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Just the Facts

Immigration Fact Checks provide up-to-date information on the most current issues involving immigration today.

The Growth of the U.S. Deportation Machine

More Immigrants are being “Removed” from the United States than Ever Before

Despite some highly public claims to the contrary, there has been no waning of immigration enforcement in the United States. In fact, the U.S. deportation machine has grown larger in recent years, indiscriminately consuming criminals and non-criminals alike, be they unauthorized immigrants or long-time legal permanent residents (LPRs). Deportations under the Obama administration alone are now approaching the two-million mark. But the deportation frenzy began long before this milestone. The federal government has, for nearly two decades, been pursuing an enforcement-first approach to immigration control that favors mandatory detention and deportation over the traditional discretion of a judge to consider the unique circumstances of every case. The end result has been a relentless campaign of imprisonment and expulsion aimed at noncitizens—a campaign authorized by Congress and implemented by the executive branch. While this campaign precedes the Obama administration by many years, it has grown immensely during his tenure in the White House. In part, this is the result of laws which have put the expansion of deportations on automatic. But the continued growth of deportations also reflects the policy choices of the Obama administration. Rather than putting the brakes on this non-stop drive to deport more and more people, the administration chose to add fuel to the fire.

IRCA and the New Era of DeportationsRead more...

Published On: Wed, Apr 09, 2014 | Download File

Special Reports

Our most in-depth publication, Special Reports provide detailed analyses of special topics in U.S. immigration policy.

A Guide to H.R. 15: The Border Security, Economic Opportunity, and Immigration Modernization Act

On October 2, 2013, Democrats in the House of Representatives proposed an immigration reform bill addressing border security, legalization of the undocumented, interior enforcement of immigration laws, and fixes for our dysfunctional legal immigration programs. The bill is based on S.744, the bipartisan bill passed by the Senate by a vote of 68-32 on June 27, 2013. However, the bill removes the Corker-Hoeven border security amendment and replaces it with the bipartisan House border security bill, H.R. 1417, which was passed unanimously by the Homeland Security Committee in May 2013.

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Published On: Wed, Mar 26, 2014 | Download File

Perspectives on Immigration

Perspectives offers fresh ideas and alternative viewpoints on immigration policy from writers inside and outside the immigration debate.

The Faulty Legal Arguments Behind Immigration Detainers

By Christopher Lasch, Esq.

In late June 2012, the Supreme Court struck down three provisions of Arizona’s SB 1070 and left a fourth vulnerable to future legal challenge. As has been well documented, the Court’s rejection of SB 1070 tipped the balance in favor of federal enforcement and away from state and local enforcement of the immigration laws. But this essay explores a less obvious consequence of the Court’s decision: its implications for the viability of a critical federal enforcement mechanism: the immigration “detainer.”

An immigration detainer is a piece of paper that federal immigration officials send to state and local jails requesting that they continue holding an individual for up to 48 business hours after he or she would otherwise be released, so that agents of U.S. Immigration and Customs Enforcement (ICE) can investigate the person’s status and assume custody if necessary. Also known as immigration “holds,” detainers are the key enforcement mechanism behind federal enforcement initiatives like the Criminal Alien Program and Secure Communities.

There has been considerable confusion as to whether a detainer is a mere request that ICE be notified of a suspected immigration violator’s impending release, or a command by ICE that state or local officials hold a prisoner for ICE beyond the time the prisoner would otherwise be released. Independent of that question, however, the Court’s decision in Arizona v. United States identifies a more fundamental problem: that detainers may violate the Constitution and federal statutes even when honored on a voluntary basis.Read more...

Published On: Wed, Dec 18, 2013 | Download File