Immigration Enforcement

Immigration Enforcement

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Restoring Credibility and Humanity

A new framework for U.S. immigration enforcement that prioritizes public safety, fairness, accountability, and humane, proportionate consequences. Read More

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Hearing and Report Highlight Lack of Due Process in Immigration System

Hearing and Report Highlight Lack of Due Process in Immigration System

This week, Senator Christopher Coons of Delaware presided over a public hearing to discuss what so many of us know:  the immigration courts are failing to provide a fair, efficient, and effective system of justice.  Many of the concerns raised by Senator Coons, as well as some of the witnesses, during Wednesday’s Senate Judiciary Committee hearing, “Building an Immigration System Worthy of American Values,” are discussed in more detail in a report issued by the American Immigration Council this week, Two Systems of Justice: How the Immigration System Falls Short of the Ideals of Justice.  Read More

Why Regional Economies Need Immigration Reform

Why Regional Economies Need Immigration Reform

Comprehensive immigration reform and its array of issues is a hot topic of discussion these days at the national level. Yet while those in Washington continue crafting proposals, states  are most impacted by the country’s current outdated immigration system and are making the economic and moral case for reform, as a recent Chicago Council on Global Affairs report highlights.  Read More

Aggravated Felonies: An Overview

This fact sheet provides an overview of “aggravated felonies” under federal immigration law and the immigration consequences of being convicted of an “aggravated felony.” Read More

Budget Cuts Led ICE To Release Immigrants From Detention

Budget Cuts Led ICE To Release Immigrants From Detention

Along with every other government agency, on March 1, U.S. Immigration and Customs Enforcement (ICE) officials had to begin making mandatory cuts to their budget as a result of sequestration.  ICE’s choice to shift some of its detainees from expensive detention facilities to non-detention alternatives was questioned yesterday by Members of Congress, but more importantly the decision demonstrates that alternatives to detention are a feasible choice—regardless of sequestration. Read More

Groups File Legal Claims Against Border Patrol In Abuse Cases

Groups File Legal Claims Against Border Patrol In Abuse Cases

While the Department of Homeland Security's (DHS) immigration officers have broad authority to detain and ultimately deport noncitizens, they are generally not authorized to detain U.S. citizens and certainly cannot deport them. Yet, that is essentially what happened to a four-year-old U.S. citizen.  In March 2011, U.S. Customs and Border Protection (CBP), a component of DHS, detained a young girl when she arrived at Dulles Airport in Virginia, deprived her of any contact with her parents, and then sent her back to Guatemala. Last Friday, her father fought back, filing a lawsuit on his daughter’s behalf to seek redress for the harm she suffered and to shed light on an agency that all too often acts outside the law. Read More

Lawsuit Seeking Damages on Behalf of Four-Year-Old U.S. Citizen Wrongly Detained and Returned to Guatemala

In March 2013, the American Immigration Council and Cleary, Gottlieb, Steen & Hamilton, later joined by the Legal Aid Justice Center, filed a lawsuit alleging that CBP officers at Dulles Airport in Virginia unlawfully detained a U.S. citizen child for more than twenty hours, deprived her of contact with her parents, and then effectively deported her to Guatemala. The case was one of ten complaints filed the same week to highlight CBP abuses along the northern and southern borders. Read More

Recognizing Immigrant Women’s Needs in Immigration Reform

Recognizing Immigrant Women’s Needs in Immigration Reform

While the recent debate over reauthorization of the Violence Against Women Act and the Trafficking Victims Protection Act may have reminded the nation that there are “women’s issues” in immigration law, it doesn’t necessarily follow that most people regard immigration reform as a woman’s issue. Despite the fact that immigrant women make up a growing share of workers, entrepreneurs, single heads of households, and new voters—while remaining primary caregivers in families—the laws we craft to reform our broken immigration system have often been insensitive to the obstacles and challenges immigrant women face in applying for immigration status. Read More

Immigration Policy in the States: A Roundup

Immigration Policy in the States: A Roundup

As Congress begins to debate how to overhaul the nation’s immigration laws on the federal level, state governors who previously staked out anti-immigrant positions are quieter. And in a change from previous years, few measures that mimic provisions of Arizona’s SB-1070 have been proposed in state legislatures. That’s not to say there isn’t still some anti-immigrant legislation bubbling up in states.  In Mississippi, for example, a bill to strengthen enforcement of the mandatory E-Verify was introduced but died in the House, however a measure to prevent undocumented immigrants from purchasing public lands is still pending in the Senate after the House passed it. Read More

Immigrants Deserve Basic Miranda-Like Warnings When Arrested

Immigrants Deserve Basic Miranda-Like Warnings When Arrested

As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court explained that providing these warnings prior to police questioning ensures that criminal suspects are aware of their rights and therefore are better protected against the intimidation inherent in police interrogations. Read More

Congressional Hearing Illustrates Nativist Manipulation of “Border Security”

Congressional Hearing Illustrates Nativist Manipulation of “Border Security”

The concept of “border security” is inherently ambiguous. After all, we live in a world where no international border can be completely sealed. The risk that a bad guy will come across the border—by land, sea, or air—can never be reduced to zero, no matter how much money or manpower is funneled into border-security operations. As a result, it is easy for political opportunists to use the notion of “border security” as a smoke screen behind which to advance their own agendas. In the context of the debate over immigration reform, the quest for ever-increasing levels of border security is used as an excuse to oppose any meaningful changes to a dysfunctional immigration system which itself undermines security by its failure to operate fairly or efficiently. This is an irony which is apparently lost on those nativist politicians and activists for whom no level of border enforcement will ever be viewed as sufficient to justify immigration reform. Read More

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