The six-part Netflix docuseries Immigration Nation, which the Trump administration tried to block the release of until after the election, offers an in-depth look into the inner workings of US immigration agencies under the Trump administration. The series focuses on Immigration and Customs Enforcement (ICE), the federal agency that increased arrests of immigrants by forty-two percent in the first eight months of the Trump presidency. Filmmakers Shaul Schwarz and Christina Clusiau were granted rare access to ICE agents working in New York City, Charlotte, North Carolina, and on the border outside Tucson, Arizona as well as inside detention facilities. The show follows immigration officers, supervisors, administrators, and judges as well as immigrants, including one elderly asylum-seeker detained for fleeing gang violence, a former cop from El Salvador who fled to America, and war veterans who have been deported, as well as parents separated from their underage children. After viewing the series, Sonia Saraiya writes in Vanity Fair: “There still exists the idea of America as a nation that welcomes all—and then there is the country we actually live in, where we send refugees back to near-certain death at the hands of vicious gangs. It seems we’ve gotten so busy punishing people for wanting to be here that we’ve forgotten to be a country worth immigrating to.”
The New York Times: “$10 Million from FEMA Diverted to Pay for Immigration Detention Centers, Document Shows”
The Department of Homeland Security (DHS) reallocated funds for use by the Federal Emergency Management Agency (FEMA) for hurricanes and natural disaster relief to Immigration and Customs Enforcement (ICE) in order to pay for additional detention centers and removal operations, according to a document released by Senator Jeff Merkley of Oregon last week. Merkley released the thirty-nine-page document to The Washington Post as Hurricane Florence approached the East Coast. The document notes a transfer of funds, originally meant for efforts including “Preparedness and Protection” and “Response and Recovery,” that was transferred to ICE for detention beds, transportation, and removal programs. “At the start of hurricane season – when American citizens in Puerto Rico and the U.S. Virgin Islands are still suffering from FEMA’s inadequate recovery efforts – the administration transferred millions of dollars away from FEMA. And for what? To implement their profoundly misguided ‘zero-tolerance’ policy,” Merkley says.
Read moreUSCIS Updates Notice to Appear Policy Guidance to Support DHS Enforcement Priorities
US Citizenship & Immigration Services (USCIS) issued updated guidance that changes when individuals can be put in removal proceedings. The updated guidance aligns USCIS policy for issuing Form I-862, Notice to Appear—a document given to foreign nationals that instructs them to appear before an immigration judge on a specific date and commences removal proceedings against them—with the immigration enforcement priorities of the Department of Homeland Security (DHS).
Read moreThe Washington Post: “Immigration crackdown shifts to employers as audits surge”
Under the Trump administration, immigration officials have substantially increased audits on companies to verify that employees are authorized to legally work in the US. The increased efforts are focusing on both building criminal cases against noncompliant employers as well as removing employees working in the US without legal documentation. Immigration and Customs Enforcement (ICE) reports that there were 2,282 employer audits opened between October 1, 2017 and May 4, 2018, a sixty percent jump from the 1,360 audits opened between October 2016 and September 2017. Derek Benner, head of ICE’s Homeland Security Investigations unit, tells the Associated Press that planned audits for this summer would push the total “well over” 5,000 by September 30. Comparably, in 2013 there were 3,127 ICE audits.
Read moreSanctuary Cities 101
While immigration enforcement in the US has often been the subject of heated debate, the question of how immigration law should be enforced and by whom has reached a fever pitch in the year since President Trump took office. Cities such as New York, Los Angeles, and Chicago, among others, have been labeled “sanctuary cities” based on their political and policy responses to immigration enforcement efforts by the current and past presidential administrations. In the past year, the tension between the Trump administration and these (and other) local governments has led to a struggle that is currently playing out in police stations, legislatures, and courts throughout the United States. The topic is a complicated one, and the laws around these cities are currently in flux, but we’ve put together a brief primer on so-called “sanctuary cities.”
Read moreAP: “Immigration authorities detail plan for courthouse arrests”
US Immigration and Customs Enforcement (ICE) formalized a policy last month that allows ICE officers to make arrests in state, local, and federal courthouses, despite complaints from judges and immigration advocacy groups that this tactic creates fear among victims of crime, witnesses, and family members. The ICE memo, signed off by Acting ICE Director Thomas D. Homan, says courthouse enforcement only targets immigrants with criminal convictions, gang members, threats to national or public safety, those who have been ordered removed but did not leave the US, and those who have re-entered illegally after being removed.
Read moreThe New York Times: “A Game of Cat and Mouse With High Stakes: Deportation”
The federal government’s current heightened focus on arresting and deporting undocumented immigrants has turned courthouses in New York State and across the country into places where criminal law practitioners “face off” against immigration law enforcers. Although Immigration and Customs Enforcement (ICE) officials are prohibited from making arrests inside courtrooms, they are permitted to do so in hallways and directly outside courthouses. The prevalence of ICE agents, often in plain clothes, making arrests has reportedly made many immigrants afraid to appear in court as defendants or witnesses.
Read moreWhatever They Want
New Haven Register: “Connecticut women who was to be deported takes refuge in New Haven church”
Since President Trump took office in January, arrests of undocumented immigrants have increased over forty percent compared to the final three months of the Obama administration. Immigration and Customs Enforcement (ICE) agents arrested 13,914 people last month, and the agency averaged 13,085 monthly arrests from February through June of this year. (In the final three months of the Obama administration, ICE averaged 9,134 arrests per month.) While the Trump administration has not converted those arrests into more deportations—rather numbers are steadily dropping—ICE Acting Director Thomas Homan recently explained that the drop is because of the backlog in federal immigration courts and the lengthy time to process each case. Perhaps the most telling piece of data: the biggest increase in arrests involved undocumented immigrants without a criminal record, a 156% increase from last year.
Read moreWhat Is Immigration Jail Like?
Each day the United States detains tens of thousands of people in detention facilities and local jails throughout the country. More than 400,000 are detained (including border apprehensions) on average each year. People are detained in the border area in facilities run by Customs and Border Protection (CBP) as well as in privately-owned and operated facilities throughout the country that are contracted by Immigration and Customs Enforcement (ICE). ICE also contracts local jails throughout the country to hold detainees held during removal proceedings.
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