Children
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
DHS Publishes New Provisional Waiver to Help Some Families Stay Together
Some families facing long separations from their loved ones because of U.S. immigration laws will have an easier time of it in 2013. Thanks to a new regulation from the Department of Homeland Security (DHS), immediate relatives of U.S. citizens will be able to complete part of the processing of their immigration cases without leaving the country. The “Provisional Unlawful Presence Waiver of Inadmissibility for Certain Immediate Relatives” rule, often referred to as the new family unity rule, will be published tomorrow (January 3, 2013) and become effective on March 4. Read More
Happy Holidays From Immigration Impact!
All of us at Immigration Impact would like to wish all of our readers a very happy holidays! We’ll be back on January 2nd, 2013. We look forward to continuing the immigration conversation with you next year!… Read More
Federal Judges Remind Government to Consider Prosecutorial Discretion
Prosecutorial discretion is the authority of a law enforcement agency or officer to decide whether and to what degree to enforce the law in particular cases. The Deferred Action for Childhood Arrivals (DACA) initiative continues to be a successful example of prosecutorial discretion in the immigration context. However the Department of Homeland Security (DHS) often ignores other non-DACA-related cases where prosecutorial discretion would be equally appropriate. 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
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
Arizona Faces Lawsuit over DACA Driver’s License Policy
Less than six months after it received a stinging rebuke from the Supreme Court, Arizona today was hit with another major lawsuit over its punitive immigration policies—this time challenging its practice of denying driver’s licenses to beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program. Filed in federal court in Phoenix, the class-action suit challenges an executive order issued by Gov. Jan Brewer making DACA recipients ineligible for all public benefits. Although the suit is limited to Arizona’s policy, the outcome could affect DACA recipients’ ability to obtain driver’s licenses in other states as well. Read More
This Week’s Immigration Proposals: Old News, Old Ideas
If you follow immigration, but are returning from a month-long, news-free vacation, there’s only one conclusion you would draw from the legislation Republicans offered up this week in Congress: Mitt Romney must have won the presidential election. After all, the ACHIEVE Act, introduced yesterday by retiring Senators Jon Kyl (R-AZ) and Kay Bailey Hutchison (R-TX), which offers temporary legal status but no path to citizenship to DREAMers, is surely the bill they were preparing to offer in the event that a Romney Administration was in the wings. And on the House side, a slightly revised version of the STEM Jobs Act—which failed on the suspension calendar before the election—is back on the floor at the end of this week without changing any of the problems that led to its defeat before. Surely, this suggests that the predictions that immigration would play a decisive role in the presidential election didn’t pan out and that self-deportation as an immigration reform strategy worked. Except, none of this is true. Read More
STEM Bill Still Plagued by Politics
In 2010, the lame duck session of Congress was dominated by debate over the DREAM Act, which passed the House of Representatives before succumbing to a conservative-led filibuster in the Senate. Congress will again tackle a significant immigration measure during the current lame duck session, with the House expected to vote on Friday on a bill that would create additional visas for advanced degree holders and shorten the time that many permanent residents are separated from members of their immediate family. Yet despite these laudable provisions, the bill in question contains numerous flaws. Read More
America's story is an immigrant story.
