There's no time like a recession to find scapegoats, and immigrants are always a popular choice. Blame immigrants, legal and illegal, for the high unemployment rate. If they weren't here, the complaint goes, millions of great jobs would open up for native-born Americans who are ready and willing to do the work. Get rid of the country's 11 million illegal immigrants and you would solve the unemployment problem. Or would you?
Washington D.C. - In a blow to the state anti-immigration movement, the Supreme Court ruled today that the authority to enforce immigration laws rests squarely with the federal government, limiting the role that states may play in crafting state-level answers to immigration enforcement. By a 5-3 margin, the Court struck down three of the four provisions of SB 1070 that were challenged by the Obama administration as pre-empted under federal law. While the Court agreed that Arizona’s attempt to limit immigration by creating new laws and new penalties to punish undocumented immigrants was pre-empted, it found that a provision requiring local police to investigate the legal status of suspected undocumented immigrants was not pre-empted on its face. The court read this provision very narrowly, however, leaving open the door to future lawsuits based on racial profiling and other legal violations. Read more...
Washington, D.C.—The Legal Action Center (LAC) is pleased to announce the issuance of a new practice advisory, Reinstatement of Removal. A person who has been removed and illegally reenters the United States may be subject to reinstatement of removal under INA § 241(a)(5). This Practice Advisory provides an overview of the reinstatement statute and implementing regulations. It also addresses federal court review of reinstatement orders and potential arguments to challenge the legality of reinstatement orders, including challenges to the underlying removal order.
This practice advisory includes a sample reinstatement order, a sample letter to DHS requesting a copy of the reinstatement order, a checklist for potential challenges to reinstatement orders, and an appendix of published reinstatement decisions. The LAC issued this advisory jointly with the National Immigration Project of the National Lawyers Guild.
Since 9/11, Congressional appropriations for border security have skyrocketed. This influx of resources to U.S. Customs and Border Protection (CBP) has corresponded with increased reports of pretextual arrests, racial profiling, excessive use of force, and coercive tactics to aid immigration enforcement along both borders. Although these enforcement practices often violate the constitutional, statutory or regulatory framework governing the conduct of CBP officers, they are rarely challenged in immigration court.
The LAC’s new practice advisory discusses some of the factual scenarios that may give rise to successful motions to suppress evidence obtained unlawfully by CBP officers, including CBP inspectors stationed at ports of entry and Border Patrol agents, who operate between ports of entry. It also addresses some of the legal issues specific to motions to suppress evidence obtained at and near the border. If successful, a motion to suppress can prevent the government from using unlawfully obtained evidence to prove alienage, which may result in the termination of removal proceedings. Read more...
“Immigrants don’t want to learn English.” “Immigrants don’t pay taxes.” “Immigrants increase the crime rate.” “Immigrants take jobs away from Americans.” “Immigrants are a drain on the U.S. economy.” “Illegal immigrants are a burden on the U.S. health care system.”
Americans have been using these generalizations for 150 years to stigmatize members of every ethnic group that has traveled to these shores seeking a better life for themselves and their children.
NEW YORK, Apr 5 (IPS) - A controversial government programmeme that enlists local police officers and sheriff's deputies to help enforce U.S. immigration laws is verging on being out of control and unable to assess whether it is meeting its stated goals.
Arizona legislators are fed up with being terrorized by illegal immigrants, and they have passed a law to get tough. Under the measure, passed this week and sent to the governor, police would have to stop and question anyone they suspect of being in this country without legal authorization.