Detention

Detention

From IIRIRA to Trump: Connecting the Dots to the Current US Immigration Policy Crisis
This paper examines the effects of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). It traces the evolution of US immigration law and policy from IIRIRA’s implementation, to recent measures that seek to diminish legal immigration, restrict access to the US asylum system, reduce due process protections for non-citizens in removal proceedings, criminalize immigration violations, and expand the role of states and localities in immigration enforcement. The paper draws from a collection of papers published in the Journal on Migration and Human Security on IIRIRA’s multi-faceted consequences, as well as extensive legal analysis of IIRIRA and the current administration’s immigration agenda.

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The Separation of Immigrant Families: Historical Anecdotes

the separation of families has been a problem within the US immigration system for many years. This post highlights some of the stories preserved in the National Catholic Welfare Conference (NCWC) Bureau of Immigration Records in the CMS archive when family separation was in the headlines and enforcement of immigration laws was seen as protecting American jobs.

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Address by Most Rev. John Stowe, OFM Conv., Bishop of Lexington
The Most Reverend John Stowe, OFM Conv., Bishop of Lexington, addressed the CMS conference "Promoting Just and Inclusive Communities in Ohio, Kentucky, and Indiana: A “Whole of Community” Approach to Immigrants and Refugees" in Cincinnati, Ohio from July 16-18, 2018. Bp. Stowe addressed the cruel enforcement actions against immigrants and refugees, the need for comprehensive immigration reform, and the work of local and regional groups to protect and care for the vulnerable populations impacted by harsh government policies.

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Immigration Detention, Inc.
This paper demonstrates the influence of economic inequality on system-wide US immigration detention policy and on individual detention decisions. The paper describes how for-profit prisons have impacted the immigration system through promoting wide-scale detention, which has led to increased profitability in the private prison sector and influence over policymakers. Next, it details the mechanisms by which economic inequality dictates the likelihood and length of detention in individual cases, through policies of keeping detention beds full and the use of monetary bond requirements for release from detention. The paper raises troubling issues of democratic governance and the commodification of traditional governmental functions. It concludes with recommendations for reform, including lessening the use of private prison companies for immigration detention, promoting the presumption of liberty in the immigration detention system to push back against large-scale detention, and reducing the use of monetary bond requirements as a condition of release.

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CMSOnAir | His Eminence Joseph William Cardinal Tobin
This episode features a conversation with His Eminence Joseph William Cardinal Tobin, Archbishop of the Archdiocese of Newark, New Jersey. In this interview with CMS’s Executive Director, Donald Kerwin, Cardinal Tobin discusses Catholic teaching on migrants and refugees, developments in immigration and refugee policy, ideological polarization surrounding immigration in the United States, the provision of sanctuary to migrants, and how faith communities can become more involved on immigration issues.

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Immigration Detention: Recent Trends and Scholarship
Over many years, human rights and government watchdog organizations have reported on appalling conditions and human rights abuses in immigration detention centers, particularly privately-owned and/or operated facilities. These conditions have included inadequate medical and mental health care, physical and verbal...

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Twenty Years After IIRIRA: The Rise of Immigrant Detention and Its Effects on Latinx Communities Across the Nation

This paper argues that the Illegal Immigration Reform and Immigrant Responsibility’s (IIRIRA) detention mandate, special interest groups, and major federal policies have come together to fuel the expansion of immigrant detention to unprecedented levels. It discusses the implications of the growth in immigrant detention for human rights, legislative representation, and democracy in the United States. This study analyzes two main questions: What is the role of special interests in the criminalization of immigrants? Does the rapid increase in detention pose challenges or risks to democracy? The paper uses a unique dataset to reveal that major restrictive federal immigration policies such as IIRIRA and the increasing federal immigration enforcement budget have had a significant impact on immigrant detention rates. Based on these findings, the paper recommends: 1) increased transparency and accountability in data management from the Department of Homeland Security and on lobbying expenditures from for-profit detention corporations, 2) the repeal of mandatory detention laws, and 3) the repeal of the Congressional detention bed mandate.

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