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New Study Highlights Causes of Return Migration to Mexico
Mexicans and Americans Thinking Together (MATT) has presented the results of a new study that highlights some recent, significant shifts in return migration from the United States to Mexico. One of the merits of this study is that it reminds us of the dynamic and bi-directional nature of migratory flows between the two countries. Between 2005 […]
Read More16 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 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 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 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.
House 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 […]
Read MoreWill Filipinos Be Granted Temporary Protected Status in the Wake of Typhoon Haiyan?
In the wake of the devastating Typhoon that hit the Philippines, the Department of Homeland Security should consider providing Temporary Protected Status (TPS) to Filipino nationals in the U.S. TPS is an immigration status for nationals of certain countries. The Secretary of Homeland Security designates a country for TPS due to ongoing armed conflict, an […]
Read MoreHouse Inaction Escalates Community’s Demands for Immigration Reform
House Speaker John Boehner (R-OH) reassured a few die-hard anti-immigration reform activists when he said he would never agree to a conference to reach agreement on a House immigration bill and the Senate’s bipartisan immigration that passed in June. But his comments fired up those who want to see Congress improve the nation’s broken immigration […]
Read MoreRemembering the Contributions of Immigrant Soldiers this Veterans Day
Immigrants fill every imaginable role in U.S. society. They are found in every profession, from farmworker to brain surgeon. They are the owners of small neighborhood bodegas and the C.E.O.s of high-tech transnational corporations. They represent their communities in town councils and in the U.S. Congress. And, not surprisingly, they are also found throughout the […]
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