p>By Peter Malof/Naihma Deady, published July 26, 2012:
AUSTIN, Texas – En años recientes ha incrementado la aplicación de leyes migratorias, y el gobierno federal ha recurrido a instituciones privadas para la detención de inmigrantes indocumentados mientras esperan su fecha de audiencia ante la corte. Por esta razón el sector privado de instituciones de detención no fue afectado por la recesión económica. Un nuevo estudio de la organización Sentencing Project dice que en los últimos diez años el número promedio de inmigrantes detenidos en instituciones públicas incrementó 26%, mientas que el número de inmigrantes detenidos en instituciones privadas incrementó 188%.
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A growing number of United States citizens have been detained under Obama administration programs intended to detect illegal immigrants who are arrested by local police.
In a spate of recent cases across the country, American citizens have been confined in local jails after federal immigration agents, acting on flawed information from Department of Homeland Security databases, instructed the police to hold them for investigation and possible deportation.
Americans said their vehement protests that they were citizens went unheard by local police and jailers for days, with no communication with federal immigration agents to clarify the situation. Any case where an American is held, even briefly, for immigration investigation is a potential wrongful arrest because immigration agents lack legal authority to detain citizens. Read More …
"With states such as Arizona and Alabama passing immigration laws that go far beyond those of the federal government, the New York City Council weighed in on the issue yesterday and took a decidedly different stand.
By an overwhelming majority, the council passed a bill sponsored by Melissa Mark-Viveritoof Manhattan that would end the Department of Correction's policy of cooperating with federal efforts to deport undocumented immigrants. The bill, said by supporters to be the first of its kind in the country, will end two decades of cooperation between the city jail system and federal immigration authorities, now called Immigration and Customs Enforcement, or ICE.
This bill, Intro 656, Mark-Viverito said shortly before its passage, 'sends a strong message we will no longer be complicit in this country's broken immigration system.'
City Council Speaker Christine Quinn cited another message as well. 'When signed by the mayor,' she said, 'the entire government of New York will send a message the city of New York is supportive of, friendly to and welcoming to immigrants.'" Read more.
"After protests across the country pressed Immigration and Customs Enforcement to free Shamir Ali, the 25-year-old Bangladeshi immigrant was released by immigration officials on Thursday, nine days into his detention.
Ali came to the United States from Bangladesh when he was seven, and has lived in Florida since. He hopes to eventually earn a bachelor's degree in business administration and work in the United States. But Ali, who he has no permanent legal status, was caught up in a raid on Oct. 19 by the Federal Bureau of Investigation and ICE.
Ali said his time in detention, though short, was psychologically traumatic. Broward Transitional Center, where Ali was held, is considered one of the better immigrant detention centers in the country and has outdoor space for detainees. Still, Ali said it felt like prison, especially after his initial request for release was declined.
'It's still a confined space, which is jail,' he said. 'The psychological effect on me was so unfair. I didn't know how long I was going to be in there; I didn't know why I was still in there.'" Read more …
"Two alleged Gulf Cartel leaders arrested last week in South Texas likely were hiding out north of the border to avoid the extreme violence caused by warring cartels in Mexico, analysts said.
These cartel capos are potential gold mines of information for law enforcement, but the schisms they're fleeing may have spilled into the U.S. in two recent incidents, they said. And the demise of these bosses works to the benefit of their opponents across the river.
Border Patrol agents on Thursday arrested Eudoxio Ramos Garcia, 34, at a house in Rio Grande City. Ramos is the Gulf Cartel's former plaza boss, or regional commander, for the Mexican border city of Miguel Alemán, according to court documents." Read more …
"WASHINGTON — Local law enforcement agencies are not required to hold undocumented immigrants at the request of the federal government, according to internal Department of Homeland Security documents obtained by a coalition of groups critical of the Secure Communities enforcement program.
The documents could provide ammunition for jurisdictions that no longer want to participate inSecure Communities, which allows federal immigration authorities to use fingerprints to scan those arrested by local law enforcement. They also support recent actions by Cook County, Ill., Santa Clara, Calif., and San Francisco, all of which decided this year to stop adhering to federal requests to hold undocumented immigrants who were either low-level offenders or were accused of felonies.
The National Day Laborer Organizing Network, Center for Constitutional Rights and Benjamin Cardozo School of Law received the documents after a Freedom of Information Act request and plan to release them this week. The three documents, from October 2010 and January 2011, clarify DHS policy on detainers — requests from federal immigration officials for police to hold those arrested, in some cases after being detected by enforcement programs.
'A detainer serves only to advise another law enforcement agency that ICE seeks an opportunity to interview and potentially assume custody of an alien presently in the custody of that agency,'according to an undated document.
Another document, notes from a briefing to Congressional Hispanic Caucus staff in October 2010, says 'local [law enforcements] are not mandated to honor a detainer, and in some jurisdictions they do not.' The third document, a series of questions and answers emailed in January 2010, says ICE detainers are 'a request,' and 'there is no penalty if they [local law enforcement] do not comply.'" Read more …
"Cooperating with the federal government’s immigration enforcement agenda may be mandatory for local law enforcement, but localities are finding ways around the federal government’s programs.
Last week northern California’s Santa Clara County became the latest locality to pass an ordinance that will likely curb the number of its residents who get handed over to federal immigration authorities through the immigration enforcement program Secure Communities. That same week, Washington, D.C. mayor Vincent Gray signed an executive order reaffirming the rights of D.C. residents not to get harassed by law enforcement officers about their immigration status.
These announcements are the latest in a string of similar moves from other counties which have attempted to push back on the federal government’s interpretation of its Secure Communities program. S-Comm, as the initiative is often called, allows immigration officials to check the fingerprints of everyone booked into a local or county jail against federal immigration records. Even if the person is wrongfully arrested or never charged with any crime, they become subject to deportation if they’re found to be undocumented. If a match is found, Immigration and Customs Enforcement — if it doesn’t already have an agent posted inside the local jail — will call local law enforcement and ask them to detain a person while ICE agents come down to the jail to take them away for detention proceedings.
Santa Clara County has now determined that enforcing such detainers for ICE are 'requests' from the federal government which it’s under no obligation to carry out. It’s further argued that holding onto people in county jails for ICE is a costly financial burden that localities, which are not reimbursed by the federal government, should not to have enforce." Read more …
"WASHINGTON (AP) — The government has not offered to help Alabama put in place a strict immigration law that the Obama administration is challenging in court, Homeland Security Secretary Janet Napolitano said Wednesday.
The administration has sued to block the law, considered the toughest state immigration controls in the country.
'We have been working with the Department of Justice in its challenge to that law,' Napolitano told the Judiciary Committee of the House of Representatives.
A federal appeals court in Atlanta, Georgia, temporarily blocked a part of the law this month that required public schools to check the immigration status of students. The court did not bar law enforcement officials from detaining people suspected of being in the country illegally.
A final ruling in the case is not expected for several months.
Alabama Republicans have argued that the law, passed this year by the Republican-controlled Legislature and signed by Gov. Robert Bentley, was necessary to protect the jobs of legal residents." Read more …
"MEXICO CITY (AP) — Mexican President Felipe Calderon accused the United States on Thursday of dumping criminals at the border because it is cheaper than prosecuting them, and said the practice has fueled violence in Mexico's border areas.
U.S. officials earlier this week reported a record number of deportations in fiscal year 2011, and said the number of deportees with criminal convictions had nearly doubled since 2008.
'There are many factors in the violence that is being experienced in some Mexican border cities, but one of those is that the American authorities have gotten into the habit of simply deporting 60 (thousand) or 70,000 migrants per year to cities like Ciudad Juarez or Tijuana,' Calderon told an immigration conference.
Among these deportees 'there are many who really are criminals, who have committed some crime and it is simply cheaper to leave them on the Mexican side of the border than to prosecute them, as they should do, to see whether they are guilty or not,' Calderon said. 'And obviously, they quickly link up with criminal networks on the border.'
On Tuesday, U.S. Immigration and Customs Enforcement Director John Morton said his agency deported nearly 400,000 individuals during the fiscal year that ended in September, the largest number of removals in the agency's history." Read more …