Enforcement

Enforcement

Recent Report on Deportation Misses the Big Picture

Recent Report on Deportation Misses the Big Picture

The Obama administration has deported nearly 2 million people so far, and it still has two years left to go. This would seem to indicate that the U.S. immigration enforcement machine is running at top speed. However, a report from Syracuse University’s Transactional Records Access Clearinghouse (TRAC)—as well… Read More

Guidance Released on How to Renew DACA Granted by ICE

Guidance Released on How to Renew DACA Granted by ICE

The subset of individuals who received DACA from Immigration and Customs Enforcement (ICE) may request renewal of their deferred action 120 days prior to the expiration of their original 2-year period of deferred action, according to a notice published yesterday on the United States Citizenship and Immigration Services… Read More

Justice Department’s Losing Battle Over Deportation Waivers for Permanent Residents

Justice Department’s Losing Battle Over Deportation Waivers for Permanent Residents

For more than five years, the Department of Justice (DOJ) has defended a policy that deprives long-term lawful permanent residents (LPRs) of the opportunity to apply for a waiver that would allow them to remain in the United States. The waiver—known as the 212(h) waiver (referring to section 212(h)… Read More

Farm Bureau Warns Enforcement-Only Immigration Reform Would Harm America’s Food Supply

Farm Bureau Warns Enforcement-Only Immigration Reform Would Harm America’s Food Supply

The on-the-ground harm of enforcement-only state immigration policies is clear. The “self-deportation” style laws in Arizona, Alabama, and Georgia all dealt severe blows to the states’ economies, particularly the agricultural industries. A federal enforcement-only approach to immigration reform would have a similarly harmful impact, leading… Read More

New Mexico Governor Uses Anti-Immigrant Driver's License Proposal as Fundraising Tool

New Mexico Governor Uses Anti-Immigrant Driver’s License Proposal as Fundraising Tool

Joan Friedland is a senior advisor at the National Immigration Law Center. For the fifth time in four years, New Mexico Gov. Susana Martinez is trying to get the legislature to repeal the 2003 law granting licenses to all eligible drivers, regardless of their immigration status. There’s… Read More

The Washington Post Exposes Sorry State of Immigration Courts

The Washington Post Exposes Sorry State of Immigration Courts

This week, the Washington Post ran a front page article drawing attention to the fact that our nation’s immigration courts are operating in crisis mode.  The immigration courts are so overcrowded that judges are forced to make split-second decisions regarding complex legal issues, calling into question whether the court system is fairly administering justice.  The article featured a morning in the life of one immigration judge who had 26 cases to hear before lunchtime.  That equates to an average of just seven minutes per case.  Given the high stakes involved in deportation cases—which can range from permanent separation from family in the United States to being returned to a country where a person fears for his or her life—a system that is overburdened and under-resourced is simply unacceptable. Read More

Miranda-like Warning for Immigrants Argued in Ninth Circuit

Miranda-like Warning for Immigrants Argued in Ninth Circuit

Courts have long recognized that the Constitution requires police officers to inform arrested suspects of their rights—called Miranda warnings in criminal cases—before questioning them about crimes they are accused of committing. The risk is too great that a suspect who is not free to leave and is unaware… Read More

Nativist Group Blames Students for Texas Budget Gap

Nativist Group Blames Students for Texas Budget Gap

In a case of creative accounting, the nativist Federation for American Immigration Reform (FAIR) is blaming students for the fiscal woes of Texas. In a new report, FAIR lumps together students who are unauthorized immigrants with U.S.-born students who have unauthorized parents and claims that they are all costing Texas taxpayers astronomical sums in educational expenditures. However, the report (titled The Fiscal Burden of Illegal Immigration on Texans) mistakenly treats the education of these students as nothing more than a “cost” attributable to unauthorized immigration. In reality, the educational expenses targeted by FAIR are an investment in the future U.S. workforce and tax base; an investment that will pay off later as students become taxpaying workers. Read More

New Year, New Leadership and New Opportunities at DHS

New 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 far more open agency that treated the public as a partner, with innovations such as public comment on policy memos, expanded public engagement opportunities, the entrepreneur-in-residence program, and the delivery of a working program to process DACA applications within two months of the president’s announcement of the program.  These successes, coupled with Johnson’s experience as the top Pentagon lawyer, promise a new direction for DHS. Read More

New ICE Deportation Statistics Are No Cause for Celebration

New 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 who represent no conceivable threat to public safety or national security. In fact, the overwhelming majority of people deported by ICE either have no prior criminal record or were convicted of misdemeanors. While ICE does indeed capture and remove potentially dangerous individuals, most of its resources remain devoted to the enforcement of a broken and unworkable immigration system. The latest decline in removals notwithstanding, the U.S. deportation machine remains severely out of balance and lacking in either flexibility or meaningful opportunities for due process. Read More

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