Under 8 CFR. § 287.7, an “authorized immigration officer” may issue Form I-247, Immigration Detainer – Notice of Action, to a law enforcement agency (LEA) that has custody of an alleged noncitizen. A detainer is a request that an LEA notify ICE prior to releasing the individual so that ICE may make arrangements to assume custody within 48 hours after the person would otherwise have been released.
In June 2011, ICE released a new detainer form. According to ICE, the new form more clearly indicates that state and local authorities may not detain an individual for more than 48 hours; that local law enforcement authorities are required to provide arrestees with a copy of the detainer form, which has a phone number to call if the subject of the detainer believes his or her civil rights have been violated; and that ICE has flexibility to issue a detainer contingent on conviction. It remains to be seen whether changes to the form will resolve longstanding problems with detainers that increasingly have resulted in litigation.
Lawsuits generally have challenged local law enforcement authorities’ unlawful practice of holding noncitizens on expired detainers. Below is a non-exhaustive list of cases that have addressed immigration detainer issues.
Roy v. Los Angeles County, No. 12-9012 (C.D. Cal. filed October 19, 2012)Read more...
In the days leading up to the tenth anniversary of 9/11, I walked around New York City with Nayana Sen and Leigh Thompson, asking people what they thought about immigration and the slurs too often used to describe immigrants today. We started out at Battery Park, where people take ferries out to see the Statue of Liberty and Ellis Island. The site is part of the Immigration and Civil Rights Sites of Conscience Network, committed to use historical perspective in order to stimulate ongoing local and national conversations on immigration and its related issues, promote humanitarian and democratic values, and treat all audiences as stakeholders in the immigration dialogue.
Inspired by the Sites of Conscience’s work, we asked people what they knew about their families’ roots in the U.S., what they thought about how immigrants are treated now and whether or not they agree with use of the i-word to describe people.
In most of our pre-interviews, people wanted to be on camera—but as soon as we said “immigration,” we got confused looks, artful turn-downs and fast walkers. It was a reality check about how unprepared and uncomfortable a lot of people feel when faced with this urgent topic.Read more...
Vartelas v. Holder, 565 U.S. __, 132 S. Ct. 1479 (2012)
In a 6-3 decision, the Supreme Court ruled that INA § 101(a)(13)(C)(v) -- which states that lawful permanent residents (LPRs) are regarded as seeking "admission" to the United States if they previously committed certain criminal offenses -- does not apply retroactively to guilty pleas that were entered before the law took effect. In so doing, the Court overturned a lower court decision holding the law applied to convictions occurring prior to the law's 1997 effective date, when LPRs possessed the right to take temporary trips abroad without fear of being denied rentry upon return. The Legal Action Center has issued a Practice Advisory offering strategies for LPRs affected by the decision.
In addition to recommendations of cities to visit during the holidays and a guide to office gift exchanges, this holiday issue includes an alum's memories of a road trip in Texas and the exchange visitor of the month's encounter with a friendly bus driver in Chicago.
The American Heritage Dictionary has added "offensive" to the definition of "anchor baby" in the dictionary after criticism from Latino groups.
Immigrationimpact.com, a project of the nonprofit American Immigration Council, questioned the inclusion of the "anchor baby" definition. On their website, they describe the new definition as "one that was crafted to reflect more accurately just how artificial a term it really is."
The online version of the American Heritage Dictionary now defines "anchor baby" as:
"Offensive Used as a disparaging term for a child born to a noncitizen mother in a country that grants automatic citizenship to children born on its soil, especially when the child's birthplace is thought to have been chosen in order to improve the mother's or other relatives' chances of securing eventual citizenship..."
In January, lawmakers in Washington pushed to change the law so babies born to illegal immigrants could no longer be given automatic citizenship.
Former Arizona state Sen. Russell Pearce paved the way for Arizona's controversial immigration enforcement law supported the legislation in a bill he proposed in 2010.
In May, when CBS 5 Investigates showed Pearce an email referring to "anchor babies" that he forwarded, he said he didn't find anything wrong with the language.
"It's somebody's opinion … What they're trying to say is it's wrong, and I agree with them. It's wrong," said Pearce.
The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.
The International Exchange Center is proud to announce Yves Thiers as this month’s Exchange Visitor of the Month. Yves came to the United States from Belgium soon after graduating with a Master of Industrial Science degree. He hoped to be able to gain hands on knowledge of the engineering projects he studied at university. His host company, Dal-Tile Corporation, was just the place for this. Dal-Tile Corporation is a tile manufacturer and distributor based out of Dallas, TX. Read more...
Immigration advocates said Monday that an “attrition through enforcement” immigration strategy is nothing new, and already interferes with the daily lives of undocumented and their families, including U.S.-born children.
The term “attrition through enforcement” was first used by immigration restrictionists in 2003 and implemented in 2005, Michelle Waslin of the Immigration Policy Center said on a conference call Monday. Waslin added that immigration restrictionist organizations like the Federation for American Immigration Reform, the Center for Immigration Studies and Numbers USA have sought to market the strategy by arguing it would prove less expensive and more reasonable than mass deportation.
Waslin said the strategy would force undocumented immigrants to leave, regardless of how long they have been in the U.S. and how this impacts U.S.-born children. She added that citizens will pay more in taxes to implement the strategy, which also impacts businesses.
Jonathan Blazer of the American Civil Liberties Union said during the call that “states have served as major laboratories of experimentation for [immigration] restrictionists who seek to push the bills farther and farther.”
He added that because language in state bills is copied word for word and introduced simultaneously, the movement is “a nationally coordinated effort through” groups like the Federation for American Immigration Reform, known as FAIR, the Immigration Reform Law Institute, State Legislators for Legal Immigration and the American Legislative Exchange Council.
Three Florida state representatives are current members of State Legislators for Legal Immigration, including Rep. Gayle Harrell, R-Port St. Lucie, who filed a bill in the current legislative session that would mandate the use of an employment authorization program known as E-Verify.Read more...
All proceeds from the purchase of books go to the American Immigration Council and its educational initiatives. Scroll down to check out our inventory of signed copies of immigration related books.
Davy Brown Discovers His Roots
By Keely Alexander and Velani Mynhardt
The American Immigration Council partnered with authors Velani Mynhardt Witthöft and Keely Alexander of Keely Velani LLC and created Davy Brown Discovers His Roots. The colorfully illustrated book tells the story of a young boy and his friends as they discover that everybody has an immigration story, whether their families arrived today or generations ago. The story, which is aimed toward 7-12 year olds, is a great way to introduce the concept of the many ways people come to the United States permanently and temporarily. It is a perfect conversation starter for a family discovering their roots or for a classroom teacher starting a unit on immigration.