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Immigration Enforcement by State & Local
Authorities
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Resources for
Advocates |
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FROM NILC |
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S-COMM: A Toolkit for Advocates. Prepared for a July 8,
2010, California statewide teach-in cosponsored by California civil and
immigrants' rights groups. It is designed to
help California advocates fight to prevent continued expansion of the
federal Secure Communities (S-COMM) program in California and,
ultimately, to push for statewide disenrollment from the program. (7/10) |
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TOOLKIT:
Uncovering the Truth Behind Police & ICE Collaboration.
Developed for a May 2010 "teach-in" whose goal was to empower local
communities new to the issues to gain information and generate a public
discourse about programs that threaten public safety, systemize racial
profiling, and destroy communities. A joint publication of the
National Immigration Project of the National Lawyers Guild, the National
Day Laborer Organizing Network (NDLON), and NILC. (5/10) |
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Statement of the National Immigration Law Center, Hearing on "Racial
Profiling and the Use of Suspect, Classifications in Law Enforcement
Policy" before the House Judiciary Committee, Subcommittee on
the Constitution, Civil Rights, and Civil Liberties, submitted by Tyler
Moran, Federal Policy Director, and Elizabeth Mauldin, Policy Attorney,
June 24, 2010. |
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DHS Office of Inspector General Report: ICE Reforms Fail to Solve
Fundamental 287(g) Problems. Based on interviews, direct
observations, and a review of documents related to the 287(g) program,
the OIG report juxtaposes evidence of serious problems with
recommendations for change and ICE’s response to those recommendations.
Of the 33 recommendations the OIG makes, ICE itself concurs with 32. The
OIG report confirms issues raised by advocates since implementation of
INA section 287(g) began in 2002 and provides damning evidence that the
program is fundamentally flawed. (4/10) |
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Civil Rights Violations Complaint Campaign |
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NILC, the
ACLU Immigrant Rights Project, the
National Day Laborer Organizing Network, and the
Rights Working Group have developed
a sample civil rights violations complaint form and instructions
to document abuses occurring under the
various immigration enforcement programs, not just by
federal officials but also by local law enforcement officers.
This form is for use by groups and individuals interested in
documenting such abuses and lodging complaints with the U.S.
Dept. of Homeland Security (DHS) and the U.S. Dept. of Justice's
Civil Rights Division. Detailed instructions on how to
fill out the complaint form and where to send copies are
included in the packet. More information is available
HERE. |
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Secure Communities? A Dangerous Merger: ICE Enforcement Programs in the
Criminal Justice System (a PowerPoint presentation accompanying
a Mar. 4, 2010, webinar presented by: Detention Watch Network, Immigrant
Defense Project, Immigrant Legal Resource Center, Washington Defender
Association’s Immigration Project, National Immigration Project of NLG,
National Immigration Law Center, and Rights Working Group). (Posted
3/22/10) |
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Overview of the Key ICE ACCESS Programs: 287(g), the Criminal Alien
Program, and Secure Communities. ICE has grouped the major
programs that merge immigration enforcement with the criminal justice
system under an umbrella scheme called Agreements of Cooperation in
Communities to Enhance Safety and Security (ICE ACCESS). (11/5/09) |
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More Questions Than Answers about the Secure Communities Program.
"Secure Communities" applies to immigrants regardless of their guilt or
innocence, how or why they were arrested, and whether or not their
arrests were based on racial or ethnic profiling or were just a pretext
for checking immigration status. ICE fact sheets and press
releases leave many critical questions unanswered. (3/09) |
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Administration
Announces Harsh New Immigration Measures (article) and
List of announced measures:
"Improving Border Security and Immigration Within Existing Law"
(Depts. of Homeland Security & Commerce, 8/10/07) |
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Facts About Federal Preemption:
How to analyze whether state and local initiatives are an unlawful
attempt to enforce federal immigration law or regulate immigration (PDF)
(6/28/07) |
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Introduction &
Background: Sample Language for Policies Limiting the Enforcement
of Immigration Law by Local Authorities (11/04)(PDF) |
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Sample Language for Policies
Limiting the Enforcement of Immigration Laws by Local Authorities (11/04) (PDF) |
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FROM
ENTITIES OTHER THAN NILC |
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The State Immigration Project of the
Progressive States Network ("Working with allied labor, civil
rights, religious, and community organizations, the . . . State
Immigration Project . . . will support state legislative leaders and
advocates in challenging the rising anti-immigrant movement at the state
level.") |
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State and Local Police Enforcement
of Federal Immigration Laws: A Toolkit for Advocates (AILA,
MALDEF, NCLR, NIF, NILC, 3/06) |
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Police Chiefs Guide to Immigration
Issues (International Association of Chiefs of Police, 7/07) |
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Major Cities [Law Enforcement]
Chiefs' statement on enforcement of immigration law by local agencies
(From the 6/8/06 news release accompanying the statement: "Members
of the Major Cities Chiefs Association, comprised of the largest police
agencies in America, are the first responders to over fifty million
residents. We are very concerned that the public policy [currently]
under consideration [in the U.S. Congress] does not take into full
account the realities of local law enforcement in dealing with this
issue on the ground.") |
State & Local |
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LITIGATION (STATE & LOCAL) |
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Two Louisiana cases: "Driving Without Lawful Presence" (posted 4/24/07)
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LEGISLATION & RESOLUTIONS (STATE & LOCAL) |
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The Anti-Immigrant Movement that
Failed: Positive Integration Policies by States Still Far Outweigh
Punitive Policies Aimed at New Immigrants (Progressive States
Network, 9/08) |
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TABLE:
Laws, Resolutions, and Policies
Instituted Across the U.S. Limiting Enforcement of Immigration Laws by
State and Local Authorities (updated 12/3/08) |
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TABLE:
2005 State
Legislation Restricting Benefits for Immigrants or Promoting State and
Local Enforcement of Immigration Laws (posted under
"State-Funded
Benefit Programs")
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Federal |
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LITIGATION (FEDERAL) |
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AGAINST ARIZONA'S SB 1070
Friendly
House et al. v. Whiting et al. |
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Proposed Plaintiffs’ Motion for Preliminary Injunction (Filed
6/4/10) |
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Complaint for Declaratory and Injunctive Relief (Filed
5/17/10) |
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Complaint Exhibits 1 & 2 (Arizona Senate & House Bills) (Filed
5/17/10) |
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Memorandum Brief of Amicus Curiae American Bar Association in Support of
Plaintiffs’ Motion for Preliminary Injunction (Filed 6/30/10)
(Or read the ABA's
news release summarizing its four reasons/arguments for why SB 1070
should be enjoined.) |
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Why Police Chiefs Oppose Arizona’s SB 1070 (Excerpts from
declarations submitted as part of the Motion for Preliminary Injunction
in Friendly House v. Whiting.) (6/10)
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AGAINST ARIZONA'S SB 1070
United
States v. Arizona |
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Order issued July 28, 2010, in United States of America v. State of
Arizona, et al., CV10-1413-PHX-SRB, on Plaintiff’s Motion for
Preliminary Injunction
(7/28/10) |
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Complaint
(Filed
7/6/10) |
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Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in
Support Thereof (Filed
7/6/10)
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AGAINST CITY OF FARMERS BRANCH, TEXAS
Villas at
Parkside Partners v. City of Farmers Branch |
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Memorandum Opinion and Order ("[T]he Court finds . . . that the
landlord and tenant plaintiffs have established standing to challenge
the ordinance, and that the ordinance is invalid under the Supremacy
Clause.") (3/24/10) |
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Memorandum Opinion and Order
Granting Permanent Injunction (Federal district court finds
that a local ordinance restricting immigrants' access to housing is
preempted by federal law and violates the Due Process Clause of the
Fourteenth Amendment.) (5/28/08) |
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Memorandum Opinion and Order
(Court lacks jurisdiction to consider defendants' proposed
counterclaim.) (5/28/08) |
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Memorandum Opinion and Order
Granting Preliminary Injunction (6/19/07)
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AGAINST CITY OF HAZLETON, PENNSYLVANIA
Lozano et
al. v. City of Hazleton |
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Federal Court Strikes Down
Discriminatory Anti-Immigrant Law in Hazleton, Pennsylvania
(link is to ACLU of Pennsylvania website). "In the first trial
decision of its kind, a federal court has declared unconstitutional a
local ordinance that sought to punish landlords and employers for doing
business with undocumented immigrants." (7/26/07)
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Decision in
Lozano v.
City of Hazleton, No. 3:06cv1586 (M.D. Pa. July 26,
2007). |
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Appeal (by Hazleton) to Third Circuit
Court of Appeals
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LEGISLATION
(FEDERAL) |
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Summary
of the Homeland Security Enhancement Act of 2005 (S. 1362) (6/30/05)(PDF) |
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Summary of the Clear Law Enforcement for Criminal Alien
Removal (CLEAR) Act of 2005 (HR 3137) (6/30/05)(PDF) |
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Summary of the Clear Law Enforcement for Criminal Alien
Removal (CLEAR) Act of 2003 (HR 2671) (7/31/03)(PDF) |
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Immigrants' Rights Update Articles
(back
to IRU index) |
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Hazleton, Penn., Anti-Immigrant
Ordinances Preempted and Unconstitutional, Federal Court Finds
(10/5/07) |
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Louisiana Courts Dismiss Charges
under Law Prohibiting Driving without
Lawful Presence, Citing Preemption and Enforcement Problems (4/25/07) |
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Rhode
Island ACLU Sues over Arrests of Immigrants Resulting from Racial
Profiling (2/20/07) |
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Toolkits
for Responding to Local Anti-Immigrant Ordinances Available (12/6/06) |
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Bill authorizing enforcement of
immigration law by state and local authorities introduced in Senate
(12/22/05) |
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House
passes border and immigration enforcement bill: Immigrants, noncitizens,
even citizens face unprecedented assault on rights
(12/22/05) (posted under "Comprehensive
Immigration Reform") |
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L.A. County
to Enter Limited MOU with ICE to Permit
Immigration Enforcement at County Jail (2/10/05) |
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Hiibel v. Sixth Judicial Dist. Court of Nev.,
Humboldt Cty. |
Supreme Court upholds state law requiring individuals to identify
themselves when asked during investigative stop (7/04) |
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Homeland Security
Enhancement Act Provisions Spark Sharp Disagreement (5/20/04) |
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National
Council of La Raza, et al v. Ashcroft |
Lawsuit Filed to Enjoin Entry of Immigration Records
into FBI's Crime
Database (2/17/04 ) |
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Senate
State/Local Immigration Enforcement Bill Goes Further Than House "Clear
Act" Bill (12/18/03) (Posted under
"Congressional Developments") |
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Alabama
State Troopers Said to Receive "Clear Authority" in Civil Immigration
Enforcement (11/24/03) |
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CLEAR
Act Introduced: Sweeping Legislation Would Require Local Police to Enforce
Immigration Law
(9/4/03) |
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Justice Dept. Order Exempts Crime Database
from Accuracy Requirement (6/3/03) |
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Seattle Adopts Ordinance Preventing Inquiries
on Immigration Status (2/21/03) |
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Farm Labor Organizing Committee v. Ohio State Highway Patrol
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6th Circuit Upholds Ruling against Ohio Trooper Who
Seized Green Cards (11/22/02) |
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Policies to Permit Police to Enforce Immigration
Law Could Undermine Public Safety, Violate Civil Rights (11/22/02) |
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INS and Florida Enter MOU to Allow State
Officers to Enforce Immigration Law (9/10/02) |
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Justice Dept. Contemplates Extending Immigration
Enforcement Responsibilities to State and Local Agencies (4/12/02) |
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