Interior Enforcement
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
The American Immigration Council Welcomes Customs and Border Protection’s New Guidance on Interpretation
Washington D.C. – The American Immigration Council (AIC) welcomes U.S. Customs and Border Protection’s (CBP) decision, announced yesterday, to stop providing interpretation assistance to other law enforcement agencies. This decision, which is set forth in new agency guidance that has not been publicly released, reportedly… Read More
Falling Through the Cracks
The Impact of Immigration Enforcement on Children Caught Up in the Child Welfare System One of the many consequences of an aggressive immigration enforcement system is the separation of children, often U.S. citizens, from their unauthorized immigrant parents. Take the case of Felipe Montes, a father who has spent the past two years fighting to reunite with his three young children, who were placed in foster care in North Carolina following Montes’ deportation to Mexico in late 2010. Such cases only scratch at the surface of a growing problem. Our immigration policies often fail to address the needs of millions of children whom they directly impact. According to the Pew Hispanic Center, approximately 5.5 million children in the United States, including 4.5 million U.S.-born citizens, live in mixed-legal status families with at least one parent who is an unauthorized immigrant. These children are at risk of being separated from a parent at any time. Parents facing removal must frequently make the decision whether to take their children with them or leave their children in the U.S. in the care of another parent, relative, or friend. In many cases, a parent may determine that it is in their child’s best interest to remain in the U.S. However, in some cases, a parent’s ability to make such decisions is compromised when their child enters the child welfare system, which can prompt a series of events leading to the termination of parental rights. The lack of consistent protocols across the different public systems that encounter separated families further exacerbates the problem. 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
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
California Governor Vetoes TRUST Act
In a disheartening development for immigrants’ rights advocates, California Governor Jerry Brown vetoed the TRUST Act on Sunday just hours before it was scheduled to take effect. The measure, which was intended to minimize the humanitarian impact of the federal Secure Communities program, would have largely prohibited state and local jails from detaining suspects on behalf of federal immigration authorities. Importantly, however, Gov. Brown rejected a central argument of the bill’s critics in his veto message and pledged to work with the California legislature to fix what he described as the flaws in the bill. Read More
The Harmful Effects of Using Border Patrol as Interpreters Along the Northern Border
Most people are aware of increasing collaboration between state and local police and federal immigration officers. Programs like 287(g) and the Secure Communities program, as well as state laws like SB1070, create a new role for local police, who are now put in the position of identifying immigrants for possible deportation. It has meant that a simple traffic stop can lead to removal from the United States. Read More
America's story is an immigrant story.
