Enforcement

The Transactional Records Access Clearinghouse (TRAC) reports that federal immigration prosecutions rose to record levels during fiscal year (FY) 2009.  In the past, federal court resources were appropriately allocated to pursue immigration-related prosecutions against individuals with criminal backgrounds.  Recently, however, priorities have shifted, and large numbers of federal immigration prosecutions have focused on non-violent border crossers, creating the appearance that immigrants are committing more crimes. However, the fact is -- the federal government’s shift in resources has meant spending billions of dollars prosecuting non-violent immigration violators while more serious criminals involved in drugs, weapons, and organized crime face a lower probability of prosecution.

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Published On: Thu, Feb 04, 2010 | Download File

For years the U.S. government has addressed unauthorized immigration primarily through the lens of deportation and removal, pursuing enforcement-only policies that have not effectively curbed unauthorized immigration.  An increase of personnel and technology along the U.S.-Mexico border has been accompanied by increased worksite enforcement in the interior of the United States.  In addition, U.S. Immigration and Customs Enforcement (ICE) has partnered with state and local police agencies and jails to identify and apprehend immigrants and to remove them from the country.  None of these efforts has resulted in a significant decline in the size of the unauthorized population, but these enforcement policies and priorities have had devastating impacts on U.S. families and communities.

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Published On: Tue, Dec 08, 2009 | Download File

The Secure Communities program, which launched in March 2008, has become a centerpiece of immigration enforcement efforts by Immigration and Customs Enforcement (ICE). Its rapid expansion coupled with serious concerns about the design, goals, and implementation of the program has resulted in a great deal of controversy.

Under Secure Communities, participating jurisdictions submit arrestees’ fingerprints not only to criminal databases, but to immigration databases as well, allowing ICE access to information on individuals held in jails. While state and local law-enforcement officers are not directly enforcing federal immigration law or making arrests for immigration violations, the transmission of fingerprints allows ICE to tap into information about detainees and make determinations about additional ICE enforcement action.

While some may claim that Secure Communities is an improvement over other federal-local partnerships—such as the 287(g) program, which deputizes state and local police officers to enforce immigration laws through agreements with the Department of Homeland Security (DHS)DD DD—the Secure Communities program still faces many of the same criticisms. A Task Force appointed by DHS to make recommendations regarding the program concluded that Secure Communities is fundamentally flawed.DD DD While roughly half of the Task Force members favored a suspension or termination of the program and half believed the program must be continued while reforms are being made, all Task Force members agreed that the program must be reformed.
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Published On: Tue, Nov 29, 2011 | Download File

Updated 04/02/10

Since 2004, the Immigration and Customs Enforcement Agency (ICE) has greatly expanded its partnerships with local police through the 287(g) program.  As of March 2010, more than 1,075 local officers have been trained and certified through the program under the 67 active Memoranda of Agreement (MOAs) in 24 states. However, while the number of MOAs has increased, the numerous problems surrounding them have also become more apparent.  Recent reports have found that 287(g) agreements are costing localities millions to implement while ICE provides little oversight and support to the program. Additionally, crime-solving activities are being compromised, the trust between police and community is eroding, and accusations of racial profiling and civil rights violations are on the rise. Furthermore 287 (g) agreements are being used as political tools that interfere with the kind of true community policing that protect and serve our communities.

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Published On: Fri, Apr 02, 2010 | Download File

We can expect comprehensive reform legislation to mandate that all employers use some sort of system that verifies the work authorization of all workers. Since this will affect every single worker in the United States - immigrants and citizens alike - and because an error in the system can cost a worker his job and paycheck, it is important to make the system workable. This report lays out the must-haves for any broad employment verification system and lays out why a system like this can only work if it is within the context of a broader reform package.

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Published On: Thu, Nov 12, 2009 | Download File

While some characterize our immigration crisis as solely an issue of the 11 to 12 million unauthorized immigrants living in this country, our problems extend beyond the number of undocumented people to a broader range of issues.

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Published On: Wed, Oct 21, 2009 | Download File

As health care bills make their way through Congress, lawmakers are debating whether or not to include overly burdensome citizenship verification requirements to ensure that unauthorized immigrants do not have access to health insurance.  However, past attempts to implement these kinds of additional measures have prevented U.S. citizens and legal immigrants from receiving health care, while uncovering very few instances of unauthorized immigrants trying to abuse the system. In fact, research shows that unauthorized immigrants do not come to the United States for health care benefits or any other public services for which they are not eligible. These additional measures threaten to ensnare far more citizens than unauthorized immigrants and add unnecessary costs to health care reform.

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Published On: Wed, Sep 30, 2009 | Download File

I do a daily radio talk show on Radio Campesina in Phoenix and, clearly, since the November elections callers are once more allowing themselves to dream of the day their hard, hidden existence comes to an end. Their dreams are tentative and cautious, but nonetheless hope has been resurrected. Yet in Arizona hope is interspersed with anger. Four anti-immigrant referendums passed overwhelmingly, one of which, Proposition 300, will impose steep tuition increases for undocumented community-college and university students. Most legal observers believe it is constitutional. The only resolution lies now in the hands of Congress. Delay in passing comprehensive immigration reform, or at the very least the DREAM Act (which would provide a path to lawful permanent residence for hundreds of thousands of undocumented high-school graduates), will have immediate and tragic consequences for thousands of Latino kids in Arizona.

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Published On: Fri, Dec 01, 2006 | Download File

Access to an independent judiciary with the power to hold the government accountable in its dealings with individuals is a founding principle of the United States. In contrast, imagine a system where there is no access to independent judgment; where, instead, the referee works for the opposing team. The House of Representatives took a step away from this founding principle by passing the Border Protection, Antiterrorism, and Illegal Immigration Control Act (H.R. 4437) on December 16, 2005. A provision of the bill would erode access to independent judgment by severely restricting access to the federal courts for individuals in removal (deportation) proceedings. This provision is part of a long string of efforts by proponents of restrictive immigration policies to limit the jurisdiction of the federal courts over immigration cases.

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Published On: Fri, Sep 01, 2006 | Download File

Benjamin Johnson, Director of the Immigration Policy Center, discusses the futility of an enforcement-only approach to immigration reform and the need for a more comprehensive strategy to deal with the problem of undocumented immigration. In this new "Perspective," he argues that immigration cannot be treated simply as a law-enforcement issue. Rather, the United States must begin managing immigration as a national resource.

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Published On: Tue, Aug 01, 2006 | Download File