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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A new report by the Transactional Records Access Clearinghouse (TRAC) released last week reveals that Immigration and Customs Enforcement (ICE) is beginning to detain more criminal immigrants as opposed to non-criminal immigrants, which is in line with ICE Assistant Secretary John Morton’s stated goal. The numbers, however, aren’t so black and white when you examine how ICE defines criminality. ICE currently classifies “criminals” as persons found guilty of minor violations of law such as traffic offenses, disorderly conduct, as well as immigrations violations such as illegal entry. While the report, which covers the first three months of FY 2010, hints that the growing proportion of criminal detainees is the result of revised detention policies under the Obama Administration, the report begs the questions of who we’re locking up, why and at what expense.
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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 New York Times reported yesterday on a lawsuit filed against federal contractor Signal Construction, which includes allegations that Immigration and Customs Enforcement (ICE) colluded with Signal to illegally deport workers as a scare tactic and for retaliation purposes against 500 Indian guest workers who are currently in a legal battle against Signal.
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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 at the Migration Policy Institute, Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement (ICE), John Morton, outlined his vision for immigration detention reforms which he hopes will mark his time and tenure at ICE. In particular, Morton emphasized the need for detention facilities that are designed specifically for immigration detention purposes as opposed to converted prisons. His vision is to redesign facilities to look like civil detention centers rather than criminal jails. While detention advocates welcome the intention of Morton’s new goals, the question remains as to whether ICE is capable of implementing these much needed changes after years of less than favorable reports about the immigration detention system and a flurry of articles by Nina Bernstein in the New York Times detailing some of the problems in the system.
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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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According to the Associated Press, the Obama Administration said today that it will no longer detain asylum seekers who, in addition to other criteria, have displayed a credible fear of persecution in their home countries. According to the article:

Immigration and Customs Enforcement director John Morton says beginning Jan. 4, asylum seekers can temporarily enter the U.S. if they meet certain criteria. They must establish their identities, they cannot be dangerous or a flight risk, and they must have a credible fear of persecution or torture.

Currently, foreigners who come to the U.S. without valid documents can be immediately deported. Many are detained while their asylum requests are considered.

Department of Homeland Security (DHS) Secretary Janet Napolitano testified in an oversight hearing today before the Senate Judiciary Committee. While reinforcing her commitment to securing our borders and enforcing our immigration laws in smart and effective ways, Napolitano also reaffirmed her commitment to immigration reform as a way to strengthen our immigration enforcement policies—a commitment that includes, as Secretary Napolitano notes, responsibility and accountability from everyone involved:
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