Immigration imprisonment is a common feature of the United States legal system’s regulation of migration. On the civil side, ICE’s routine confinement of people suspected of violating immigration law is well-known. Often overlooked, however, are ICE’s partners on the criminal end of the immigration imprisonment spectrum. Though most immigration law violations are civil infractions that result, at most, in removal from the United States, some features of federal immigration law are undeniably criminal offenses. Indeed, in recent years, prosecutions for immigration offense now constitute the [...]
Dream Act of 2017 crime bars
With much fanfare, Senators Richard Durbin (D-Illinois) and Linsey Graham (R-South Carolina) introduced a revamped version of the Dream Act yesterday. White House officials have already said that the president is unlikely to support it. But with a president who shifts positions constantly, it’s worth taking seriously the prospect that the Dream Act of 2017, S. 1615, moves forward. As with the earlier version of the Dream Act that came a handful of votes away from landing on President Obama’s desk and with DACA, the Dream Act of 2017 would exclude people who have encountered the criminal [...]
Criminalizing unlawful presence
It’s been more than a decade since the massive immigrants’ rights marches of 2006, but the images remain palpable. Millions of immigrants and their allies took to the streets in the country’s major urban centers and small towns alike. Had it been enacted, Representative James Sensenbrenner’s infamous bill, H.R. 4437, would have criminalized presence in the United States in violation of immigration law. Today, the House Judiciary Committee takes up a bill that revives Sensenbrenner’s failed attempt. The Michael Davis, Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act, H.R. [...]
Attorney General delivers fiery speech in defense of the status quo
Visiting the southwest border for the first time since becoming Attorney General, today Jeff Sessions delivered a campaign-style speech promising to bring the federal criminal justice system to bear against immigration law violators. Standing before Customs and Border Protection officials in Nogales, the Attorney General described beheadings, machete attacks, and gang violence. “Criminal aliens, and the coyotes and the document-forgers seek to overthrow our system of lawful immigration,” he claimed. In response, the Justice Department that he leads will “take our stand against this filth” [...]
Immigration continues lead role in federal criminal prosecutions
The federal criminal justice system is squarely focused on immigration activity. In the 2016 fiscal year, 68,314 defendants were prosecuted in federal courts for federal immigration crimes, the administrative office that helps operate the federal courts reported this month. This represents forty-three percent of all people prosecuted for federal crimes that year. Two crimes made up the bulk of federal immigration crime prosecutions. Illegal entry, a misdemeanor, and its felony counterpart, illegal reentry. No other category of federal crime came near immigration to receive top billing among [...]
How immigration raids affect birth outcomes
By Arline T. Geronimus On May 12, 2008, 900 ICE agents, armed with military-grade weapons and backed up by a Black Hawk helicopter, descended on the rural community of Postville, Iowa. They raided the Agriprocessors meatpacking plant and detained 389 workers, almost all of whom were Latino. Nine years later, Postville remains one of the most notorious immigration law enforcement actions in the nation’s recent history. While its legal implications have been well canvassed, the public health consequences of mass immigration policing actions like this have remained largely [...]
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 [...]
Federal prosecutor in Texas joins anti-sanctuary fray
Travis County, Texas, home to the state capital Austin, has been in a long-running battle against Republican state elected officials who have claimed the liberal haven has adopted policies that endanger the public. Governor Greg Abbott claims that Travis County’s refusal to abide by all immigration detainers “is not a pronouncement of sound public policy; it is a dangerous game of political Russian roulette — with the lives of Texans at stake.” In response, the governor directed the state’s criminal justice division to cut off approximately $1.5 million in state funding that was slated to go [...]