Detention
Inspector General Falls Short in Documenting Border Detention Conditions
The deplorable conditions in U.S. Border Patrol—an agency within U.S. Customs and Border Protection (CBP)—detention facilities have been widely documented in numerous media accounts and NGO reports and challenged in federal lawsuits. Immigrant children and other immigrants detained in these facilities—often called “hieleras” or “iceboxes”… Read More
Here Are Some of the Stories of Women Held at Artesia
The lawsuit filed last week by the American Immigration Council, the ACLU, the National Immigration Project, and the National Immigration Law Center challenging government deportation policies at the family detention center in Artesia, New Mexico, has shined a light on the deprivation of due process occurring there daily. Read More
Systemic Challenge to Policies at Artesia
On August 22, 2014, the American Immigration Council, in collaboration with the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, Van Der Hout Brigagliano & Nightingale LLP, and Jenner & Block, filed this lawsuit in the federal district court for the District of Columbia. The case was a systemic challenge to the policies denying a fair deportation process to mothers and children detained in the Artesia Family Residential Center who had fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety. Read More
11-Year-Old U.S. Citizen Held in Immigration Detention at Artesia
One of the hundreds of children being held at an immigration detention facility in, New Mexico, was released last week when officials realized the 11-year-old boy was a U.S. citizen. According to the boy’s attorney, he spent more than a month there before an immigration attorney visiting… Read More
Growing Number of Localities Limit Detention of Immigrants
At least 14 counties in Oregon have stopped honoring detainer requests from federal immigration officials. Their decisions followed a federal court ruling that officials in Clackamas County “violated one woman’s Fourth Amendment rights by holding her for immigration authorities without probable cause,” according to the Oregonian. Maria… Read More
The Challenge of Measuring Immigration Enforcement in the United States
The effectiveness of immigration enforcement policies in the United States cannot simply be reduced to removal numbers. In other words, the system’s functionality and fairness cannot be determined by counting how many individuals a president deports each year. An honest analysis should include an understanding of what belies the… Read More
Circuit Court Ruling Affirms Detainers Not Mandatory
As communities continue to debate the harmful impact of large scale immigration enforcement programs such as Secure Communities, the 287(g) Program and the Criminal Alien Program, much of the discussion has centered on the use of “detainers… Read More
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
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
New 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 Trust Act, which does virtually the same thing, will go into effect early next year. Yet, while these states have limited who can be subject to an immigration detainer, there are legal questions surrounding this selective enforcement that call into question whether detainers are legal at all. Read More
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