Detention
Mocking Humane Immigration Detention Standards
Washington D.C. – Today, the House Judiciary Committee will hold a hearing on new immigration detention standards recently issued by Immigration and Customs Enforcement (ICE). Cynically entitled “Holiday on ICE,” the hearing reflects Chairman Lamar Smith’s allegation that the new standards—which set minimum requirements for medical care, access to counsel,… Read More
ICE Distorts Facts in Debate over Immigration Detainers
February was an important month in the debate over immigration “detainers,” the controversial tool used to strong-arm local jails into holding immigrants on the federal government’s behalf. In Connecticut, a class-action lawsuit was filed attacking detainers’ many legal vulnerabilities, and the Governor announced that state jails will not honor them in all cases. In Illinois, Cook County received another pointed letter from Immigration and Customs Enforcement (ICE) Director John Morton over a local ordinance enacted last year. While immigration detainers are a subject of legitimate public debate, the controversies demonstrate how ICE has resorted to making disingenuous legal claims in apparent hopes spreading the mistaken belief that immigration detainers must be honored. Read More
Following State of the Union, President Obama Needs to Follow Through on Immigration Reforms
The President’s State of the Union address this week re-iterated some of his key themes on immigration—support for comprehensive reform, dismay that DREAM Act students and foreign students educated in this country have no way to legalize their status, and a belief that he’s done enough to the secure the border. More importantly, he framed these themes in context to America’s economic recovery, innovation and growth. However, while any mention of immigration in the State of the Union is welcome, it’s what the President didn’t say that may have more of an impact on how his administration is remembered this year on immigration—and how his vision is measured by voters in the coming election. Read More
ACLU Brings Cases of Immigration Detention Abuse to Light
Reports of abuse from immigration detention facilities are nothing new. In fact, due to private contractors’ lax attitude and lack of federal oversight, many experts are finding that cases of abuse are vastly underreported. Last week, the ACLU reported on 185 allegations of sexual abuse of undocumented female detainees held in federal detention facilities. While undocumented immigrants have consistently been denied the same protections afforded to U.S. citizens, the recent allegations of sexual abuse—which are starkly out of place in a civil society—need to be addressed, regardless of an individual’s immigration status. Read More
Locked Up Without End: Indefinite Detention of Immigrants Will Not Make America Safer
One of the ugliest myths in the immigration debate is that immigrants are more likely to commit crime or pose a danger to society. Although studies repeatedly have shown that immigrants are less likely to commit crimes than native-born Americans, politicians continue to exploit the public’s fear of crime to justify ever more punitive immigration measures, including the mass incarceration of immigrants for reasons that would never be permitted for U.S. citizens. A prime example of this political double standard is the “Keep Our Communities Safe Act of 2011” (H.R. 1932), introduced this past spring by Representative Lamar Smith (R-TX), Chairman of the House Judiciary Committee. H.R. 1932 proposes a massive expansion of our immigration lock-up system that would waste millions of taxpayer dollars and violate our constitutional commitments to individual liberty and due process of law, while doing little to make America safer. The vast scope of H.R. 1932 became clear during its committee mark-up, where members of the House Subcommittee on Immigration Policy and Enforcement challenged the language and intent of the legislation and sought to amend its reach. During that meeting, Rep. Smith was forced to acknowledge that the bill’s detention mandates extend to immigrants who have no criminal record whatsoever, much less focus narrowly on hard-core offenders. Since that time, however, Rep. Smith has continued to misrepresent that “the bill only specifies that a small segment of criminal immigrants may be detained for extended periods.” Read More
Runaway Costs for Immigration Detention Do Not Add Up to Sensible Policies
BY JOSH BREISBLATT, IMMIGRATION POLICY FELLOW AT THE NATIONAL IMMIGRATION FORUM At a time when we should be looking for ways to curb costs, some in Congress are actually attempting to spend more by expanding immigration enforcement programs. In May, Chairman of the Judiciary Committee Lamar Smith (R-TX) introduced H.R. 1932 titled, "Keep Our Communities Safe Act of 2011," an act which would allow the Department of Homeland Security (DHS) to keep individuals in detention without a bond hearing before an immigration judge while they wait for a final resolution of their case. It would also authorize indefinite detention of those who have been ordered removed but cannot be deported. Aside from being bad immigration policy, Smith’s legislation would also increase an already bloated immigration detention budget. A new paper recently released by the National Immigration Forum examines just how much our immigration detention system currently costs taxpayers. The findings should raise some eyebrows. Read More
Immigration Case Backlog Reaches All-Time High, Report Shows
As the U.S. continues to pour money into immigration enforcement and detention, the resources necessary for the immigration court system to keep up with enforcement have not been appropriated. In fact, a record number of immigration cases—275,316 as of May 2011—are in the Immigration Court backlog according to a recent report by the Transactional Records Access Clearinghouse (TRAC). In four months, the case backlog grew 2.8%, and it has grown 48% since FY2008. Read More
More Fear and Loathing in the House Judiciary Committee
Washington, D.C. – Tomorrow, the House Judiciary Committee is scheduled to take up two immigration bills that supposedly address community safety, but in reality are simply the latest attempts to restrict immigration and limit due process for immigrants. Neither Chairman Lamar Smith’s (R-TX) “Keep Our Communities Safe Act of 2011,”… Read More
Rep. Lamar Smith’s “Keep Our Community Safe Act of 2011” Creates More Problems than Solutions
One of the ugliest myths in the immigration debate involves the relationship between immigrants and crime. While studies repeatedly have shown that immigrants are less likely to commit crimes than native-born Americans, many politicians exploit the public’s fear of crime to advance a restrictive immigration agenda. One of the latest attempts to do so is the “Keep Our Communities Safe Act of 2011,” or H.R. 1932, introduced by Rep. Lamar Smith (R-TX). This bill seeks to expand the authority of the Department of Homeland Security (DHS) to subject certain immigrants to indefinite—that is, potentially life-long—detention, even though the Supreme Court has held that such detention raises serious constitutional concerns. Read More
Who’s Monitoring the Corrections Corporation of America (CCA)?
Last month, the Associated Press reported that a video obtained by their reporters showed Corrections Corporation of America (CCA) prison guards watching prisoners fight in an Idaho prison, ignoring the pleas of the prisoner being beaten, Hanni Elabed. While this was not an immigration detention facility, CCA operates many detention facilities under contract from Immigration and Customs Enforcement (ICE). ICE needs to look closely at this incident and others reported this year and reassess whether they will continue to risk housing immigration detainees in CCA facilities. Read More
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