Download or read book Immigration Detainers written by Kate M. Manuel and published by Createspace Independent Publishing Platform. This book was released on 2014-07-15 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report that provides background information regarding the Immigration and Naturalization Service rules and regulations and discusses the "immigration detainer", a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies that it seeks custody of individual aliens whom these agencies are detaining.
Download or read book Immigration Detainers written by Kate Manuel and published by . This book was released on 2012 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: An "immigration detainer" is a document that advises other law enforcement agencies that the Department of Homeland Security (DHS), and specifically U.S. Immigration and Customs Enforcement (ICE), seeks custody of an alien whom they are holding in order to arrest and remove the alien. ICE and its predecessor, the Immigration and Naturalization Service (INS), have used detainers as one means of obtaining custody of aliens for removal proceedings since at least 1950. However, implementation of the Secure Communities program has recently prompted numerous questions about detainers. This program relies upon information sharing between various levels and agencies of government to identify potentially removable aliens.
Download or read book Immigration Detainers written by Congressional Research Service and published by CreateSpace. This book was released on 2014-10-06 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: An “immigration detainer” is a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies of its interest in individual aliens whom these agencies are detaining. ICE and its predecessor, the Immigration and Naturalization Service (INS), have used detainers as one means of obtaining custody of aliens for removal proceedings since at least 1950. However, the nationwide implementation of the Secure Communities program between 2008 and 2013 has prompted numerous questions about detainers. This program relies upon information sharing between various levels and agencies of government to identify potentially removable aliens. Detainers may then be issued for these aliens. Prior to 1986, the Immigration and Nationality Act (INA) did not explicitly address detainers, and the INS appears to have issued detainers pursuant to its “general authority” to guard U.S. borders and boundaries against the illegal entry of aliens, among other things. However, in 1986, Congress amended the INA to address the issuance of detainers for aliens arrested for controlled substance offenses. After the 1986 amendments, INS promulgated two regulations, one addressing the issuance of detainers for controlled substance offenses and the other addressing detainers for other offenses. These regulations were merged in 1997 and currently address various topics, including who may issue detainers and the temporary detention of aliens by other law enforcement agencies. There is also a standard detainer form (Form I-247) that allows ICE to indicate that it has taken actions that could lead to the alien's removal, and request that another agency take actions that could facilitate such removal (e.g., notify ICE before the alien's release).Some commentators and advocates for immigrants' rights have asserted that, because the INA addresses only detainers for controlled substance offenses, ICE's detainer regulations and practices are beyond its statutory authority insofar as detainers are used for other offenses. A federal district court in California found otherwise in its 2009 decision in Committee for Immigrant Rights of Sonoma County v. County of Sonoma. However, subsequent litigation has raised the issue anew in other jurisdictions.
Download or read book Enforcing the Limits of the Executive s Authority to Issue Immigration Detainers written by Christopher N. Lasch and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Executive branch uses immigration detainers to control the release of non-citizens from state prisons and local jails by transferring local, state, and federal prisoners to the custody of the Department of Homeland Security (DHS) for "removal" proceedings. This Article surveys the recent history of immigration enforcement efforts targeting so-called "criminal aliens," and then focuses more narrowly on the Executive's current detainer practices. An examination of Congress's limited statutory grant of detainer authority to federal immigration officials shows the Executive branch has exceeded that authority by implementing regulations claiming to be based on a broad general authority to detain. Acting pursuant to these regulations, DHS routinely exceeds Congress's explicit grant of authority in two ways-by lodging immigration detainers without an initiating request from local law enforcement officials, and by placing detainers on persons who have not been arrested for controlled substance offenses. The article concludes with a brief consideration of the various procedural avenues by which DHS's abusive detainer practices may be challenged.
Download or read book Protect Serve and Deport written by Amada Armenta and published by Univ of California Press. This book was released on 2017-06-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who polices immigration? : establishing the role of state and local law enforcement agencies in immigration control -- Setting up the local deportation regime -- Policing immigrant Nashville -- The driving to deportation pipeline -- Inside the jail -- Lost in translation : two worlds of immigration policing
Download or read book Immigration Offenses written by and published by . This book was released on 1990 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating Immigration Detainer Issues written by Christopher N. Lasch and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The immigration detainer is the principle mechanism for Immigration and Customs Enforcement (ICE), the enforcement arm of the Department of Homeland Security (DHS), to obtain custody over suspected immigration violators in the custody of state or local law enforcement officials. Originally published following Colorado's joining of ICE's Secure Communities program, this Chapter (revised in the December 2016 edition to address recent case law and the revised detainer guidance and forms issued in and after the November 2014 demise of Secure Communities and rise of the Priority Enforcement Program) addresses the legal problems attendant to immigration detainers, including potential Fourth Amendment and Tenth Amendment challenges. The Chapter also addresses various remedies available in immigration proceedings to redress constitutional violations incurred in the processing of immigration detainers, and includes practice pointers for litigation.
Download or read book State Criminal Alien Assistance Program written by and published by . This book was released on 1996 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immigration Detainers written by Hillel R. Smith and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immigration Detention written by Hillel R. Smith and published by . This book was released on 2019-09-17 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Immigration and Nationality Act (INA) authorizes-and in some cases requires-the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien's removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as whether the alien is seeking admission into the United States or has been lawfully admitted into the country; whether the alien has engaged in certain proscribed conduct; and whether the alien has been issued a final order of removal. In many instances DHS maintains discretion to release an alien from custody. But in some instances, such as when an alien has committed specified crimes, the governing statutes have been understood to allow release from detention only in limited circumstances. Various provisions confer substantial authority upon DHS to detain removable aliens, but that authority has been subject to legal challenge, particularly in cases involving the prolonged detention of aliens without bond. DHS's detention authority is not unfettered, and due process considerations may inform the duration and conditions of aliens' detention. In 2001, the Supreme Court in Zadvydas v. Davis construed the statute governing the detention of aliens following an order of removal as having implicit, temporal limitations. The Court reasoned that construing the statute to permit the indefinite detention of lawfully admitted aliens after their removal proceedings would raise "serious constitutional concerns." In 2003, however, the Court in Demore v. Kim ruled that the mandatory detention of certain aliens pending their removal proceedings, at least for relatively brief periods, was constitutionally permissible. The interplay between the Zadvydas and Demore rulings has called into question whether the constitutional standards for detention prior to a final order of removal differ from those governing detention after a final order is issued. Several lower courts have interpreted Demore to mean that mandatory detention pending removal proceedings is not per se unconstitutional, but that Zadvydas cautions that if this detention becomes "prolonged" it may not comport with due process requirements. Additionally, some lower courts have recognized constraints on DHS's detention power that the Supreme Court has not yet considered. For instance, some courts have ruled that the Due Process Clause requires aliens in removal proceedings to have bond hearings when detention becomes prolonged, where the government bears the burden of proving that the alien's continued detention is justified. In addition, a settlement agreement known as the "Flores Settlement," which is enforced by a federal district court, currently limits DHS's ability to detain alien minors who are subject to removal. Further, while litigation concerning immigration detention has largely centered on the duration of detention, some courts have considered challenges to the conditions of immigration confinement, generally under the standards applicable to pretrial detention in criminal cases. Some courts have also restricted DHS's ability to take custody of aliens detained by state or local law enforcement officials upon issuance of "immigration detainers." In short, while DHS generally has broad authority over the detention of aliens, that authority is not without limitation. As courts continue to grapple with legal and constitutional challenges to immigration detention, Congress may consider legislative options that clarify the scope of the federal government's detention authority.
Download or read book Immigration Enforcement written by Stephanie A. Westbrook and published by Nova Science Publishers. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the new elements and legal issues pertaining to immigration enforcement in the United States. Topics include the scope of prosecutorial discretion in immigration enforcement; a look at whether administrative amnesty harms our efforts to gain and maintain operational control of the borders; defining and quantifying the criminal alien population and enforcement statistics; the various authorities governing immigration detainers and key legal issues; authority of the state and local police to enforce federal immigration law; the Supreme Court's ruling in Arizona v. United States and the implications for immigration enforcement activity by states and localities; immigration-related worksite enforcement performance measures; and border security and immigration enforcement between ports of entry.
Download or read book Trust in Immigration Enforcement written by Ming Hsu Chen and published by . This book was released on 2015 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state-local participation in immigration law enforcement. Two enforcement programs involving the use of immigration detainers, a vehicle by which the federal government (through ICE) requests that local law enforcement agencies (LEAs) detain immigrants beyond their scheduled release upon suspicion that they are removable, demonstrate the breakdown of conventional wisdom. In the five years following initiation of the Secure Communities program, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests or enacted sanctuary policies -- ultimately leading to the demise of the Secure Communities program and a reworking of federal-local partnerships in immigration enforcement through the Priority Enforcement program that replaced it in November 2014. The balance of crime control and community trust in immigration enforcement is being reset as the political pendulum swings as Congress considers legislative reforms to curb local resistance to detainers following the killing of Kathryn Steinle in July 2015.This Essay finds that state and local non-cooperation in immigration enforcement -- a timely example of uncooperative federalism -- is influenced by attitudes toward the legitimacy of executive action -- distinct from attitudes toward the law's legality, morality, or politics. Both cooperation and noncooperation contribute to a policymaking feedback loop in ways more complicated than existing theories of cooperative federalism and executive action presage.
Download or read book Federal Appeals Court Finds that Probable Cause is Required to Hold Aliens Pursuant to Immigration Detainers written by Library of Congress. Congressional Research Service and published by . This book was released on 2015 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immigation Detainers written by Kate M. Manuel and published by . This book was released on 2012-10-06 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book From Deportation to Prison written by Patrisia Macías-Rojas and published by NYU Press. This book was released on 2016-10-11 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Criminal prosecutions for immigration offenses have more than doubled over the last two decades, as national debates about immigration and criminal justice reforms became headline topics. What lies behind this unprecedented increase? From Deportation to Prison unpacks how the incarceration of over two million people in the United States gave impetus to a federal immigration initiative--The Criminal Alien Program (CAP)--designed to purge non-citizens from dangerously overcrowded jails and prisons. Drawing on over a decade of ethnographic and archival research, the findings in this book reveal how the Criminal Alien Program quietly set off a punitive turn in immigration enforcement that has fundamentally altered detention, deportation, and criminal prosecutions for immigration offenses. Patrisia Macías-Rojas presents a "street-level" perspective on how this new regime has serious lived implications for the day-to-day actions of Border Patrol agents, local law enforcement, civil and human rights advocates, and for migrants and residents of predominantly Latina/o border communities. From Deportation to Prison presents a thorough and captivating exploration of how mass incarceration and law and order policies of the past forty years have transformed immigration and border enforcement in unexpected and important ways."--Back cover.
Download or read book Argiz V United States Immigration written by and published by . This book was released on 1982 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book May States and Localities Hold Aliens Pursuant to Immmigration Detainers written by Kate Manuel and published by . This book was released on 2014 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt:
