7,000 immigrant children ordered deported without going to court




More than 7,000 immigrant children have been ordered deported without appearing in court since large numbers of minors from Central America began illegally crossing the U.S. border in 2013, federal statistics show.

The high number of deportation orders has raised alarm among immigrant advocates, who say many of those children were never notified of their hearing date because of problems with the immigration court system.

In interviews and court documents, attorneys said notices sometimes arrived late, at the wrong address or not at all. In some cases, children were ordered to appear in a court near where they were initially detained, rather than where they were living, attorneys said.

What was a border crisis has now become a due process crisis, said Wendy Young, president of Kids in Need of Defense, an advocacy group.

In February, dozens of advocacy groups asked the government to temporarily stop issuing removal orders when a child fails to appear in court, and to reopen cases in which deportations were ordered.

Unprecedented numbers of immigrant children started showing up at the southern U.S. border in the fall of 2013. Many traveled without an adult and said they were fleeing rising gang violence in Honduras and El Salvador.

The government filed deportation cases against 62,363 minors between October 2013 and January of this year, according to federal data compiled by the Transactional Records Access Clearinghouse at Syracuse University.

At least 7,706 of them were ordered removed after they failed to show up in court.

It is not known how many of those children were aware of their hearings and chose not to appear. It is also not known how many have actually been sent home.

According to the most recent data available from Immigration and Customs Enforcement, the agency that carries out deportations, 1,901 unaccompanied immigrant children were deported from the United States in fiscal year 2014, but some of those cases may have predated the recent surge.

Reports of notification errors come as the Obama administration has sped up deportation hearings for arriving youth in part to dissuade others back home from making the journey north.

Last summer, Obama instructed courts to realign their dockets so underage immigrants would appear before a judge within 21 days of ICE officials filing a deportation case against them. Previously they would wait months or more than a year for their initial hearing.

Immigrant advocates say the crush of fast-tracked cases may have overwhelmed the courts.

Kathryn Mattingly, a spokeswoman for the Executive Office for Immigration Review, which administers the courts, said immigrants who dont appear are ordered removed when the immigration judge is satisfied that notice of the time and place of the proceeding was provided to the respondent at the address the respondent provided.

Mattingly said she could not comment on alleged notification errors because her agency is fighting a class-action lawsuit demanding that the government provide attorneys to immigrant children. The case includes several plaintiffs who say they did not receive proper notice to appear in court.

A federal judge in Washington state was to hear arguments Friday on the governments motion to dismiss the lawsuit, which was filed by the American Civil Liberties Union and other groups.

In an indication that the government is aware of some problems, immigration officials recently reopened the case of one of the plaintiffs, a 17-year-old from El Salvador who was ordered deported in September for failing to appear at his hearing.

In court documents, government attorneys said officials had uncovered some discrepancies that called into question whether he had received notification of his court date.

Immigrant advocates say they have heard of hundreds of similar problems, some of which were detailed in last months letter demanding that judges stop ordering deportations when children fail to show up.

The letter cites a Lutheran Immigration and Refugee Service attorney who said that at one point last year, only one of her 13 clients had received a notice to appear before their first hearings.

Another advocate said a child was ordered to appear in court in New Orleans while still in government custody in Virginia.

The head of the union that represents immigration judges said she had seen notification problems in her own San Francisco courtroom. In one case, a notice was sent to a rural address where the child lived, instead of the P.O. box where the childs family received mail, said Dana Leigh Marks, president of the National Association of Immigration Judges.

Our system is far from foolproof, Marks said. Its a difficult situation to try to know what percentage of those cases are innocent errors and lack of understanding, and which percentage of people who do not appear are consciously trying to avoid the process.

Marks said she often gives immigrants a second chance to appear before ordering them deported. But she said other judges do not, perhaps because of their interpretation of a 1996 law that stiffened the consequences for immigrants who fail to show up.

Advocates for stricter enforcement of immigration laws said they were also concerned by reports that the government has failed to notify children of their court dates.

Theyre supposed to know where these kids are going when they release them, said Ira Mehlman, a spokesman for the Federation for American Immigration Reform. He said he also suspects some people may receive notices but choose not to go to court because they believe they can live in the country undetected.

They know that nobody is coming out looking for them, Mehlman said. The reason we had this surge is that people understood that these laws werent being enforced.

(EDITORS: STORY CAN END HERE)

Margaret Taylor, a law professor at Wake Forest University, said immigrants who have been ordered deported may eventually file motions to reopen their cases. To do so, an immigrant must prove that he or she did not receive a notice to appear or couldnt show up for the hearing.

Those future cases will create new strains on what Taylor called an underfunded, overburdened and antiquated court system. She noted that immigrants are required to file address changes through the mail, instead of online, which may open the door to errors.

(EDITORS: STORY CAN END HERE)

Court errors are one reason why immigrants should be provided with attorneys, advocates say.

Statistics show that immigrants who have lawyers are more likely to show up in court and win their cases. The government does not provide legal counsel to those facing deportation.

More than 94 percent of the unaccompanied minors ordered removed without appearing in court during the last six months of last year did not have an attorney, according to immigration court statistics.

(EDITORS: STORY CAN END HERE)

One of them is a 15-year-old girl living in Los Angeles.

The girl, who is a plaintiff in the lawsuit that was to be heard Friday, said in court documents she fled El Salvador after gang members pressured her to become romantically involved. She said they killed a female classmate who refused similar advances.

The girl was detained at the Texas border in May and released the following month to her grandmother, Blanca Zelaya.

Zelaya said she contacted the court repeatedly to find out the girls hearing date, but was told that she had to wait for a notification to arrive in the mail. It never did.

She later found out the hearing had already been held and her granddaughter ordered deported.

I feel frustrated and helpless, said Zelaya, who said she was afraid of what might happen if the girl was sent back. I prefer not to think about it.

2015 Los Angeles Times

Visit the Los Angeles Times at www.latimes.com

Distributed by Tribune Content Agency, LLC

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The Conservative Case Against Enforcing Immigration Law

It’s hard not to see that the anti-immigration wing of the Republican Party is ascendant right now. GOP leaders in Congress have spent the last two months trying—and failing—to roll back protections for millions of undocumented immigrants, children included. The chances for major legislation in the next two years are pretty much nil.

Yet with conservatives still reeling from their defeat in a battle over immigration policy and security funding earlier this week, a right-leaning policy group is releasing a new report aimed at nudging the GOP back toward the center. The study, which the American Action Forum plans to publish later on Friday, tests a rather straightforward proposition frequently offered by opponents of comprehensive immigration reform: How much would it cost to “immediately and fully enforce current law”—that is, to deport all undocumented immigrants while preventing another wave of people from entering illegally?

The answer, researchers found, is quite a lot, both to taxpayers and the economy more broadly. Removing all 11.2 million undocumented immigrants, both forcibly and through Mitt Romney’s infamous “self-deportation” policy, would take about 20 years and cost the government between $400 billion and $600 billion. The impact on the economy would be even larger, according to the study: Real GDP would drop by nearly $1.6 trillion and the policy would shave 5.7 percent off economic growth. Researchers Laura Collins and Ben Gitis also write that their estimates are conservative, since they do not include, for example, the cost of constructing new courts, prisons, and other buildings that might be needed to process and detain millions of immigrants.

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The study does not envision a new policy of mass deportation, with ICE agents rounding up immigrants in vans or going door-to-door to find them. Rather, researchers used the government’s own statement that it currently has the capacity to deport up to 400,000 immigrants annually (330,651 were removed in 2013) and asked what would happen if it actually did that, every year until the 11 million are gone. They also estimate that after the government announces a new policy of full enforcement, about 20 percent of the 11 million would leave voluntarily, leaving just about nine million that would need to be forcibly removed. “It still would be, I think, a shocking sight to the American people, to have the detentions, the deportations, the detention centers, the need for the administrative end of this,” said Douglas Holtz-Eakin, the group’s president. “If you were to do it faster and have vans sweeping in, I think that would have the untenable feel of the police state to the American people. We didn’t look at that.”

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The American Action Forum is not some fringe group; it is well-entrenched in the establishment camp. Holtz-Eakin is a leading Republican economist who advised John McCain’s presidential campaign in 2008. In 2013, he released a paper arguing that comprehensive reform would boost economic growth and reduce long-term deficits by $2.5 trillion. The group’s board includes Michael Chertoff, the former homeland security secretary who helped lead President George W. Bush’s immigration-reform push in 2006 and 2007. It also includes Elaine Chao, labor secretary in the Bush administration and the wife of Senate Majority Leader Mitch McConnell.

The latest study doesn’t take an explicit policy position, and Holtz-Eakin said its release was not deliberately timed to the resolution earlier this week of the DHS funding fight, when Republicans abandoned—for the moment—their effort to repeal the unilateral immigration actions President Obama took late last year. Since the group had already examined the policy implications of reforms that offered legal status to undocumented immigrants, he said he thought, “Well, what are the other possibilities? And the only well-defined thing is to enforce current law.”

Recommended: The Man Who Snuck Into the Ivy League Without Paying a Thing

Yet opponents of comprehensive reform and a so-called “amnesty” program say that’s not quite true. While “enforce the law” is an oft-repeated demand from the right, one prominent immigration foe, Roy Beck of Numbers USA, told me that he doesn’t support the policy that American Action Forum examined. “We’re opposed to enforcing the laws as they currently exist. The law is not adequate,” he said. Beck said the government is spending money on border security inefficiently and that he supported legislation approved last week by the House Judiciary Committee that would stiffen penalties for employers who hire undocumented immigrants.

Beck and others in his camp believe that once a new employment verification system is in place, jobs for undocumented immigrants would disappear, and many of them would leave the country on their own. New laws granting legal status to those who remained could then be considered, but only after the new border and enforcement laws have been implemented. “This is not about deportations,” Beck said. “It’s not about fines and locking people up. It’s totally passive toward illegal aliens.”

Confident that his side was once again winning the political fight on immigration, Beck didn’t have much to say about American Action Forum’s findings. “They’re swimming upstream,” he said of the advocates. He’s probably right. There seems to be little appetite among Republicans for the kind of legislation the Senate passed in 2013. Still, with this report Holtz-Eakin and his allies are trying to regain some of the momentum they lost in the last six months, making the case for immigration reform as a conservative cause. “It’s a reminder that immigration reform is a lot of things, but it’s a great economic policy opportunity,” he said. “We’re pro-growth conservatives. We should view immigration from that lens.”

This article was originally published at http://www.theatlantic.com/politics/archive/2015/03/the-conservative-case-against-enforcing-immigration-laws/387004/?UTM_SOURCE=yahoo

Read more from The Atlantic

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Obama administration asks judge to speed up immigration decision

By Julia Edwards

WASHINGTON (Reuters) – The Obama administration asked a federal judge in Texas to decide by Monday whether he will put on hold his prior decision to block the White House’s executive orders on immigration, or at least limit the impact to Texas.

U.S. District Judge Andrew Hanen in Brownsville, a city along the border with Mexico, issued a temporary court order last month halting President Barack Obama’s orders that would have shielded millions of illegal immigrants from deportation.

The administration asked Hanen for a stay on his order last month and late on Wednesday requested a decision by Monday.

Hanen on Thursday declined to comment while the case is ongoing.

Hanen, who had previously criticized U.S. immigration enforcement as too lax, based his ruling on an administrative law question, faulting Obama for not giving public notice of his plans. He also cited ways that Texas would be harmed by the action but used no other states as examples.

Anne O’Connell, a professor at University of California Berkeley School of Law, said it is doubtful that Hanen will grant even the partial stay, but said the administration’s move appears designed to force Hanen to defend his argument.

“If all the harm is about Texas, it does seem like a bit of overreaching by the judge to keep the preliminary injunction in place everywhere,” O’Connell said.

The case in Texas is the latest in a series of challenges to Obama’s immigration action.

Hanen’s decision on Feb. 17 was an initial victory for 26 states that brought the case alleging Obama had exceeded his powers with executive orders that would let up to 4.7 million illegal immigrants stay without threat of deportation.

Obama’s orders bypassed Congress, which has not been able to agree on immigration reform.

On Feb. 23, the U.S. Justice Department requested an emergency stay of Hanen’s decision.

It also directly appealed to Hanen, asking that he at the very least limit his decision to Texas, because Hanen has not pointed to any specific harm the president’s immigration action would cause beyond that state.

If Hanen does not issue a full stay by Monday, the Justice Department will take its request to the 5th U.S. Circuit Court of Appeals in New Orleans, according to the court filing released late Wednesday. It was unclear whether they will do so if Hanen grants the partial stay.

A stay would reverse, or partially reverse, the injunction and allow eligible immigrants to apply for benefits, including work permits, while the appeals process plays out in higher courts over the next several months.

Marielena Hincapie, executive director of the National Immigration Law Center, an immigration advocacy organization based in Los Angeles, said a stay that excludes Texas would be better than no stay at all.

Obama and White House Counsel Neil Eggleston last week briefed Hincapie and other immigration advocates on their legal strategy.

“We are definitely worried for immigrants in Texas,” Hincapie said. “We want everybody across the country to be able to benefit.”

(Reporting by Julia Edwards; Editing by Karey Van Hall and Kevin Drawbaugh)

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Immigrant advocates blast proposed Pa. benefits bill




 

The reintroduction of a Pennsylvania bill that would bar undocumented immigrants from state and federal benefits is again drawing fire from immigrant advocacy groups. They contend the legislation would cost the state $20 million to verify what it already knows – Pennsylvania immigrants are not illegally accessing public benefits.

Senate Bill-9, introduced by Sen. Patrick Stefano (R., Fayette), with 19 co-sponsors, recently passed in the Senate and went to the House of Representatives.

In a memo about the bill, Stefano wrote, “The federal government, along with individual state governments, spends billions of dollars of taxpayers’ money every year” on benefits for people living here illegally.














The bill would require recipients of benefits in Pennsylvania to sign affidavits stating they are U.S. citizens or lawfully present in the country. The bill applies to federal, state and local grants, contracts, public housing, unemployment, welfare, health, disability, government loans and other forms of public assistance. The bill was first introduced in the 2009-2010 session.

“To once again be confronted with legislation that is so contrary to our values and that criminalizes my community is an insult to the hundreds of thousands of immigrant Pennsylvanians who are proud to call Pennsylvania home,” Olivia Ponce, a youth leader with Juntos, a South Philadelphia advocacy group, said at a news conference in Philadelphia Tuesday.

The conference was co-sponsored by the Pennsylvania Immigration and Citizenship Coalition. The advocates call their campaign against the bill “The Hate Stops Here.”

The bill awaits action in the House state government committee.

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Scott Walker flip-flops on immigration reform: Is that bad? (+video)

Fresh off a strong second-place showing in the entirely meaningless straw poll at the Conservative Political Action Conference, Wisconsin Gov. Scott Walker certainly seems to be getting in line with conservative thinking on the topics of the day:

Wisconsin Gov. Scott Walker, a presumptive 2016 Republican presidential candidate, says he has changed his immigration stance and no longer backs comprehensive reform that would allow illegal immigrants to be penalized but remain in the country.

“My view has changed,” Walker said in a “Fox News Sunday” interview taped Friday. “I’m flat out saying it.”

Walker in 2013 said a plan in which illegal immigrants can become United States citizens by first paying penalties and enduring a waiting period “makes sense.”

However, he is now saying such a plan is tantamount to amnesty, amid criticism that he has flip-flopped on that issue and others – including right-to-work legislation in his home state.

“I don’t believe in amnesty,” said Walker, who finished second Saturday in the Conservative Political Action Conference’s straw poll for potential 2016 Republican presidential candidates. “We need to secure the border. We ultimately need to put in place a system that works – a legal immigration system that works.”

Walker also is among the 25 Republican governors who have joined in a lawsuit challenging the president’s 2014 executive action that defers deportation for millions of illegal immigrants.

This contrasts significantly with comments that Walker made during a July 2013 interview with a local Wisconsin newspaper’s editorial board, as well as during a Politico-sponsored conference in February of that year:

Wisconsin Gov. Scott Walker said Friday that he supports a pathway to citizenship to illegal immigrants but said that people who are waiting in line should have “first preference.”

“You’ve got to find a way to say that people who are in line right now have first preference,” the Republican governor said at POLITICO’s third annual State Solutions Conference in Washington.

And while Republicans – including Sen. Marco Rubio (R-Fla.) – have recently been outspoken about the need for immigration reform, Walker said that the issue is the country needs to deal with and not just Republicans.

Walker said that in addition to not having enough visas for immigrants is that the system in general is broken.

“We just have a broken system. And to me, if somebody wants to come in and live the American dream and work hard … we should have a system that works and let’s people in,” Walker told POLITICO’s Jonathan Martin at the event.

He added: “The vast majority of people want to come here for the right reasons. They want to live the American dream.”

This isn’t entirely surprising, of course. Walker is quite obviously preparing to run for president in 2016, a possibility he likely wasn’t considering nearly as seriously some two years ago when these questions first came up, and the truth of the matter is that support for any form of immigration reform that involves what the tea party crowd considers to be “amnesty” for the 12 million or so undocumented immigrants estimated to be in the country is pretty much a deal breaker. Jeb Bush’s support for such reforms – and his continued insistence, even this past week at CPAC, that there will eventually have to be some kind of legalization for these people – is the main reason that he is rejected by the hard right. Bush’s political protégé, and possible 2016 rival, Marco Rubio was once a tea party darling after his win in the Florida US Senate race in 2010, but his star faded quickly two years ago when he became one of the most prominent Republicans to cross the aisle and support the Senate immigration reform bill. Indeed, Rubio finished worse in the CPAC Straw Poll than Bush himself did, which is perhaps the greatest indication of how far his star has fallen among the hard-right wing of the Republican Party thanks to his support for immigration reform. And that happened notwithstanding the fact that Rubio has since backed away from the Senate bill, has criticized the DREAM Act, and has opposed the president’s initiatives for temporary immigration relief, such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA). Given all of this, I suppose, Walker likely considered it to be in his interests to play it safe on immigration by backing the restrictionists rather than staking out the riskier pro-reform position taken by Bush and Rubio.

I’m often reluctant to criticize politicians on the flip-flopping charge because there isn’t necessarily anything wrong with someone who changes their mind. Should a politician, or anyone for that matter, be forced to stick with policy positions they took in the past just because they’re on the record? If that were the case, then public opinion would never change on any issue. Take the issue of same-sex marriage, for example. It wasn’t that long ago that the vast majority of Americans opposed the idea of same-sex marriage, as did the majority of politicians in both political parties. Over time, public opinion has changed on that issue and the public has become more accepting of the idea of marriage equality, which has also led politicians to do the same. President Obama, Hillary Clinton, and Joe Biden all opposed same-sex marriage and have since changed their position. The same goes for countless others. Are they to be denounced as “flip-floppers” because they changed their mind? That seems to me to send the wrong signal since we want people to change their minds when they are wrong.

Walker’s problem, of course, is that he clearly has changed positions on this issue and it’s hard to argue that he hasn’t done so for purely political purposes. Prior to backing away from his previous support for immigration reform, Walker had been receiving criticism from many on the right for his previous support for the idea and, heading into CPAC, it was seemingly one of the few marks against him from people on the right. Changing his position so blatantly and, at least so far, with little explanation for exactly why his previous support for some kind of legalization for undocumented immigrants changed, and, unless he’s able to, it’s hard to believe that it was for anything other than blatantly political reasons. That’s the kind of ‘flip-flopping” that it’s hard to defend.

Doug Mataconis appears on the Outside the Beltway blog at http://www.outsidethebeltway.com/.

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Scott Walker flip-flops on immigration reform: Is that bad? (+video)
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MPs urge immigration detention cap








ColnbrookColnbrook Immigration Removal Centre in Harmondsworth, west London


Immigration detention should be capped at 28 days, a cross-party group of MPs and peers has recommended.

Home Office officials are failing to follow guidance that immigration detention should be used sparingly, the MPs and peers said in a report.

The group said the lack of a time limit had significant mental health costs for detainees.

The government should consider alternatives such as allowing detainees to live in the community, it said.

Current Home Office policy puts the health of detainees at serious risk, the panel added.


‘Urgent rethink’

The All Party Parliamentary Group (APPG) on Refugees and the APPG on Migration said there were considerable financial costs to the taxpayer because there is no time limit on detention.

It said the UK was the only country in the European Union not to have an upper time limit on detention.

The panel, which included a former cabinet minister, a former chief inspector of prisons, and a former law lord, considered evidence over eight months.

APPGs are informal cross-party groups that have no official status within Parliament.

Conservative MP David Burrowes, a member of the inquiry panel, said: “The lack of a time limit is resulting in people being locked up for months and, in some cases, several years purely for administrative reasons.

“While there is a need to properly control our borders, people who arrive by fair means or foul must also be treated with dignity and respect throughout the immigration process.

“The current system is failing to sufficiently do this and our report calls for an urgent rethink.”

Mr Burrowes said the UK should follow the example of other countries where rates of detention are much lower and removal rates much higher.


‘Unpleasant secrets’

Women who are victims of rape and sexual violence should not be detained, nor should pregnant women, the group recommends.

It also recommended that screening processes are improved to ensure that victims of trafficking are not detained.

Paul Blomfield, chair of the panel and Labour MP for Sheffield Central, said: “Current Home Office policy is that detention should be used as a last resort and for the shortest possible time.

“From the evidence that we heard, Home Office standard practice falls well short of this policy.”

Refugee Council chief executive Maurice Wren said a “bright light” had been “shone into the darkest corners of the British immigration system and it has revealed some unpleasant secrets”.

He said: “Quite simply, the British government is detaining too many people for too long.

“In the current system, asylum seekers who have done nothing wrong find themselves arbitrarily placed behind bars, on the say so of Home Office civil servants, for one primary reason: because it’s politically expedient.

“Ministers must take this opportunity to pursue wholesale reform and abandon the existing structure of immigration detention which has been shown to be grossly inefficient, hugely expensive and in direct contradiction of our most cherished British values of justice, liberty and compassion.”

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Call for immigration detention cap

Immigration detention should be capped at 28 days, a cross-party group of MPs and peers has recommended.

Home Office officials are failing to follow guidance that immigration detention should be used sparingly and for the shortest period possible, according to the All Party Parliamentary Group (APPG) on Refugees and the APPG on Migration.

The UK is the only country in the European Union not to have an upper time limit on detention, the group said in its report, and the panel added that the lack of a time limit has significant mental health costs for detainees, as well as considerable financial costs to the taxpayer.

The UK government should look at alternatives to detention including allowing individuals to live in the community, the MPs and peers said.

The panel, which included a former cabinet minister, a former chief inspector of prisons, and a former law lord, considered evidence over eight months. APPGs are informal cross-party groups that have no official status within Parliament.

Conservative MP David Burrowes, a member of the inquiry panel, said: “This inquiry is an unusual one. Immigration is on the political agenda but rarely do we unite on a cross party basis and consider the issue of immigration detention.

“The lack of a time limit is resulting in people being locked up for months and, in some cases, several years purely for administrative reasons.

“While there is a need to properly control our borders, people who arrive by fair means or foul must also be treated with dignity and respect throughout the immigration process.

“The current system is failing to sufficiently do this and our report calls for an urgent rethink. We should follow the example of other countries where rates of detention are much lower and removal rates much higher.”

Women who are victims of rape and sexual violence should not be detained and that pregnant women should never be detained for immigration purposes, the group recommends.

Current Home Office policy puts the health of detainees at serious risk, the panel added.

It also recommended that screening processes are improved to ensure that victims of trafficking are not detained.

Sarah Teather MP, chair of the inquiry panel and Liberal Democrat MP for Brent Central, said: “The UK is an outlier in not having a time limit on detention.

“During the inquiry, we heard about the huge uncertainty this causes people to live with, not knowing if tomorrow they will be released, removed from the country, or continue being in detention.

“As a panel, we have concluded that the current system is expensive, ineffective and unjust. We are calling the next Government to learn from the alternatives to detention that focus on engagement with individuals in their communities, rather than relying on enforcement and deprivation of liberty.”

Paul Blomfield MP, vice-chair of the panel and Labour MP for Sheffield Central, said: “Current Home Office policy is that detention should be used as a last resort and for the shortest possible time.

“From the evidence that we heard, Home Office standard practice falls well short of this policy.

“In our report, we recommend that far fewer people should be detained, that detention should always be a last resort, and that it should only ever be for a maximum of 28 days. Other countries manage to maintain immigration control without resorting to indefinite detention. So can we.”

Refugee Council chief executive Maurice Wren said: “Today a bright light has been shone into the darkest corners of the British immigration system and it has revealed some unpleasant secrets.

“Quite simply, the British Government is detaining too many people for too long.

“In the current system, asylum seekers who have done nothing wrong find themselves arbitrarily placed behind bars, on the say so of Home Office civil servants, for one primary reason: because it’s politically expedient.

“Ministers must take this opportunity to pursue wholesale reform and abandon the existing structure of immigration detention which has been shown to be grossly inefficient, hugely expensive and in direct contradiction of our most cherished British values of justice, liberty and compassion.”

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Scott Walker flip-flops on immigration reform: Is that bad?

Fresh off a strong second-place showing in the entirely meaningless straw poll at the Conservative Political Action Conference, Wisconsin Gov. Scott Walker certainly seems to be getting in line with conservative thinking on the topics of the day:

Wisconsin Gov. Scott Walker, a presumptive 2016 Republican presidential candidate, says he has changed his immigration stance and no longer backs comprehensive reform that would allow illegal immigrants to be penalized but remain in the country.

“My view has changed,” Walker said in a “Fox News Sunday” interview taped Friday. “I’m flat out saying it.”

Walker in 2013 said a plan in which illegal immigrants can become United States citizens by first paying penalties and enduring a waiting period “makes sense.”

However, he is now saying such a plan is tantamount to amnesty, amid criticism that he has flip-flopped on that issue and others – including right-to-work legislation in his home state.

“I don’t believe in amnesty,” said Walker, who finished second Saturday in the Conservative Political Action Conference’s straw poll for potential 2016 Republican presidential candidates. “We need to secure the border. We ultimately need to put in place a system that works – a legal immigration system that works.”

Walker also is among the 25 Republican governors who have joined in a lawsuit challenging the president’s 2014 executive action that defers deportation for millions of illegal immigrants.

This contrasts significantly with comments that Walker made during a July 2013 interview with a local Wisconsin newspaper’s editorial board, as well as during a Politico-sponsored conference in February of that year:

Wisconsin Gov. Scott Walker said Friday that he supports a pathway to citizenship to illegal immigrants but said that people who are waiting in line should have “first preference.”

“You’ve got to find a way to say that people who are in line right now have first preference,” the Republican governor said at POLITICO’s third annual State Solutions Conference in Washington.

And while Republicans – including Sen. Marco Rubio (R-Fla.) – have recently been outspoken about the need for immigration reform, Walker said that the issue is the country needs to deal with and not just Republicans.

Walker said that in addition to not having enough visas for immigrants is that the system in general is broken.

“We just have a broken system. And to me, if somebody wants to come in and live the American dream and work hard … we should have a system that works and let’s people in,” Walker told POLITICO’s Jonathan Martin at the event.

He added: “The vast majority of people want to come here for the right reasons. They want to live the American dream.”

This isn’t entirely surprising, of course. Walker is quite obviously preparing to run for president in 2016, a possibility he likely wasn’t considering nearly as seriously some two years ago when these questions first came up, and the truth of the matter is that support for any form of immigration reform that involves what the tea party crowd considers to be “amnesty” for the 12 million or so undocumented immigrants estimated to be in the country is pretty much a deal breaker. Jeb Bush’s support for such reforms – and his continued insistence, even this past week at CPAC, that there will eventually have to be some kind of legalization for these people – is the main reason that he is rejected by the hard right. Bush’s political protégé, and possible 2016 rival, Marco Rubio was once a tea party darling after his win in the Florida US Senate race in 2010, but his star faded quickly two years ago when he became one of the most prominent Republicans to cross the aisle and support the Senate immigration reform bill. Indeed, Rubio finished worse in the CPAC Straw Poll than Bush himself did, which is perhaps the greatest indication of how far his star has fallen among the hard-right wing of the Republican Party thanks to his support for immigration reform. And that happened notwithstanding the fact that Rubio has since backed away from the Senate bill, has criticized the DREAM Act, and has opposed the president’s initiatives for temporary immigration relief, such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA). Given all of this, I suppose, Walker likely considered it to be in his interests to play it safe on immigration by backing the restrictionists rather than staking out the riskier pro-reform position taken by Bush and Rubio.

I’m often reluctant to criticize politicians on the flip-flopping charge because there isn’t necessarily anything wrong with someone who changes their mind. Should a politician, or anyone for that matter, be forced to stick with policy positions they took in the past just because they’re on the record? If that were the case, then public opinion would never change on any issue. Take the issue of same-sex marriage, for example. It wasn’t that long ago that the vast majority of Americans opposed the idea of same-sex marriage, as did the majority of politicians in both political parties. Over time, public opinion has changed on that issue and the public has become more accepting of the idea of marriage equality, which has also led politicians to do the same. President Obama, Hillary Clinton, and Joe Biden all opposed same-sex marriage and have since changed their position. The same goes for countless others. Are they to be denounced as “flip-floppers” because they changed their mind? That seems to me to send the wrong signal since we want people to change their minds when they are wrong.

Walker’s problem, of course, is that he clearly has changed positions on this issue and it’s hard to argue that he hasn’t done so for purely political purposes. Prior to backing away from his previous support for immigration reform, Walker had been receiving criticism from many on the right for his previous support for the idea and, heading into CPAC, it was seemingly one of the few marks against him from people on the right. Changing his position so blatantly and, at least so far, with little explanation for exactly why his previous support for some kind of legalization for undocumented immigrants changed, and, unless he’s able to, it’s hard to believe that it was for anything other than blatantly political reasons. That’s the kind of ‘flip-flopping” that it’s hard to defend.

Doug Mataconis appears on the Outside the Beltway blog at http://www.outsidethebeltway.com/.

Source Article from http://www.csmonitor.com/USA/DC-Decoder/Decoder-Voices/2015/0302/Scott-Walker-flip-flops-on-immigration-reform-Is-that-bad
Scott Walker flip-flops on immigration reform: Is that bad?
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Obama’s Police Task Force Recommends Scrapping FBI’s ‘Immigration Violator’ Database

A task force appointed by President Barack Obama to reform policing in the U.S. is recommending that the Department of Justice scrap an FBI database that gathers and maintains information on certain “immigration violators.”

The recommendation, handed down by the President’s Task Force on 21st Century Policing in an interim report on Monday, pertains to FBI’s National Crime Information Center (NCIC) database.

NCIC is used by local law enforcement officers during traffic stops and other encounters with the public. The database, developed in 1967, allows officers to find out if the individuals are wanted for crimes in other jurisdictions.

An immigrant violator database was added to NCIC in 2002. That particular database tells officers if a person has an outstanding removal order, whether the person failed to complete a special post-9/11 registration requirement or whether the individual was previously deported with a felony conviction.

If NCIC returns a positive hit for an immigration violation, local law enforcement officers are supposed to contact U.S. Immigration and Customs Enforcement (ICE). Some cities have policies requiring officers to do this, while others have policies against it.

Despite the usefulness of the tool in tracking immigration violators and possible terrorists, the Obama-appointed task force is suggesting it be put on ice.

The task force’s recommendation is based on testimony provided by an immigration activist at a recent listening tour.

Javier Valdez, of Make the Road New York, testified in front of the task force last month arguing that the database “exacerbated the fear that immigrant communities feel towards local police and remains a significant impediment to effective community policing.”

Valdez asserted in his testimony that Bush adopted the policy “without lawful authority” and “began entering civil immigration information regarding thousands of non-citizen [sic] into the NCIC database.”

Because of this strategy, “local officers now routinely make civil immigration arrests when they encounter individuals whose names produce hits in the NCIC database,” Valdez asserted.

He also argued that the number of people incorrectly identified as immigration violators is “extremely high,” citing a study that purportedly found that the error rate on immigration entries was 40 percent.

The task force’s new recommendation is part of a larger immigration strategy — one embraced by the Obama administration — of taking immigration enforcement out of the hands of local and state law enforcement agencies.

One of the task force’s recommendations is that the Department of Homeland Security terminate its policy of allowing local law enforcement to detain immigration status violators.

Another recommendation is that “law enforcement agencies should ensure reasonable and equitable language access for all persons who have encounters with police or who enter the criminal justice system.”

Most of the task force’s policy recommendations pertain to how police officers interact with the communities they serve. Obama set up the task force in the wake of several police-involved deaths last year.

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Source Article from http://news.yahoo.com/obama-police-task-force-recommends-scrapping-fbi-immigration-184920868.html
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A GOP Minority Is Holding the Party Hostage Over Immigration

As the Republican leaders in the House of Representatives lick their wounds following their failure on Friday to advance a bill that would fund the Department of Homeland Security for the remainder of the fiscal year – their resistance driven by anger at the administration’s immigration policy – observers are taking stock of the GOP’s tortured relationship with the issue of immigration. 

Its hardliners can’t abide the idea of a compromise that could be described as “amnesty,” and they won’t be moved by pleas from party leaders that their intransigence is doing the GOP short-term damage politically and long-term damage with the growing Hispanic portion of the electorate. 

Related: House Averts DHS Shutdown with 7-Day Sending Extension 

“For most of this year,” Rachel Morris wrote in Washington Monthly, “the Republican Party has been publicly waging an ugly internal fight over immigration. Like the president—and, polls show, most Americans—a bipartisan coalition in the Senate supports comprehensive reform. But House Republicans, fearful of their inflamed base, won’t budge from an enforcement-only measure.” 

Oh, wait. Sorry. Morris wrote that in October. Of 2006. 

Yes, that’s really how long this has been going on and, in fact, one could argue that things are actually worse today than they were when her article was published eight and a half years ago. 

In 2015, House Republicans don’t even have an immigration bill to argue about. The closest they have come is the current fight over the Department of Homeland Security appropriations bill, which Republicans are trying to load up with riders that would block enforcement of the president’s executive actions lifting the threat of deportation from millions of illegal immigrants. 

Related: It’s Rand Paul at the Top of the CPAC Straw Poll; Scott Walker a Close Second 

Those millions of immigrants, members of both parties generally admit, aren’t going to be deported anyway. Of the estimated 11 million undocumented immigrants in the U.S., the five million or so Obama would allow to come out of the shadows are the lowest priority for an already overloaded enforcement system. 

So, they are staying, regardless of the president’s executive order. The fight, in large part, seems to be over admitting that reality. And because the DHS funding bill has become the current loyalty test that the Republican base applies to its candidates, it has been taking up rather a lot of the oxygen in GOP policy discussions lately. That is particularly true among some GOP presidential hopefuls who have taken compromise positions on the issue in the past, most of whom could not be backpedalling harder or faster. 

On Sunday morning, Wisconsin Governor Scott Walker, who has quickly vaulted close to the top of the early running for the Republican nomination, turned 180 degrees from a position he had advocated as recently as 2013 when he told a newspaper reporter that offering illegal immigrants a pathway to citizenship made sense. 

Related: Obama’s Immigration Setback Is a Gift to GOP 

“My view has changed,” Walker said when confronted with the statement by Fox News Sunday host Chris Wallace. “I’m flat-out saying it. Candidates can say that.” 

He told Wallace, “I don’t believe in amnesty, and part of the reason why I’ve made that a firm position is I look at the way this president has mishandled that issue. I think the better approach is to enforce the laws and to give employers – job creators – the tools…to make sure the law is being upheld going forward.” 

Last week at the annual Conservative Political Action Conference, Florida Sen. Marco Rubio was forced to ritually disown his former stance on immigration in an interview with Fox News host Sean Hannity. Hannity reminded Rubio that he had admitted to “regretting” his support of a comprehensive immigration reform plan that allowed a path to legality for some immigrants. 

Rubio readily agreed, and launched into full-throated appeal for ever more border enforcement. It turned out to be the beginning of a trend. 

Related: Obama’s Immigration Order Blocked by Federal Judge 

Former Texas Gov. Rick Perry, who has been criticized by fellow Republicans for supporting such things as in-state university tuition for illegals, used his time on stage at CPAC to talk tough about immigration border enforcement as well. He touted his decision to send 1,000 National Guard troops to the Texas-Mexico border last year, steering far clear of his more moderate policies while serving as governor. 

Rubio and Perry alike used the alleged deficiency of current border enforcement as an excuse to forestall any discussion of substantive immigration reform. 

To his credit, former Florida Governor Jeb Bush walked into the lion’s den last and did admit at least one part of the obvious truth. “The simple fact is, there is no plan to deport 11 million people,” he told the CPAC audience. “We should give them a path to legal status, where they work, where they don’t receive government benefits, they don’t break the law, they learn English, and they make a contribution to our society.” 

He quickly pivoted to a denunciation of the president’s executive orders and a call for more border enforcement. Bush suggested that the unaccompanied minors who came to the U.S. in droves last year ought to have been turned back at the border. 

His past comments on the issue suggest he really believes there ought to have been a system in place to return them safely to their families, but at CPAC, the comment was left hanging without elaboration. 

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Source Article from http://news.yahoo.com/gop-minority-holding-party-hostage-113000277.html
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