As Congress returns from recess, immigration advocates across the country are demanding real, practical solutions to the broken immigration system. Here is the news on immigration from Monday, April 5 to Monday, April 12. Enjoy!
Here at FCNL, we are keeping a close eye on the draft immigration bill in the Senate, co-written by Senators Schumer (NY) and Graham (SC). No legislative text has been released yet, but if Majority Leader Reid's recent statement is any indicator, this comprehensive bill will see the light of day soon. At a rally in Nevada that drew over 6,000 supporters, Senator Reid said, "We're going to come back, we're going to have comprehensive immigration reform now... We need to do this this year. We cannot wait."
The Supreme Court just made a landmark ruling on immigration. Lawyers are now required to tell their immigrant clients whether a guilty plea could lead to possible deportation. This should seem fairly obvious, but - under overly harsh immigration laws - pleading guilty to even a minor crime can trigger mandatory detention and deportation. We congratulate the Supreme Court's decision to uphold real justice and protect immigrants' rights.
The nation's broadest coalition of immigration advocates, the Reform Immigration for America campaign, finally took a public position opposing the fundamentally flawed 287(g) program. This program, which was condemned in a recent Homeland Security investigative report, allows local police to arrest anyone suspected of being an undocumented immigrant. The New York Times calls the 287(g) program "too broken to fix" and America's Voice has created this excellent video on how immigration enforcement is tearing families apart:
Showing posts with label 287(g) program. Show all posts
Showing posts with label 287(g) program. Show all posts
Monday, April 12, 2010
Monday, April 5, 2010
383,524 and Counting
Last year, 383,524 immigrants were detained by Immigration and Customs Enforcement (ICE), the agency within the Department of Homeland Security responsible for enforcing immigration laws. That's over a third of a million people.
For the sake of comparison, the number of Quakers worldwide is about 360,000.
Immigration detention has drastically expanded in the past fifteen years. The number of immigrants held annually in jail-like detention facilities has tripled since 1996. Even under the Obama administration, these numbers keep on rising.
To justify this dramatic increase, ICE officials have repeatedly stated that the agency focuses on arresting, detaining, and deporting "dangerous criminal aliens" who pose a threat to public safety or national security.
Now, a recent ICE memo leaked to the press indicates that ICE is trying to arrest and detain as many people as possible - not just dangerous criminals - in order to meet quotas. According to the memo, ICE has set a goal of detaining at least 400,000 immigrants in 2010. To meet this goal, the memo continues, ICE plans to ramp up efforts to catch undocumented immigrants who had never committed a violent crime - because they can be deported more quickly than those with criminal backgrounds. (ICE later withdrew the memo but declined to offer a public explanation for why it had originally been issued.)
To catch more non-criminal immigrants, ICE relies on controversial local enforcement programs. These programs authorize police officers to enforce immigration laws. As a recent governmental report indicates, local enforcement programs lack oversight and have resulted in the widespread use of racial profiling.
As a result, more people get trapped in the broken immigration system every year. Immigration prosecutions have skyrocketed in recent years, overwhelming the courts. Immigration judges lack the resources to process immigration cases in a timely manner. Tens of thousands of immigrants languish in detention facilities as they wait for their cases to be heard, costing taxpayers millions of dollars.
Yet ICE continues to insist that its methods are justified.
This is backwards reasoning. Taxpayers' money should not be wasted on expensive and ineffective enforcement programs. You can't deport your way into a workable immigration system.
We've tried the enforcement-only approach, and it doesn't work. We urgently need immigration reform in order to create a legal immigration system that works for everyone.
Urge your members of Congress to support immigration reform. FCNL has created a new set of talking points for you to use when you contact your senators and representatives. Write a letter to your representative or schedule a lobby visit with your senator today!
To learn more about immigration reform, read FCNL's Statement of Principles on Immigration Reform. Stay up to date by signing up for our Immigration Network list serve, which distributes monthly updates about FCNL's work on immigration.
For the sake of comparison, the number of Quakers worldwide is about 360,000.
Immigration detention has drastically expanded in the past fifteen years. The number of immigrants held annually in jail-like detention facilities has tripled since 1996. Even under the Obama administration, these numbers keep on rising.
To justify this dramatic increase, ICE officials have repeatedly stated that the agency focuses on arresting, detaining, and deporting "dangerous criminal aliens" who pose a threat to public safety or national security.
Now, a recent ICE memo leaked to the press indicates that ICE is trying to arrest and detain as many people as possible - not just dangerous criminals - in order to meet quotas. According to the memo, ICE has set a goal of detaining at least 400,000 immigrants in 2010. To meet this goal, the memo continues, ICE plans to ramp up efforts to catch undocumented immigrants who had never committed a violent crime - because they can be deported more quickly than those with criminal backgrounds. (ICE later withdrew the memo but declined to offer a public explanation for why it had originally been issued.)
To catch more non-criminal immigrants, ICE relies on controversial local enforcement programs. These programs authorize police officers to enforce immigration laws. As a recent governmental report indicates, local enforcement programs lack oversight and have resulted in the widespread use of racial profiling.As a result, more people get trapped in the broken immigration system every year. Immigration prosecutions have skyrocketed in recent years, overwhelming the courts. Immigration judges lack the resources to process immigration cases in a timely manner. Tens of thousands of immigrants languish in detention facilities as they wait for their cases to be heard, costing taxpayers millions of dollars.
Yet ICE continues to insist that its methods are justified.
This is backwards reasoning. Taxpayers' money should not be wasted on expensive and ineffective enforcement programs. You can't deport your way into a workable immigration system.
We've tried the enforcement-only approach, and it doesn't work. We urgently need immigration reform in order to create a legal immigration system that works for everyone.
Urge your members of Congress to support immigration reform. FCNL has created a new set of talking points for you to use when you contact your senators and representatives. Write a letter to your representative or schedule a lobby visit with your senator today!
To learn more about immigration reform, read FCNL's Statement of Principles on Immigration Reform. Stay up to date by signing up for our Immigration Network list serve, which distributes monthly updates about FCNL's work on immigration.
In Our Community: Immigration News
Welcome back to your local source of up-to-date immigration news. Here is the news on immigration from Monday, March 29 to Monday, April 5. Grab a cup of coffee and enjoy!
Did you know that 383,000 people were detained in immigration jails in 2009? And that ICE plans to detain more than 400,000 people in 2010? The Washington Post leaked a memo from high-ranking officials within ICE, indicating that ICE is trying to arrest and detain as many people as possible - not just dangerous criminals - in order to meet quotas. This memo caused an uproar in the civil rights advocacy community. ICE has a serious and urgent question to answer: Who does the agency focus on - "dangerous criminals" or simply people who look "foreign"?
ICE's enforcement programs cast an extremely wide net, dragging in not only undocumented immigrants who have not committed any crimes but also green card holders and even US citizens. These programs, often implemented by police officers, lack critical oversight measures and often lead to discrimination. The DHS Inspector General just released a report revealing the fundamental flaws of the 287(g) program, which deputizes state and local law enforcement agencies to enforce immigration laws. Federal immigration law should only be enforced by federal agents, so that the police can focus on protecting their communities. FCNL maintains that the 287(g) program should be immediately terminated.
Immigration detention facilities are terrifying places to be detained, and all the more so if you are coping with a disability or a history of trauma. A recent report from the New York Times reveals that immigrants with disabilities are routinely mistreated - denied medication, transferred to detention facilities far away from their families, and deported without proper arrangements for care. In other news, we recently learned that 30 Haitian survivors of the earthquake were shuffled onto planes, taken to the US, then detained in Florida even though deportations to Haiti have been suspended indefinitely. Advocates rushed to the cause and half of this group has been released; the fate of the others remains to be seen.
But enough about detention - what's happening on the border? Even though DHS Secretary Napolitano recently halted any further construction of a virtual fence on the border, some politicians still think that militarizing the border is the right answer. On March 29, Senator McCain (AZ) called for the National Guard to be sent to the border to protect US citizens. Such a deployment would set a dangerous precedent. The US is not at war with Mexico and militarizing the border is no substitute for the creation of a workable immigration policy that allows people to migrate in a legal, orderly manner. Senator McCain should push for immigration reform, not troops.
The search continues for a second Republican to introduce an immigration reform bill in the Senate, with Senators Schumer (NY) and Graham (SC). Meanwhile, FCNL has created new talking points and a revised statement of principles on immigration reform. You can share these with your members of Congress and urge them to support just, humane immigration reform.
Did you know that 383,000 people were detained in immigration jails in 2009? And that ICE plans to detain more than 400,000 people in 2010? The Washington Post leaked a memo from high-ranking officials within ICE, indicating that ICE is trying to arrest and detain as many people as possible - not just dangerous criminals - in order to meet quotas. This memo caused an uproar in the civil rights advocacy community. ICE has a serious and urgent question to answer: Who does the agency focus on - "dangerous criminals" or simply people who look "foreign"?
ICE's enforcement programs cast an extremely wide net, dragging in not only undocumented immigrants who have not committed any crimes but also green card holders and even US citizens. These programs, often implemented by police officers, lack critical oversight measures and often lead to discrimination. The DHS Inspector General just released a report revealing the fundamental flaws of the 287(g) program, which deputizes state and local law enforcement agencies to enforce immigration laws. Federal immigration law should only be enforced by federal agents, so that the police can focus on protecting their communities. FCNL maintains that the 287(g) program should be immediately terminated.
Immigration detention facilities are terrifying places to be detained, and all the more so if you are coping with a disability or a history of trauma. A recent report from the New York Times reveals that immigrants with disabilities are routinely mistreated - denied medication, transferred to detention facilities far away from their families, and deported without proper arrangements for care. In other news, we recently learned that 30 Haitian survivors of the earthquake were shuffled onto planes, taken to the US, then detained in Florida even though deportations to Haiti have been suspended indefinitely. Advocates rushed to the cause and half of this group has been released; the fate of the others remains to be seen.
But enough about detention - what's happening on the border? Even though DHS Secretary Napolitano recently halted any further construction of a virtual fence on the border, some politicians still think that militarizing the border is the right answer. On March 29, Senator McCain (AZ) called for the National Guard to be sent to the border to protect US citizens. Such a deployment would set a dangerous precedent. The US is not at war with Mexico and militarizing the border is no substitute for the creation of a workable immigration policy that allows people to migrate in a legal, orderly manner. Senator McCain should push for immigration reform, not troops.
The search continues for a second Republican to introduce an immigration reform bill in the Senate, with Senators Schumer (NY) and Graham (SC). Meanwhile, FCNL has created new talking points and a revised statement of principles on immigration reform. You can share these with your members of Congress and urge them to support just, humane immigration reform.
Monday, November 9, 2009
In Our Community: Immigration News
You've probably been steeped already in the news coverage of the 40th anniversary of Sesame Street. Tear yourself away for a moment (I know, it's hard to compete with the Cookie Monster) and take the time to read about the news on immigration from Monday, November 2 to Monday, November 9.
People from all over the country continue to speak out in unison, saying that the 287(g) program has got to go. This program, which deputizes local police officers to enforce immigration laws, has caused widespread racial and religious profiling. It terrorizes communities by allowing the police to arrest people they suspect of being undocumented immigrants, with little oversight or training. In Tennessee, Jan Snider has written an excellent op-ed on how the 287(g) program tears apart families. This program is broken beyond repair and must be terminated in order to restore trust between police officers and the communities they are charged to protect.
Five men from New York who were detained, abused, and deported just after the attacks of September 11, 2001 have just settled their case with the U.S. government to the tune of $1.26 million. These men were caught up in post-9/11 sweeps that relied primarily on racial and religious profiling and targeted Arab, Muslim, and South Asian men. They had no terrorist ties. They were then abused while in detention - they were beaten, strip-searched, deprived of sleep, and more - and then deported. We commend the Center for Constitutional Rights for assisting these men with a class action lawsuit to expose the human rights violations that the attacks of September 11, 2001 engendered.
Private prison corporations continue to profit off of detaining immigrants who are in deportation proceedings. More than 57% of the immigrants detained by the Department of Homeland Security are held in private prisons. The GEO Group is adding 1,100 beds to its immigration detention facility in Aurora, CO. CCA is trying to get a contract with ICE to build a new 2,200-bed detention center in Los Angeles. These corporations operate for profit, with little oversight of their prison guards and even less concern about the conditions in their detention centers. Privatizing the immigration detention system is not a workable solution to the immigration dilemma. The Department of Homeland Security should work to improve oversight and develop nationwide alternatives to detention for immigrants. Check out our blog series Stories from Detention for more information.
When I was scanning the blogs this week, I came across a valuable article offering four lessons that should encourage lawmakers to keep immigration reform on the Congressional agenda. As the House passes the health care reform bill and the Senate continues to debate, the political will to work on immigration reform may be dissipating. If comprehensive immigration reform is to become a reality during this Congress, it is important to encourage your Members of Congress to keep immigration reform on the agenda. This is not merely a question of fixing a broken immigration system - it is an issue of life and death for many of the immigrants waiting in long visa backlogs or detained in U.S. prisons.
People from all over the country continue to speak out in unison, saying that the 287(g) program has got to go. This program, which deputizes local police officers to enforce immigration laws, has caused widespread racial and religious profiling. It terrorizes communities by allowing the police to arrest people they suspect of being undocumented immigrants, with little oversight or training. In Tennessee, Jan Snider has written an excellent op-ed on how the 287(g) program tears apart families. This program is broken beyond repair and must be terminated in order to restore trust between police officers and the communities they are charged to protect.
Five men from New York who were detained, abused, and deported just after the attacks of September 11, 2001 have just settled their case with the U.S. government to the tune of $1.26 million. These men were caught up in post-9/11 sweeps that relied primarily on racial and religious profiling and targeted Arab, Muslim, and South Asian men. They had no terrorist ties. They were then abused while in detention - they were beaten, strip-searched, deprived of sleep, and more - and then deported. We commend the Center for Constitutional Rights for assisting these men with a class action lawsuit to expose the human rights violations that the attacks of September 11, 2001 engendered.
Private prison corporations continue to profit off of detaining immigrants who are in deportation proceedings. More than 57% of the immigrants detained by the Department of Homeland Security are held in private prisons. The GEO Group is adding 1,100 beds to its immigration detention facility in Aurora, CO. CCA is trying to get a contract with ICE to build a new 2,200-bed detention center in Los Angeles. These corporations operate for profit, with little oversight of their prison guards and even less concern about the conditions in their detention centers. Privatizing the immigration detention system is not a workable solution to the immigration dilemma. The Department of Homeland Security should work to improve oversight and develop nationwide alternatives to detention for immigrants. Check out our blog series Stories from Detention for more information.
When I was scanning the blogs this week, I came across a valuable article offering four lessons that should encourage lawmakers to keep immigration reform on the Congressional agenda. As the House passes the health care reform bill and the Senate continues to debate, the political will to work on immigration reform may be dissipating. If comprehensive immigration reform is to become a reality during this Congress, it is important to encourage your Members of Congress to keep immigration reform on the agenda. This is not merely a question of fixing a broken immigration system - it is an issue of life and death for many of the immigrants waiting in long visa backlogs or detained in U.S. prisons.
Wednesday, October 21, 2009
Rep. Jared Polis Speaks Out Against 287(g) Program for Creating "Sweep of Terror"
In a floor speech today, Representative Jared Polis (CO) spoke out against the federal 287(g) program, which deputizes local police officers to enforce immigration laws. This program has caused widespread racial and religious profiling -- as Rep. Polis acknowledged, it has caused a "sweep of terror" in communities around the country.
Rep. Polis spoke in reaction to the announcement that the Department of Homeland Security is in the process of signing 67 agreements with local law enforcement agencies for this program. The text of his speech is as follows:
M. Speaker – I rise today in strong opposition to the Federal 287(g) program. This unconscionable program authorizes local governments to carry out immigration law compliance, threatening law enforcement and our constitutional protections.
We’ve seen Sheriff Arpaio of Maricopa County, Arizona despicably racially profile and round up Latinos in front of TV cameras as he has enforced his 287(g) power. We’ve watched in horror as he and others—a disgrace to the uniforms that they wear—have detained people based solely upon the color of their skin.
Arpaio is now thankfully under investigation for civil rights violations for his discriminatory, unconstitutional searches and seizures. Nevertheless, I’m sad to announce that last Friday afternoon ICE announced 287(g) agreements with sixty-seven state and local law enforcement agencies across the country.
287(g) scares victims and witnesses of crimes to avoid contacting police for fear of being mistreated. 287(g) invites exploitation by those who know that they won’t be reported to police, because it combines the contradictory duties into the same police force.
What is the result? A sweep of terror that has frightened legal and undocumented immigrants into hiding, undermining both law enforcement efforts across our country. 287(g) programs undermine the spirit and text of the U.S. Constitution, and I encourage Congress to repeal 287 (g). Thank you.
Here at FCNL, we applaud Rep. Polis for speaking out on this important issue. We urge Congress to terminate the 287(g) program.
Rep. Polis spoke in reaction to the announcement that the Department of Homeland Security is in the process of signing 67 agreements with local law enforcement agencies for this program. The text of his speech is as follows:
M. Speaker – I rise today in strong opposition to the Federal 287(g) program. This unconscionable program authorizes local governments to carry out immigration law compliance, threatening law enforcement and our constitutional protections.
We’ve seen Sheriff Arpaio of Maricopa County, Arizona despicably racially profile and round up Latinos in front of TV cameras as he has enforced his 287(g) power. We’ve watched in horror as he and others—a disgrace to the uniforms that they wear—have detained people based solely upon the color of their skin.
Arpaio is now thankfully under investigation for civil rights violations for his discriminatory, unconstitutional searches and seizures. Nevertheless, I’m sad to announce that last Friday afternoon ICE announced 287(g) agreements with sixty-seven state and local law enforcement agencies across the country.
287(g) scares victims and witnesses of crimes to avoid contacting police for fear of being mistreated. 287(g) invites exploitation by those who know that they won’t be reported to police, because it combines the contradictory duties into the same police force.
What is the result? A sweep of terror that has frightened legal and undocumented immigrants into hiding, undermining both law enforcement efforts across our country. 287(g) programs undermine the spirit and text of the U.S. Constitution, and I encourage Congress to repeal 287 (g). Thank you.
Here at FCNL, we applaud Rep. Polis for speaking out on this important issue. We urge Congress to terminate the 287(g) program.
Monday, October 19, 2009
In Our Community: Immigration News
Immigration was all over the headlines last week! Enjoy these snippets of the news from Monday, October 12 to Monday, October 19. If you have the time, you can also take a look at the post just below, which is the first installment of Stories from Detention, a six-week series that I'll put up every Friday between now and Thanksgiving.
If you only read one item this week, be sure to read Representative Luis Gutierrez's (IL) principles on comprehensive immigration reform that he just released on October 13th. These principles outline the progressive bill that he is expected to introduce sometime in the next few weeks. Click here for my original post about how these principles match up with our priorities, and check back soon for FCNL's statement in response to the principles. I'm looking forward very much to the introduction of this bill.
So if you thought Halloween was all fun and games, think again. This week, Target, Walgreens, and Amazon were selling "Illegal Alien" costumes, complete with an orange jumpsuit, a space alien mask, and a fake green card. The jumpsuits have the words "Illegal Alien" stamped across the chest. I am shocked and surprised - it is irresponsible of these corporations to offer such offensive costumes. Congratulations to CHIRLA (the Coalition for Humane Immigrant Rights of Los Angeles) and other pro-migrant organizations for petitioning these companies to stop selling this costume. Please speak out if you see these costumes for sale in your local stores.
There was a significant achievement for the border this week: members of the House removed a provision in the DHS Appropriations bill that would have allocated federal money to build 300 miles of pedestrian fencing on the US-Mexico border. Lawmakers claimed that the provision would be "wasteful spending." Also on the border, kidnappings of migrants have become more frequent, a concerning trend for those seeking economic security and a better life in the United States.
However, there's another amendment to watch out for: Senator David Vitter (LA) has introduced an amendment in the Commerce-Justice-Science Appropriations bill that would add a question to the Census about immigration status. FCNL opposes this amendment. The Census was intended to count everyone, not just citizens. If this amendment passes, it would discourage participation in the Census, resulting in a less accurate count of the U.S. population, and it would cost billions of taxpayer dollars to change the Census questions now. We urge the Senate to vote down this amendment.
At the Port Isabel detention center in Texas, 49 immigrant detainees have begun a hunger strike to protest the slow processing of their cases. The United States will detain more than 440,000 immigrants by the end of the year, and 84% of them will not have legal representation. Check out next week's post of Stories from Detention to learn more about how immigrants in detention are denied their right to a fair day in court.
Immigrants seeking to reunite with their loved ones often have to wait years, or even decades, to bring their spouses and children to the United States. Now, a federal judge in Los Angeles has ruled that children waiting to join their parents have to re-apply for visas all over again if they turn 21 before their original visa application is processed. So, if I were to apply for my child to join me when she was 15 years old, and she then waited in line for 6 years and turned 21, she would have to go to the end of the line and start all over again. Families who are separated for this long experience severe emotional and financial hardship. The solution lies not in forcing people to wait in line for years on end, but in adjusting the family-based immigration system so people seeking to immigrate legally to the United States can do so in a reasonable time frame.
October 15th was the last day for counties to re-sign their agreements with DHS, under the 287(g) program, which allows local police officers to enforce immigration laws. This program has caused widespread racial and religious profiling, most visibly in the case of Sheriff Joe Arpaio in Arizona. When police officers focus their efforts on harassing immigrants, they do not spend enough time dealing with real safety and security concerns in their communities. In addition, immigrants (particularly women) in unsafe situations may hesitate to call the police if they think they could be deported for reporting domestic violence, for instance. Unfortunately, as the National Immigration Forum blogged, these renewed agreements do not create enough oversight to prevent discrimination from occuring.
I'll leave you with some good news. The National Association for Evangelicals has come out in favor of comprehensive immigration reform. Their resolution lends strength to the faith-based perspective on the need for reform now. A couple of different media sources are also musing on the need for reform. For The Hill's perspective, click here.
Thanks for reading, and stay tuned for more updates on the upcoming Gutierrez bill!
If you only read one item this week, be sure to read Representative Luis Gutierrez's (IL) principles on comprehensive immigration reform that he just released on October 13th. These principles outline the progressive bill that he is expected to introduce sometime in the next few weeks. Click here for my original post about how these principles match up with our priorities, and check back soon for FCNL's statement in response to the principles. I'm looking forward very much to the introduction of this bill.
So if you thought Halloween was all fun and games, think again. This week, Target, Walgreens, and Amazon were selling "Illegal Alien" costumes, complete with an orange jumpsuit, a space alien mask, and a fake green card. The jumpsuits have the words "Illegal Alien" stamped across the chest. I am shocked and surprised - it is irresponsible of these corporations to offer such offensive costumes. Congratulations to CHIRLA (the Coalition for Humane Immigrant Rights of Los Angeles) and other pro-migrant organizations for petitioning these companies to stop selling this costume. Please speak out if you see these costumes for sale in your local stores.
There was a significant achievement for the border this week: members of the House removed a provision in the DHS Appropriations bill that would have allocated federal money to build 300 miles of pedestrian fencing on the US-Mexico border. Lawmakers claimed that the provision would be "wasteful spending." Also on the border, kidnappings of migrants have become more frequent, a concerning trend for those seeking economic security and a better life in the United States.
However, there's another amendment to watch out for: Senator David Vitter (LA) has introduced an amendment in the Commerce-Justice-Science Appropriations bill that would add a question to the Census about immigration status. FCNL opposes this amendment. The Census was intended to count everyone, not just citizens. If this amendment passes, it would discourage participation in the Census, resulting in a less accurate count of the U.S. population, and it would cost billions of taxpayer dollars to change the Census questions now. We urge the Senate to vote down this amendment.
At the Port Isabel detention center in Texas, 49 immigrant detainees have begun a hunger strike to protest the slow processing of their cases. The United States will detain more than 440,000 immigrants by the end of the year, and 84% of them will not have legal representation. Check out next week's post of Stories from Detention to learn more about how immigrants in detention are denied their right to a fair day in court.
Immigrants seeking to reunite with their loved ones often have to wait years, or even decades, to bring their spouses and children to the United States. Now, a federal judge in Los Angeles has ruled that children waiting to join their parents have to re-apply for visas all over again if they turn 21 before their original visa application is processed. So, if I were to apply for my child to join me when she was 15 years old, and she then waited in line for 6 years and turned 21, she would have to go to the end of the line and start all over again. Families who are separated for this long experience severe emotional and financial hardship. The solution lies not in forcing people to wait in line for years on end, but in adjusting the family-based immigration system so people seeking to immigrate legally to the United States can do so in a reasonable time frame.
October 15th was the last day for counties to re-sign their agreements with DHS, under the 287(g) program, which allows local police officers to enforce immigration laws. This program has caused widespread racial and religious profiling, most visibly in the case of Sheriff Joe Arpaio in Arizona. When police officers focus their efforts on harassing immigrants, they do not spend enough time dealing with real safety and security concerns in their communities. In addition, immigrants (particularly women) in unsafe situations may hesitate to call the police if they think they could be deported for reporting domestic violence, for instance. Unfortunately, as the National Immigration Forum blogged, these renewed agreements do not create enough oversight to prevent discrimination from occuring.
I'll leave you with some good news. The National Association for Evangelicals has come out in favor of comprehensive immigration reform. Their resolution lends strength to the faith-based perspective on the need for reform now. A couple of different media sources are also musing on the need for reform. For The Hill's perspective, click here.
Thanks for reading, and stay tuned for more updates on the upcoming Gutierrez bill!
Monday, October 12, 2009
In Our Community: Immigration News
Here we go: The news on immigration from Monday, October 5 to Monday, October 12. Happy reading!
Sheriff Joe Arpaio, in Arizona, has made the news again. Deputized under the 287(g) agreement to enforce immigration laws, Sheriff Arpaio has used his expanded powers to engage in widespread racial profiling, terrorize communities, and make mass arrests. As the New York Times editorializes, "Sheriff Arpaio has a long, ugly record of abusing and humiliating inmates." He says that he has already arrested more than 32,000 people on immigration charges, based almost entirely on racial profiling in Hispanic communities. Now, the Department of Homeland Security (DHS) has cut back their agreement with Sheriff Arpaio's office. Under the new agreement, Sheriff Arpaio will not be able to enforce immigration laws on the streets, but he will still be able to do so in jails in his county. We at FCNL maintain that federal immigration law should only be enforced by federal agents. The 287(g) program should be dismantled. As a first step, we urge DHS to cancel, in full, their agreement with Sheriff Arpaio.
In other communities around the country, including in Los Angeles, new agreements under the 287(g) program are being created, amidst much criticism. (In that vein, we encourage Mayor Bill White of Houston, TX, to choose not to participate in the 287(g) program.) When local police officers enforce federal immigration law, there is a trade-off. As more of their time is spent arresting, processing, transporting, and detaining people suspected of being undocumented immigrants, less of their time is spent attending to the legitimate safety and security concerns of their communities. This trade-off weakens communities and discourages crime reporting. See this article by Irasema Garza, of Legal Momentum, about how the 287(g) agreement discourages immigrant women from reporting domestic violence, sexual abuse, and workplace exploitation.
The costs of the 287(g) program are simply too high to be sustained.
In brighter news, Thomas E. Perez was just confirmed as the assistant attorney general for the Civil Rights Division of the Justice Department. Perez will hold the country's top civil rights post. His confirmation is long overdue - President Obama nominated him in March - but we look forward to his efforts to combat discrimination against immigrants, communities of color, and other vulnerable populations.
Back to the legislative side of things: How's comprehensive immigration reform looking? Stay tuned, because tomorrow, on October 13th, Representative Luis Gutierrez will be releasing the principles for his progressive bill on immigration reform. It is our sincere hope that this bill contains strong provisions to promote family unity, create reasonable pathways to citizenship and legal status, ensure rights and protections for all workers, and reform the detention system.
Now that health care reform is moving forward in the Senate, a number of media outlets are also looking at what's ahead. Click here for Newsweek's assessment of the push for comprehensive immigration reform. This is what Roll Call is saying about the timeline for the Senate bill.
Speaking of health care, the Migration Policy Institute has just released a report, "Immigrants and Health Care Reform: What's Really at Stake?" This report finds that excluding green card holders from accessing benefits goes against the core priority of the health care reforms: making sure that this country's uninsured population is covered. If legal immigrants are not insured for basic and preventative care, they may be forced to rely primarily on emergency care, which stresses the health care system. In addition, imposing costly verification requirements would negatively affect U.S. citizens who are not readily able to prove their legal status. Take a look at the report for additional findings based on Census data.
Sheriff Joe Arpaio, in Arizona, has made the news again. Deputized under the 287(g) agreement to enforce immigration laws, Sheriff Arpaio has used his expanded powers to engage in widespread racial profiling, terrorize communities, and make mass arrests. As the New York Times editorializes, "Sheriff Arpaio has a long, ugly record of abusing and humiliating inmates." He says that he has already arrested more than 32,000 people on immigration charges, based almost entirely on racial profiling in Hispanic communities. Now, the Department of Homeland Security (DHS) has cut back their agreement with Sheriff Arpaio's office. Under the new agreement, Sheriff Arpaio will not be able to enforce immigration laws on the streets, but he will still be able to do so in jails in his county. We at FCNL maintain that federal immigration law should only be enforced by federal agents. The 287(g) program should be dismantled. As a first step, we urge DHS to cancel, in full, their agreement with Sheriff Arpaio.
In other communities around the country, including in Los Angeles, new agreements under the 287(g) program are being created, amidst much criticism. (In that vein, we encourage Mayor Bill White of Houston, TX, to choose not to participate in the 287(g) program.) When local police officers enforce federal immigration law, there is a trade-off. As more of their time is spent arresting, processing, transporting, and detaining people suspected of being undocumented immigrants, less of their time is spent attending to the legitimate safety and security concerns of their communities. This trade-off weakens communities and discourages crime reporting. See this article by Irasema Garza, of Legal Momentum, about how the 287(g) agreement discourages immigrant women from reporting domestic violence, sexual abuse, and workplace exploitation.
The costs of the 287(g) program are simply too high to be sustained.
In brighter news, Thomas E. Perez was just confirmed as the assistant attorney general for the Civil Rights Division of the Justice Department. Perez will hold the country's top civil rights post. His confirmation is long overdue - President Obama nominated him in March - but we look forward to his efforts to combat discrimination against immigrants, communities of color, and other vulnerable populations.
Back to the legislative side of things: How's comprehensive immigration reform looking? Stay tuned, because tomorrow, on October 13th, Representative Luis Gutierrez will be releasing the principles for his progressive bill on immigration reform. It is our sincere hope that this bill contains strong provisions to promote family unity, create reasonable pathways to citizenship and legal status, ensure rights and protections for all workers, and reform the detention system.
Now that health care reform is moving forward in the Senate, a number of media outlets are also looking at what's ahead. Click here for Newsweek's assessment of the push for comprehensive immigration reform. This is what Roll Call is saying about the timeline for the Senate bill.
Speaking of health care, the Migration Policy Institute has just released a report, "Immigrants and Health Care Reform: What's Really at Stake?" This report finds that excluding green card holders from accessing benefits goes against the core priority of the health care reforms: making sure that this country's uninsured population is covered. If legal immigrants are not insured for basic and preventative care, they may be forced to rely primarily on emergency care, which stresses the health care system. In addition, imposing costly verification requirements would negatively affect U.S. citizens who are not readily able to prove their legal status. Take a look at the report for additional findings based on Census data.
Thursday, October 8, 2009
United Nations Condemns Racial Discrimination in the United States
I hope that you'll take a moment to read this press release from the ACLU on a letter by the U.N. Committee on the Elimination of Racial Discrimination calling for an end to racial profiling in the U.S. immigration system.
U.N. Human Rights Body Issues Decisive Observations On Racial Discrimination In U.S.
Committee On The Elimination Of Racial Discrimination Finds Progress Lacking And Calls For Legislation
Committee On The Elimination Of Racial Discrimination Finds Progress Lacking And Calls For Legislation
NEW YORK – In a letter to the Obama administration made public by the American Civil Liberties Union today, the United Nations Committee on the Elimination of Racial Discrimination expressed concerns over a lack of progress to end racial discrimination in the United States. The letter urged the Obama administration and Congress to do more to end racial profiling, strengthen efforts to provide adequate and affordable housing to the victims of Hurricane Katrina, end the practice of sentencing juveniles – most of whom are persons of color – to life sentences without parole and address the deprivation of Western Shoshone American Indians of their ancestral lands.
"The message from the committee is a stark reminder of how much remains to be done to achieve racial equality. Full implementation and enforcement of human rights treaty obligations are critical for making real progress at home and for U.S. leadership on human rights abroad," said Jamil Dakwar, Director of the ACLU Human Rights Program. "The Obama administration must change gears and prioritize human rights at home. The committee's recommendations offer a blueprint to end racial discrimination and promote equal opportunity."
The committee's observations came after reviewing a one-year follow-up report submitted by the U.S. government to the committee in January 2009, days before the end of the Bush administration. That report aimed to demonstrate compliance with the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which the U.S. ratified in 1994. Based on shadow reports from nongovernmental organizations – including an ACLU and Rights Working Group (RWG) report on racial profiling – the committee, in its letter to the Obama administration, urged the U.S. to "make all efforts to pass the End Racial Profiling Act (ERPA)" and to review the 2003 Guidance Regarding the Use of Race by Federal Law Enforcement Agencies, "with a view to avoiding any ambiguous language that may provide a loophole allowing for actions to constitute racial profiling."
In its letter, the CERD committee also urged the U.S. government "to review the National Entry and Exit Registration System (NSEERS), with the view of avoiding racial profiling in migration policies," and to reconsider a program – known as 287(g) – that allows certain state and local law enforcement agencies to engage in federal immigration enforcement activities and has been widely criticized as fostering racial profiling and draining local police resources.
"After 9/11, the U.S. government has increasingly used immigration enforcement as a proxy to target Muslim, Arab and South Asian communities," said Margaret Huang, Executive Director of the Rights Working Group. "The conflation of immigration law with 'national security' concerns has resulted in immigration enforcement programs that foster illegal racial profiling for immigrant communities across the board. The United States government should implement the committee's recommendations and should work to end programs like NSEERS and 287(g) which have been applied discriminatorily, resulting in racial and religious profiling and numerous human rights violations."
"The best way to rid the nation of the scourge of racial and ethnic profiling and bring this country into conformity with both the Constitution and international human rights obligations is to pass the End Racial Profiling Act (ERPA)," said Chandra Bhatnagar, staff attorney with the ACLU Human Rights Program. "ERPA would ban the practice of racial profiling by federal law enforcement agencies and provide federal funding to state and local police departments if they adopt policies to prohibit the practice. Passing this act would demonstrate that the U.S. is committed to meeting the standards set by the CERD."
The committee is an independent group of 18 human rights experts that oversee compliance with CERD. In March 2008, the committee issued a strongly worded critique of the U.S. record on racial discrimination and recommendations for U.S. compliance with the CERD treaty. The Bush administration report submitted in January to demonstrate compliance was criticized by many human rights groups as a last-minute whitewash report and full of omissions.
The CERD letter to the U.S. Government is available online at: www.aclu.org/intlhumanrights/racialjustice/41258res20090928.html
The Bush administration's January submission to CERD is available online at: www.state.gov/documents/organization/113905.pdf
The ACLU and RWG's report to CERD is available online at: www.aclu.org/intlhumanrights/racialjustice/40055pub20090629.html
The CERD 2008 concluding recommendations are available online at: www.aclu.org/intlhumanrights/racialjustice/34375res20080307.html
Monday, October 5, 2009
In Our Community: Immigration News
As the fall foliage emerges in D.C. and mark-ups on the health care bill draw to a close, immigration issues still continue to make headlines. Here's the news on immigration from Monday, September 28 to Monday, October 5.
The Senate Subcommittee on Immigration, Refugees, and Border Security, chaired by Senator Schumer (NY), has rescheduled its hearing on "Comprehensive Immigration Reform: Faith-Based Perspectives." This hearing will now take place on October 8 at 3:00 PM. To watch the hearing live on webcast, click here. There is not yet an updated list of speakers giving testimony at the hearing. When the original list of speakers was released, the majority of those selected were from an evangelical background. Here at FCNL, we appreciate Senator Schumer's willingness to include faith-based communities in the conversation on immigration reform. However, we are concerned that for this hearing to be an interfaith hearing, leaders of diverse religious backgrounds must be invited to give testimony. In order to offer our perspective, we have submitted a statement to the Subcommittee to go on the record for the hearing.
Pathways to citizenship were all over the news this week! U.S. Citizenship and Immigration Services (CIS) announced that, in anticipation of immigration reform, they would be preparing to process an increased number of visa applications. The bureaucratic backlogs in CIS have contributed significantly to the delays that immigrants experience in seeking green cards and, eventually, citizenship. However, for the moment, citizenship applications require such high fees that many immigrants, at least in Massachusetts as this article reports, may be discouraged from applying. According to this article, in the past twenty years, U.S. fees for citizenship have risen from $60 to $675. By giving immigrant families a stronger sense of stability, reasonable pathways to citizenship strengthen communities and promote integration.
Congratulations to Framingham, MA, and Barnstable, MA, for choosing to no longer have local police enforcing immigration laws! Two years ago, Framingham Chief Steven Carl had agreed to partner with federal immigration authorities under the 287(g) program but, just this week, he decided to withdraw his agreement. The reason? Federal officials had asked him to expand his enforcement activities by detaining immigrants, transporting them, and testifying in immigration courts. Barnstable's local enforcement program is also shutting down. We commend these police departments for recognizing that immigration enforcement activities should only be carried out by federal authorities, not local police officers. As Carl said, "It doesn't benefit the police department to engage in deportation and immigration enforcement."
A U.S. government task force also recommended that the Department of Homeland Security scale back the 287(g) program, which currently allows local police to enforce immigration laws. This program has frequently been used to justify racial and religious profiling.
In more sobering news, the number of undocumented immigrant deaths have increased along the Arizona-Mexico border by 20 percent this fiscal year. Humanitarian organizations regularly put water and other essential supplies on routes frequented by undocumented immigrants. However, 191 deaths have been recorded this year so far, and when accounting for unrecorded deaths, the number must be even higher.
So what's going on with immigration in the health care bill? Among hundreds of amendments considered by the Senate Finance Committee, two important ones were voted down. These amendments would have required people to present photo ID when signing up for health insurance programs. Democrats in the Committee rejected the amendments as unnecessarily stringent, saying that they would unintentionally restrict access for poor U.S. citizens, who sometimes do not have IDs. (The bill already requires people to verify their names, places of birth, and Social Security numbers.) The Committee also rejected amendments that would have required legal immigrants to wait five years before accessing health care benefits. Under current law, legal immigrants must wait five years to receive Medicaid benefits.
The Supreme Court is back this week, and it will be examining a case in which a man in U.S. immigration custody died because of insufficient medical treatment. Held in a detention center in California and suffering from cancer, Francisco Castaneda did not receive appropriate medical care even though several doctors in the detention system recommended treatment. He died in 2008. The case is being filed on the grounds of medical negligence and the violation of Castaneda's constitutional rights.
We still expect that bills on immigration reform will be introduced in Congress soon, and organizations are calling for speedy action. This article reports that local churches are holding events designed to increase public awareness about the need for immigration reform. This article tells the story of one family's experience of immigration and their commitment to ensuring dignity and fairness for all who are affected by the U.S. immigration system. And, finally, this article draws connections between the experiences of Chinese immigrants in the early 20th century and the experiences of undocumented immigrants today.
The Senate Subcommittee on Immigration, Refugees, and Border Security, chaired by Senator Schumer (NY), has rescheduled its hearing on "Comprehensive Immigration Reform: Faith-Based Perspectives." This hearing will now take place on October 8 at 3:00 PM. To watch the hearing live on webcast, click here. There is not yet an updated list of speakers giving testimony at the hearing. When the original list of speakers was released, the majority of those selected were from an evangelical background. Here at FCNL, we appreciate Senator Schumer's willingness to include faith-based communities in the conversation on immigration reform. However, we are concerned that for this hearing to be an interfaith hearing, leaders of diverse religious backgrounds must be invited to give testimony. In order to offer our perspective, we have submitted a statement to the Subcommittee to go on the record for the hearing.
Pathways to citizenship were all over the news this week! U.S. Citizenship and Immigration Services (CIS) announced that, in anticipation of immigration reform, they would be preparing to process an increased number of visa applications. The bureaucratic backlogs in CIS have contributed significantly to the delays that immigrants experience in seeking green cards and, eventually, citizenship. However, for the moment, citizenship applications require such high fees that many immigrants, at least in Massachusetts as this article reports, may be discouraged from applying. According to this article, in the past twenty years, U.S. fees for citizenship have risen from $60 to $675. By giving immigrant families a stronger sense of stability, reasonable pathways to citizenship strengthen communities and promote integration.
Congratulations to Framingham, MA, and Barnstable, MA, for choosing to no longer have local police enforcing immigration laws! Two years ago, Framingham Chief Steven Carl had agreed to partner with federal immigration authorities under the 287(g) program but, just this week, he decided to withdraw his agreement. The reason? Federal officials had asked him to expand his enforcement activities by detaining immigrants, transporting them, and testifying in immigration courts. Barnstable's local enforcement program is also shutting down. We commend these police departments for recognizing that immigration enforcement activities should only be carried out by federal authorities, not local police officers. As Carl said, "It doesn't benefit the police department to engage in deportation and immigration enforcement."
A U.S. government task force also recommended that the Department of Homeland Security scale back the 287(g) program, which currently allows local police to enforce immigration laws. This program has frequently been used to justify racial and religious profiling.
In more sobering news, the number of undocumented immigrant deaths have increased along the Arizona-Mexico border by 20 percent this fiscal year. Humanitarian organizations regularly put water and other essential supplies on routes frequented by undocumented immigrants. However, 191 deaths have been recorded this year so far, and when accounting for unrecorded deaths, the number must be even higher.
So what's going on with immigration in the health care bill? Among hundreds of amendments considered by the Senate Finance Committee, two important ones were voted down. These amendments would have required people to present photo ID when signing up for health insurance programs. Democrats in the Committee rejected the amendments as unnecessarily stringent, saying that they would unintentionally restrict access for poor U.S. citizens, who sometimes do not have IDs. (The bill already requires people to verify their names, places of birth, and Social Security numbers.) The Committee also rejected amendments that would have required legal immigrants to wait five years before accessing health care benefits. Under current law, legal immigrants must wait five years to receive Medicaid benefits.
The Supreme Court is back this week, and it will be examining a case in which a man in U.S. immigration custody died because of insufficient medical treatment. Held in a detention center in California and suffering from cancer, Francisco Castaneda did not receive appropriate medical care even though several doctors in the detention system recommended treatment. He died in 2008. The case is being filed on the grounds of medical negligence and the violation of Castaneda's constitutional rights.
We still expect that bills on immigration reform will be introduced in Congress soon, and organizations are calling for speedy action. This article reports that local churches are holding events designed to increase public awareness about the need for immigration reform. This article tells the story of one family's experience of immigration and their commitment to ensuring dignity and fairness for all who are affected by the U.S. immigration system. And, finally, this article draws connections between the experiences of Chinese immigrants in the early 20th century and the experiences of undocumented immigrants today.
Tuesday, September 8, 2009
In Our Community: Immigration News
News on immigration from Monday, August 31 to Tuesday, September 8. Happy reading!
The Media That Matters film festival has released a short documentary on YouTube, "Exiled in America," which received the festival's Changemaker Award. Angela Torres Camarena recounts the experiences of a legal permanent resident who was detained for a year and a half and then deported, forced to leave behind her five children, all of whom are U.S. citizens.
A New York Times article from September 5 addresses constituents' concerns that health care reform would provide openings for undocumented workers to receive care at others' expense. This article also discusses whether citizenship verification may be required in the health care overhaul, a requirement which would restrict care significantly for immigrant and non-immigrant families unable to readily provide original documents proving their identity. In related news, the state-subsidized health insurance in Massachusetts will no longer cover dental, hospice, or skilled-nursing care for legal immigrants, a change in coverage which will affect at least 31,000 immigrants in that state. However, a report released by the Foundation for Child Development indicates that immigrant youth, boys in particular, are at high risk for obesity.
A study on low-wage workers across multiple states has contributed strong evidence on issues that FCNL has been calling attention to for some time now, namely that low-wage workers (including immigrants) are regularly paid less than minimum wage, discouraged from filing workers' compensation, and denied overtime pay. Wage-law violations will hopefully be addressed in comprehensive immigration reform. (See a New York Times article for a brief summary of the report.)
In a step that will benefit immigrants and non-immigrants alike, Attorney General Eric Holder announced that the Justice Department's Civil Rights Division will be ramped up to address structural and institutional discrimination in fields such as housing, employment, and voting rights.
In more local news, a Baptist pastor in Texas has announced that he will go on a hunger strike from September 7 to September 13 to protest the expansion of Section 287(g) of the Immigration and Nationalization Act to include Houston, TX. Section 287(g) permits local law enforcement to act as federal immigration officers, a policy which opponents say encourages racial profiling and discrimination. Here is an article on a man in New York facing deportation who has received an outpouring of support from his local community. And here, an article from the New York Times discusses a new report on anti-immigrant sentiments in Suffolk County, NY, which have led to a number of brutal attacks on Latinos in the area.
I'll leave you with a beautiful blog entry by Maira Kalman, "I Lift My Lamp Beside the Golden Door." Her sketches on immigration and diversity are heart-warming and thought-provoking. Enjoy!
The Media That Matters film festival has released a short documentary on YouTube, "Exiled in America," which received the festival's Changemaker Award. Angela Torres Camarena recounts the experiences of a legal permanent resident who was detained for a year and a half and then deported, forced to leave behind her five children, all of whom are U.S. citizens.
A New York Times article from September 5 addresses constituents' concerns that health care reform would provide openings for undocumented workers to receive care at others' expense. This article also discusses whether citizenship verification may be required in the health care overhaul, a requirement which would restrict care significantly for immigrant and non-immigrant families unable to readily provide original documents proving their identity. In related news, the state-subsidized health insurance in Massachusetts will no longer cover dental, hospice, or skilled-nursing care for legal immigrants, a change in coverage which will affect at least 31,000 immigrants in that state. However, a report released by the Foundation for Child Development indicates that immigrant youth, boys in particular, are at high risk for obesity.
A study on low-wage workers across multiple states has contributed strong evidence on issues that FCNL has been calling attention to for some time now, namely that low-wage workers (including immigrants) are regularly paid less than minimum wage, discouraged from filing workers' compensation, and denied overtime pay. Wage-law violations will hopefully be addressed in comprehensive immigration reform. (See a New York Times article for a brief summary of the report.)
In a step that will benefit immigrants and non-immigrants alike, Attorney General Eric Holder announced that the Justice Department's Civil Rights Division will be ramped up to address structural and institutional discrimination in fields such as housing, employment, and voting rights.
In more local news, a Baptist pastor in Texas has announced that he will go on a hunger strike from September 7 to September 13 to protest the expansion of Section 287(g) of the Immigration and Nationalization Act to include Houston, TX. Section 287(g) permits local law enforcement to act as federal immigration officers, a policy which opponents say encourages racial profiling and discrimination. Here is an article on a man in New York facing deportation who has received an outpouring of support from his local community. And here, an article from the New York Times discusses a new report on anti-immigrant sentiments in Suffolk County, NY, which have led to a number of brutal attacks on Latinos in the area.
I'll leave you with a beautiful blog entry by Maira Kalman, "I Lift My Lamp Beside the Golden Door." Her sketches on immigration and diversity are heart-warming and thought-provoking. Enjoy!
Monday, July 20, 2009
In Our Community: Immigration News
Immigration-related news from June 15 to June 20. Enjoy!
Some Senators used amendments to the Senate Appropriations Bill for fiscal year 2010 to show just how strong they could be on immigration, in anticipation of this fall's upcoming immigration debate that is sure to polarize members into enforcement and path to legalization camps. Republican Senators Vitter, Sessions, Grassley and DeMint all introduced enforcement-heavy amendments to the bill.
Here's a great overview of what we expect to see when the immigration debate heats up this fall. Includes advantages and disadvantages of the E-verify system, and where the major players will line up when the debate hits the floors of Senate and House this fall. For info on the REAL ID debate, this article has it all. Here's another article with details on the employee identification debate.
Julia Harumi Mass from the Sacramento Bee writes an impassioned plea for comprehensive immigration reform here.
A new decision by the Obama Administration makes it easier for foreign women who are victims of domestic abuse to gain asylum in the United States. This comes after 8 years of stasis from the Bush Administration, where immigration courts were theatres of inaction on the subject of battered women seeking refugee status.
On a related note, Department of Homeland Security has moved to expand the 287(g) program, which enlists local law enforcement to root out undocumented immigrants in counties across the U.S. Although the program has re-prioritized by making criminals migrants their most important targets and by providing nationwide oversight rules, the program may be bad news for victims of domestic abuse, who will be more reticent to report their grievances for fear of being deported or detained. The New York Daily News' Albor Ruiz weighs in on the 287(g) debate here. The ACLU opines on the 287(g) program here.
ICE reports here that deportations in Washington, Oregon and Alaska have jumped 10% in the last year, partly due to the Obama Administration's focus on deporting those immigrants with criminal records. Same thing in Maryland. A more personal deportation hearing about a Jamaican immigrant who was finally granted a hearing after 5 and half years in detention.
In Dobbs Ferry, NY, The Children's Village provides a home for undocumented minors. Jose's story is particularly worth reading.
In other detention news, a swine flu outbreak has required 72 detainess to be quarantined, causing many to miss important hearings, even if they might not be officially confirmed to have the virus.
A troubling new decision from the Supreme Court came down June 15, when the court unanimously decided against Manoj Nijhawan, who had been convicted of money laundering over $10,000. The new decision makes it easier for immigration officials to deport individuals based on information based on information not specificially determined by a judge or jury as grounds for a criminal conviction, thereby reducing the objective and consistent standards by which immigrant criminals can be deported.
Caddo Mills, TX considers letting Emerald Correctional Facilities build a 500 to 1,000 bed correctional facility.
Last but not least, the Sheriff Joe Arpaio charade continues here.
That's all folks. Thanks for reading.
Some Senators used amendments to the Senate Appropriations Bill for fiscal year 2010 to show just how strong they could be on immigration, in anticipation of this fall's upcoming immigration debate that is sure to polarize members into enforcement and path to legalization camps. Republican Senators Vitter, Sessions, Grassley and DeMint all introduced enforcement-heavy amendments to the bill.
Here's a great overview of what we expect to see when the immigration debate heats up this fall. Includes advantages and disadvantages of the E-verify system, and where the major players will line up when the debate hits the floors of Senate and House this fall. For info on the REAL ID debate, this article has it all. Here's another article with details on the employee identification debate.
Julia Harumi Mass from the Sacramento Bee writes an impassioned plea for comprehensive immigration reform here.
A new decision by the Obama Administration makes it easier for foreign women who are victims of domestic abuse to gain asylum in the United States. This comes after 8 years of stasis from the Bush Administration, where immigration courts were theatres of inaction on the subject of battered women seeking refugee status.
On a related note, Department of Homeland Security has moved to expand the 287(g) program, which enlists local law enforcement to root out undocumented immigrants in counties across the U.S. Although the program has re-prioritized by making criminals migrants their most important targets and by providing nationwide oversight rules, the program may be bad news for victims of domestic abuse, who will be more reticent to report their grievances for fear of being deported or detained. The New York Daily News' Albor Ruiz weighs in on the 287(g) debate here. The ACLU opines on the 287(g) program here.
ICE reports here that deportations in Washington, Oregon and Alaska have jumped 10% in the last year, partly due to the Obama Administration's focus on deporting those immigrants with criminal records. Same thing in Maryland. A more personal deportation hearing about a Jamaican immigrant who was finally granted a hearing after 5 and half years in detention.
In Dobbs Ferry, NY, The Children's Village provides a home for undocumented minors. Jose's story is particularly worth reading.
In other detention news, a swine flu outbreak has required 72 detainess to be quarantined, causing many to miss important hearings, even if they might not be officially confirmed to have the virus.
A troubling new decision from the Supreme Court came down June 15, when the court unanimously decided against Manoj Nijhawan, who had been convicted of money laundering over $10,000. The new decision makes it easier for immigration officials to deport individuals based on information based on information not specificially determined by a judge or jury as grounds for a criminal conviction, thereby reducing the objective and consistent standards by which immigrant criminals can be deported.
Caddo Mills, TX considers letting Emerald Correctional Facilities build a 500 to 1,000 bed correctional facility.
Last but not least, the Sheriff Joe Arpaio charade continues here.
That's all folks. Thanks for reading.
Advocates Issue Statement Condemning Obama Administration's Expansion of 287(g) Program
Following up on my last post, a group of advocates have issued a statement condemning the Obama administration's expansion of the 287(g) program:
- ADVOCATES ISSUE STATEMENT CONDEMNING OBAMA ADMINISTRATION’S EXPANSION OF DHS’S FAILED 287(g) PROGRAM
FOR IMMEDIATE RELEASE
July 17, 2009
Media Contacts:
Adela de la Torre, Communication Specialist, National Immigration Law Center, 213.674.2832 (office), 213.400.7822 (cell)
Andrea Black, Coordinator, Detention Watch Network, 202-393-1044 ext. 227 (office), 520-240-3726 (cell)
Judith Greene, Director, Justice Strategies, 718-857-3316, jgreene@justicestrategies.net
Civil rights and community groups across the country denounce Department of Homeland Security (DHS) Secretary Janet Napolitano’s plans to expand the highly criticized 287(g) program to eleven new jurisdictions around the country. The program, authorized in 1996 and widely implemented under the Bush Administration, relinquishes, with no meaningful oversight, immigration enforcement power to local law enforcement and corrections agencies.
Since its inception the program has drawn sharp criticism from federal officials, law enforcement, advocates and local community groups. A February 2009 report by Justice Strategies, a nonpartisan research firm, found widespread use of pretextual traffic stops, racially motivated questioning, and unconstitutional searches and seizures by local law enforcement agencies granted 287(g) powers. Justice Strategies recommended the program be suspended. "We found evidence that growth of the 287(g) program has been driven more by racial animus than by concerns about public safety. The expansion of this deeply flawed program cannot be justified before a thorough test of corrective actions shows solid proof that they have been effective," reports Judy Greene, Director of Justice Strategies. A March 2009 Government Accountability Agency (GAO) report, criticized DHS for insufficient oversight of the controversial program.
Also in March, the United States Department of Justice launched an investigation into Sheriff Joe Arpaio of Maricopa County, Arizona, to determine whether Arpaio is using his 287(g) power to target Latinos and Spanish-speaking people. In Davidson County, Tennessee, the Sheriff’s Office has used its 287(g) power to apprehend undocumented immigrants driving to work, standing at day labor sites, or while fishing off piers. One pregnant woman---charged with driving without a license---was forced to give birth while shackled to her bed during labor. Preliminary data indicate that in some jurisdictions the majority of individuals arrested under 287(g) are accused of public nuisance or traffic offenses: driving without a seatbelt, driving without a license, broken taillights, and similar offences. Such a pattern of arrests suggest that local sheriff’s deputies are improperly using their 287(g) powers to rid their counties of immigrants, by making pretextual arrests that are then used to forcefully deport people. “We need only look at the example of Maricopa County to understand the devastating effects the increased 287(g) program will have on our communities,” said Chris Newman, Legal Programs Director of the National Day Laborer Organizing Network. “The Obama administration must recognize that the 287(g) program is predatory and ripe for corruption and profiling that will harm community stability and safety for everyone.”
The Police Foundation, the International Association of Chiefs of Police, and the Major Chiefs Association have expressed concerns that deputizing local law enforcement officers to enforce civil federal immigration law undermine the trust and cooperation of immigrant communities, overburdens cities’ already reduced resources, and leaves cities vulnerable to civil liability claims. “When victims and witnesses of crime are afraid to contact police for fear of being jailed or deported, public safety suffers,” said Marielena Hincapie, Executive Director, National Immigration Law Center.
Napolitano’s July 10 announcement that DHS has granted 11 new jurisdictions 287(g) powers stunned advocates who had been expecting a major overhaul of – or end to – this failed program. “DHS is fully aware that the abusive misuse of the 287(g) program by its current slate of agencies has rendered it not only ineffective, but dangerous to community safety. It is surprising Napolitano did not simply shut this program down. Expanding this failed program is not in line with the reform the administration has promised,” said Andrea Black, Coordinator of the Detention Watch Network.
Signatory Organizations:
A Better Way Foundation, New Haven, CT
All of Us or None, San Francisco, CA
Border Action Network, Tucson, AZ
Center for Constitutional Rights, New York, NY
Center for Media Justice, Oakland, CA
Detention Watch Network, Washington, DC
Families for Freedom, New York, NY
Florida Immigrant Coalition, Miami, FL
Grassroots Leadership, Austin, Texas
Homies Unidos, Los Angeles, CA
Immigrant Defense Project, New York, NY
Immigrant Justice Network
Immigration Law Clinic, UC Davis School of Law, Davis, CA
Immigrant Legal Resource Center, San Francisco, CA
Judson Memorial Church, New York, NY
Justice Strategies, New York, NY
Legal Services for Prisoners with Children, San Francisco, CA
Main Street Project, Minneapolis, MN
Media Action Grassroots Network, Oakland, CA
National Day Laborer Organizing Network
National Immigration Law Center, Los Angeles, CA
National Immigration Project of the National Lawyers Guild, Boston, MA
Partnership for Safety and Justice, Portland, Oregon
Project Rethink
Southern Center for Human Rights, Atlanta, GA
Thursday, July 16, 2009
Details on the New 287(g) MOA
So as we reported last Friday, the Department of Homeland Security has issued a new memorandum of agreement that redefines how the 287(g) program will be run. Today, I finally got some specs on the new MOA.
287(g) is a program that was authorized in 1996 legislation, but didn't come into existence until the Bush years. In essence, the program allows local police enforcement to act as federal immigration agents.
The 287(g) program during the Bush years was coated in problems...from blatant racial profiling, to having no oversight, to actually reducing the police's ability to fight crime. A GAO report issued back in March stated that:
The new memorandum issued by the Obama Administration seems to be addressing some of these core concerns. For instance, in the prior MOA, priorities for arrest and detention were not addressed; the new MOA has outlined priorities that are divided into three levels of importance. Even at the lowest level, immigrants picked up in the 287(g) program must have been convicted of other criminal offenses (which, fyi, most immigration violations are not).
The new MOA also strictly binds all personnel to ALL federal civil rights laws, regulations, and guidance relating to non-discrimination. There is a new process for addressing complaints and ensuring that the program's operation plans have full oversight.
So overall, the new MOA is better than the old one. But I am still concerned that the program is being expanded rather than contracted. Moreover, the new memorandum does not call into question the fundamental nature of a 287(g) agreement. Should local law enforcement be enforcing immigration law?
I think the answer is no.
287(g) is a program that was authorized in 1996 legislation, but didn't come into existence until the Bush years. In essence, the program allows local police enforcement to act as federal immigration agents.
The 287(g) program during the Bush years was coated in problems...from blatant racial profiling, to having no oversight, to actually reducing the police's ability to fight crime. A GAO report issued back in March stated that:
- The program lacks key internal controls
- The program objectives have not been laid out or documented in program-related materials
- Oversight on how (and when) to use immigration authority has been inconsistent
- The structure of ICE's supervision of 287(g) programs has not been developed or defined
- Consistent data collection, documentation, and reporting requirements have not been defined
- Performance meters used to evaluate program progress are virtually non-existent
The new memorandum issued by the Obama Administration seems to be addressing some of these core concerns. For instance, in the prior MOA, priorities for arrest and detention were not addressed; the new MOA has outlined priorities that are divided into three levels of importance. Even at the lowest level, immigrants picked up in the 287(g) program must have been convicted of other criminal offenses (which, fyi, most immigration violations are not).
The new MOA also strictly binds all personnel to ALL federal civil rights laws, regulations, and guidance relating to non-discrimination. There is a new process for addressing complaints and ensuring that the program's operation plans have full oversight.
So overall, the new MOA is better than the old one. But I am still concerned that the program is being expanded rather than contracted. Moreover, the new memorandum does not call into question the fundamental nature of a 287(g) agreement. Should local law enforcement be enforcing immigration law?
I think the answer is no.
New Yorker Article on Sheriff Joe Arpaio
This week's issue of the New Yorker ran a great article on Sheriff Joe Arpaio, vigilante extraordinaire. It's a candid interview that gets you up close and personal with the Arizona sheriff who's made it his goal in life to root out undocumented migrants in his jurisdiction and make their lives a living hell by any means necessary.
Now, the link above is merely an abstract, and you have to have an online subscription to the New Yorker to be able to read the full article, but I do encourage anyone who's interested to borrow this week's issue from a friend or find it at a newsstand if you aren't registered online. Definitely worth a read.
Now, the link above is merely an abstract, and you have to have an online subscription to the New Yorker to be able to read the full article, but I do encourage anyone who's interested to borrow this week's issue from a friend or find it at a newsstand if you aren't registered online. Definitely worth a read.
Friday, July 10, 2009
A New 287(g) Program
Following a review of the 287(g) program, the Department of Homeland Security has announced that it will revamp the program according to new U.S. Immigration Control and Enforcement priorities.
Top on ICE's new priority list is removing undocumented immigrants with criminal records from neighborhoods, provided that those criminals be prosecuted on the original crimes that required them to be taken into custody. Additionally, 11 new local law enforcement agencies have signed with the program, promoting more consistency and oversight in immigration law enforcement throughout the nation.
Top on ICE's new priority list is removing undocumented immigrants with criminal records from neighborhoods, provided that those criminals be prosecuted on the original crimes that required them to be taken into custody. Additionally, 11 new local law enforcement agencies have signed with the program, promoting more consistency and oversight in immigration law enforcement throughout the nation.
Monday, June 22, 2009
Last Week: In Our Community
We are a little behind because of Alex's trip to New Mexico, but we've done our best to catch up today. Stories below come from as far back as June 5, all the way up to news from this past weekend.
The Transitional Records Access Clearinghouse reported last week that a shortage of immigration judges has led to a 19 percent increase in backlog of pending immigration cases since 2006 and a 23 percent increase case resolution time. TRAC reports that only 4 more judges have been hired since August 2006, despite the fact that 351,477 cases were received in 2008. At the end of the fiscal year 2008, 186,342 immigration cases were still pending. A few hundred of those affected by lengthy backlogs will be relieved to hear that the new administration has decided to temporarily suspend the policy of deporting widows of U.S. citizens, at least until they tackle immigration policy on a larger scale.
Similarly, a new study conducted by Appleseed, a non-profit advocating for reform of the justice system, reports that low levels of professionalism accompanied by a lack of law clerks has indeed bogged the immigration courts down and obstructed justice for many. The study reports that a mere .0155% of immigration cases involve terrorism or national security concerns, and cases involving any type of criminal behavior amounts to 13% of all cases heard.
Of particular interest to us at FCNL and other faith-based advocacy groups across the nation: Benjamin Knoll, a graduate student at the University of Iowa has arrived at an interesting conclusion in his master's thesis. Knoll has found that the more often people say they attend worship services, the more likely they will have a liberal attitude towards immigration reform.
Also last week, America Fraternity, a Miami nonprofit, held a birthday party for 10-year-old Ronald Soza, who is suing President Barack Obama. Soza, along with 100 other U.S citizens whose parents face deportation, is asking the courts to halt the deportation of their parents until Congress overhauls America's current immigration policy.
On Wednesday, religious leaders with ties to immigrant communities met in Washington and held a prayer vigil in anticipation of President Obama's meeting on immigration scheduled for this week.
Jacqueline Stevens from 'The Nation,' reports from Arizona, where she attempts to gain entry to clandestine deportation hearings. In order to watch deportation proceedings in Eloy, Arizona, a member of the public must submit to a 2 week pre-screening background check, which is bloated with many bureaucratic steps.
Amnesty International reports on human rights abuses in detention facilities, including physical violence, deprivation of legal assistance, substandard medical care and use of restraints. Across this country, ICE houses more than 30,000 detainees each night for a myriad of reasons in substandard living conditions. A compelling case in point comes to us from Atlanta, where on June 11 activists from Georgia Detention Watch conducted a vigil for Roberto Martinez Medina, 39, who died on March 11 in a Georgia Detention Center. There was no investigation into Medina's death. ICE reported that he died of "apparent natural causes." In spite of this, ICE has plans to build a new 1,500-inmate federal immigration prison in Arizona this year. The construction of this new prison will help ICE detain almost 440,000 immigrants this year, up from 311,000 in 2008, reports the ACLU.
The U.S. Dept. of Health and Human Services signed a contract with a Union County, NJ juvenile detention center which would house 15 undocumented immigrant minors with criminal records. The facility would provide a secure setting for the young men, ages 12-17.
The Tenneseean ran a story last week about Irving Palomo, a U.S. Citizen of Mexican descent who gained his citizenship from the little-known 'citizenship-by-derivation' clause. After 15 days where he was taken 264 miles from home against his will, Palomo was released and told to find his own way back to Nashville. Another personal story comes to us from the San Antonio Express-News, where Rama Carty, 39, a legal permanent U.S. resident in detention for a drug charge, faces deportation to Haiti, a country he has never been to. Carty was born in the Republic of Congo to Haitian parents, and was transferred to another detention center after his outspoken complaints about conditions in his detention center spurred an investigation of the facility by Amnesty International. Outside the gates of Rama Carty's detention center, one unidentified person conducts a hunger strike.
In an uplifting story of family reunification, a Sudanese family reunites in Brooklyn.
Last but not least, a 'desktop raid' in California leaves workers devastated and jobless.
Thanks for reading!
The Transitional Records Access Clearinghouse reported last week that a shortage of immigration judges has led to a 19 percent increase in backlog of pending immigration cases since 2006 and a 23 percent increase case resolution time. TRAC reports that only 4 more judges have been hired since August 2006, despite the fact that 351,477 cases were received in 2008. At the end of the fiscal year 2008, 186,342 immigration cases were still pending. A few hundred of those affected by lengthy backlogs will be relieved to hear that the new administration has decided to temporarily suspend the policy of deporting widows of U.S. citizens, at least until they tackle immigration policy on a larger scale.
Similarly, a new study conducted by Appleseed, a non-profit advocating for reform of the justice system, reports that low levels of professionalism accompanied by a lack of law clerks has indeed bogged the immigration courts down and obstructed justice for many. The study reports that a mere .0155% of immigration cases involve terrorism or national security concerns, and cases involving any type of criminal behavior amounts to 13% of all cases heard.
Of particular interest to us at FCNL and other faith-based advocacy groups across the nation: Benjamin Knoll, a graduate student at the University of Iowa has arrived at an interesting conclusion in his master's thesis. Knoll has found that the more often people say they attend worship services, the more likely they will have a liberal attitude towards immigration reform.
Also last week, America Fraternity, a Miami nonprofit, held a birthday party for 10-year-old Ronald Soza, who is suing President Barack Obama. Soza, along with 100 other U.S citizens whose parents face deportation, is asking the courts to halt the deportation of their parents until Congress overhauls America's current immigration policy.
On Wednesday, religious leaders with ties to immigrant communities met in Washington and held a prayer vigil in anticipation of President Obama's meeting on immigration scheduled for this week.
Jacqueline Stevens from 'The Nation,' reports from Arizona, where she attempts to gain entry to clandestine deportation hearings. In order to watch deportation proceedings in Eloy, Arizona, a member of the public must submit to a 2 week pre-screening background check, which is bloated with many bureaucratic steps.
Amnesty International reports on human rights abuses in detention facilities, including physical violence, deprivation of legal assistance, substandard medical care and use of restraints. Across this country, ICE houses more than 30,000 detainees each night for a myriad of reasons in substandard living conditions. A compelling case in point comes to us from Atlanta, where on June 11 activists from Georgia Detention Watch conducted a vigil for Roberto Martinez Medina, 39, who died on March 11 in a Georgia Detention Center. There was no investigation into Medina's death. ICE reported that he died of "apparent natural causes." In spite of this, ICE has plans to build a new 1,500-inmate federal immigration prison in Arizona this year. The construction of this new prison will help ICE detain almost 440,000 immigrants this year, up from 311,000 in 2008, reports the ACLU.
The U.S. Dept. of Health and Human Services signed a contract with a Union County, NJ juvenile detention center which would house 15 undocumented immigrant minors with criminal records. The facility would provide a secure setting for the young men, ages 12-17.
The Tenneseean ran a story last week about Irving Palomo, a U.S. Citizen of Mexican descent who gained his citizenship from the little-known 'citizenship-by-derivation' clause. After 15 days where he was taken 264 miles from home against his will, Palomo was released and told to find his own way back to Nashville. Another personal story comes to us from the San Antonio Express-News, where Rama Carty, 39, a legal permanent U.S. resident in detention for a drug charge, faces deportation to Haiti, a country he has never been to. Carty was born in the Republic of Congo to Haitian parents, and was transferred to another detention center after his outspoken complaints about conditions in his detention center spurred an investigation of the facility by Amnesty International. Outside the gates of Rama Carty's detention center, one unidentified person conducts a hunger strike.
In an uplifting story of family reunification, a Sudanese family reunites in Brooklyn.
Last but not least, a 'desktop raid' in California leaves workers devastated and jobless.
Thanks for reading!
Friday, March 6, 2009
What Makes Communities Safe? Debunking the Myth of "Sanctuary Cities"
In my post yesterday, I discussed the 287(g) program, an agreement between state/local law enforcement agencies and ICE that allows deputized police officers to enforce immigration law.
While I talked about the House Subcommittee on Homeland Security hearing in which the GAO submitted testimony regarding the lack of oversight of the 287(g) program and two law enforcement officers submitted contrasting views of the program, today I wanted to follow up on an issue that is frequently brought up when I talk about 287(g) programs: so-called "sanctuary cities."
A "sanctuary city" is a city that follows strict community policing policies, or perhaps even passed a state or local "separation" ordinance, ensuring that police officers investigate a crime regardless of a person's immigration status. In reverse, such "separation" practices ensure that immigrants feel comfortable reporting crimes to the police without fear of deportation.
The logic behind such ordinances is that immigration law is extremely complex, and as I said yesterday, not until 1996 were there even statutes allowing federal immigration agencies to deputize immigration enforcement to state and local law enforcement agencies.
Most immigration violations (all of which are federal) are civil, not criminal, offenses. This means, that to charge someone with an immigration offense, the officer actually has to see the person commit the civil offense--much like a speeding ticket in which the officer must catch you speeding.
While legally this is complicated by presence in the United States being a "positive right," the point of a "sanctuary city" or a separation ordinance is to ensure that local law enforcement's energy is focused on keeping communities safe and NOT on checking peoples' status.
Now, I want to make clear that state and local police officers have ALWAYS had the authority to arrest someone suspected of criminal activity--regardless of their immigration status--and report that person to ICE. It's only that programs like 287(g) go further by allowing/asking law enforcement to go after what one colleague of mine describes as "windex-wielding hotel maids"--i.e. not exactly the "criminal" that makes our streets unsafe.
In turn, amounting evidence shows that law enforcement officers in non-sanctuary cities spend more time (and money) looking into immigration status than carrying out the warrants of arrest for people who have truly made our communities unsafe.
"Sanctuary cities," however, have received a lot of negative attention from anti-immigrant advocates. Some members of Congress have even proposed cutting off funds for cities which engage in sanctuary or separation practices. They argue that these cities provide "sanctuary" for foreign-born criminals.
As I pointed out above though, this is a myth that is absolutely not true.
For more information on the "myth" of sanctuary cities, check out Immigration Impact's new report "Debunking the Myth of 'Sanctuary Cities: Community Policing Policies Protect American Communities. "
While I talked about the House Subcommittee on Homeland Security hearing in which the GAO submitted testimony regarding the lack of oversight of the 287(g) program and two law enforcement officers submitted contrasting views of the program, today I wanted to follow up on an issue that is frequently brought up when I talk about 287(g) programs: so-called "sanctuary cities."
A "sanctuary city" is a city that follows strict community policing policies, or perhaps even passed a state or local "separation" ordinance, ensuring that police officers investigate a crime regardless of a person's immigration status. In reverse, such "separation" practices ensure that immigrants feel comfortable reporting crimes to the police without fear of deportation.
The logic behind such ordinances is that immigration law is extremely complex, and as I said yesterday, not until 1996 were there even statutes allowing federal immigration agencies to deputize immigration enforcement to state and local law enforcement agencies.
Most immigration violations (all of which are federal) are civil, not criminal, offenses. This means, that to charge someone with an immigration offense, the officer actually has to see the person commit the civil offense--much like a speeding ticket in which the officer must catch you speeding.
While legally this is complicated by presence in the United States being a "positive right," the point of a "sanctuary city" or a separation ordinance is to ensure that local law enforcement's energy is focused on keeping communities safe and NOT on checking peoples' status.
Now, I want to make clear that state and local police officers have ALWAYS had the authority to arrest someone suspected of criminal activity--regardless of their immigration status--and report that person to ICE. It's only that programs like 287(g) go further by allowing/asking law enforcement to go after what one colleague of mine describes as "windex-wielding hotel maids"--i.e. not exactly the "criminal" that makes our streets unsafe.
In turn, amounting evidence shows that law enforcement officers in non-sanctuary cities spend more time (and money) looking into immigration status than carrying out the warrants of arrest for people who have truly made our communities unsafe.
"Sanctuary cities," however, have received a lot of negative attention from anti-immigrant advocates. Some members of Congress have even proposed cutting off funds for cities which engage in sanctuary or separation practices. They argue that these cities provide "sanctuary" for foreign-born criminals.
As I pointed out above though, this is a myth that is absolutely not true.
For more information on the "myth" of sanctuary cities, check out Immigration Impact's new report "Debunking the Myth of 'Sanctuary Cities: Community Policing Policies Protect American Communities. "
Thursday, March 5, 2009
What Makes Communities Safe? A Review of Local Police Enforcement of Immigration Law Through the 287(g) Program
Yesterday, the House Committee on Homeland Security held a hearing (a recorded video of the hearing is now available) entitled "“Examining 287(g): The Role of State and Local Law Enforcement in Immigration Law.”
The highlight of the hearing was the release of the Government Accountability Office (GAO) report "Immigration Enforcement: Controls over Program Authorizing State and Local Enforcement of Federal Immigration Laws Should be Strengthened" which emphasizes the lack of oversight Immigration and Customs Enforcement (ICE) has over its locally deputized officers in the 287(g) program.
The 287(g) program was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA, pronouced ir-ah-ir-ah), forming agreements which would allow local police officers to enforce federal immigration laws. But while the program was formed in 1996, no local law enforcement agency had applied for the program until after September 11th. The first program was then finalized in 2002 and today there are 67 287(g) agreement programs operating in 23 states.
The intent of the program was to provide local officers with the power to go after high-level criminals. Given that immigration law is extremely complex--many people consider it a legal equivalent to tax law(!)--delegation of authority was statutorily limited to a select number of officials who underwent a five-week training in immigration law and were subject to ICE's supervision.
However, the GAO report points out that:
Among the other witnesses at the hearing were Sheriff Chuck Jenkins from Frederick County, MD and Police Chief J. Thomas Manger of Montgomery County, MD.
Sheriff Jenkins testified that they had no problems with the 287(g) program, arguing that it is "a strong and effective tool in safeguarding our national security at our borders." He also said that he believes "existing fear or distrust of law enforcement is generally cultural based, as most countries where immigrants originate from do have corrupt governments, corrupt and abusive law enforcement, which is all that they have been exposed to in their lives."
Meanwhile, Police Chief Manger--who is also a member of the International Association of Chiefs of Police (IACP) and the Major Cities Chiefs Association (MCCA)--believes that the 287(g) program undermines trust, confidence, and cooperation between police and immigrant communities. He testified that through his experience, he concurs with what the MCCA has written:
"...without assurances that contact with police would not result in purely civil immigration enforcement action, the hard won trust, communication and cooperation from the immigrant community would disappear. Such a divide between the local police and immigrant groups would result in increased crime against immigrants and the broader community, create a class of silent victims and eliminate the potential for assistance from immigrants in solving crimes or preventing future terroristic attacks."
Police Chief Manger also noted Latinos are disproportionately targets of crime and in urban areas with large Latino or immigrant populations, programs like 287(g) would be destructive to community safety.
A similar report put out by Justice Strategies, a nonprofit research group, said that "comprehensive immigration reform, which Congress has failed to pass, should be the goal of the Obama administration... The 287(g) program 'amounts to a local and state bailout of the failed federal immigration enforcement business.'"
Links to media coverage of the GAO report and yesterday's hearing:
NY Times- Report Questions Immigration Program
Wall Street Journal- Immigrant Busts Faulted
Associated Press- House Panel Scrutinizes Immigration Program
Gannett Washington Bureau- Federal Immigration Officials Chided for Lax Control Over Local Police
The highlight of the hearing was the release of the Government Accountability Office (GAO) report "Immigration Enforcement: Controls over Program Authorizing State and Local Enforcement of Federal Immigration Laws Should be Strengthened" which emphasizes the lack of oversight Immigration and Customs Enforcement (ICE) has over its locally deputized officers in the 287(g) program.
The 287(g) program was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA, pronouced ir-ah-ir-ah), forming agreements which would allow local police officers to enforce federal immigration laws. But while the program was formed in 1996, no local law enforcement agency had applied for the program until after September 11th. The first program was then finalized in 2002 and today there are 67 287(g) agreement programs operating in 23 states.
The intent of the program was to provide local officers with the power to go after high-level criminals. Given that immigration law is extremely complex--many people consider it a legal equivalent to tax law(!)--delegation of authority was statutorily limited to a select number of officials who underwent a five-week training in immigration law and were subject to ICE's supervision.
However, the GAO report points out that:
- The program lacks key internal controls
- The program objectives have not been laid out or documented in program-related materials
- Oversight on how (and when) to use immigration authority has been inconsistent
- The structure of ICE's supervision of 287(g) programs has not been developed or defined
- Consistent data collection, documentation, and reporting requirements have not been defined
- Performance meters used to evaluate program progress are virtually non-existent
Among the other witnesses at the hearing were Sheriff Chuck Jenkins from Frederick County, MD and Police Chief J. Thomas Manger of Montgomery County, MD.
Sheriff Jenkins testified that they had no problems with the 287(g) program, arguing that it is "a strong and effective tool in safeguarding our national security at our borders." He also said that he believes "existing fear or distrust of law enforcement is generally cultural based, as most countries where immigrants originate from do have corrupt governments, corrupt and abusive law enforcement, which is all that they have been exposed to in their lives."
Meanwhile, Police Chief Manger--who is also a member of the International Association of Chiefs of Police (IACP) and the Major Cities Chiefs Association (MCCA)--believes that the 287(g) program undermines trust, confidence, and cooperation between police and immigrant communities. He testified that through his experience, he concurs with what the MCCA has written:
"...without assurances that contact with police would not result in purely civil immigration enforcement action, the hard won trust, communication and cooperation from the immigrant community would disappear. Such a divide between the local police and immigrant groups would result in increased crime against immigrants and the broader community, create a class of silent victims and eliminate the potential for assistance from immigrants in solving crimes or preventing future terroristic attacks."
Police Chief Manger also noted Latinos are disproportionately targets of crime and in urban areas with large Latino or immigrant populations, programs like 287(g) would be destructive to community safety.
A similar report put out by Justice Strategies, a nonprofit research group, said that "comprehensive immigration reform, which Congress has failed to pass, should be the goal of the Obama administration... The 287(g) program 'amounts to a local and state bailout of the failed federal immigration enforcement business.'"
Links to media coverage of the GAO report and yesterday's hearing:
NY Times- Report Questions Immigration Program
Wall Street Journal- Immigrant Busts Faulted
Associated Press- House Panel Scrutinizes Immigration Program
Gannett Washington Bureau- Federal Immigration Officials Chided for Lax Control Over Local Police
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