crImmigration.com

The intersection of criminal law and immigration law

  • Home
  • About César
  • Publications
  • Public Appearances
  • Book

ICE’s new immigration detainer policy remains legally flawed

Today, ICE issued a new policy regarding use of immigration detainers. Sometimes called immigration holds, detainers are requests by ICE that a local law enforcement agency continue holding someone in the LEAs custody. The purpose of continued confinement is to give ICE time to pick up the individual. The policy announced today instructs immigration officers, including local police deputized as immigration officers pursuant to a 287(g) agreement, to issue detainers against anyone who they have probable cause to believe is removable from the United States. Though couched in carefully crafted [...]

Posted by César on March 24, 2017 on 3:38 pm 2 Comments
Filed Under: 287(g), 4th Amendment, detainer, imprisonment, local immigration policing

Trump asks Congress for $3 billion in supplemental funding for FY 2017

Earlier today, President Trump asked Congress to find $3 billion in funding to pay for the president’s immigration executive orders through the end of September 2017. This request comes as an addition to the billions of dollars Congress has already given the Department of Homeland Security for fiscal year 2017 operations. In particular, the White House requests supplemental funds to pay for the border wall, an expansion to ICE’s immigration detention system, and to prepare to hire more Border Patrol and ICE agents. As the president’s most expensive immigration policing project, the [...]

Posted by César on March 16, 2017 on 4:25 pm Leave a Comment
Filed Under: 287(g), border militarization, Congress, imprisonment, proposed legislation, Trump executive orders, Uncategorized

DHS issues border policing plans

In response to President Trump’s January 25 executive order on border policing, the Department of Homeland Security issued a memo with details about how it plans to carry out the president’s directives. The memo promises to further militarize the Mexican border, expand the nation’s already unprecedented immigration detention capacity, and skirt the immigration court system. Secretary of Homeland Security John Kelly signed the memo, titled “Implementing the President’s Border Security and Immigration Enforcement Improvements Policies,” on February 20, 2017. The memo consists of instructions [...]

Posted by César on February 21, 2017 on 3:07 pm Leave a Comment
Filed Under: 287(g), border militarization, expedited removal, illegal entry, illegal reentry, imprisonment, local immigration policing, mandatory detention, right to counsel, Trump executive orders

ICE enforcement actions: Something old, something

ICE is in the streets. President Trump is tweeting away. And rumors are flying. None of this is surprising. On the campaign trail, President Trump turned his consistent demonization of migrants into a cornerstone of his victory. Since taking office, he has not relented. On Sunday, the President tweeted, “The crackdown on illegal criminals is merely the keeping of my campaign promise. Gang members, drug dealers & others are being removed!” Meanwhile, word-of-mouth reports and social media are supplying a stream of reports about immigration enforcement actions. Many turn out to be [...]

Posted by César on February 14, 2017 on 4:00 am 1 Comment
Filed Under: 287(g), detainer, imprisonment, Secure Communities, Trump executive orders

Will PEP lead to less detention than Secure Communities? Not likely

By Patricia M. Corrales Secure Communities, Priority Enforcement Program, Potato, Potatoe...What’s the difference? The shortest answer is “none.” The controversial Secure Communities program together with ICE’s 287(g) program, established under the Bush Administration and directly administered by former Attorney General Alberto Gonzales, came to an end under Obama’s executive action initiative on immigration announced on November 21, 2014. In its place, Secretary of Homeland Security Jeh C. Johnson announced the Department of Homeland Security’s (“DHS”) new Priority Enforcement Program [...]

Posted by César on July 28, 2015 on 4:00 am 2 Comments
Filed Under: 287(g), guest blogger, Priority Enforcement Program (PEP), Secure Communities

Naturalizing Immigration Imprisonment

Every day, roughly 33,000 people spend the night imprisoned while waiting to learn whether they will be allowed to remain in the United States. Thousands more are confined on charges of having committed an immigration crime. Others are behind bars because they were already convicted. The substantive law that applies to people in each of these categories differs: civil law governed by the Immigration and Naturalization Act for those in removal proceedings, and criminal law governed by the federal penal code (and, to a smaller degree, its state counterparts). That is largely where the [...]

Posted by César on October 30, 2014 on 4:00 am Leave a Comment
Filed Under: 287(g), bond, border militarization, CCA/CoreCivic, commentaries, Congress, Criminal Alien Program, GEO Group, illegal entry, illegal reentry, imprisonment, local immigration policing, mandatory detention, National Fugitive Operations Program, Operation Streamline, Scholars Sidebar, Secure Communities, statistics, Uncategorized

Revisiting the exclusionary rule’s role in immigration proceedings

By Lindsay Adkin Thirty years ago in its landmark decision, INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), the Supreme Court held that the exclusionary rule should not apply to removal proceedings. Applying a cost-benefit analysis, the Court concluded that whatever benefit exclusion offered in immigration proceedings was outweighed by the cost of allowing removable immigrants to remain in the United States. Whether or not that was a proper assessment in 1984, the state of immigration law today—especially the rise of crimmigration law—leads to the opposite conclusion: the exclusionary rule [...]

Posted by César on September 9, 2014 on 4:00 am Leave a Comment
Filed Under: 287(g), commentaries, guest blogger, motion to suppress, Uncategorized

“Looking for immigration problems” and other misunderstandings of crimmigration law

In this month’s The Atlantic, journalist Daniel Bergner chronicles competing views of stop-and-frisk policies. The New York Police Department’s intensive use of stop-and-frisk against black and Latino residents received intense scrutiny, eventually resulting in a federal district court's finding that the department has been hiding under this constitutionally permissible practice to engage in constitutionally impermissible racial profiling. Bergner discusses New York, but spends most of his reporting in Newark, New Jersey tagging along with local officers on patrol. There he encounters an [...]

Posted by César on April 10, 2014 on 9:00 am 4 Comments
Filed Under: 287(g), commentaries, local immigration policing, Secure Communities

  • 1
  • 2
  • Next Page »

Subscribe


César’s Recent Media

April 18: Quoted talking about ICE's efforts to conceal contents of training manuals used by its largest division, Homeland Security Investigations Read article here]

April 12: Discussed legal limits on deploying troops inside United States and the memory of Esequiel Hernández, Jr., teen shot by Marines in 1997 [Read article here (in Spanish)]

April 12: Quoted in article about brewing Fourth Amendment battle that develops when ICE arrests people inside homes [Read article here]

April 3: Quoted in Univision Noticias article about Trump's plans to deploy National Guard to border [Read article here (in Spanish)]

April 1: Quoted in article about Coloradans affected by Trump administration's decision to end TPS protections for citizens of some countries [Read article here]

March 29: Quoted in article about Fourth Amendment and ICE attempts to enter homes [Read article here]

March 16: Quoted discussing shifts between Obama and Trump administration immigration policing practices [Listen here]

March 8: Quoted discussing Justice Department lawsuit against California over its migrant-friendly policies [Read article here | Lea en español]

February 5: Quoted in article about Indiana death in drunk driving incident allegedly caused by unauthorized migrant [Read article here]

January 31: I'm quoted in San Francisco Chronicle about ICE's policy of arresting people in and near courthouses [Read article here]

January 18: I talked to CityLab about symbolic value of ICE raids on 7-11 stores [Read article here]

January 8: I'm quoted in Governing talking about ICE head's threats to imprison elected officials who support policies limiting cooperation with ICE [Read article here]

January 5: I'm quoted in article about San Antonio Police Department decision to prosecute alleged migrant smuggler under state law rather than hand over to ICE for federal prosecution [Read article here]

January 3: Quoted in article about ICE chief's threats to imprison elected officials who support migrant-friendly policies [Read article here]

2018

December 30: I'm quoted in The Atlantic discussing the special impact crimmigration policies have on black migrants [Read article here]

December 28: My crimmigration.com article about immigration prison population trends since 1990s makes Prison Policy Institute's "favorite criminal justice research of 2017" [Read PPI's list here]

December 22: Quoted in ThinkProgress article about legally dubious immigration detainer practices [Read article here]

December 20: Interviewed in Philadelphia NPR affiliate WHYY story about ICE arrests in area courthouses [Listen to story here]

December 12: My three-part white paper series on immigration detention published by Latino Community Foundation of Colorado [Read articles on adults, children and families, and vulnerable populations]

Learn more about César's media appearances here

Recent Posts

  • Legal limits on military deployment along US border
  • ICE transitioned from Obama to Trump with record high daily detention population
  • ICE detention population closed Obama era at record daily high
  • Immigration budget bill summary
  • Supreme Court to hear another immigration imprisonment case
  • Jennings v. Rodriguez highlights need for detention time limits

Search

Social Media

Blawg 100 Honoree

The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.