Department of Homeland Security
Thousands Rally for Repeal of Alabama’s Extreme Anti-Immigrant Law
Thousands gathered outside the historic 16th Street Baptist Church in Birmingham, Alabama yesterday to demand the repeal of the state’s harsh anti-immigration law, HB 56. Religious, community and civil rights leaders, as well as a special Congressional delegation, urged state legislators to bring an end to Alabama’s immigration law—a law which continues to slow state businesses, separate families and drive immigrants from the state. The Congressional delegation also held an ad hoc hearing at Birmingham City Hall to hear how the controversial law is effecting state residents, especially the Latino and immigrant communities where, according to Rep. Luis Gutierrez, “the feeling of danger and despair is palpable.” One Congressional member, Rep. Al Green of Texas, commented that the law "deserves to be placed on the trash heap of history." Read More
DHS Begins Review of Deportation Cases, Issues Awaited Prosecutorial Discretion Guidelines
Today, the Department of Homeland Security (DHS) directed ICE attorneys to begin a review process of current immigration cases pending before immigration courts in order to close or dismiss those cases warranting prosecutorial discretion. The attorneys also received additional guidance on how to apply discretion in certain low priority cases. At the same time, DHS announced new training modules for all ICE field agents on prosecutorial discretion. The package of initiatives are a follow up to ICE Director John Morton’s June 17th memo which describes how, when, and why ICE officials should exercise prosecutorial discretion in immigration cases. Read More
Report Reveals Disturbing Truths Behind Border Patrol Transportation Raids
When news broke last month that the Border Patrol would scale back raids on trains and buses near the northern border, the response from Capitol Hill was rather predictable. In a breathless letter to Homeland Security Secretary Janet Napolitano, Sen. Chuck Grassley (R-Iowa) fretted that the policy will “entice potential terrorists, drug smugglers, and illegal immigrants to attempt to enter the country.” But as demonstrated by a comprehensive report released by civil rights groups last week on transportation raids in upstate New York, the Border Patrol’s new northern raid policy was long overdue. Read More
Prosecutorial Discretion Survey Demonstrates Need for More Training, Consistency Across ICE Field Offices
It’s been almost six months since ICE Director John Morton issued new guidelines on prosecutorial discretion to help ICE agents, attorneys and other officials distinguish between high priority cases (national security threats and serious criminals) and low priority cases (DREAM Act students). A recent survey released by the American Immigration Lawyers Association (AILA) and the American Immigration Council takes a look at how well those guidelines are translating into actual practice at ICE offices around the country. While the results show that prosecutorial discretion was applied in some cases, the majority of cases show that ICE field offices are confused and hesitant to make decisions, demonstrating the need for more guidance and training from DHS headquarters. Read More
Non-Citizens Eager to Serve in U.S. Military Blocked by Government Bureaucracy
BY MARGARET D. STOCK, COUNSEL TO THE FIRM, LANE POWELL PC This Veterans Day, we celebrate those who have proudly served in the U.S. military, including immigrants. Immigrants have long served in all branches of the U.S. military as infantry soldiers, medics, foreign-language translators, and in every other job open to them. At last count, foreign-born service members made up about 8% of the 1.4 million military personnel on active duty. However, some highly qualified non-citizens have been blocked from serving due to the Obama Administration’s suspension of a recruiting program called the Military Accessions Vital to the National Interest (MAVNI). Frustrated by the government bureaucracy responsible for halting MAVNI, those non-citizen volunteers are petitioning the government in hopes of reopening the program. Read More
Even Facebook Feels Brunt of Broken U.S. Immigration Policy
You know things are bad when a company as popular as Facebook has problems finding qualified talent. In a recent interview, Facebook’s chief operating officer, Sheryl Sandberg, remarked that our outdated immigration policy is a big reason Silicon Valley tech companies are fighting each other for highly skilled workers. Current immigration policy limits high-skilled worker visas (H-1B) to only 65,000 per year—a number that hardly meets demand. Even technology giant Microsoft recently testified before Congress that current immigration policies make finding talent a serious challenge. Until lawmakers revamp our outdated immigration system, technology companies like Facebook and Microsoft will continue to lose out on the foreign talent they need to stay ahead of the curve. Read More
Thousands of Children Stuck in Foster Care after Parents Deported, Report Finds
A report released this week reveals yet another devastating consequence of the enforcement-only approach to immigration—a startling number of children whose parents have been detained and deported are placed in foster care and face enormous barriers reuniting with their families. According to the Applied Research Center, 1 in 4 people deported in FY 2011 (nearly 100,000 people) left behind a U.S. citizen child. The report found that the odds of reuniting the families are so low that the parents “basically fall off the face of the earth when it comes to the child welfare system.” Sadly, because of the regular increase in the number of annual deportations, this number is expected to triple in the next five years. Read More
How Will DHS Continue to Partner on Existing State Enforcement Programs Given Legal Challenge to Alabama’s Law?
Today, several newspapers reported on DHS Secretary Janet Napolitano’s statement that the federal government is not going to help Alabama implement its new immigration law, leaving many to wonder how the federal government will continue running existing state and local immigration enforcement programs like Secure Communities. On one hand, the federal government has sued Alabama claiming that its immigration law (HB 56) is unconstitutional. On the other, the federal government regularly partners with state and local police agencies to identify unauthorized immigrants for potential deportation. Secretary Napolitano now faces the difficult decision of what DHS will do with unauthorized immigrants in Alabama who may have been picked up under the new law. Read More
ACLU Brings Cases of Immigration Detention Abuse to Light
Reports of abuse from immigration detention facilities are nothing new. In fact, due to private contractors’ lax attitude and lack of federal oversight, many experts are finding that cases of abuse are vastly underreported. Last week, the ACLU reported on 185 allegations of sexual abuse of undocumented female detainees held in federal detention facilities. While undocumented immigrants have consistently been denied the same protections afforded to U.S. citizens, the recent allegations of sexual abuse—which are starkly out of place in a civil society—need to be addressed, regardless of an individual’s immigration status. Read More
Redefining Criminality: Untangling DHS’s Record High Deportation Numbers
It was another record breaking year for deportations, with DHS logging 396,906 removals during Fiscal Year 2011. While the raw number is not in doubt, its meaning is far from clear. According to DHS, 55% of those removed (approximately 218,000) were “criminal aliens,” but the definition of “criminal” is overly broad. While DHS may tout this numbers as proof that it’s rooting out serious criminals only, it’s important to note that many of these “criminal” aliens have only minor convictions such as traffic offenses or entering the U.S. without a visa. Read More
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No one should face the immigration system alone
