Hot Topics in Immigration Law

Transcription

1 Hot Topics in Immigration Law A Brief Overview of the State of Immigration Law: Federal Enforcement of Immigration Laws vs. State and Local Enforcement

2 State and Local Laws An increasing number of states and local communities have passed laws targeting noncitizens in the United States, creating obstacles to their ability to find work, secure housing, or qualify for a driver s license With some success, immigrant advocates have challenged these measures in court. LAC State and Local Law Enforcement Issue Page -

3 Alabama Law and Challenges to Law Three lawsuits filed by the federal government (United States v. Alabama), a coalition of civil rights groups (Hispanic Interest Coalition of Alabama v. Bentley), and church leaders (Parsley v. Bentley) allege the statute violated various sections of the Immigration and Nationality Act, federal civil rights laws, the First, Fourth, Sixth, and Fourteenth Amendments, and the Contracts Clause of the U.S. Constitution.

4 Status of Litigation in Alabama The 11th Circuit blocked the following two provisions from remaining in effect while the appeal of the district court s ruling continues: the K-12 provision requiring students to prove their immigration status or be presumed undocumented the registration provision that made it a state crime to be undocumented in Alabama The 11th Circuit allowed the following two provisions to remain in effect while the legal challenge continues: the papers please provision that requires cops to verify the immigration status of anyone they stop who they suspect is undocumented before releasing them. If unauthorized, they must detain the individual for ICE pick-up. the provision making it a felony for undocumented individuals to enter in to business transactions with the state or any subdivision thereof

5 Federal Enforcement Administration s Position: Blames Congress for inaction - states to pass a patchwork of their own laws in an attempt to fill the void (Napolitano) Touts record deportation numbers, focusing on the deportation of criminals and repeat immigration offenders Administration must enforce immigration laws and current methods are better than in previous administrations Secure Communities (SComm) DHS program designed to identify immigrants in U.S. jails who are deportable under immigration law. Secure Communities gives ICE a technological, not physical, presence in prisons and jails. Unlike the 287(g) program, no local law-enforcement agents are deputized to enforce immigration laws through.

6 Advocating for Change in the Current Climate Case Study: Employment Authorization for Asylum Seekers and problems with the Asylum Clock Administrative Advocacy Solutions? Strategic Litigation?

7 Panelists Areas of Work Detainees/Enforcement Immigrant Youth Padilla v. Kentucky Supreme Court decision that said criminal defense lawyers must inform noncitizen clients if pleading guilty to a particular crime could result in their deportation.

8 Immigration Enforcement & Detention Alisa Wellek Immigrant Defense Project Staff Attorney/ Equal Justice Works Fellow

9 The 1996 Laws - Today 1996 IIRAIRA, AEDPA More deportable offenses Mandatory deportation and detention Limitations on access to the courts Hyper-enforcement - The Numbers Game How much $ did Congress give ICE? How many people deported since 1996? How many people deported in 2010 alone? QuickTime and a decompressor are needed to see this picture.

10 Who s at Risk of Being Deported? Undocumented immigrants Documented immigrants with certain criminal convictions QuickTime and a BMP decompressor are needed to see this picture. QuickTime and a BMP decompressor are needed to see this picture.

11 Immigration & Criminal Justice: The Big Merger ICE s primary focus for enforcement Merger is growing QuickTime and a decompressor are needed to see this picture. QuickTime and a decompressor are needed to see this picture.

12 ICE Agreements of Cooperation in Communities to Enhance Safety and Security

13 How ICE ACCESS Programs Interact with the Criminal Justice System 287(g) Jail Enforcement Teams target arrestees for interviews about immigration status Under CAP, ICE gets place of birth and other information, which they use to identify immigrants to interview Using info from Secure Communities or jail interview through CAP, ICE or 287(g) officer issues detainer While in custody, CAP agent or 287(g) officer conducts initial/additional interview of noncitizen During or shortly after interview, ICE or 287(g) officer starts paperwork for deportation Booking Into Jail After Arrest Police Stop/Arrest Arrestee in Jail Police run checks in FBI & Secure Communities databases to identify immigrants Police informally question people about immigration status, report to ICE Detainer triggers judge to deny bail, OR Bail/Custody Hearing Judge grants bail (usually higher due to detainer). If bail is posted, detainer is triggered and immigrant goes into immigration custody and deportation proceedings are started Criminal Charges & Disposition Post-Conviction 287(g) officers target immigrants Police check databases for immigration law violators Completion of sentence and release triggers immigration detainer; immigrant goes into ICE custody/detention OR Referral to US attorney for illegal reentry prosecution

14 Immigrant Detention Centers

15 What s Wrong with ICE ACCESS Programs? QuickTime and a decompressor are needed to see this picture. Provide more resources to enforce fundamentally unjust and racist immigration & criminal justice systems Create an airtight pipeline to deportation Foster additional bias against immigrants in the criminal justice system Encourage racial and ethnic profiling Give power to local & federal agents with no oversight, transparency, or governing regulations Undermine community safety Take resources away from where needed

16 Strategies for Combating Increase knowledge and rights at critical points of intervention Get information (FOIA!) and use it Challenge detainer policies (local leg, litigation, admin advocacy) QuickTime and a decompressor are needed to see this picture. Terminate enforcement programs aka mass deportation programs Don t distinguish between good immigrants and bad immigrants Get people out of detention and access to counsel Use creative cross-movement solutions where immigration is a nonstarter Support organizing efforts QuickTime and a decompressor are needed to see this picture.

17 Opportunities for Law Students Do KYR presentations at local jails, detention centers, community organizations Legal observation in immigration court (NLG) Join campaigns in your area to challenge enforcement programs Join/start a clinic where you represent people in immigration court Visit people in detention centers Bring speakers to your school Volunteer to staff hotline calls in Alabama and elsewhere Intern at organizations that work on these issues

18 Representing Unaccompanied Immigrant Children Shalyn Fluharty, Equal Justice Works Fellow Friday, October 21, 2011 Washington D.C. Catholic Charities Community Services

19 Unaccompanied Immigrant Child Under 18 years of age Non-citizen No parent or legal guardian in the United States that is available to provide care and physical custody 6. U.S.C. 279(g)(2)

20 Detained Immigrant Children Unaccompanied minors who have been detained by immigration authorities are placed in the custody of the Office of Refugee Resettlement (ORR). Over 8,000 unaccompanied children are detained in the United States every year. Largest populations include: Guatemala (27%), Honduras (17%), El Salvador (32%), Mexico (17%). These statistics only account for a percentage of unaccompanied immigrant children in the United States, because they refer to minors who are detained by immigration authorities.

21 Our Work Work with 56 detained children who are placed in Dobbs Ferry, NY at the Children s Village Provide Know Your Rights Presentations and Legal Screening Provide Friend of The Court Representation Make Referrals to other non-profit organizations Provide direct representation to kids reunifying in New York

22 Julio

23 Special Immigrant Juvenile Status Following amendments to the TVPRA in 2008, a person qualifies for SIJS if: Under age 21; Unmarried; Dependent on a juvenile court in the U.S.; Cannot reunification with one or both of their parents due to abuse, neglect or abandonment, or a similar basis found under state law; and It is not in their best interest to return to their country of last habitual residence/nationality

24 Thank You! Catholic Charities Community Services Shalyn Fluharty, Equal Justice Works Fellow (212)