Executive Branch
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
Dear Mr. Smith, Our Broken Immigration System Requires Solutions that Embrace Discretion, Not Eliminate It
Over the last six months, Congressman Lamar Smith (R-TX), along with other members of the House Judiciary Committee, have engaged in an all-out effort to turn back the clock on our immigration laws through a series of bills that may tackle one issue at a time, but equal a comprehensive overhaul. This week, the restrictionists’ Comprehensive Immigration Reform package (RCIR, as we call it) became complete with the introduction of the “Hinder the Administration’s Legalization Temptation Act” (HALT Act), a bill that would suspend discretionary forms of immigration relief until January 21, 2013. Yes, until the day after the next inauguration. 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
ACLU, Civil Rights Groups File Suit Against Alabama’s Immigration Law
More than just stars fell on Alabama last week when civil rights groups filed a class action lawsuit against the state’s restrictive immigration law, HB 56, charging that the law unconstitutionally interferes with federal law and will lead to racial profiling. Filed on Friday, the lawsuit makes Alabama the fifth state (joining Arizona, Utah, Indiana and Georgia) to defend itself against a costly legal challenge to Arizona-style immigration laws. Federal courts have blocked key provisions of restrictive immigration enforcement laws in every state that passed them, save South Carolina, which only recently passed a copycat law. 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
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
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
Hill Update: House Considers Immigration Amendments in Appropriations Bill
This week, the House of Representatives is considering the Homeland Security Appropriations Bill, H.R 2017—which is, of course, a golden opportunity for lawmakers to attempt to tack on immigration amendments. As of today, 19 immigration and border related amendments were filed. The House agreed to eight of the amendments and rejected two. Read More
New York Looking to End Participation in Secure Communities Program
New York Governor Andrew Cuomo Yesterday, New York Governor Andrew Cuomo suspended his state’s participation in the Secure Communities program. In a letter to DHS, Gov. Cuomo wrote that the Secure Communities program is “having the opposite effect” of its intended purpose to target those who pose the “greatest threat” to the community and furthermore, compromises public safety “by deterring witnesses to crime and others from working with law enforcement.” Cuomo’s statement came after receiving pressure from state legislators, advocacy organizations, and other residents including a petition to the Governor opposing Secure Communities which had over 6,300 signatures. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
