IPC In The News

ICE issues memo on ‘prosecutorial discretion’

John Morton, executive director of Immigration and Customs Enforcement (aka ICE), issued a memo (.pdf) last Friday that provides ICE personnel “guidance on the exercise of prosecutorial discretion to ensure that the agency’s immigration enforcement resources are focused on the agency’s enforcement priorities.”

The memo is one among several issued over the past 30 years by federal immigration authorities on how to exercise prosecutorial discretion. This latest memo explains that “the term ‘prosecutorial discretion’ applies to a broad range of discretionary enforcement decisions” that can include deferred action but also the execution of a deportation order. It offers guidelines on how to use discretion on a case-by-case basis and states that “decisions should be based on the totality of the circumstances, with the goal of conforming to ICE’s enforcement priorities.”

According to the Immigration Policy Center, there are factors that lead to the use or exercise of prosecutorial discretion in an immigration case, “with respect to investigations, arrests, detention, parole, the initiation of removal proceedings, continued litigation of removal proceedings, and even the execution of final removal orders. Examples of the favorable exercise of prosecutorial discretion in the immigration context include a grant of deferred action; a decision to terminate removal proceedings; a stay of removal; or a decision not to issue a charging document in the first place.”

The Morton memo adds that “when weighing whether an exercise of prosecutorial discretion may be warranted for a given alien, ICE officers, agents, and attorneys should consider all relevant factors.”

The memo lists a series of factors that would allow ICE officials to use discretion:

• If the alien came to the United States as a young child.

• Whether someone has graduated from a U.S. high school or has successfully pursued or is pursuing a college or advanced degree.

Published In: Florida Independent | 06/23/11

America's red-blue divide widens on illegal immigrants

America's red and blue states are increasingly going in exactly opposite directions on the issue of illegal immigration – a testament to how difficult finding middle ground has become on the federal level.

Earlier this month, Alabama followed Georgia and, most famously, Arizona in passing sweeping anti-illegal-immigration legislation. In many respects, Alabama's is the most comprehensive bill of the three, forcing schools to report how much they're spending to educate kids of illegal immigrants, for example.

That same week, however, New York State followed the lead of Illinois and opted out of the federal Secure Communities program, which is designed to identify and deport illegal immigrants in US jails who are convicted of certain felonies. They have criticized the program as casting too broad a net, deporting even "busboys and nannies." Several days later, Massachusetts also opted out, and California could be next.

As Washington has punted on federal immigration reform, states have become the laboratories to test new approaches. The picture that is emerging, though, is one of a nation divided against itself on the issue.

In the broadest terms, states with a long history of assimilating foreign-born migrants are largely defending the ideal of the United States as a "nation of immigrants," legal or illegal. Meanwhile, states that have before been largely isolated from immigration patterns are now taking a "the law is the law" approach.

The result is a pattern that roughly fits the red-blue divide with the South and inner West opposed by the Northeast and West Coast. But the patchwork of immigration policy could have a silver lining: As states struggle with the issue, their efforts could provide starting points for more meaningful federal reform.

Published In: Christian Science Monitor | 06/21/11

Mary Giovagnoli: What ICE's Latest Memo on Prosecutorial Discretion Means for Future Immigration Cases

Last week, Director of Immigration and Customs Enforcement (ICE) John Morton reminded ICE officials of their duty and obligation to use good judgment in the prosecution of immigration cases in a new memo. In a culture where many people still believe that "enforcing the law" and "removing people" are exactly the same, Morton's new memo is likely to shake some things up. While Morton's memo doesn't change the law in any way or end controversial programs like Secure Communities, it does serve as a much-needed guide for ICE officials on how, when and why to exercise prosecutorial discretion in immigration cases.

In the memo, Morton reminds ICE officers and attorneys that they should never assume that they are powerless to affect the outcome of a case -- instead, that authority rests with individual officers and attorneys to determine whether or not the positive factors in a given case outweigh the value of prosecuting that case. In fact, ICE officials need to do this regardless of whether or not immigrants or their attorney have asked for an exercise of prosecutorial discretion. The memo reiterates the need to triage cases based on ICE priorities, emphasizing the goal of putting limited resources into cases and activities that protect the country by going after those who seek to do it harm.

Published In: Huffington Post | 06/21/11

State likely to address more immigration issues in '12

A Georgia federal judge heard arguments this week over whether Georgia's new Arizona-style immigration law should stand or fall. The judge heard arguments on both the constitutionality and the practicality of enforcing the law.

The law closely mirrors Mississippi's 2011 Senate Bill 2179 - which, like the Georgia law, would have required county and municipal law enforcement officers to investigate the immigration status of certain suspects and to arrest and jail illegal immigrants. The bill failed in Mississippi when House and Senate negotiators could not agree on the law.

Those disagreements were heightened when the Mississippi Municipal League raised legitimate concerns that the bill was an "unfunded mandate" from the Legislature that would increase costs on county and municipal governments and could raise taxes.

The Mississippi bill required housing illegal immigrants in county jails and transporting them to the nearest U.S. Immigration and Customs Enforcement facility in Louisiana. But the bill provided only $20 a day for local governments to pay the costs of incarceration and no funds for transportation, medical expense and host of other potential costs.

Texas state legislators are voting this week on similar legislation. With almost 9.5 million Hispanic residents comprising nearly 38 percent of the state's population, the outcome of this law in Texas will be closely watched nationally.

If adopted, Texans would join citizens in Arizona, Utah, Georgia, Indiana, Alabama and South Carolina as states that have adopted broadly scaled state laws addressing the enforcement of federal immigration laws.

Clearly, immigration is not a problem in Mississippi of the size and scope that it is in Texas and Arizona.

Published In: Clarion Ledger | 06/21/11

Republicans Bash Immigrant Workers and Call It a Jobs Bill

Republican lawmakers Rep. Lamar Smith and Sen. Chuck Grassley made good on promises to target undocumented immigrant workers when they filed twin bills in Congress this week that would create a federal mandate forcing virtually all employers to use the database E-Verify to establish their workers’ immigration status. Smith has pitched his Legal Workforce Act as an immigration enforcement bill with a twist; he imagines it also as a job creation bill that would protect U.S. jobs from undocumented workers in an aching economy.

Immigrant rights groups have rejected that claim, calling the bill a bald attack on immigrant communities that would instead hurt the economy and make mandatory a deeply flawed immigration enforcement tool.

“This legislation is another example of putting cheap political maneuvers ahead of the interests of American workers,” said Clarissa Martínez De Castro, the director of immigration and national campaigns for the National Council of La Raza. “It will do nothing to create jobs, it will place a burden on all job-seeking U.S. citizens and legal immigrants, and it will not fix our broken immigration system.”

Smith’s bill, HR 2164, calls for nearly every employer with one or more worker to use E-Verify to check the work eligibility of both prospective and new hires. Current law calls for employers to use the system after workers are hired. HR 2164 would also decrease the number of acceptable documents that workers can use to prove their immigration status and work eligibility and would make it a felony to use a false Social Security number. The bill would be phased in over the course of the next three years.

Published In: Colorlines Magazine | 06/16/11

DREAM Act supporters publish self-help deportation guide

The record level of deportations being carried out by Immigration and Customs Enforcement includes an unknown number of immigrants who came to the U.S. at a young age, call this country home and are not aware that they are eligible for deferred action.

While deferred action is not limited to youth, according to the Immigration Policy Center, “Senators Richard Durbin (D-IL) and Richard Lugar (R-IN), for instance, last year asked the Department of Homeland Security (DHS) to defer the removal of young people who qualified for legal permanent residence until such time as their legislation, the DREAM Act, became law.”

Many young people who now face deportation proceedings would be eligible for the DREAM Act, which would grant unauthorized immigrants who entered the U.S. before the age of 16 conditional legal-resident status for a period of six years, after which they would be eligible to become legal permanent residents, if they obtain at least an associate-level college degree or serve two years in the military.

DREAM Activists — a resource network for undocumented students — has been working on deportation cases of students for a long time, along with law students and immigration attorneys.

“As we started getting more cases we realized we don’t have the resources to handle all cases and they will fall through the cracks,” Mohammad Abdollahi of DREAM Activist tells The Florida Independent, “so we sat down and came up with a guide so people can figure it out by themselves.”

The Asian Law Caucus, Educators for Fair Consideration, the National Immigrant Youth Alliance and DREAM Activist together released a Removal Defense Guide (.pdf) earlier this month.

“With over 60 pages of legal and organizing support from various successful public cases, the guide aims to provide undocumented youth, families, and lawyers with the essentials for deportation defense,” according to a press release issued by the Asian Law Caucus.

Published In: Florida Independent | 06/16/11

Let Alabama take the heat for migrant law

Alabama now has the nation's toughest immigration law. Arizona should not compete to take back that title.

Our Legislature gave the state a break this year. No controversial immigration law was passed. No new spotlight fell on Arizona.

Yet the adjective phrase "Arizona-style" is still used to describe extreme, enforcement-heavy immigration measures such as the one just passed in Alabama.

In addition to mimicking most of the provisions of Arizona's infamous Senate Bill 1070, Alabama's law builds on Arizona's employer-sanctions law and its voter-identification law.

Alabama also goes after schoolchildren with a requirement that schools report on the immigration status of students. The idea, which has been proposed in Arizona, is to create a record of the cost of educating undocumented children as a basis for challenging the 1982 Supreme Court ruling that all children should be educated, regardless of immigration status.

Checking the status of schoolchildren will mean that kids - even some who were born in this country - will be kept out of school by undocumented parents who fear questions at school will lead to deportation. Alabama's school provisions would create a permanent uneducated underclass.

Like SB 1070, the Alabama law is built around a strategy called "attrition through enforcement." The aim is to make things so uncomfortable that undocumented immigrants self-deport.

Research by the Immigration Policy Center found that undocumented migrants often just go further underground as a result of get-tough measures. They become more vulnerable and less likely to report crime, making local law enforcement more difficult.

Other provisions in the Alabama law, such as making it a crime to knowingly rent to an undocumented immigrant and barring undocumented people from enrolling in postsecondary institutions, are also part of this strategy.

Published In: Arizona Republic | 06/16/11

Our economy needs illegal immigrants

By STEPHEN M. NeSMITH JR.

As an immigration attorney, I highly favor immigrants coming to this country legally. There is no question illegal immigration is a major issue in this country and the United States needs a strong enforcement policy. But no matter what side of the debate you're on, Alabama's immigration law will only worsen our already struggling economy.

The authors of House Bill 56 claim illegal immigration causes economic hardship. Naturally, during tough economic times, we want to blame someone else for our problems. Illegal immigrants are an obvious target since there are negative consequences to their presence, such as increased education and medical costs. But what I don't understand is why my fellow Republicans ignore the benefits they bring.

The Federation for American Immigration Reform estimates illegal aliens cost Alabama $112 million. However, the Immigration Policy Center estimates illegal aliens in Alabama pay a total of $130 million in taxes (personal, property and sales). So, whatever "economic hardship" illegal aliens cause by their presence, they easily offset with the money they pay back into the system.

We are a nation of laws and must enforce those laws. But the hard truth we must face is, at this moment (and until we fix the broken immigration system), our economy is dependent on illegal immigrants.

It is simple supply and demand. Before an enforcement-centric policy would be prudent, we must ensure we have a sufficient supply of workers to meet our needs. The governor of Georgia realized this, albeit too late.

Published In: Alambam.com | 06/12/11

Educated Immigrants Outnumber Low-Skilled Ones in U.S.

The word "immigrant" often conjures up the negative images of low-skilled and likely illegally residing workers. As Benjamin Johnson, executive director of the American Immigration Council tells the Washington Post, "too often the immigration debate is driven by images on television of people jumping over fences." Yet a new report from the Brookings Institution pushes back against this stereotype, showing there are actually more college-educated immigrants of working age in the United States than those without high-school degrees.

To help understand the chart above, it's useful to look at Brookings terminology. Low-skilled immigrants are those that do not possess a high-school diploma, while high-skilled immigrants are those with a college degree, or more. The shift in the past few decades has been significant: "In 1980, just 19 percent of immigrants aged 25 to 64 held a bachelor's degree, and nearly 40 percent had not completed high school," the report states. By 2010 that 40 percent was down to 28 percent, while the percentage of immigrants holding BAs rose to 30. Mid-skilled immigrants--those that have a high school diploma or some college and no degree--are still the largest group, though the percentage has held pretty steady since the early 90's. It's worth adding that Brookings methodology did not distinguish between illegal and legal immigrants; birthplace was the sole determination of immigrant status.

It looks like good news, but not everyone sees the report as encouraging. "New college graduates are faring very poorly on the labor market, and what the report is telling us is that we're bringing in a high number of workers to compete with them," Steven Camarota, director of research at the Center for Immigration Studies, a self-described "pro-immigrant, low-immigration," think-tank in Washington D.C told the Post.

Published In: Atlantic Monthly | 06/10/11

Revealed: How majority of immigrants arriving in U.S. now have a college degree

It seems immigrants coming into the U.S. are generally a highly-educated bunch.

College-educated immigrants now outnumber those entering the country with just a high school degree - and the variation is much bigger in urban areas, a report says.

They outnumber those educated at high school by 25 per cent in 44 major American cities - and 30 per cent of working-age immigrants now have a college degree, compared to 19 per cent in 1980.

Talented arrivals: College-educated immigrants now outnumber those entering the country with just a high school degree - and the variation is much bigger in urban areas, a report by the Brookings Institution says

An increase in demand from U.S. employers has seen more college-educated immigrants arriving in the U.S. over the past decade than immigrants without high school education, reported Yahoo News.

Only 28 per cent of U.S. immigrants are without a high school diploma and half of skilled immigrants are overqualified for their jobs, a report by the Brookings Institution in Washington D.C. said.

One reason behind the rise seems to be U.S. employers favouring a foreign-born workforce because they already have the required training and expect to be paid less, reported the Washington Post.

Changes: An increase in demand from U.S. employers has seen more college-educated immigrants arriving in the U.S. over the past decade than immigrants without high school education

Samir Kumar, 39, said he looks for immigrants with the same skills and education as U.S.-born workers for his Virginia IT business.

‘They actually don't demand a very high amount of salary, the expectations are kind of grounded and they don't jump around so much,’ he told the Washington Post.

Published In: Daily Mail UK | 06/10/11