Detention
New ICE Detainer Guidance Too Little, Too Late
On the Friday before Christmas, U.S. Immigration and Customs Enforcement (ICE) released new guidance on immigration “detainers,” the lynchpin of agency enforcement programs involving cooperation with local police. In the new guidance, ICE Director John Morton instructed agency employees to only file detainers against immigrants who represent agency “priorities.” Unfortunately, as with prior agency memos on prosecutorial discretion, the detainer guidance is so riddled with loopholes that it could have little—if any—practical effect. Read More
Boston Globe Series Exposes Pitfalls of Immigration Detention
Last week, the Boston Globe ran an important series of articles on a topic that receives far too little attention: the vast network of civil detention centers that last year held more than 400,000 immigrants in the United States. The product of a year-long investigation, the series shines a spotlight on a system in which detainees often have no right to a bail hearing, are not given attorneys if they cannot afford one, and are transferred between facilities at the whim of federal immigration officials. Although one article misleadingly faults immigration officials for releasing certain detainees, the series as a whole is worth reading. Read More
Border Patrol Tightens Up Its Policy on Providing Interpretation Services
By Lisa Graybill, Visiting Lecturer in Law at the University of Denver Sturm College of Law. In a welcome if overdue move last Thursday, the Department of Homeland Security (DHS) issued new guidance to Customs and Border Patrol (CBP) personnel, directing them not to respond to requests for translation assistance from other law enforcement organizations. The new guidance, which has not been publicly released, requires CBP personnel, including U.S. Border Patrol agents, to instead refer requests for translation from federal, state, and local law enforcement organizations to private local and national translation services. However, the guidance does not affect CBP’s authority to respond to requests from law enforcement agencies for other types of assistance. Read More
A Much-Needed Spotlight on Families Ripped Apart by Deportations
On December 12, dozens of children delivered thousands of letters to Capitol Hill, calling upon lawmakers to stop the senseless division of families that is caused by the deportation of mothers and fathers who are not a threat to anyone. The event was part of “A Wish for the Holidays,” a campaign with a simple but powerful message: “Every day, families across the country are separated by deportations and immigrant detentions. 5.5 million children live with the fear that a parent could be deported, and these policies threaten the fabric of all of our communities. It just isn’t right.” Read More
Guidance on ICE Detainers Sends Ripples Through California
Every year, local law enforcement agencies receive thousands of requests from U.S. Immigration and Customs Enforcement (ICE) to keep individuals in custody—even after they are entitled to release—while federal officers determine whether to initiate removal proceedings. Last Tuesday, California Attorney General Kamala Harris issued simple but groundbreaking guidance to all law enforcement agencies in the state, clarifying that they have no legal obligation to honor so-called immigration “detainers.” Although Harris’ guidance was consistent with existing policies in numerous California counties, it has prompted other state law enforcement officials to publicly reconsider their willingness to cooperate with ICE. Read More
Will the Third Time Be the Charm for the TRUST Act in California?
For the third time in three years, lawmakers in California will seek passage of the TRUST Act, a so-called “anti-Arizona” bill that would limit the ability of local authorities to honor requests from immigration authorities to continue detaining individuals on behalf of the federal government. Although Gov. Jerry Brown vetoed a similar version of the bill in September, supporters hope the third time for the bill will be the charm. Read More
A Look at Immigrant Detention Facilities: Abuses and Proposed Reform
Last week, Detention Watch Network (DWN) launched its “Expose and Close” campaign, an initiative designed to reveal the egregious human rights violations taking place in immigrant detention facilities throughout the United States and to advocate for reform. As part of this campaign, DWN, in collaboration with human rights advocates, community organizers, legal service providers, and faith groups, released ten reports highlighting the inhumane living conditions at some of the country’s worst detention centers. The reports detail accounts of physical and psychological abuse, including sexual abuse, inadequate medical care, and prolonged solitary confinement. Read More
Los Angeles County Faces Sweeping Suit Over ICE Detainers
Under the Constitution, it has long been established that the government needs “probable cause” to hold an individual in custody, and that people granted bail must be released once it is paid. In a class-action lawsuit filed last Friday by numerous immigrants’ rights groups, Los Angeles County and Sheriff Lee Baca stand accused of flouting both principles by holding inmates for weeks at a time solely at the request of U.S. Immigration and Customs Enforcement (ICE). Read More
ICE Scaling Back 287(g) Program
The 287(g) program has been controversial and criticized for years, and immigrant advocates have demanded that US Immigration and Customs Enforcement (ICE) terminate the program. Section 287(g) of the INA allows the Secretary of Homeland Security to enter into agreements that delegate immigration powers to local police, but only through negotiated agreements, documented in Memoranda of Agreement (MOAs). The task force model deputizes police to enforce immigration laws in the course of their regular activities on the streets, and the jail model places deputized police officers within jails. A recent development raises questions about the future of the program. Read More
California Passes Groundbreaking Legislation to Prevent “Shattered Families”
By Yali Lincroft, Policy Consultant, First Focus Campaign for Children. Late last month, California Governor Jerry Brown signed into law two bills – AB2015 and SB1064 - which address the nightmare scenarios that can befall parents and their children caught up in the immigration system. The recent report Shattered Families: The Perilous Intersection of Immigrant Enforcement and the Child Welfare System describes the issue in detail including the “extent to which children in foster care are prevented from uniting with their detained or deported parents and the failures of the child welfare system to adequately work to reunify these families.” Read More
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