Immigration and Customs Enforcement
Administration Takes Step Toward More Entrepreneur-Friendly Immigration Policy
BY TEJAS SHAH*. While the U.S. economy continues to recover at a sluggish pace, the administration continues to emphasize immigration reform’s critical role in promoting innovation and entrepreneurship in the U.S. This week, Cecilia Munoz, the Domestic Policy Council Director at the White House, spoke at a forum hosted by The Hamilton Project of the Brookings Institution about the administration’s commitment to immigration reform and easing pathways for foreign investors in the United States. Sadly, however, talented and dynamic foreign entrepreneurs seeking authorization to direct, operate, manage, or work for their investment vehicles often face tedious barriers. Easing these barriers would benefit our economy and enhance our ability to out-compete other countries in the modern global economy. After all, with out foreign entrepreneurs, we wouldn’t have such U.S. companies as Yahoo, Google, and Intel. Read More
Immigrants without Legal Representation Not Benefitting from Prosecutorial Discretion
After ICE Director John Morton issued a memo last June outlining how and when ICE officials should exercise prosecutorial discretion in immigration cases, many were optimistic that the memo’s implementation would relieve backlogs and help the agency focus on higher priority immigration cases. Months later, however, folks are finding that one large group of people has limited access to this review process—immigrants without legal representation. In fact, nearly half of all immigrants in removal proceedings appeared without legal representation in 2011, also known as “pro se.” While immigration attorneys often explain the effect of these prosecutorial discretion policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Read More
Crunching—and Clarifying—the Numbers on Prosecutorial Discretion
Late last year, the Department of Homeland Security (DHS) instructed its attorneys to review matters pending before immigration courts in search of low-priority cases warranting prosecutorial discretion. But of the approximately 300,000 immigrants now in deportation proceedings, how many stand to potentially benefit from the initiative? In recent days, immigrant advocates have fretted the figure could be as low as 1 percent—a fear based on the number of cases that had been officially suspended as of the start of last week. In truth, the actual figure presently appears closer to 10 percent. While the government bears the blame for much of the confusion, it now seems certain that advocates’ initial fears were unwarranted. Read More
Despite Alabama’s Cautionary Tale, Mississippi Moves Forward with Extreme “Papers, Please” Immigration Legislation
So much for Southern hospitality. Despite damning reports, bad press and mea culpas from politicians out of Alabama following passage of their extreme immigration law, HB 56, Mississippi lawmakers continued down the same destructive path this week. Mississippi’s “papers please” immigration bill, HB 488—which contains nearly all the same provisions as Alabama’s extreme immigration law, including those previously blocked by a Federal Appeals Court—passed out of two committees this week. In addition to the “papers, please” provision, Mississippi’s law also requires every public school to determine the immigration status of every enrolling student. The law also makes it illegal for any state or local governmental entity to engage in any “business transaction” with an undocumented immigrant—potentially denying basic medical care and access to utilities to families and children. The bill now goes back to the Mississippi House for debate. Read More
ICE, Local Governments Make Important Changes to Immigration Detainer Policies
Despite the ongoing controversy surrounding ICE’s Secure Communities program, there have been some recent positive developments on the issue of immigration detainers—a tool used by ICE and other DHS officials to identify potentially deportable individuals who are housed in jails or prisons nationwide. Local governments in New York, Illinois, California and now Washington D.C. have taken steps to limit their compliance with ICE detainers. Additionally, ICE has recently issued a new detainer form which provides more clarity to local law enforcement agencies. Read More
Washington Post Lists Treating “Immigrants as People” as “In” for 2012
You wouldn’t know it from listening to the ridiculous anti-immigrant rhetoric over the past year, but treating immigrants like actual human beings is a concept some hope catches fire in 2012. The Washington Post recently added “immigrants as people” on “The List: 2012”—their annual zeitgeist-inspired list of ins and outs for the new year. Granted, “peacock feathers” and “Margaret Thatcher” also made the “in” column, but dialing down the immigrant bashing—a message Republican presidential candidates clearly missed during previous debates—is an idea that GOP political strategists are now embracing. Read More
New Report: Immigration and American Jobs
The U.S. labor market has been slow to recover from the deep recession of 2007–2009. Policymakers have debated numerous ways to increase employment, from government spending to tax policy to training and education initiatives. But relatively little consideration has been given to immigration reform as a way to boost the… 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
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
Restrictionist GOP Members Rely on Scare Tactics in Hearing on Prosecutorial Discretion
The luster may be wearing off Republican attacks on DHS’s prosecutorial discretion policies. Efforts to paint the prioritization of cases as “backdoor amnesty” didn’t seem to go anywhere in yesterday’s hearing on immigration enforcement in the Subcommittee on Immigration Policy and Enforcement. ICE Director John Morton defended the prosecutorial discretion guidance he issued earlier this year as “trying to make good calls and good judgments” within a series of tough choices and finite resources. Members opposed to the Administration’s policies had a hard time rebutting the resource point, deciding instead to rely on scare tactics and hyperbolic comparisons to attack the guidance. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
