sixth state—after Arizona, Indiana, Georgia, Utah, and Alabama—to see major parts of […]
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.
Supreme Court Considers Restrictive Interpretation of Child Status Protection Act
Yesterday, the Supreme Court heard oral arguments in Mayorkas v. Cuellar de Osorio, a case challenging the government’s restrictive interpretation of the Child Status Protection Act (CSPA). The CSPA provides relief for the longstanding problem of children included on a parent’s visa application who “age out” – that is, turn 21 and lose their status […]
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 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 […]
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