Immigration Law
Napolitano Looks for Comprehensive Way Forward
Department of Homeland Security (DHS) Secretary Janet Napolitano testified in an oversight hearing today before the Senate Judiciary Committee. While reinforcing her commitment to securing our borders and enforcing our immigration laws in smart and effective ways, Napolitano also reaffirmed her commitment to immigration reform as a way to strengthen our immigration enforcement policies—a commitment that includes, as Secretary Napolitano notes, responsibility and accountability from everyone involved: Read More
Transforming the Role of Immigration Enforcement through Immigration Reform
For years, the U.S. government has tried and failed to curb undocumented immigration through enforcement-only tactics at the border and interior raids. The number of Border Patrol Agents has increased substantially over the past years—as have budgets and technological investment at the border—yet none of these increases have resulted in a significant decline in the undocumented population. In fact, we have the largest undocumented population in our nation’s history. Simply enforcing the woefully outdated and ineffectual immigration laws currently on the books is not working. Many immigration enforcement experts—including DHS Secretary Janet Napolitano—agree that the only way to solve our immigration enforcement problems is through comprehensive immigration reform. Read More
ICE Transferring Detainees Impedes Their Access to Counsel and Limits Their Right to Present a Defense to Deportation
Two recent reports draw attention to yet another defect in the government’s problem-ridden detention system: ICE’s practice of regularly transferring immigration detainees from one jail to another, often far from where ICE initially arrested them. Transfers have a devastating effect on a person’s ability to retain counsel and maintain an attorney-client relationship; present a defense to deportation; and obtain release from detention. The government should take immediate steps to eliminate these effects and ensure that people who are detained are afforded a fair hearing. Read More
Studies Show Latinos Climb Socio-Economic Ladder of Success
As a front-page story in today’s Washington Post reminds us: “Not since the last great wave of immigration to the United States around 1900 has the country’s economic future been so closely entwined with the generational progress of an immigrant group.” The story highlights the degree to which the children of immigrants from Latin America have become crucial to sustaining the working-age population and tax base of the nation—particularly as more and more of the 75 million Baby Boomers retire. Moreover, the parents of these children most likely would not have even come to this country if not for the U.S. economy’s past demand for workers to fill less-skilled jobs—demand which was not being adequately met by the rapidly aging and better-educated native-born labor force. The Post story also casts a spotlight on the insecurities and anxieties of commentators who feel that Latino immigrants and their descendants aren’t integrating into U.S. society and moving up the socio-economic ladder “fast enough.” Although these concerns are certainly understandable, they are as unjustified now as they were a century ago when they were directed at immigrants from southern and eastern Europe. Read More
Post Postville, Immigrants Still Vital to Iowa’s Economy
Postville, Iowa—home to one of the largest immigration raids in U.S. history—made headlines again this month when Sholom Rubashkin, owner of Agriprocessors Inc., was convicted of “all but five of the 91 business fraud charges listed in a 163-count indictment.” Although the 72 immigration charges were dropped (since they would have little impact on his final sentence), Rubashkin still faces a total maximum sentence of up to 1,255 years, according to the Des Moines Register. Justice served? Perhaps. But the people of Postville may have a different take on “justice” given the current state of Postville’s crippled economy—an economy that once, like many across the U.S. currently do, depended on immigrants. Read More
DHS Interprets Law to Detain Refugees Across the Country
Last month, President Obama authorized the admission of 80,000 refugees into the U.S. in fiscal year 2010, something every President has done annually since passage of the Refugee Act of 1980. The United States has long recognized the importance of providing a safe haven for refugees. Beginning with laws granting refugee status to displaced persons after World War II and culminating with the comprehensive Refugee Act of 1980, the U.S. has sought to safeguard those who are unwilling or unable to return to their homeland based on a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Read More
The Right to a Remedy for Ineffective Assistance of Counsel
Immigrants reasonably rely on their lawyers’ advice, and they expect their lawyers to be knowledgeable about immigration law and procedure. They count on their lawyers to be their voice in immigration court when facing removal and help ensure that they have a meaningful opportunity to be heard. In the great majority of cases, lawyers competently represent their clients’ interests. But what happens in those occasional situations where the immigrant is defrauded by an unscrupulous lawyer, or an otherwise competent lawyer makes an inadvertent mistake that results in the person being ordered removed from the United States? Certainly, a person should not be deprived of the opportunity to present a defense in removal proceedings because of his or her lawyer’s conduct. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
