Department of Homeland Security

Department of Homeland Security

Napolitano Hearing Points the Way Forward on Immigration Reform

Napolitano Hearing Points the Way Forward on Immigration Reform

At an April 23rd hearing of the Senate Judiciary Committee, Homeland Security Secretary Janet Napolitano delivered two messages on behalf of the Obama administration. First, the administration strongly supports the Senate immigration reform bill—S.744, “The Border Security, Economic Opportunity, and Immigration Modernization Act.” Secondly, the administration has, contrary to the claims of its critics, significantly ramped up border security in particular and immigration enforcement in general. In other words, the administration has proven that it can be tough on enforcement even as it advocates the formulation of new immigration laws that are more effective and just than those currently on the books. Read More

Details Begin to Emerge on New Immigration Bill

Details Begin to Emerge on New Immigration Bill

Ahead of the expected release of a comprehensive immigration reform bill in the Senate this week, details were released outlining the broad strokes of the bill. The “Gang of Eight”—a bipartisan group of senators who have been working to develop the proposal—delayed a press conference that had been planned for today about the bill out of respect for the victims of the Boston Marathon bombing. The Senate group could announce the final measure tomorrow Read More

Despite Governor's Best Efforts, New Mexico Keeps Driver's Licenses for the Undocumented

Despite Governor’s Best Efforts, New Mexico Keeps Driver’s Licenses for the Undocumented

By Joan Friedland, Senior Advisor to the National Immigration Law Center. New Mexico Governor Susana Martinez has failed in her fourth attempt to persuade the New Mexico legislature to repeal the state’s driver’s license law.  The law, in effect since 2003, provides access to driver’s licenses for eligible applicants, regardless of their immigration status.  This year’s legislative session ended in New Mexico on March 16, after the House and Senate committees considered and rejected driver’s license restrictions. Read More

Labor and Business Strike Immigration Deal on Worker Program

Labor and Business Strike Immigration Deal on Worker Program

Over the weekend, the U.S. Chamber of Commerce and the AFL-CIO reached an agreement on  a new type of  immigrant worker program that has the potential to reshape the way temporary and permanent immigration visas contribute to American immigration policy. Although this is commonly referred to as future immigration flow, it should not be confused with other debates over increasing visas for high skilled workers or increasing employment based green cards. Instead, the agreement represents an attempt to reshape how business and labor will deal with the incredibly complex issues that are part of filling the demand for less-skilled labor in the United States. In the short term, it sets up a series of concepts that both sides would be willing to support in comprehensive immigration reform—but the Gang of Eight still has to convert those concepts into workable legislation. Read More

U.S. Border-Enforcement Programs Target Immigrants Who Aren’t a Threat to Anyone

U.S. Border-Enforcement Programs Target Immigrants Who Aren’t a Threat to Anyone

Since the Department of Homeland Security (DHS) was created in 2003, its immigration-enforcement agencies—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—have been officially devoted to the protection of U.S. national security and the prevention of terrorist attacks. However, the bulk of the work done by CBP and ICE on a day-to-day basis involves apprehending and deporting non-violent immigrants who have only committed immigration offenses such as unlawful entry or re-entry into the United States. The highly punitive treatment of these immigration offenders serves no national-security purpose and is not an effective deterrent. Read More

Hundreds of Detained Immigrants Held in Solitary Confinement

Hundreds of Detained Immigrants Held in Solitary Confinement

Every day, out of more than 30,000 detainees, roughly 300 immigrants are held in solitary confinement at the nation’s 50 largest detention centers overseen by Immigration and Customs Enforcement (ICE) officials, according to federal data. Solitary confinement is one of most expensive forms of detention, the New York Times reports, and nearly half of immigrant detainees held in solitary confinement are isolated for 15 days or more – “the point at which psychiatric experts say they are at risk for severe mental harm.” About 10 percent are held for more than 75 days. According to the New York Times, immigrants were regularly placed in isolation for breaking rules but also for protection: Read More

Immigration Watchdogs: Keep Calm and Press On

Immigration Watchdogs: Keep Calm and Press On

We’ve hit a point in the life cycle of the long awaited Senate immigration reform bill that a lot of parents will remember well.  It’s those last few days before the baby is born, when anxiety and excitement are present in equal measure.  Rather than speculating about the baby’s eye color or who the baby will resemble, however, speculation on the Senate immigration bill revolves around the bill’s substance.  Will it carry through on the promise of a reasonable path to citizenship for the undocumented?  How will it balance the interests of business and labor in a temporary worker program?  Will there be additional STEM visas?  Are there really going to be cuts to the family system in favor of some new mechanism for admitting employment and family based immigrants?  There have been a host of media reports this past week fueling speculation on these questions and others, but the bottom line is that we simply won’t know until we see the text of the bill. Read More

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

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

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