Policy

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

This three-part series highlights the findings of the Migrant Border Crossing Study—a binational, multi-institution study of 1,110 randomly selected, recently repatriated migrants surveyed in six Mexican cities between 2009 and 2012. The study exposes widespread mistreatment of migrants at the hands of U.S. officials in the removal system.

Part I: Migrant Mistreatment While in U.S. Custody

This report focuses on the mistreatment of unauthorized migrants while in U.S. custody. Overall, we find that the physical and verbal mistreatment of migrants is not a random, sporadic occurrence but, rather, a systematic practice. One indication of this is that 11% of deportees report some form of physical abuse and 23% report verbal mistreatment while in U.S. custody—a finding that is supported by other academic studies and reports from non-governmental organizations. Another highly disturbing finding is that migrants often note they are the targets for nationalistic and racist remarks—something that in no way is integral to U.S. officials’ ability to function in an effective capacity on a day-to-day basis. Read more...

Published On: Tue, Dec 10, 2013

In Mississippi, there is no doubt that immigrant entrepreneurs and innovators play an important role. Immigrant entrepreneurs bring in additional revenue, create jobs, and contribute significantly to the state’s economy. Highly skilled immigrants are vital to the state’s innovation industries and to the metropolitan areas within the state, helping to boost local economies. Furthermore, local government, business, and non-profit leaders recognize the importance of immigrants in their communities and support immigration through local “welcoming” and integration initiatives.

Immigrant entrepreneurs contribute to Mississippi’s economy.

• From 2006 to 2010, there were 4,534 new immigrant business owners in Mississippi, and in 2010, 4.2 percent of all business owners in Mississippi were foreign-born.

• In 2010, new immigrant business owners had total net business income of $181 million, which is 3.2 percent of all net business income in the state.

• In 1908, Russian immigrant Sam Stein founded Stein Mart in Greenville, Mississippi. Although the company is now headquartered in Jacksonville, Florida, it maintains a presence in 29 states with over 260 stores.

Highly skilled immigrants are vital to Mississippi’s innovation industries, which in turn helps lead American innovation and creates jobs.Read more...

Published On: Fri, Jul 26, 2013 | Download File

In Oklahoma, there is no doubt that immigrant entrepreneurs and innovators play an important role. Immigrant entrepreneurs bring in additional revenue, create jobs, and contribute significantly to the state’s economy. Highly skilled immigrants are vital to the state’s innovation industries and to the metropolitan areas within the state, helping to boost local economies. Furthermore, local government, business, and non-profit leaders recognize the importance of immigrants in their communities and support immigration through local “welcoming” and integration initiatives.

Immigrant entrepreneurs contribute to Oklahoma’s economy.

• From 2006 to 2010, there were 11,983 new immigrant business owners in Oklahoma, and in 2010, 7 percent of all business owners in Oklahoma were foreign-born.

• In 2010, new immigrant business owners had total net business income of $477 million, which is 5.3 percent of all net business income in the state.

Highly skilled immigrants are vital to Oklahoma’s innovation industries, which in turn helps lead American innovation and creates jobs.Read more...

Published On: Thu, Jul 25, 2013 | Download File

In Louisiana, there is no doubt that immigrant entrepreneurs and innovators play an important role. Immigrant entrepreneurs bring in additional revenue, create jobs, and contribute significantly to the state’s economy. Highly skilled immigrants are vital to the state’s innovation industries and to the metropolitan areas within the state, helping to boost local economies. Furthermore, local government, business, and non-profit leaders recognize the importance of immigrants in their communities.

Immigrant entrepreneurs contribute to Louisiana’s economy.

• From 2006 to 2010, there were 14,726 new immigrant business owners in Louisiana, and in 2010, 8.2 percent of all business owners in Louisiana were foreign-born.

• In 2010, new immigrant business owners had total net business income of $691 million, which is 6.7 percent of all net business income in the state.

Highly skilled immigrants are vital to Louisiana’s innovation industries, which in turn helps lead American innovation and creates jobs.Read more...

Published On: Thu, Jul 25, 2013 | Download File

In Idaho, there is no doubt that immigrant entrepreneurs and innovators play an important role. Immigrant entrepreneurs bring in additional revenue, create jobs, and contribute significantly to the state’s economy. Highly skilled immigrants are vital to the state’s innovation industries and to the metropolitan areas within the state, helping to boost local economies. Furthermore, local government, business, and non-profit leaders recognize the importance of immigrants in their communities and support immigration through local “welcoming” and integration initiatives.

Immigrant entrepreneurs contribute significantly to Idaho’s economy.

• From 2006 to 2010, there were 4,051 new immigrant business owners in Idaho, and in 2010, 5 percent of all business owners in Idaho were foreign-born.

• In 2010, new immigrant business owners had total net business income of $192 million, which is almost 5 percent of all net business income in the state.

Highly skilled immigrants are vital to Idaho’s innovation industries, which in turn helps lead American innovation and creates jobs.Read more...

Published On: Thu, Jul 25, 2013 | Download File

In Massachusetts, there is no doubt that immigrant entrepreneurs and innovators play an important role. Immigrant entrepreneurs bring in additional revenue, create jobs, and contribute significantly to the state’s economy. Highly skilled immigrants are vital to the state’s innovation industries, and to the metropolitan areas within the state, helping to boost local economies. Furthermore, local government, business, and non-profit leaders recognize the importance of immigrants in their communities and support immigration through local “welcoming” and integration initiatives.

Immigrant entrepreneurs contribute significantly to Massachusetts’ economy. Read more...

Published On: Sun, Jul 21, 2013 | Download File

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.

Read more...

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