By Kim Langona In Matter of Velasquez-Rios, issued on October 4, 2018, the Board of Immigration Appeals (BIA or the Board) concluded that federal law, rather than state law, must be used to determine the immigration consequences of a state conviction. 27 I&N Dec. 470, 474 (BIA 2018). Thus, a 2014 California legislative enactment that “retroactively lowered the maximum possible sentence” for a state conviction “from 365 days to 364 days, does not affect the applicability of section 237(a)(2)(A)(i)(II) of [the Immigration and Nationality Act] to a past conviction for a crime involving [...]
Oregon lawsuit challenges state, local participation in immigration enforcement
By Christopher N. Lasch and Mark Fleming On Thursday, a state trial court judge in Wasco County, Oregon (of Wild, Wild Country renown) will hear summary judgment arguments in Stovall, et. al. v. Northern Oregon Corrections dba NORCOR, No. 17-CV-31082 (Or. Cir. Ct.). At the heart of the lawsuit is a contract known as an “Intergovernmental Services Agreement” (IGSA) between NORCOR, a four-county public prison system, and the Immigration and Customs Enforcement (ICE) agency. Under the IGSA, NORCOR jails people for ICE who are in civil immigration proceedings. The question for the trial court [...]
Crimmigration and Race
By Allison Crennen-Dunlap “The Age of Nations has passed. Now, unless we wish to perish we must shake off our old prejudices and build the earth.” Pierre Teilhard de Chardin, Human Energy 37 (1969). Writing in 1969, dissident Jesuit priest and paleontologist Pierre Teilhard de Chardin envisioned a radical future toward which humanity was building—a future beyond nations and divisions in which all human beings could share as equals in their common dignity. Sadly, humanity has not lived up to Teilhard’s vision, beautiful as it was. In Race, Criminal Justice, and Migration Control (2017), [...]
Immigration budget bill summary
Congressional leaders appear to have worked out a budget plan with President Trump that is expected to get through both chambers in the coming days. The budget bill, H.R. 1625, titled the “Consolidated Appropriations Act of 2018,” helps Trump move forward with his border wall plans, but also imposes limitations on DHS’s immigration policing practices. The bill pays for federal government activities through September 30, 2018. Below is a quick summary of key provisions affecting DHS and the Justice Department’s immigration operations. DHS’s two main immigration law enforcement agencies, CBP [...]
5th Circuit: SB4 can go into force in Texas
When the Texas legislature passed Senate Bill 4 on party-line votes, it marked the most extreme immigration measure to make it through a state house since Arizona’s infamous Senate Bill 1070, the so-called “show me your papers” law. Within moments, all eyes turned to the courts. Yesterday, the U.S. Court of Appeals for the Fifth Circuit announced that most of the Texas law does not violate the U.S. Constitution. City of El Cenizo v. Texas, No. 17-50762, slip op. (5th Cir. March 13, 2018). As a result, Texas law enforcement agencies and local governments are now blocked from choosing to limit [...]
Justice Department takes swipe at California
On Tuesday, the Justice Department sued California claiming parts of three new state laws intended to protect immigrants violate the United States Constitution. This next step in the Trump administration’s hardline immigration enforcement practices isn’t a surprise. On the contrary, the ongoing dispute between federal officials and the country’s most populous and economically productive state has been leading in this direction for at least fourteen months. Now that the complaint has been filed, the irony of the Trump administration’s main legal claim is remarkable. The thrust of the Justice [...]
From probation to ICE
The Trump administration has made much of its wide immigration enforcement priorities. Every migrant who comes across the criminal justice system has reason to worry about being placed into the immigration detention and deportation pipeline. While this risk always existed under President Obama, the last ten months have seen many elected officials prominently announce their intent to defy the Trump administration by proactively helping migrants steer clear of ICE’s broad gaze. Even in nominally migrant-friendly communities, a palpable risk remains that mundane encounters with the criminal [...]
Florida steps into anti-migrant fray
A bill making its way through the Florida legislature would push the state to the front of the anti-migrant pack if enacted. House Bill 9, titled the Rule of Law Adherence Act, bears the hallmarks of past attempts by other states to make life more difficult for migrants. If approved by the state’s Republican dominated legislature, Florida would rip the anti-migrant spotlight from Texas where its Senate Bill 4 is currently mired in litigation before the U.S. Court of Appeals for the Fifth Circuit. Introduced by Republican Larry Metz, Florida’s bill targets so-called sanctuary cities through [...]
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