Department of Homeland Security
Report Reveals Basic Misunderstanding of Deportation Process
As readers of this blog know, the Center for Immigration Studies (CIS) often issues studies that make us cringe. Earlier this week, however, the DC-based restrictionist organization issued a report that made us laugh. Pseudonymously written by a retired government employee, the report purports to explain the “basics” of the deportation process. At more than 10,000 words, the report contains too many false analogies, misleading statistics, and non sequiturs to individually refute. But a few of the more outlandish arguments are too good not to pass up. Read More
Boston Mayor Threatens to Withdraw from ICE’s Secure Communities Program
The saga surrounding ICE’s Secure Communities program continues this month as Boston Mayor Thomas Menino threatened to withdrawal Boston from the federal program unless the agency agreed to target serious criminals only. Not surprisingly, Boston is just the latest in a series of cities and states—including New York, Illinois, Colorado, DC, and parts of California—that have threatened to drop the program. Even ICE Director John Morton, who recently made a trip to Boston to smooth things over, couldn’t guarantee local police that Secure Communities would focus solely on “serious offenders.” Read More
House Committee Takes Up Bills That Would Indefinitely Detain Immigrants and Eliminate Diversity Visas
In the absence of a federal immigration overhaul, state lawmakers have attempted—many in vain—to address immigration at the state-level. Equally misguided, however, are recent efforts by immigration restrictionist to move anti-immigrant legislation on the federal level. Today, the House Judiciary Committee marked up and passed through committee a bill (and will take up another tomorrow morning) which promises a safer America yet will likely deliver a more costly and dangerous one. Read More
Agency Urges USCIS to Streamline “Deferred Action” Process
In a new report issued this week, the United States Citizenship and Immigration Services’s (USCIS) Ombudsman’s office called on USCIS to create a standardized procedure for accepting and tracking requests for deferred action made to the agency. The timing of this report, following ICE’s memos on prosecutorial discretion last month, further reinforces the importance of understanding and applying the tools of executive branch authority in immigration law. It also gives USCIS an excellent opportunity to build on these new developments to offer its own contribution to the discussion over deferred action, prosecutorial discretion and executive branch power. Read More
The Cost of Doing Anti-Immigrant Business: Russell Pearce to Face Recall Election
While the authors and proponents of state level anti-immigrant legislation received some measure of notoriety initially, one could also predict that there would be a corresponding price to pay for pursuing such costly and divisive immigration measures. Aside from the immediate lawsuits filed in nearly every state that passed Arizona copycats, there are now additional political and fiscal costs that states and supporters of these restrictive laws must pay. Read More
Why Morton’s Memo is the Best Road Map on Prosecutorial Discretion Yet
BY DAVID LEOPOLD, ESQ., AILA IMMEDIATE PAST PRESIDENT The memorandum on prosecutorial discretion recently issued by ICE Director John Morton is hardly a substitute for a full fix to our broken immigration system. That’s Congress’s job. But once implemented, the memo will allow ICE agents and trial attorneys to focus limited law enforcement resources on dangerous criminals and terrorists instead of hardworking immigrants caught in the web of our dysfunctional immigration system. While the memo is far from perfect, advocates should see it as a good faith attempt by Morton to implement smart immigration enforcement. Read More
Senate Hearing on DREAM Act Emphasizes Need for Relief
Today, the U.S. Senate held its first ever hearing on the Development, Relief, and Education for Alien Minors (DREAM) Act. Witnesses such as Department of Homeland Security Secretary Janet Napolitano, Secretary of Education Arne Duncan and Dr. Clifford Stanley, Under Secretary of Defense for Personnel and Readiness, testified to an overflowing Senate hearing room. The hearing renewed hope that despite a failure on the part of the Senate to pass the DREAM Act last year, Congress may yet be willing to help these deserving young adults fulfill their potential and contribute to the U.S. Read More
What ICE’s Latest Memo on Prosecutorial Discretion Means for Future Immigration Cases
Last week, Director of Immigration and Customs Enforcement (ICE), John Morton, reminded ICE officials of their duty and obligation to use good judgment in the prosecution of immigration cases. In a culture where many people still believe that “enforcing the law” and “removing people” are exactly the same, Morton’s new memo is likely to shake some things up. While the memo doesn’t change the law in any way or end controversial programs like Secure Communities, it does serve as a much-needed guide for ICE officials on how, when and why to exercise prosecutorial discretion in immigration cases. Read More
Sen. McCain Blames Unauthorized Immigrants for Arizona Wildfires
During a press conference Saturday, Sen. McCain blamed undocumented immigrants for the devastating wildfires sweeping through Arizona and southern states, suggesting they started fires to “divert law enforcement agents.” While a U.S. Forest Service official stated there is no evidence suggesting undocumented immigrants are to blame, Sen. McCain, like many restrictionists, took the opportunity to turn tragedy into talking points by exploiting a natural disaster for a sound bite, calling for the need for more border security. Read More
Massachusetts Latest State to Oppose Secure Communities Program
Today, Governor Deval Patrick announced that the state of Massachusetts would not sign an agreement with the Department of Homeland Security to participate in the Secure Communities program, making it the latest state to oppose the controversial program. Last week, New York Governor Cuomo announced that his state… Read More
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No one should face the immigration system alone
