On Monday, June 25, 2012, the Supreme Court struck down most parts of Arizona’s immigration law aimed at curbing illegal immigration. However, the court let stand a controversial provision that allows police to check someone’s legal status to stay in this country if they reasonably suspect when enforcing other laws. With a 5-3 split, the court upheld the federal government’s authority to set immigration policies and law. The Supreme Court also found that “The National Government has the significant power to regulate immigration.”
The critics say that leaving the door open to check once legal status to stay in this country violates personal rights and opens the door for racial profiling. The Governor of Arizona said that law will go into effect immediately allowing the provision to check one’s status to stay in this country while enforcing other laws such as traffic violations. The Governor further indicated that law enforcement in Arizona have been adequately trained on the subject.
The Arizona state government enacted the law in April 2010 and has been under legal challenge by the Federal government until the Supreme Court decision. The President indicated that the opening allowed by the recent decision will lead to racial profiling by the police.
The Immigration and Customs Enforcement (ICE) of the Department Homeland Security implements the Secure Communities program. This program has been created to quickly identify and deport illegal immigrants who commit serious crimes. To date, 44 States are participating in the program. Under the program fingerprints of anyone arrested by the police are checked against the data bases maintain by the FBI (which is a routine procedure) and the data base maintain by the Department of Homeland Security which holds information of all foreign-born personals living in the U.S.
Under the program, agents are instructed to accelerate deportation of illegals who commit a serious crime. The ICE expects to broaden the program to cover the entire nation by next year.
A recent review of the program by the Inspector General’s office credits the program for rapidly identifying the criminals with a very low cost to states. However, the ICE indicates that the program has led to confusion and resistance by some localities and opting to get out of the program. The Inspector General and the Secretary of the Department of Homeland Security are working together to clean up some missteps taken by each agency.
The Department of Homeland Security will release a new rule for public comments shortly dealing with immediate family members of a legal citizen who are living in the U.S. illegally. Current regulation requires such family members to leave the country and wait outside the U.S. until their request for permanent residency paperwork processed that takes a longer time. The proposal will allow the family members to remain in U.S. and shorten the processing time. They will still be required to briefly leave the country and reenter after obtaining permanent visa. The new rule will affect one million of the 11 million illegals estimated to be living in the U.S. The current administration is using its executive power to change the procedure rather than changing the law to address the time and location of family members.
The administration’s previous failed attempt, the Dream Act, would have created a path for citizenship for children of illegal immigrants who attend college.
The current procedures restrict those who overstayed their visa for over six months entering the country again for three years and those who over stayed more than a year will not be allowed to enter the country for ten years.
According to new statistics released by the Department of Homeland Security (DHS) number of illegal immigrants crossing the border is up and the number of deportations down in 2014.
Apprehensions at the border is a barometer which indicates the illegal border crossing activity and numbers show that they are up 16 percent in 2014 compared to the previous year. On the other hand number of deportations indicates how vigorous the government actions are in enforcing the law and that number indicates 24 percent decrease in 2014 compared to the prior year. For both numbers the period covered is from October 1, 2013 to September 30, 2014.
Recently announced Presidential temporary stay orders will contribute to decrease deportations even further in 2015. Most of the recent illegal immigrants from Central America and deportation of those captured are contributing to lower deportation numbers. Deporting these illegal immigrants require flight and travel documents and funds which are contributing factors for the delay. “Sanctuary City” programs are also contributing to the delay in capturing and deporting illegals. Even though funding is available to deport 400,000 illegal immigrants a year, the government is behind its target due to these and other reasons.
President Obama’s recent immigration executive order is expected to help about five million illegal immigrants from deportations and help them to stay in the United States. Seventeen states including Texas, Georgia, Idaho, Indiana, Alabama, Maine, Louisiana, Montana, South Dakota, Kansas, Nebraska, North Carolina, South Carolina, West Virginia, Wisconsin, Utah and Mississippi are suing the Obama Administration for failure to enforce current immigration laws. This is their way of contesting and fighting the recent executive order. They argue that the new executive order will encourage more illegal immigration burdening the already cash strapped states. On the other hand cities such as Tucson, Arizona are no longer checking the immigration status of people they stop disobeying the state law and only enforcing the Federal law.
The new Congress, both House and Senate, that will be sworn in January 2015 is controlled by the Republicans. However, they do not have the veto proof majority unless some Democrats sides with them on immigration issues. Rumblings from Senate and House majority leaders that indicate they will be working on their own immigration proposals can be heard over the airways. President Obama argues that his recent executive order is well within his rights and power.
President Obama’s first order to defer deportation of illegal immigrant children who were brought into the country illegally as children came in 2012. The order also made them eligible to receive work permits. Most of the states complying with the order also allowed those with work permits to receive driver’s license except Arizona and Nebraska.
Five young immigration activists from Arizona challenged the Arizona’s refusal to issue driver’s licenses in Federal courts. They argued that the Federal order preempted the state order and further argued that it is a firm of discrimination under the equal protection laws of the country. Delivering its opinion in July 2014, the 9th Circuit court agreed and said that they are entitled to obtain driver’s license. The State of Arizona filed an emergency appeal of the decision even before the judge of the U. S. District Court in Phoenix issue the order to the highest court. The Supreme Court is due to review the appeal and renders its decision on the issue soon. Arizona has been defiant on many fronts when it comes to complying with orders issued by the Obama Administration in the past.
In order to curb the influx of illegal border crossings especially those who are coming to the US from the Central America and claiming refugee status, the government is introducing a new program called “in-country processing.” It is intended to stop dangerous journey of children and others from Central America and help with legitimate claims of persecution and violence. Will it work?
The US has experienced an influx of children during last spring and summer from Honduras, El Salvador and Guatemala risking their lives through Mexico to reach the US. The idea is to discourage people taking the risky journey. However, many are not convinced that the new program will make sweeping changes. One requirement for the program is for those who are seeking refugee status in the US should have relatives who are legal immigrants. Children who are seeking humanitarian status may have a hard time with the requirement. With illegal immigration from Mexico slowing down, smugglers will look for Central Americans and that will create more pressure for more crossings. Staying in the home country while the US is processing claims may also create additional hardships for would be refugees. The latest numbers show illegal crossings at the southern border reaching more than 50,000 a year.
Under President Obama, deportation of illegal immigrants with a criminal history increased substantially. Many of the deportees came from Mexico and the Central America and now they are making big headaches for their home countries. Murder, crime and violence are escalating, countries are experiencing high homicide rates, and as a result more and more Central Americans especially from Honduras, El Salvador and Guatemala are fleeing their countries and entering the United States illegally. Authorities see more than 50 percent increases in illegal border crossings. These countries are unable to stop crime and violence within their boundaries and most criminal activity go unpunished. Judicial systems in these countries are badly in need of funding as well as overhauling.
Many pushed out of their countries due to increasing crime, violence, murder and gang activity are claiming asylum due to “fear of returning.” The US is facing huge increases in cost to keep them in prisons. The US Government provides more than $130 million a year to Mexico and Central America to improve regions security efforts. It appears that the sum is getting smaller every year. An increase in funding could help to break the vicious cycle of illegal immigration and crime.
This is an update to our last month’s column on children crossing the southern border illegally. The administration is under lot of pressure to address the growing crisis and unaccompanied children are still keeps coming. Since last October, more than 52,000 unaccompanied children have been apprehended by authorities, the US Department of Homeland Security reveals. It has become a humanitarian crisis and the Congress is under pressure to address much larger issue of illegal immigration. Overcrowded detention centers are being replaced by makeshift warehouses to house children.
Why they are still keeps coming? Two major reasons are economic hardships and violence in their native countries. One of the most recent developments to cause number of children from Honduras, El Salvador and Guatemala to cross the US border is the rise of gang and drug related violence in their home countries. Some of the early illegal immigrants were allowed to stay in the US without the fear of prosecution or deportation, and that led partly to increase the number of illegal border crossing. The US has one of the lengthy processes for deportation of illegals. To some extent, illegal smugglers are also promoting the crossing to take advantage of the situation.