Enforcing Immigration Law at the State and Local Levels

Enforcing Immigration Law at the State and Local Levels
Author: Jessica Saunders
Publisher: Rand Corporation
Total Pages: 16
Release: 2014-05-20
Genre: Law
ISBN: 0833052853

Almost 12 million out-of-status aliens currently reside in the United States, and it is estimated that it will take 15 years and more than $5 billion for the Department of Homeland Security's Immigration and Customs Enforcement to apprehend just the current backlog of absconders. One proposed solution to this enforcement problem is for federal agencies to partner with state and local law-enforcement agencies to apprehend and deport fugitive aliens. Currently, the federal government does not require state and local agencies to carry out specific immigration enforcement actions; however, comprehensive immigration reform may address this issue in the near future. Before such legislation is drafted and considered, it is important to understand all the potential impacts of a policy incorporating immigration enforcement by nonfederal entities. As there is very limited evidence about the effects of involving state and local law enforcement in immigration enforcement duties, the authors seek to clarify the needs and concerns of key stakeholders by describing variations in enforcement approaches and making their pros and cons more explicit. They also suggest areas for research to add empirical evidence to the largely anecdotal accounts that now characterize discussions of the involvement of state and local law enforcement in immigration enforcement efforts.

Policing Immigrants

Policing Immigrants
Author: Doris Marie Provine
Publisher: University of Chicago Press
Total Pages: 218
Release: 2016-06-14
Genre: Political Science
ISBN: 022636321X

The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.

The President and Immigration Law

The President and Immigration Law
Author: Adam B. Cox
Publisher: Oxford University Press
Total Pages: 361
Release: 2020-08-04
Genre: Law
ISBN: 0190694386

Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1146
Release: 2013
Genre: Law
ISBN:

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Legal Passing

Legal Passing
Author: Angela S. García
Publisher: University of California Press
Total Pages: 280
Release: 2019-05-14
Genre: Social Science
ISBN: 0520296753

Legal Passing offers a nuanced look at how the lives of undocumented Mexicans in the US are constantly shaped by federal, state, and local immigration laws. Angela S. García compares restrictive and accommodating immigration measures in various cities and states to show that place-based inclusion and exclusion unfold in seemingly contradictory ways. Instead of fleeing restrictive localities, undocumented Mexicans react by presenting themselves as “legal,” masking the stigma of illegality to avoid local police and federal immigration enforcement. Restrictive laws coerce assimilation, because as legal passing becomes habitual and embodied, immigrants distance themselves from their ethnic and cultural identities. In accommodating destinations, undocumented Mexicans experience a localized sense of stability and membership that is simultaneously undercut by the threat of federal immigration enforcement and complex street-level tensions with local police. Combining social theory on immigration and race as well as place and law, Legal Passing uncovers the everyday failures and long-term human consequences of contemporary immigration laws in the US.

U.S. Immigration Policy

U.S. Immigration Policy
Author: Council on Foreign Relations. Independent Task Force on U.S. Immigration Policy
Publisher: Council on Foreign Relations
Total Pages: 165
Release: 2009
Genre: Political Science
ISBN: 0876094213

Few issues on the American political agenda are more complex or divisive than immigration. There is no shortage of problems with current policies and practices, from the difficulties and delays that confront many legal immigrants to the large number of illegal immigrants living in the country. Moreover, few issues touch as many areas of U.S. domestic life and foreign policy. Immigration is a matter of homeland security and international competitiveness, as well as a deeply human issue central to the lives of millions of individuals and families. It cuts to the heart of questions of citizenship and American identity and plays a large role in shaping both America's reality and its image in the world. Immigration's emergence as a foreign policy issue coincides with the increasing reach of globalization. Not only must countries today compete to attract and retain talented people from around the world, but the view of the United States as a place of unparalleled openness and opportunity is also crucial to the maintenance of American leadership. There is a consensus that current policy is not serving the United States well on any of these fronts. Yet agreement on reform has proved elusive. The goal of the Independent Task Force on U.S. Immigration Policy was to examine this complex issue and craft a nuanced strategy for reforming immigration policies and practices.

U.S. Immigration Policy on Permanent Admissions

U.S. Immigration Policy on Permanent Admissions
Author: Ruth Ellen Wasem
Publisher: DIANE Publishing
Total Pages: 41
Release: 2010-08
Genre: Social Science
ISBN: 1437932819

Contents: (1) Overview; (2) Current Law and Policy; Worldwide Immigration Levels; Per-Country Ceilings; Other Permanent Immigration Categories; (3) Admissions Trends: Immigration Patterns, 1900-2008; FY 2008 Admissions; (4) Backlogs and Waiting Times: Visa Processing Dates: Family-Based Visa Priority Dates; Employment-Based Visa Retrogression; Petition Processing Backlogs; (5) Issues and Options in the 111th Congress: Effects of Current Economic Conditions on Legal Immigration; Family-Based Preferences; Permanent Partners; Point System; Immigration Commission; Interaction with Legalization Options; Lifting Per-Country Ceilings. Charts and tables.

Protect, Serve, and Deport

Protect, Serve, and Deport
Author: Amada Armenta
Publisher: Univ of California Press
Total Pages: 212
Release: 2017-06-26
Genre: History
ISBN: 0520296303

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