My friend Morgan Smith wrote this note about the Rio Grande in July 2024. Learn more about Morgan here , here and here .
J.A.M. v. USA "The Court holds that Oscar is entitled to a much lower, but still notable award of $175,000 because he was somewhat older at the time of the incident, was detained for about half...
Path2Papers, July 17, 2024 " What are the policy changes the Biden administration is implementing regarding temporary work visas? On June 18, 2024, the Biden administration announced a policy...
DOJ, July 18, 2024 "The Justice Department has filed a lawsuit against Southwest Key Programs Inc. (Southwest Key), a Texas-based nonprofit that provides housing to unaccompanied children who are...
Jeanne Kuang, CalMatters, July 18, 2024 "Even with all the industries where Californians went on strike during last year’s “hot labor summer,” some of the most active sites of...
"Numerous questions about immigration detainers have been raised recently as a result of the Secure Communities program. These questions include (1) whether DHS’s detainer regulations and practices are beyond its statutory authority; (2) whether states and localities are required to comply with immigration detainers; (3) who has custody of aliens subject to detainers; and (4) whether detainer practices violate aliens’ constitutional rights.
The Obama Administration’s recent announcement that it is discontinuing the Secure Communities program and replacing it with a new Priority Enforcement Program (PEP) seems likely to lessen the salience of at least some of these questions. Immigration detainers will still be used with the PEP program, but generally only when an alien has been convicted of (rather than just arrested for) certain “priority” offenses. Further, under PEP, detainers will generally be used only to request that state and local law enforcement officials notify ICE prior to the alien’s release from custody for the state or local offense, rather than to request that state and local officials hold the alien for a period of up to 48 hours (excluding weekends and holidays) so that ICE may assume custody. Detainers may, however, continue to be used to request holds in cases where (1) the alien is subject to a final order of removal, or (2) there is probable cause to believe the alien is removable.
Even this more limited use of detainers could continue to raise questions in particular cases, though. Note also that future administrations could adopt different policies as to the use of immigration detainers, and some Members of Congress have recently introduced legislation that could potentially result in increased use of such detainers." - CRS, May 7, 2015.