crimmigration.com

The intersection of criminal law and immigration law

ICE family prison population hits lowest point in years

In the midst of the pandemic, ICE has reduced its family immigration prison population to the lowest level since at least 2016. The agency’s three prisons where parents are confined with their children collectively held 369 people, on average, in May of this year. That’s a drop of over 2,100 people per day from the Trump administration’s peak in May 2018. Data I’ve obtained using Freedom of Information Act requests shows a steady downward trajectory for the nation’s family immigration prisons. When President Trump entered the White House in January 2017, there were almost 1,800 people held [...]

ICE holds migrants for longer in pandemic

In the midst of the Covid-19 pandemic, ICE is holding migrants in its prison system for longer periods. Last month, migrants spent almost two months longer in ICE prisons than one year earlier. By comparing ICE data on average length of stay, I’m able to consider an important feature of immigration imprisonment across multiple years. Using Freedom of Information Act requests, I’ve previously learned that in June 2018 migrants spent, on average, 36.0 days inside ICE prisons. In June 2019, they spent roughly the same amount of time there: 37.8 days. But in June 2020, the average length of [...]

C-SPAN Book TV features “Migrating to Prison”

My in-person book tour came to a halt with Covid-19, but I'm pleased to share an appearance on BookTV, the C-SPAN program. This talk took place at BookBar in Denver, an independent bookstore where the selection of books is as good as the wine offerings. https://www.c-span.org/video/?466860-1/migrating-prison In the exceptional circumstances in which we now find ourselves, I hope you will consider supporting independent bookstores like BookBar by buying directly from them. [...]

Supreme Court decision highlights need for “New Way Forward” legislation

By Alisa Wellek and Nancy Morawetz In a cruel ruling last month in Barton v. Barr, the Supreme Court upheld a Trump administration position that will deny many green card holders facing deportation the possibility of asking for relief. This decision will put more people at risk at a time when immigration detention and deportation have exacerbated the effects of the COVID-19 pandemic and there is a national movement demanding decarceration and a halt to deportations. As the pandemic rages, the Barton decision received scant attention yet it has major implications for thousands of our [...]

A conversation with Alina Das & Shoba Sivaprasad Wadhia

On Monday, May 4, I'll join two outstanding scholars and advocates, Alina Das and Shoba Sivaprasad Wadhia, to talk about immigration policing in the United States. Join us! Professors Das and Wadhia both recently published books about various aspects of immigration law and policy. In No Justice in the Shadows: How America Criminalizes Immigrants, Das describes the demonizing bent of U.S. immigration law and law enforcement. In Banned: Immigration Enforcement in the Time of Trump, Wadhia focuses on the important role of discretion in carrying out U.S. immigration law. Both represent the most [...]

Ongoing Litigation over Migrants’ Release Amid COVID-19

By Kim Langona On March 11, 2020, the World Health Organization officially declared COVID-19 a global pandemic. Two days later, President Trump declared a national emergency over the COVID-19 outbreak. To date, the Centers for Disease Control and Prevention (CDC) has reported 53,922 deaths and more than 957,000 cases in the United States alone. Immigration officials are already empowered to let people shelter in private residences as public health officials advise. According to section 212(d)(5)(A) of the Immigration and Nationality Act, the Department of Homeland Security has the power [...]

Close Immigration Prisons Now

Yesterday, I published an op-ed in The New York Times arguing for the urgent need to shut down immigration prisons in the United States. I wrote this with my brother Carlos Moctezuma García, a partner at García & García Attorneys at Law, PLLC. You can read the opinion piece, Close Immigration Prisons Now, on the Times' website. [...]

TEDx Talk: Immigration prison isn’t the answer

Liberty is too precious for anyone to lose it because politicians want votes and private corporations want money. That's what I told the 5,000 people who heard my TEDx talk in Denver last November. Now you can watch too. My talk builds on Migrating to Prison: America's Obsession with Locking Up Immigrants. Since the book's release in December, I've been talking to audiences around the United States about the United States' use of immigration prisons--why we use them and why we shouldn't. Check out where I'll be visiting in the coming weeks. And if you haven't already, I hope you'll pick [...]