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.
This paper outlines the results of a study on young immigrants, known as the Dreamers, who would be eligible for conditional permanent status under the DREAM Act of 2017. The study paints a portrait of a highly productive, integrated group of young Americans, who are deeply committed to the United States and poised to make — with status and time — even more substantial contributions to the communities that have invested in them. These investments include $150 billion that states and localities have to date spent on the education of Dreamers. The paper highlights potential DREAM Act recipients’ large numbers, prevalence throughout the country, high levels of employment and self-employment, long residence, US families, English language proficiency, and education levels. It argues that with time and, particularly, with a path to citizenship, the Dreamers would be able to contribute significantly more to their communities. Finally, the study finds that a large number of Temporary Protected Status (TPS) recipients, who will soon lose this status, would qualify for relief under the DREAM Act.
Donald Kerwin, CMS’s executive director, discusses why Congress should delink passage of the DREAM Act from enforcement spending, and pass a “clean” DREAM Act in 2018.