crimmigration.com

The intersection of criminal law and immigration law

Archive

After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

Trump/McConnell bill would boost ICE detention reach

The bill that President Trump touted as a shutdown-ending compromise is doomed to stall in the Democrat-controlled House of Representatives, but its boost to ICE’s detention powers is worth considering because it maintains a recent trend. Tucked into page 417, the bill dedicates $4,989,158,000—that is, just shy of $5 billion—to ICE’s enforcement, detention, and removal operations. This is a slight bump from the $4.1 billion that the agency’s Enforcement and Removal Operations division received through the Consolidated Appropriations Act of 2018 . ERO is one of ICE’s four units, though it [...]

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 [...]

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 [...]

With DACA’s demise, renewed focus on Dream Act of 2017

After this week’s announcement by Attorney General Jeff Sessions that the Trump administration has decided to end the Deferred Action for Childhood Arrivals (DACA) program, congressional attention quickly turned to possible legislative responses. A growing bipartisan list of members of Congress have indicated their support for the Dream Act of 2017, the latest version of the well-known proposal to provide a legalization route for young people who came to the United States without authorization. Introduced by Senators Richard Durbin (D-Illinois) and Linsey Graham (R-South Carolina) in July, [...]

Focusing on criminals distorts immigration policies

In a welcome bipartisan moment, Democratic Senator Richard Durbin and his Republican colleague Lindsey Graham introduced a revamped version of the Dream Act, a long-stalled proposal to grant legal status to young immigrants brought here as children. Like earlier versions, the Dream Act’s latest iteration would not help youth who have committed a variety of crimes. Though a White House official said that the president is unlikely to support it, immigrants’ rights groups applauded Durbin and Graham and launched campaigns to pressure more legislators to follow suit. A day later, news broke that [...]

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. [...]

With SB 4, Texas faces legal and public safety climb

By Joshua Mitson Since President Trump’s inauguration a wave of “anti-sanctuary city” bills have been proposed by state legislatures across the country. Last Thursday, one of the most extreme variations of these bills was approved by the Texas state legislature and on Sunday, Governor Greg Abbott signed it into law. Senate Bill 4 (SB 4) is, in many ways, a standard anti-sanctuary policy – it compels local law enforcement agencies to honor ICE detainers, it forbids campus peace officers from obstructing local police from inquiring into immigration status of arrestees and compels [...]