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Why is the Obama Administration Arguing that Undocumented Immigrants Should Not Practice Law?
Today, the California Supreme Court will hear oral argument in a case that asks whether an undocumented immigrant may receive a license to practice law in California. The Committee of Bar Examiners – the entity charged with deciding who qualifies for a law license in California – supports admitting Sergio Garcia to the bar. So […]
Read MoreStepping Up: The Impact of the Newest Immigrant, Asian, and Latino Voters
This analysis of immigration trends and the demographic composition of U.S. House districts shows that numerous congressional districts have emerging electorates who have many reasons to care deeply about immigration reform.
Read MoreFight for Fairness and Justice in its Many Forms Far From Over
Wednesday marks 50 years since more than 250,000 people joined the March on Washington for Jobs and Freedom and pushed the government to extend civil and economic rights to African Americans. A massive rally where the Rev. Martin Luther King Jr. made his historic “I Have a Dream” speech on the steps of the Lincoln […]
Read MoreOur Immigration System Must Encourage Foreign Entrepreneurs to Invest in the U.S.
Immigrants started 33 percent of U.S. venture-backed companies between 2006 and 2012 that went public, according to a new report from the National Venture Capital Association. The report, however, also noted that there is no reliable immigration program for foreign entrepreneurs, who must surmount enormous legal difficulties in order to come here to create businesses […]
Read MoreHow DACA is Impacting the Lives of Those Who are Now DACAmented
As Congress continues to debate immigration reform, August 15th marks the one-year anniversary of the Deferred Action for Childhood Arrivals (DACA) program. While not granting a path to legalization and citizenship, DACA provides an opportunity for a segment of the undocumented immigrant population to remain in the country without fear of deportation, allows them to […]
Read MoreNew Orleans Latest Locality to Shift Costly Immigration Enforcement Burden Back to Feds
New Orleans has stopped honoring detainer requests from Immigration and Customs Enforcement (ICE) officials—the first Southern city to do so—now that the Orleans Parish sheriff’s office will no longer detain people who are suspected of being undocumented immigrants. According to The New York Times, the sheriff’s office will “decline all ICE detention requests except when […]
Read MoreInternational Youth Day Highlights Children Impacted by Immigration
In 1999, the United Nations designated August 12 as International Youth Day in order to highlight children’s opportunities, challenges and contributions on the world stage. This year, the focus is on the migration of young people, in order to raise awareness of the positive contributions made by young immigrants as well as the many risks […]
Read MoreCourts Continue to Reject Arizona Style Laws, Even as House Embraces SAFE Act
Last year, in Arizona v. United States, the Supreme Court reaffirmed that the federal government, rather than the states, has both the responsibility and the authority to enforce immigration law. Leaving immigration enforcement to the whims of individual state legislatures and law enforcement officers was, according to the Court, likely to undermine the federal framework […]
Read MorePressure Mounts on House To Tackle Immigration Reform
As July comes to a close and August recess begins, prospects for immigration reform in the House of Representatives are looking up. While some saw the pronouncements from House Judiciary Chairman Bob Goodlatte (R-VA) and Speaker John Boehner (R-OH) that the House would not take up the Senate bill as a death knell, it looked […]
Read MoreThe Criminal Alien Program (CAP): Immigration Enforcement in Prisons and Jails
The Criminal Alien Program (CAP) is an expansive immigration enforcement program that leads to the initiation of removal proceedings in many cases. While CAP has existed in one form or another for decades, there is still much to be learned about the program, how it is organized, and how it works. What is known is that CAP extends to every area of the country and intersects with most state and local law enforcement agencies.
For years, the CAP program has operated with little public attention and many of its elements have only recently come to light following FOIA litigation against Immigration and Customs Enforcement (ICE). The information obtained through the lawsuit regarding CAP’s current organization and staffing suggests CAP is not a single program, but a loose-knit group of several different programs operating within ICE. Other than a small number of staff responsible for the administration of CAP at ICE headquarters, there is no dedicated CAP staff. Rather, ICE pulls personnel and resources from across the agency to perform CAP-related functions.
The ICE declarations and deposition also explain how CAP functions within prisons and jails. There appears to be little consistency in, and little or no policy governing, how CAP cooperates with state and local law enforcement agencies in different regions and in how CAP interacts with detainees in different facilities. Instead, CAP appears to function as an ad hoc set of activities that operate differently across the country and across penal institutions, raising questions about the adequacy of oversight, training, and accountability of the personnel implementing CAP.
This information confirms that there is still much about CAP that remains unknown or unclear. Given the breadth of CAP, the centrality of its role in immigration enforcement, and its large impact on the immigrant community, it is critical that ICE clarify how CAP operates.
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