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Is immigration detention a feature of incarceration?

A pair of reports produced by well-respected policy organizations in the United States implicitly raised a question about the proper role of immigration detention in discussions of imprisonment generally. Should we consider immigration detention as a wholly distinct topic from incarceration or is immigration detention a part of incarceration policies? A report produced by the estimable Brennan Center for Justice on reforming financial incentives propelling mass incarceration took the former approach. The report, Reforming Funding to Reduce Mass Incarceration, is an impressive assessment [...]

Posted by César on January 7, 2014 on 9:00 am 2 Comments
Filed Under: commentaries, imprisonment, mandatory detention

New ICE policy on segregated confinement

A new ICE policy on use of segregated detention surfaced last week. The policy appears to respond to widespread criticism of ICE’s use of detention by more clearly articulating circumstances in which segregation is permitted. U.S. Immigration and Customs Enforcement, Review of the Use of Segregation for ICE Detainees (September 4, 2013). As I summarize in a forthcoming article in the UCLA Law Review, immigration detainees are reportedly placed in solitary confinement where they are locked in cells for twenty-three hours a day without contact with other detainees. A recent review of [...]

Posted by César on September 10, 2013 on 9:00 am Leave a Comment
Filed Under: imprisonment, mandatory detention

Report reveals key info about immigration prisons

A report by Human Rights First discloses a wealth of hard-to-find information about the nation’s burgeoning immigration detention system. Jails and Jumpsuits: Transforming the U.S. Immigration Detention System—A Two-Year Review (2011) goes a long way to shattering the legal claim that immigration detention is a form of civil confinement. Though this report was published two years ago, I only recently came across it and found it very informative. Over and over, the report exposes immigration detention centers as using the same procedures as criminal jails. Detainees usually wear uniforms that [...]

Posted by César on August 1, 2013 on 9:00 am Leave a Comment
Filed Under: imprisonment, mandatory detention

ICE Risk Assessments: From Mass Detention to Mass Supervision?

Mark Noferi and Robert Koulish [Ed. Note: Today, Mark Noferi is joined by Professor Robert Koulish, a political scientist in the Department of Government and Politics at the University of Maryland who also teaches immigration law at Maryland’s Carey School of Law. Professor Koulish’s most recent book is “Immigration and American Democracy: Subverting the Rule of Law,” in which he examined immigration control as a laboratory for post-9/11 expansion of U.S. executive power, and he is co-editing “Immigration Detention, Risk and Human Rights—Studies on Immigration and Crime” (2014 release). His [...]

Posted by César on May 16, 2013 on 9:00 am 34 Comments
Filed Under: bond, commentaries, Congress, guest blogger, imprisonment, mandatory detention, proposed legislation

Detention & Due Process in S. 744: The NYC Bar Speaks Out, Part 2

Mark Noferi Yesterday, I highlighted the New York City Bar Association immigration committee’s advocacy for universal appointed counsel in immigration proceedings, as well as City Bar’s analysis of Senate Judiciary Committee amendments that would roll back the limited right provided by S. 744. (City Bar’s April 24 letter supporting appointed counsel is available here, and its statement here). Today, I’ll highlight City Bar’s advocacy for reduced detention, and its analysis of amendments that, similarly, roll back the advances provided by S. 744. (City Bar’s second letter supporting [...]

Posted by César on May 15, 2013 on 9:00 am 37 Comments
Filed Under: bond, burden, commentaries, Congress, guest blogger, mandatory detention, proposed legislation, right to counsel

The Mentally Ill Immigrant & Due Process

Patty Corrales On April 23, 2013, a federal district judge ordered in the case of Franco-Gonzalez v. Holder, a class action lawsuit, the U.S. Immigration and Customs Enforcement, the Attorney General, and the Executive Office of Immigration Review to provide legal representation to immigrant detainees with mental disabilities who are facing deportation and who are unable to adequately represent themselves in immigration hearings. Franco-Gonzalez v. Holder, No. CV 10-02211 DMG, slip op. (C.D. Cal. April 23, 2013) (Gee, J.). The ruling is the first of its kind for immigrant detainees who are [...]

Posted by César on May 7, 2013 on 9:00 am 83 Comments
Filed Under: guest blogger, mandatory detention, U.S. District Courts

Time to Rethink Immigration Detention

Last month’s release of immigrants from immigration detention centers brought praise from immigrants' rights advocates and impassioned criticism from conservative politicians. House Speaker John Boehner decried the decision to “let criminals go free” and chairman of the House Judiciary Committee Bob Goodlatte added, "By releasing criminal immigrants onto the streets, the administration is needlessly endangering American lives." It was no surprise that the White House quickly distanced itself from last month's events. The Obama Administration has expanded the immigration detention population [...]

Posted by César on March 28, 2013 on 9:00 am 51 Comments
Filed Under: CCA/CoreCivic, commentaries, imprisonment, mandatory detention, Scholars Sidebar

Scholars Sidebar: The Perverse Logic of Immigration Detention

A few months back the Columbia Journal of Race and Law published my short essay on the rational if unsavory growth of immigration imprisonment. César Cuauhtémoc García Hernández, The Perverse Logic of Immigration Detention: Unraveling the Rationality of Imprisoning Immigrants Based on Markers of Race and Class Otherness, 1 Columbia Journal of Race and Law 353 (2012). So long as our immigration law enforcement policy prioritizes removal of people who have been convicted of a crime and our criminal law regime disproportionately impacts people of color, then, I argue, we will continue to rely on [...]

Posted by César on February 12, 2013 on 9:00 am 1 Comment
Filed Under: commentaries, imprisonment, mandatory detention, Scholars Sidebar

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César’s Recent Media

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

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  • 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

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