Download or read book The Flores Settlement and Alien Families Apprehended at the U s Border written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2018-09-07 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports of alien minors being separated from their parents at the U.S. border have raised questions about the Department of Homeland Security's (DHS's) authority to detain alien families together pending the aliens' removal proceedings, which may include consideration of claims for asylum and other forms of relief from removal. The Immigration and Nationality Act (INA) authorizes-and in some case requires-DHS to detain aliens pending removal proceedings. However, neither the INA nor other federal laws specifically address when or whether alien family members must be detained together. DHS's options regarding the detention or release of alien families are significantly restricted by a binding settlement agreement from a case in the U.S. District Court for the Central District of California now called Flores v. Sessions. The "Flores Settlement" establishes a policy favoring the release of alien minors, including accompanied alien minors, and requires that those alien minors who are not released from government custody be transferred within a brief period to non-secure, state-licensed facilities. DHS indicates that few such facilities exist that can house adults and children together. Accordingly, under the Flores Settlement and current circumstances, DHS asserts that it generally cannot detain alien children and their parents together for more than brief periods. Following an executive order President Trump issued that addressed alien family separation, the Department of Justice filed a motion to modify the Flores Settlement to allow for the detention of alien families in unlicensed facilities for longer periods. The district court overseeing the settlement rejected that motion, much as it has rejected similar motions to modify the settlement filed by the government in recent years. (The U.S. Court of Appeals for the Ninth Circuit has affirmed the earlier rulings but has not yet reviewed the most recent ruling.) In its most recent motion, the government has argued, among other things, that a preliminary injunction entered in a separate litigation, Ms. L v. ICE, which generally requires the government to reunite separated alien families and refrain from separating families going forward, supports a modification of the Flores Settlement to allow indefinite detention of alien minors alongside their parents. Congress, for its part, could largely override the Flores Settlement legislatively, although constitutional considerations relating to the rights of aliens in immigration custody may inform the permissible scope and effect of such legislation.
Download or read book The Trump Administration s Zero Tolerance Immigration Enforcement Policy written by Congressional Service and published by Createspace Independent Publishing Platform. This book was released on 2018-08 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the last several years, Central American migrant families have arrived at the U.S.-Mexico border in relatively large numbers, many seeking asylum. While some request asylum at U.S. ports of entry, others do so after entering the United States "without inspection" (i.e., illegally) between U.S. ports of entry. On May 7, 2018, the Department of Justice (DOJ) implemented a zero tolerance policy toward illegal border crossing both to discourage illegal migration into the United States and to reduce the burden of processing asylum claims that Administration officials contend are often fraudulent. Under the zero tolerance policy, DOJ prosecutes all adult aliens apprehended crossing the border illegally, with no exception for asylum seekers or those with minor children. DOJ's policy represents a change in the level of enforcement for an existing statute rather than a change in statute or regulation. Prior Administrations prosecuted illegal border crossings relatively infrequently. Criminally prosecuting adults for illegal border crossing requires detaining them in federal criminal facilities where children are not permitted. While DOJ and the Department of Homeland Security (DHS) have broad statutory authority to detain adult aliens, children must be detained according to guidelines established in the Flores Settlement Agreement (FSA), the Homeland Security Act of 2002, and the Trafficking Victims Protection Reauthorization Act of 2008. A 2015 judicial ruling held that children remain in family immigration detention for no more than 20 days. If parents cannot be released with them, children are treated as unaccompanied alien children and transferred to the Department of Health and Human Services' (HHS's) Office of Refugee Resettlement (ORR) for care and custody. The widely publicized family separations are a consequence of the Trump Administration's 100% prosecution policy, not the result of any family separation policy. Following mostly critical public reaction, President Trump ordered DHS to maintain custody of alien families during the pendency of any criminal trial or immigration proceedings. DHS Customs and Border Protection (CBP) subsequently stopped referring most illegal border crossers to DOJ for criminal prosecution. A federal judge then mandated that all separated children be promptly reunited with their families. Another rejected DOJ's request to modify the FSA to extend the 20-day child detention guideline. DHS has since reverted to some prior immigration enforcement policies. Family unit apprehensions, which increased from just over 11,000 in FY2012 to 68,560 in the first nine months of FY2018, are occurring within relatively low historical levels of total alien apprehensions. The national origin of recently apprehended aliens and families has shifted from mostly Mexican to mostly Central American. Administration officials and immigration enforcement advocates argue that measures like the zero tolerance policy are necessary to discourage migrants from coming to the United States and submitting fraudulent asylum requests. They maintain that alien family separation resulting from the prosecution of illegal border crossers mirrors that occurring under the U.S. criminal justice system policy where adults with custody of minor children are charged with a crime and held in jail, effectively separating them from their children. Immigrant advocates contend that migrant families are fleeing legitimate threats from countries with exceptionally high rates of gang violence, and that family separations resulting from the zero tolerance policy are cruel and violate fundamental human rights-such as the ability to request asylum. Some observers question the Trump Administration's capacity to marshal sufficient resources to prosecute all illegal border crossers without additional resources. Others criticize the family separation policy in light of less expensive alternatives to detention.
Download or read book Family Separation and the U S Mexico Border Crisis written by Laurie Collier Hillstrom and published by Bloomsbury Publishing USA. This book was released on 2020-07-23 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an authoritative, evenhanded overview of the Trump administration's family separation and child detention policies at the U.S.-Mexico border-and the impact of those policies and actions on children, their parents, border security, and U.S. politics. The 21st Century Turning Points series is a one-stop resource for understanding the people and events changing America today. Each volume provides readers with a clear, authoritative, and unbiased understanding of a single issue or event that is driving national debate about our nation's leaders, institutions, values, and priorities. This particular volume is devoted to the issue of child migrant detention on the U.S.-Mexico border. It provides background information on the political, social, and economic forces driving undocumented immigration into America; explains the policies and records of both the Obama and Trump administrations on immigration, deportation, and border security; summarizes current laws and regulations governing U.S. border and immigration policies; recounts President Trump's rhetoric and record on both legal and "illegal" immigration, including his promise to build a "Border Wall" with funds from Mexico; surveys living conditions in the border detention centers operated by U.S. authorities; and discusses the impact of detention and family separation on children taken into custody.
Download or read book Unaccompanied Alien Children written by William Kandel and published by Independently Published. This book was released on 2019-10-20 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of unaccompanied alien children (UAC, unaccompanied children) apprehended at the Southwest border between U.S. ports of entry while attempting to enter the United States without authorization has increased substantially in recent years: from 16,067 in FY2011 to 24,481 in FY2012 to 38,759 in FY2013. In FY2014, the Department of Homeland Security (DHS), Customs and Border Protection (CBP) apprehended 68,541 UAC, a record at that time. Since FY2014, UAC apprehensions have fluctuated considerably, declining to 39,970 in FY2015, increasing to 59,692 in FY2016, declining to 41,435 in FY2017, and increasing to 50,036 in FY2018. In the first 11 months of FY2019, they reached 72,873, a level that now exceeds the FY2014 peak. UAC are defined in statute as children under age 18 who lack lawful immigration status in the United States, and who are either without a parent or legal guardian in the United States, or without a parent or legal guardian in the United States who is available to provide care and physical custody. Two statutes and a legal settlement directly affect U.S. policy on the treatment and administrative processing of UAC: the Trafficking Victims Protection Reauthorization Act of 2008 (P.L. 110-457), the Homeland Security Act of 2002 (P.L. 107-296), and the Flores Settlement Agreement of 1997 (Flores). Agencies in the Departments of Homeland Security (DHS) and Health and Human Services (HHS) share responsibility for the processing, treatment, and placement of unaccompanied children. DHS's Customs and Border Protection (CBP) apprehends and detains UAC arrested at the border. DHS's Immigration and Customs Enforcement (ICE) handles custody transfer and repatriation responsibilities, apprehends UAC in the interior of the country, and represents the government in removal proceedings. HHS's Office of Refugee Resettlement (ORR) coordinates and implements the care and placement of UAC in appropriate custodial settings. In FY2009, children from Mexico accounted for 82% of the 19,688 UAC apprehensions at the Southwest border, while those from the "Northern Triangle" countries of El Salvador, Guatemala, and Honduras accounted for 17%. By the first 10 months of FY2019, the proportions had reversed, with Mexican nationals comprising 12% of the 69,157 UAC apprehensions at the border and the three Central American countries comprising 85%. The Obama and Trump Administrations, as well as Congress, have taken several steps since 2014 to respond to UAC migrants. During 2014, when UAC apprehensions surged far beyond previous levels, the Obama Administration developed a working group to coordinate the efforts of relevant agencies. It also opened temporary "influx" shelters and holding facilities to accommodate the large number of UAC apprehended at the border, initiated programs to address root causes of child migration in Central America, and requested funding from Congress to deal with the crisis. In turn, Congress considered supplemental appropriations for FY2014 and provided increased funding for UAC-related activities in ORR and DHS appropriations for subsequent fiscal years. The Trump Administration, facing relatively high levels of UAC apprehensions, as well as record high levels of family unit apprehensions, has used temporary influx shelter housing for unaccompanied minors while also attempting to reduce both the flow of migrants illegally crossing the Southwest border and limit who can apply for asylum. The Administration has implemented a biometric and biographic information-sharing agreement between ORR and DHS. During six weeks in 2018, it implemented a "zero tolerance" policy targeting illegal border crossing that effectively separated thousands of children from their parents and reclassified them as UAC. The Administration has also proposed regulations to replace Flores and allow ICE to detain parents and children together indefinitely.
Download or read book Educating Newcomers written by Shelly Culbertson and published by Rand Corporation. This book was released on 2021-09-30 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report models numbers of undocumented and asylum-seeking children crossing the U.S. southwest border, reviews the federal and state policy landscapes for their education, and provides case studies of how schools are managing education for them.
Download or read book Baby Jails written by Philip G. Schrag and published by Univ of California Press. This book was released on 2020-01-21 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: “I worked in a trailer that ICE had set aside for conversations between the women and the attorneys. While we talked, their children, most of whom seemed to be between three and eight years old, played with a few toys on the floor. It was hard for me to get my head around the idea of a jail full of toddlers, but there they were.” For decades, advocates for refugee children and families have fought to end the U.S. government’s practice of jailing children and families for months, or even years, until overburdened immigration courts could rule on their claims for asylum. Baby Jails is the history of that legal and political struggle. Philip G. Schrag, the director of Georgetown University’s asylum law clinic, takes readers through thirty years of conflict over which refugee advocates resisted the detention of migrant children. The saga began during the Reagan administration when 15-year-old Jenny Lisette Flores languished in a Los Angeles motel that the government had turned into a makeshift jail by draining the swimming pool, barring the windows, and surrounding the building with barbed wire. What became known as the Flores Settlement Agreement was still at issue years later, when the Trump administration resorted to the forced separation of families after the courts would not allow long-term jailing of the children. Schrag provides recommendations for the reform of a system that has brought anguish and trauma to thousands of parents and children. Provocative and timely, Baby Jails exposes the ongoing struggle between the U.S. government and immigrant advocates over the duration and conditions of confinement of children who seek safety in America.
Download or read book Black Identities written by Mary C. WATERS and published by Harvard University Press. This book was released on 2009-06-30 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of West Indian immigrants to the United States is generally considered to be a great success. Mary Waters, however, tells a very different story. She finds that the values that gain first-generation immigrants initial success--a willingness to work hard, a lack of attention to racism, a desire for education, an incentive to save--are undermined by the realities of life and race relations in the United States. Contrary to long-held beliefs, Waters finds, those who resist Americanization are most likely to succeed economically, especially in the second generation.
Download or read book Rallying for Immigrant Rights written by Kim Voss and published by Univ of California Press. This book was released on 2011-07-06 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Alaska to Florida, millions of immigrants and their supporters took to the streets across the United States to rally for immigrant rights in the spring of 2006. The scope and size of their protests, rallies, and boycotts made these the most significant events of political activism in the United States since the 1960s. This accessibly written volume offers the first comprehensive analysis of this historic moment. Perfect for students and general readers, its essays, written by a multidisciplinary group of scholars and grassroots organizers, trace the evolution and legacy of the 2006 protest movement in engaging, theoretically informed discussions. The contributors cover topics including unions, churches, the media, immigrant organizations, and immigrant politics. Today, one in eight U.S. residents was born outside the country, but for many, lack of citizenship makes political voice through the ballot box impossible. This book helps us better understand how immigrants are making their voices heard in other ways.
Download or read book Brutality Unchecked written by and published by Human Rights Watch. This book was released on 1992 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report examines human rights abuses committed by the Immigration and Naturalization Service (INS) and its agents in the enforcement of U.S. immigration laws."--P. 1.
Download or read book The Trump Administration s Zero Tolerance Immigration Enforcement Policy written by William A Kandel and published by Independently Published. This book was released on 2019-04-05 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the last several years, Central American migrant families have arrived at the U.S.-Mexico border in relatively large numbers, many seeking asylum. While some request asylum at U.S. ports of entry, others do so after entering the United States ﷿without inspection﷿ (i.e., illegally) between U.S. ports of entry. On May 7, 2018, the Department of Justice (DOJ) implemented a ﷿zero tolerance﷿ policy toward illegal border crossing both to discourage illegal migration into the United States and to reduce the burden of processing asylum claims that Administration officials contend are often fraudulent. Under the zero tolerance policy, DOJ prosecuted all adult aliens apprehended crossing the border illegally, with no exception for asylum seekers or those with minor children. DOJ﷿s policy represented a change in the level of enforcement of an existing statute rather than a change in statute or regulation. Prior Administrations prosecuted illegal border crossings relatively infrequently. Criminally prosecuting adults for illegal border crossing requires detaining them in federal criminal facilities where children are not permitted. While DOJ and the Department of Homeland Security (DHS) have broad statutory authority to detain adult aliens, children must be detained according to guidelines established in the Flores Settlement Agreement (FSA), the Homeland Security Act of 2002, and the Trafficking Victims Protection Reauthorization Act of 2008. A 2015 judicial ruling held that children remain in family immigration detention for no more than 20 days. If parents cannot be released with them, children are treated as unaccompanied alien children and transferred to the Department of Health and Human Services﷿ (HHS's) Office of Refugee Resettlement (ORR) for care and custody. Administration officials and immigration enforcement advocates argue that measures like the zero tolerance policy are necessary to discourage migrants from coming to the United States and submitting fraudulent asylum requests. They maintain that alien family separation resulting from the prosecution of illegal border crossers mirrors that which occurs regularly under the U.S. criminal justice system policy where adults with custody of minor children are charged with a crime and may be held in jail, effectively separating them from their children. Immigrant advocates contend that migrant families are fleeing legitimate threats from countries with exceptionally high rates of gang violence, and that family separations resulting from the zero tolerance policy are cruel and violate fundamental human rights-such as the ability to request asylum. They maintain that the zero tolerance policy was hastily implemented and lacked planning for family reunification following criminal prosecutions. Some observers question the Trump Administration's capacity to marshal sufficient resources to prosecute all illegal border crossers without additional resources. Others criticize the family separation policy in light of less expensive alternatives to detention. In prior years, most individuals apprehended were single adult males. Family unit apprehensions, which increased from just over 11,000 in FY2012 to 99,901 in the first four months of FY2019, and apprehensions of unaccompanied alien children are occurring within the context of otherwise relatively low historical levels of total alien apprehensions. In addition, the national origin of recently apprehended family units and unaccompanied children has shifted to mostly Central American from long-term trends of mostly Mexican.
Download or read book Of Love and Papers written by Laura E. Enriquez and published by University of California Press. This book was released on 2020-04-28 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: A free open access ebook is available upon publication. Learn more at www.luminosoa.org. Of Love and Papers explores how immigration policies are fundamentally reshaping Latino families. Drawing on two waves of interviews with undocumented young adults, Enriquez investigates how immigration status creeps into the most personal aspects of everyday life, intersecting with gender to constrain family formation. The imprint of illegality remains, even upon obtaining DACA or permanent residency. Interweaving the perspectives of US citizen romantic partners and children, Enriquez illustrates the multigenerational punishment that limits the upward mobility of Latino families. Of Love and Papers sparks an intimate understanding of contemporary US immigration policies and their enduring consequences for immigrant families.
Download or read book Illegalized written by Rafael A Martínez and published by University of Arizona Press. This book was released on 2024-10-08 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illegalized: Undocumented Youth Movements in the United States takes readers on a journey through the history of the rise of undocumented youth social movements in the United States in the twenty-first century. The book follows the documentation trail of undocumented youth activists spanning over two decades of organizing. Each chapter carefully analyzes key organizing strategies used by undocumented youth to produce direct forms of activism that expose and critique repressive forms of state control and violence. This inquiry is particularly generative in relation to how immigrant bodies are erased, contained, and imagined as “aliens” or “illegal.” Rafael A. Martínez, an undocu-scholar, intricately weaves his lived experience into this deeply insightful exploration. Martínez’s interdisciplinary approach will engage scholars and readers alike, resonating with disciplines such as history, American studies, Chicana and Chicano studies, and borderlands studies. Illegalized shows that undocumented youth and their activism represent a disruption to the social imaginary of the U.S. nation-state and its figurative and physical borders. It invites readers to explore how undocumented youth activists changed the way immigrant rights are discussed in the United States today.
Download or read book Forced from Home written by Women's Refugee Commission Staff and published by . This book was released on 2012-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Yearbook of Immigration Statistics written by and published by . This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Securing the Future written by Michael Fix and published by Migration Policy Institute and the Bertelsmann Foundation. This book was released on 2007 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration policy has once again risen near the top of America's political agenda. Securing the Future discusses why integration needs to be central to debates over immigration reform in the United States. The authors are participants in the Task Force on Immigration and America's Future convened by the Migration Policy Institute (MPI), the Woodrow Wilson Center, and the Manhattan Institute. They seek to define what policymakers and scholars mean by "integration" while attempting to sketch out the general shape U.S. integration policy should take.Additionally, the volume reviews evidence of immigrants' integration by examining the second generation's progress. It focuses on trends in education, health, the workforce, and citizenship. The book concludes by briefly discussing key elements of a national integration policy, noting several issues raised in the debate over comprehensive immigration reform. These include health care coverage for temporary workers and legal immigrants and the merits of providing impact aid to state and local governments.
Download or read book Unfunded Mandates Reform Act of 1995 written by United States. Congress and published by . This book was released on 1995 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Nation of Immigrants written by Susan F. Martin and published by Cambridge University Press. This book was released on 2021-03-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration makes America what it is and is formative for what it will become. America was settled by three different models of immigration, all of which persist to the present. The Virginia Colony largely equated immigration with the arrival of laborers, who had few rights. Massachusetts welcomed those who shared the religious views of the founders but excluded those whose beliefs challenged prevailing orthodoxy. Pennsylvania valued pluralism, becoming the most diverse colony in religion, language, and culture. A fourth, anti-immigration model also emerged during the colonial period, and was often fueled by populist leaders who stoked fears about newcomers. Arguing that the Pennsylvania model has best served the country, this book makes key recommendations for future immigration reform. Given the highly controversial nature of immigration in the United States, this second edition – updated to analyze policy changes in the Obama and Trump administrations – provides valuable insights for academics and policymakers.
