Enforcement

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

The Case for Discretion and Proportionality in Our Immigration System

Washington D.C. - It has long been the case that those responsible for carrying out and enforcing our nation's laws do so with a measure of discretion and proportionality. Every day, law enforcement officials and judges exercise discretion in charging and sentencing decisions, weighing differing priorities and social values, and matching punishments with crimes. Consequently, minors are treated differently in the criminal system, and traffic violators and murderers receive different punishments.

Q&A Guide to Arizona's Immigration Law

One year after the passage of Arizona’s tough new immigration law (SB1070), both opponents and proponents are attempting to assess the impact the new law may have on residents of Arizona—citizens and immigrants alike. A federal district court ruling preliminarily enjoined large parts of the controversial law, meaning that those portions of the new law cannot be implemented, and the Ninth Circuit Court of Appeals upheld the preliminary injunction. Other lawsuits have been filed challenging the constitutionality of the law and have yet to be ruled on, opponents have mounted boycotts, and numerous polls show that a majority of the public both supports the Arizona law and comprehensive immigration reform. Furthermore, despite criticism of SB1070 from Republicans, Democrats, police officials, religious leaders, and civil-rights leaders, legislators in many states have introduced or are considering introducing similar legislation.

Filling the Leadership Void: What is President Obama’s Vision on Immigration?

Washington D.C. - More than two years into the Obama Administration, it is still unclear whether President Obama’s immigration agenda will ultimately be remembered as an enforcement-driven enterprise, or one that uses the full force of executive branch authority to improve our badly broken system. On the one hand, the President continues to voice support for comprehensive immigration reform that would create a new immigration system that is more fair, just, and practical than the unworkable system now in place.

Arizona Judge Delineates Between State and Federal Authority

Washington, D.C. - Today, Phoenix district court judge Susan Bolton enjoined key provisions of Arizona's controversial immigration law, SB1070. The judge recognized that the federal government has primary authority over making and enforcing immigration law, and that while states have limited authority in this arena, they cannot interfere with federal enforcement or undermine federal priorities. The decision acknowledges the complex nature of immigration law and the harmful consequences of local police attempting to make immigration determinations.

Enforcement Gone Wild

Washington, D.C. - Today, the Department of Homeland Security’s Office of the Inspector General (OIG) issued a long-awaited report that offers a damning critique of the 287(g) program, confirming many of the criticisms levied against the program by community leaders, law enforcement officials, and immigration groups, including the Immigration Policy Center. Despite problems with the 287(g) program, it has recently been expanded to additional jurisdictions.

Essential to the Fight: Immigrants in the Military Eight Years After 9/11

From the Revolutionary War to the current conflicts in Afghanistan and Iraq, immigrants have made significant contributions to the United States by serving in our military forces. Today, immigrants voluntarily serve in all branches of the U.S. military and are a vital asset to the Department of Defense. To recognize their unique contribution, immigrants serving honorably in the military who are not yet U.S. citizens are granted significant advantages in the naturalization process. Over the past eight years, Congress has amended military-related enlistment and naturalization rules to allow expanded benefits for immigrants and their families and encourage recruitment of immigrants into the U.S. Armed Forces. Without the contributions of immigrants, the military could not meet its recruiting goals and could not fill its need for foreign-language translators, interpreters, and cultural experts. This latest Special Report reflects on the vital role immigrants have and continue to play in keeping our nation safe.

Sometimes Imperfect Reform is Better than Perfect Deportation

I do a daily radio talk show on Radio Campesina in Phoenix and, clearly, since the November elections callers are once more allowing themselves to dream of the day their hard, hidden existence comes to an end. Their dreams are tentative and cautious, but nonetheless hope has been resurrected. Yet in Arizona hope is interspersed with anger. Four anti-immigrant referendums passed overwhelmingly, one of which, Proposition 300, will impose steep tuition increases for undocumented community-college and university students. Most legal observers believe it is constitutional. The only resolution lies now in the hands of Congress. Delay in passing comprehensive immigration reform, or at the very least the DREAM Act (which would provide a path to lawful permanent residence for hundreds of thousands of undocumented high-school graduates), will have immediate and tragic consequences for thousands of Latino kids in Arizona.

Managing Immigration as a Resource

Benjamin Johnson, Director of the Immigration Policy Center, discusses the futility of an enforcement-only approach to immigration reform and the need for a more comprehensive strategy to deal with the problem of undocumented immigration. In this new "Perspective," he argues that immigration cannot be treated simply as a law-enforcement issue. Rather, the United States must begin managing immigration as a national resource.