Yesterday marked the seventh anniversary of the Department of Homeland Security (DHS) and its immigration agencies: Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). It also corresponds to the due date set by Secretary Janet Napolitano for completion of a sweeping internal review of DHS. While the internal review results have never been made public, an external review reveals that DHS is struggling with the challenges of reform—both administrative and legislative—and finds itself attempting to create more humane ways to enforce broken laws, which is ultimately a losing proposition.
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Department of Homeland Security (DHS) Secretary Janet Napolitano spent the past two days testifying in front of congressional committees addressing concerns over President Obama’s fiscal year (FY) 2011 DHS budget. Mixed in among the complaints over proposed cuts in cyber security and the Coast Guard were a number of budget decisions with immigration implications. Chief among those decisions were a cut in border patrol agents, the status of the troubled SBInet program, and worksite enforcement efforts—including the oft-maligned E-Verify program.
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In a new report, The Criminal Alien Program: Immigration Enforcement in Travis County, Texas, the Immigration Policy Center (IPC) and author Andrea Guttin examine the Criminal Alien Program (CAP)—which may be one of the oldest, biggest, and least understood federal immigration enforcement program. While it is ubiquitous in U.S. prisons and jails, very few are aware that it exists or of how it works.
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The number of unauthorized immigrants living in the U.S. dropped by roughly 1 million last year, according to a new report released by the Department of Homeland Security (DHS) yesterday. As of January 2009, the number of unauthorized immigrants currently residing in the U.S. totaled 10.8 million, down from 11.6 million in January 2008, marking the second consecutive year of decline. As numerous reports have noted, not since 2005 has the number of unauthorized immigrants been so low.
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The Fiscal Year (FY) 2011 budget request for the Department of Homeland Security (DHS), which Homeland Security Secretary Janet Napolitano unveiled yesterday, exemplifies the enforcement mentality which pervades the federal government’s approach to immigration. The two immigration-enforcement components of DHS—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—consume 30% of the department’s total budget, while the immigration-services component, U.S. Citizenship and Immigration Services, is allotted a mere 5%. However, the budget request does throw a few much-needed crumbs to programs such as Asylum and Refugee Services and Immigrant Integration and Citizenship.
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Today, Department of Homeland Security Secretary Napolitano announced the designation of Temporary Protective Status (TPS) for eligible nationals of Haiti, whose homeland was devastated by an earthquake earlier this week. According to Secretary Napolitano, as of January 12, 2010, the estimated 100,000 to 200,000 unauthorized Haitians currently in the U.S. will be granted TPS, which will allow them to continue living and working in the U.S. for the next 18 months. Napolitano also noted that TPS will not apply to Haitian nationals who attempt to leave Haiti to seek refuge in the U.S.

“Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery,” Napolitano said.

Earlier this week, DHS suspended deportation of nationals back to Haiti. In the days following the earthquake, advocates and congressional leaders urged the Obama Administration to grant TPS to Haitian nationals in the U.S.

By TYLER MORAN*

The E-Verify website claims that the process for verifying whether workers are authorized for employment in the United States is simple. The practices of the Social Security Administration (SSA), the agency that jointly administers E-Verify with the Department of Homeland Security, tell a different story. According to a report released this month by the SSA Inspector General, though required by law, the agency failed to use E-Verify on nearly 20 percent of their new hires. The report documenting SSA’s myriad mishaps is proof of what workers’ rights advocates have long believed: E-Verify is still not ready for widespread use.
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Tuesday’s devastating earthquake in Haiti is the latest and deadliest tragedy to befall one of the world’s poorest countries. As the death toll mounts and the full measure of the destruction is taken in, the call for urgent humanitarian relief is already being answered by the United States. Presumably, those relief efforts will be supplemented by additional long-term foreign aid packages, much like the relief that followed a series of hurricanes and tropical storms in 2008.

Whenever a disaster of this magnitude occurs, however, the immigration arm of the government also must respond. DHS has already announced that it is temporarily suspending the removal of Haitians scheduled to be returned to their country. Thousands more—some here as temporary visitors, others seeking asylum or currently in immigration proceedings, and many more here as undocumented immigrants—face an uncertain future.
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Despite claims of increased transparency, accountability, and oversight, Nina Bernstein of the New York Times has unearthed more cover-ups at Immigration and Customs Enforcement (ICE). These new findings have attorneys, advocates, and the public wondering if and when ICE will make good on its promise to reform the immigration detention system in demonstrable ways. Two issues that have recently come to light cast doubt on these promises.
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Everyone pulled out the sports analogies last week when Congressman Luis Gutierrez and his 91 co-sponsors introduced H.R. 4321, the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009—and rightly so, as this bill marks the opening bell in the 2010 immigration debate. It is not only the first major piece of comprehensive reform legislation introduced in the 111th Congress, but the first since the last debate on immigration reform, which took place in May and June of 2007 in the Senate.
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