Interior Enforcement
Discrediting “Self Deportation” as Immigration Policy
By Michele Waslin The day that Alabama’s draconian anti-immigrant law went into effect in October of 2011, thousands of school children were reported absent from schools across the state, and workers did not show up for their jobs. In recent months, many immigrants living in the state have confined themselves to their homes, fearful of driving their kids to school, getting groceries, or seeking medical attention. The Alabama State Representative behind the law, Mickey Hammon, explicitly stated that this was the law’s intended effect. He said that the law, HB56, “attacks every aspect of an illegal alien’s life” and “is designed to make it difficult for them to live here so they will deport themselves.” Alabama provides a sterling example of the devastating impact of a strategic and systematic plan being promoted by anti-immigrant groups and lawmakers who have jumped on the bandwagon. The plan is called “attrition through enforcement” (sometimes called “self deportation”) and the groups behind it have created a web of federal and state legislative proposals that seek to reduce illegal immigration by making it difficult, if not impossible, for unauthorized immigrants to live in American society. While individual proposals may appear to be relatively benign, they are part of a larger systematic plan that undermines basic human rights, devastates local economies, and places unnecessary burdens on U.S. citizens and lawful immigrants. 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
ICE Releases Memo Outlining Justification for Making Secure Communities Mandatory
An October 2010 ICE memo from ICE Deputy Legal Advisor Riah Ramlogan to ICE Assistant Deputy Director Beth Gibson has finally been made public after a protracted legal battle. The nine page memo, obtained through Freedom of Information Act (FOIA) litigation, presents ICE’s legal arguments for making the Secure Communities Program mandatory for all jurisdictions in 2013. This memo overrides and contradicts an earlier ICE memo that argued that S-Comm was not mandatory. Read More
ICE, Local Governments Make Important Changes to Immigration Detainer Policies
Despite the ongoing controversy surrounding ICE’s Secure Communities program, there have been some recent positive developments on the issue of immigration detainers—a tool used by ICE and other DHS officials to identify potentially deportable individuals who are housed in jails or prisons nationwide. Local governments in New York, Illinois, California and now Washington D.C. have taken steps to limit their compliance with ICE detainers. Additionally, ICE has recently issued a new detainer form which provides more clarity to local law enforcement agencies. Read More
Criminal Alien Program (CAP)
Co-Plaintiffs American Immigration Council and AILA’s Connecticut chapter initially sought records related to the Criminal Alien Program (CAP) through a FOIA request to ICE in December 2011. When ICE refused to release responsive records, Plaintiffs filed suit under FOIA to compel their disclosure. Read More
DHS Shuts Down 287(g) Agreement with Maricopa County Following DOJ Investigation, Restricts Secure Communities
Today, the Secretary of the Department of Homeland Security (DHS), Janet Napolitano, announced that DHS will terminate its 287(g) agreement with the Maricopa County Sheriff’s Office and restrict access to the Secure Communities program, following damaging findings released by the Department of Justice (DOJ). After a three year long civil rights investigation into the Maricopa County Sheriff’s Office (MCSO)—an office led by America’s “toughest sheriff” Joe Arpaio—the DOJ announced today that it had “reasonable cause” to believe the Sheriff’s Office has “engaged in a pattern or practice of misconduct that violates the Constitution and federal law.” Read More
House Subcommittee Hearing Underscores Problems with Secure Communities Program
Congressman Steve King (R-IA), Subcommittee on Immigration Policy & Enforcement. Today, the House Immigration Subcommittee held a hearing on the Secure Communities program (S-Comm)—an enforcement program that has been rife with controversy since its inception in 2008. Today’s hearing featured statements from a variety of witnesses and members of Congress which further underscored the problems inherent with the program and immigration enforcement in general. S-Comm is currently active in more than 1,700 jurisdictions and is on target to be nationwide by 2013. Read More
Secure Communities: A Fact Sheet
The Secure Communities Program, which launched in March 2008, has been held out as a simplified model for state and local cooperation with federal immigration enforcement. This fact sheet lays out the basics of Secure Communities program, how it works, key areas of concern and recommendations on how to improve the program. Read More
The Secure Communities Program: Unanswered Questions and Continuing Concerns
This paper describes the Secure Communities program, identifies concerns about the program’s design and implementation, and makes recommendations for the future of the program. Read More
DHS Issues Awaited Guidance on Prioritizing Deportations, Law Enforcement Letter Praises Approach
Washington D.C. – Today, Immigration and Customs Enforcement’s (ICE) Principal Legal Advisor directed all ICE attorneys to begin a systematic review of immigration cases to determine whether pursuing deportation in each case is consistent with the Administration’s enforcement priorities. This directive follows last summer’s announcement that the Department of Homeland… Read More
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