Category Archive: Crime
Almost three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make “removal nearly an automatic result” for many noncitizens convicted of crimes. Consequently, the Court held that a criminal defense attorney must advise noncitizen clients about the risks of deportation …
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Permanent link to this article: http://immigrationimpact.com/2013/02/22/scotus-narrows-protections-for-noncitizens-who-received-poor-legal-advice/
On the Friday before Christmas, U.S. Immigration and Customs Enforcement (ICE) released new guidance on immigration “detainers,” the lynchpin of agency enforcement programs involving cooperation with local police. In the new guidance, ICE Director John Morton instructed agency employees to only file detainers against immigrants who represent agency “priorities.” Unfortunately, as with prior agency memos …
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Permanent link to this article: http://immigrationimpact.com/2013/01/03/new-ice-detainer-guidance-too-little-too-late/
Categories:
Administration, Constitution, Courts, Crime, Department of Justice, Deportation, Enforcement, Hearings, Immigration Law, Supreme Court, Undocumented Immigration
by Ben Winograd
October 29, 2012
In its landmark decision in Padilla v. Kentucky, the Supreme Court confirmed that criminal defense attorneys have a constitutional obligation to advise their clients if pleading guilty to a particular offense could lead to deportation. On Thursday,* the Justices will consider a follow-up question of critical importance for many immigrants placed in removal proceedings …
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Permanent link to this article: http://immigrationimpact.com/2012/10/29/supreme-court-to-consider-reach-of-padilla-v-kentucky/
Categories:
287(g), Administration, Crime, Demographics, Deportation, Detention, Enforcement, Immigration and Customs Enforcement, Police, Secure Communities, Undocumented Immigration
by Michele Waslin
October 19, 2012
The 287(g) program has been controversial and criticized for years, and immigrant advocates have demanded that US Immigration and Customs Enforcement (ICE) terminate the program. Section 287(g) of the INA allows the Secretary of Homeland Security to enter into agreements that delegate immigration powers to local police, but only through negotiated agreements, documented in Memoranda …
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Permanent link to this article: http://immigrationimpact.com/2012/10/19/ice-scaling-back-287g-program/
Categories:
Board of Immigration Appeals, Crime, Department of Justice, Deportation, Enforcement, Immigration and Customs Enforcement, Immigration Law, Supreme Court, USCIS, Visas
by Ben Winograd
October 9, 2012
Tomorrow morning, the Supreme Court will hear arguments in a complicated immigration case involving how courts should determine whether a crime qualifies as an “aggravated felony.” Once the legal clutter is set aside, however, the case provides a clear example of how our nation’s immigration laws often fail to account for the most basic considerations …
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Permanent link to this article: http://immigrationimpact.com/2012/10/09/supreme-court-case-highlights-cruel-intersection-of-immigration-and-drug-laws/
Some members of Congress are intent on portraying the Obama administration as “weak” on immigration enforcement, and they aren’t going to let facts get in their way. Yesterday, for example, the Congressional Research Service (CRS) released new data on individuals who had been identified through Secure Communities (S-Comm) but against whom ICE had not taken …
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Permanent link to this article: http://immigrationimpact.com/2012/08/01/restrictionists-misrepresent-data-on-immigration-enforcement/
By Shelby Pasell Human trafficking is a big yet commonly overlooked problem in the United States and abroad. Each year, roughly 600,000 to 800,000 people are trafficked across international borders, according to the Department of State, with about 17,500 into the United States. Despite an uptick in laws aimed at addressing this problem, U.S. law …
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Permanent link to this article: http://immigrationimpact.com/2012/07/05/why-human-trafficking-cases-are-falling-through-the-cracks/
Even as the Supreme Court struck down three provisions of Arizona’s anti-immigrant law (SB 1070), the Justices appeared to embrace a major falsehood of nativist ideology: that immigrants are more likely to be criminals than the native-born. On page six of the majority opinion, the Court maintains that unauthorized immigrants are “reported to be responsible …
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Permanent link to this article: http://immigrationimpact.com/2012/06/26/does-the-supreme-court-think-most-immigrants-are-criminals/