Department of Justice
DOJ Sues Arizona Sheriff Joe Arpaio for Failure to Cooperate in Federal Investigation
Today, the Department of Justice filed suit against Maricopa County Sheriff Joe Arpaio for his refusal to hand over documents in an ongoing federal investigation into allegations of discriminatory practices based on a person’s national origin (racial profiling) and unconstitutional searches and seizures. According to the Arizona Republic, “the lawsuit comes after weeks of back-and-forth letters between the agencies, threats to strip the county of federal funding, and a meeting in Washington last week among attorneys to discuss the investigation.” Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, called Sheriff Arpaio's actions “unprecedented” and is “unaware of any other police department or sheriff’s office that has refused to cooperate in the last 30 years.” Read More
States Pushing Anti-Immigration Legislation Forced to Run Costly Damage Control
Although anti-immigrant campaign platforms might help win a primary in a state like Arizona, supporters of harsh immigrant enforcement measures must still address the resulting economic fall out. Last week, the Arizona Governor’s Task Force on Tourism and Economic Vitality hired HMA Public Relations, a Phoenix-based marketing communications and public relations firm, to the tune of $100,000 to “develop a series of needs and goals for Arizona tourism in light of the controversy created by SB 1070”—and, boy, do they have their work cut out for them. Similarly, cities like Fremont, Nebraska—where an anti-immigrant ordinance passed in June—are also being forced to run damage control. Fremont’s City Council is currently considering a property tax increase proposal to help shoulder the projected legal fees resulting from the city's restrictive immigration ordinance. Read More
The Immigration Balancing Act: ICE Memo and High Removal Statistics Reveal a Stacked Immigration System
Last week, two separate branches of DHS released important evidence supporting the argument that our immigration laws are fundamentally broken. The Office of Immigration Statistics released its annual report on removal and return statistics, noting that removals in 2009 totaled 393,289—marking the seventh straight year of increase. Meanwhile, ICE released a memo directing legal counsel to review and terminate certain immigration court cases where the immigrant also had an application pending in front of USCIS. ICE estimates that approximately 17,000 people may benefit from this new policy. When you juxtapose the numbers, however—393,289 v. 17,000—it reminds you just how out of balance our immigration system has become. Read More
Arizona’s New Law Upends Federal Priorities
Today, a federal judge will begin to hear arguments on Arizona law SB1070. One of the problems with SB1070 is that it places the federal government in an impossible situation. While the proponents of SB1070 say that Arizona will help ICE enforce immigration laws, the fact is that it would impinge upon ICE’s ability to fulfill its mandate, set enforcement priorities, and allocate resources effectively. SB1070 would inundate DHS with requests to determine the immigration status of individuals police have arrested for suspicion of being unlawfully present. If ICE determines that the individual is indeed unlawfully present, ICE would be expected to take custody of him/her and place him/her in deportation proceedings. Today, IPC released a new fact check on how Arizona's new law interferes with federal enforcement priorities. Read More
Obama Administration Mimics George W. Bush on Immigration Prosecutions
It would seem that the Obama administration has chosen to mimic its predecessor in its zeal to pursue the criminal prosecution of unauthorized immigrants for minor, nonviolent offenses such as crossing the border. As the Associated Press reported recently, “federal prosecutions of immigrants soared to new levels this spring, as the Obama administration continued an aggressive enforcement strategy championed under President George W. Bush.” However, the IPC has noted that this “dramatic increase in criminal prosecutions can be traced in large part to Operation Streamline, a Department of Homeland Security (DHS) program which mandates federal criminal prosecution and subsequent imprisonment of all persons caught crossing the border unlawfully.” Yet large numbers of these federal immigration prosecutions “have focused on non-violent border crossers.” In other words, DHS under the Obama administration is needlessly clogging the federal courts with people who have not committed any serious crime. Read More
A Closer Look at the Seven Lawsuits Challenging Arizona Law S.B. 1070
Almost immediately after Arizona governor Jan Brewer signed S.B. 1070 into law, lawsuits were filed in federal court in Arizona challenging the law. The lawsuits all seek the same result—a halt to the law’s enforcement—although each suit argues different grounds. Some suits cite civil liberty violations, racial profiling and unlawful regulation of federal immigration law, while another suit states that the police training videos exacerbate conflicts between federal and state law. As July 29, 2010, the date S.B. 1070 is set to go into effect, draws near, litigants and supporters on both sides of the lawsuits are seeking swift resolutions. Ultimately though, the timing of any resolution will depend on the court. Read More
It’s the Constitution, Governors! Why Playing Politics with the DOJ’s Lawsuit is a Bad Idea
Republican and Democratic governors alike might need a tutorial on the concept of checks and balances, given the dismay they are expressing over the federal government’s lawsuit against Arizona’s SB 1070. Democrats are purportedly worried that it will hurt their chances in tough state elections, while Republicans are calling the lawsuit hypocritical because the federal government is litigating instead of legislating immigration. Let’s review. As the lawsuit very clearly and eloquently lays out, the Constitution empowers Congress to regulate immigration. The President and his executive branch carry out the laws (and are given the discretion regarding how to exercise them). And when the states pass laws that conflict with this scheme, the federal courts are the referee. Read More
Department of Justice Attempts to Reassert Federal Authority Over Immigration Policy
Today, the United States Department of Justice (DOJ) filed a lawsuit against the state of Arizona in federal court. The lawsuit, prompted by passage of SB 1070 in the Arizona legislature, argues that federal law trumps the state statute and enforcing immigration law is a federal responsibility. The DOJ has requested a preliminary injunction to delay enactment of the law, arguing that the law's operation will cause "irreparable harm." Read More
President Obama Urges Republicans to Help Bridge Bipartisan Divide on Immigration
Today, President Obama delivered his first major immigration speech at American University urging Republicans to put bipartisan and election politics aside and help Democrats fix our broken immigration system once and for all. With an audience of law enforcement, elected officials, and evangelical, business, labor, and community leaders, the President provided a framework for understanding the depth and complexity of the immigration issue—laying out the fundamental problems with our immigration system while highlighting the critical role immigrants have and continue to play in strengthening America. The President then asked Republican leadership to join his Administration’s efforts to step up, take responsibility and pass an immigration reform bill. Read More
United Farm Workers Boldly Call Restrictionists’ Bluff on Unemployment
In response to the anti-immigrant rhetoric that “undocumented immigrants steal American jobs,” the United Farm Workers of America (UFW) is asking restrictionists and the unemployed to walk the walk…all the way to the farm. Last week, the UFW launched a new campaign, Take Our Jobs, which “aims at hiring U.S. citizens and legal residents to fill jobs that often go to undocumented farm workers.” On the campaign website, the UFW allows applicants to sign up under the “I Want to be a Farm Worker” banner and then sends their information to a state job bank “indicating their interest to work in agriculture.” Comedy Central’s “The Colbert Report” is expected to plug the campaign on July 8. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
