Undocumented Immigration
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
FAIR Blames Immigrants and Children for Maryland’s Budget Deficit
The anti-immigrant Federation for American Immigration Reform (FAIR) claims in a new report that “Maryland’s illegal immigrant population costs the state’s taxpayers more than $1.4 billion per year for education, medical care and incarceration.” However, the statistical contortions in which FAIR engages to produce this number render it virtually meaningless. FAIR dramatically exaggerates the fiscal “costs” imposed by unauthorized immigrants by including schooling and medical care for their native-born, U.S.-citizen children in its estimate, and completely discounts the economic role that unauthorized workers play as consumers who help support Maryland businesses. Read More
How Some Houston Charities Stole Christmas…Almost
This week, the Houston Chronicle reported on several Houston area charities that distribute Christmas gifts to needy children—among them, the Salvation Army, Outreach Program Inc., and West Houston Assistance Ministries. Giving to the needy, especially during an economic recession, is truly an admirable mission—except this year the card attached reads “Immigration status, please.” After all, nothing says “holiday cheer” like demanding documentation from the needy. Read More
Rep. Lamar Smith’s Fairytale Economics
Writing in Politico on December 3, long-time anti-immigrant activist Rep. Lamar Smith (R-21st/Texas) claims that President Obama, who attended a forum on jobs and economic growth today, could magically create 8 million job openings for unemployed native-born workers if he would just deport the 8 million unauthorized immigrants now working in the United States. But that’s not how the U.S. economy actually works. Immigrant and native-born workers can not simply be exchanged for one another. Read More
New Report Shines Light on the Economics of Illegal Immigration
Today the Migration Policy Institute (MPI) held an event aimed at dispelling some of the most common myths about illegal immigrants and the U.S. economy and making the case that enforcement-only policies are not cost effective. MPI also released The Economics and Policy of Illegal Immigration in the United States, written by Gordon Hanson, a professor of economics at UC-San Diego. 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
Republican Playbook on Immigration Debate Long on Emotions, Short on Facts
Senate Republicans have “thoughtfully’ provided immigration advocates with their strategy for opposing immigration reform in 2010, courtesy of a letter sent to Secretary Napolitano protesting her recent statements that immigration reform is both necessary for DHS to do its job and good for the economy. The letter, signed by twelve Republicans— including Sens. Orrin Hatch of Utah, Charles Grassley of Iowa, and Jeff Sessions of Alabama—was described by Sen. Hatch’s press statement as “taking Napolitano to task” for her remarks. It’s a playbook for the coming year, showing how to make points that are long on emotion and short on facts. 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
Is Secure Communities Making our Communities Secure?
The Secure Communities Program—the latest partnership between Immigration and Customs Enforcement (ICE) and local jails to identify and deport “criminal aliens” —is over a year old and is growing by leaps and bounds. To date, there has been very little public information available about what Secure Communities is, how it works, and what the results have been. However, a new IPC report, The Secure Communities Program: Unanswered Questions and Continuing Concerns, released today highlights early evidence from Secure Communities—and experience with other ICE programs—that suggests this new program may not be living up to its name and may not be effectively making our communities more safe. 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