Arizona and the federal government await a decision from a Phoenix district judge on whether enforcement of SB 1070 will move forward on July 29th, or whether all or some parts of the law will be enjoined. Meanwhile, local law enforcement is struggling to interpret SB 1070 and provide training to officers, which could be further complicated if the judge allows only some parts of the law to go forward.
In this new report released today by the Immigration Policy Center, journalist Jeffrey Kaye reveals that "instead of 'statewide and uniform practices' as directed by the governor, Arizona police agencies have developed a patchwork of guidelines based on varying interpretations of the law."
Kaye's reporting includes interviews with police officials, who cite concerns with implementing the new law, and a review of training materials that suggest the implementation of SB 1070 will differ from one jurisdiction to another, and even within police agencies, and "will be burdensome, costly, and distort priorities."
While visiting Phoenix, AZ in late January with a group of evangelical leaders who were in the border region to learn more about immigration, I met an immigrant family struggling to survive in a difficult economy. The father was employed as a mechanic but recently lost his job and lived in constant fear of being separated from his two young children who are U.S. citizens. This man considered moving his family back to Mexico because life was so hard in Phoenix, but was concerned about his two young children who would go back to a country they never knew. They were generous in feeding a group of American visitors delicious homemade Mexican food, as their children ran around the yard, yelling at each other in a mix of Spanish and English. During the same visit, my colleague met an undocumented immigrant woman named Maria whose son was killed by a drunk driver. She cannot press charges, however, because of her undocumented status.Read more...
Immigration Enforcement without Immigration Reform Doesn’t Work
This week, the Senate will consider amendments to the Emergency Supplemental Appropriations Bill that would add thousands of additional personnel along the border (including the National Guard), as well as provide millions of dollars for detention beds, technology, and resources. Yesterday, bowing to pressure, President Obama announced that he would send 1,200 National Guard troops to the border and request $500 million for additional resources. All of this attention on resources for the border ignores the fact that border enforcement alone is not going to resolve the underlying problems with our broken immigration system.
UPDATED 05/26/10 - Arizona’s controversial new immigration law (SB 1070) is the latest in a long line of efforts to regulate immigration at the state level. While the Grand Canyon State’s foray into immigration law is one of the most extreme and punitive, other states have also attempted to enforce federal law through state-specific measures and sanctions. Oklahoma and Georgia have passed measures, with mixed constitutional results, aimed at cracking down on illegal immigration through state enforcement. Legislators in 45 states introduced 1,180 bills and resolutions[i] in the first quarter of 2010 alone, compared to 570 in all of 2006. Not all state legislation relating to immigration is punitive—much of it falls within traditional state jurisdiction, such as legislation that attempts to improve high school graduation rates among immigrants or funds. The leap into federal enforcement, however, represents a disturbing trend fueled by the lack of comprehensive immigration reform at the federal level.
Supporters of Arizona’s harsh new immigration law claim that it is, in part, a crime-fighting measure. For instance, the bill’s author, Republican State Senator Russell Pearce of Mesa, confidently predicts that the law—which requires police to investigate the immigration status of anyone who appears to be unauthorized—will result in “less crime” and “safer neighborhoods.” However, Sen. Pearce overlooks two salient points: crime rates have already been falling in Arizona for years despite the presence of unauthorized immigrants, and a century’s worth of research has demonstrated that immigrants are less likely to commit crimes or be behind bars than the native-born. While much has been made about kidnappings in Arizona, law-enforcement officials indicate that most of these involve drug smugglers and human smugglers, as well as smuggled immigrants themselves—not the general population of the state. Combating crime related to human smuggling requires more trust between immigrants and the police, not less. Yet the undermining of trust between police and the community is precisely what Arizona’s new law accomplishes. In the final analysis, immigration policy is not an effective means of addressing crime because the vast majority of immigrants are not criminals.
Many people believe that only illegal immigrants are deported. However, thousands of long-term legal immigrants are deported each year. While some are deported for committing serious crimes, many more are deported for committing minor, nonviolent crimes, and judges have no discretion to allow them to stay in the U.S.—even if they have U.S. citizen children.
The Secure Border Initiative (SBI), launched by the Department of Homeland Security (DHS) in 2005, is a cautionary tale of the dangers inherent in seeking a technological quick fix to the problem of unauthorized immigration. SBI calls not only for fencing the U.S.-Mexico border in the literal sense, but constructing a “virtual fence” as well. Since physical fencing can be climbed over, broken through, or dug under, it is complemented in SBI by a system of cameras and sensors—known as “SBInet”—that will, in theory, alert the Border Patrol whenever an unauthorized border crossing occurs.
Since 2004, the Immigration and Customs Enforcement Agency (ICE) has greatly expanded its partnerships with local police through the 287(g) program. As of March 2010, more than 1,075 local officers have been trained and certified through the program under the 67 active Memoranda of Agreement (MOAs) in 24 states. However, while the number of MOAs has increased, the numerous problems surrounding them have also become more apparent. Recent reports have found that 287(g) agreements are costing localities millions to implement while ICE provides little oversight and support to the program. Additionally, crime-solving activities are being compromised, the trust between police and community is eroding, and accusations of racial profiling and civil rights violations are on the rise. Furthermore 287 (g) agreements are being used as political tools that interfere with the kind of true community policing that protect and serve our communities.
Expanding mandatory E-Verify would threaten the jobs of thousands of U.S. citizens and saddle U.S. businesses with additional costs—all at a time when we need to stimulate our economy. Expanding E-Verify now would be in direct contradiction to the goal of creating jobs and would slow America’s economic recovery.
The month of March marks the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies. It also marks the end of a sweeping internal review ordered by Secretary Janet Napolitano, a review which as not been made public. In order to assess the first year of immigration policy under the Obama Administration, the Immigration Policy Center releases the following Special Report which compare DHS's actions with the recommendations (Transition Blueprint) made to the Obama Transition Team’s immigration-policy group. How does DHS stack up? The following IPC report finds a department caught between the competing priorities of old broken policy and new reforms. While DHS has failed to meet key expectations in some areas, it has engaged thoughtfully and strategically in others, and has made some fundamental changes in how it conducts its immigration business.