Detention

Detention

Address by Most Reverend Salvatore J. Cordileone, Archbishop of San Francisco

On March 13, 2019, Most Rev. Salvatore J. Cordileone, Archbishop of San Francisco, delivered a keynote address at the 2019 Catholic Immigrant Integration Initiative Conference at Santa Clara Law School in Santa Clara, California. In his remarks, Archbishop Cordileone discusses: the Catholic Church’s concern for men, women, and children “on the move”; common themes found throughout the Church’s pastoral vision and the conference goals; immigrant contributions; how changing US immigration and refugee polices are affecting Catholic institutions and integration efforts; and promising and successful programs and ministries with immigrants.

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Access to Counsel and the Legacy of Juan Osuna
On November 15, 2018, CMS hosted an event on access to justice, due process and the rule of law to honor the legacy of Juan Osuna, a close colleague and friend who held high-level immigration positions in four administrations over...

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Moving Away from Crisis Management: How the United States Can Strengthen Its Response to Large-Scale Migration Flows

This paper reviews the response of the US government to the growth in migration from Central America’s Northern Triangle states from 2011 to 2016. It also critiques the extreme border policies of the Trump administration, while recognizing that the failure of previous administrations to enact strategic, long-term changes in the US immigration system laid the groundwork for these policies. Finally, it reviews some of the lessons learned during the Obama administration on the need for a resilient and reformed immigration system.

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Immigration Authorities Systematically Deny Medical Care for Migrants Who Speak Indigenous Languages
The death of seven year-old Jakelin Amei Rosmery Caal Maquin in December of 2018 while in US Border Patrol custody has led to outrage, frustration, and a host of unanswered questions. This study — which consists of more than 1,100 post-deportation surveys with unauthorized Mexican migrants — suggests that the denial of medical attention to migrants in US custody is a widespread and systemic problem, and one that appears to affect indigenous language speakers disproportionately.

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Communities in Crisis: Interior Removals and Their Human Consequences

This paper examines the characteristics of deportees from the United States and the effects of deportation on deportees, their families, and their communities. It analyzes the findings from 133 interviews with deportees at a migrant shelter in Sonora, Mexico and interviews with family members of deportees and others affected by deportation in three Catholic parishes in the United States. These findings include: 1) the deportees had established long and deep ties in the United States, including strong economic and family ties, 2) deportation severed these ties and impoverished and divided affected families, 3) most deportees planned to return to the United States, and 4) the US deportation system treated deportees as criminals and the Trump administration sought to instill fear in immigrant communities. The paper concludes with policy recommendations to mitigate the ill effects of the administration’s policies and promote the integrity of families and communities, including: using detention as a “last resort”; reducing funding to Immigration and Customs Enforcement (ICE); and limiting collaboration between police and ICE and Customs and Border Protection.

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No Agency Adjudication?
Jill E. Family, Commonwealth Professor of Law and Government and Director of the Law and Government Institute at Widener Law Commonwealth, highlights the lack of independence of immigration agency adjudicators (i.e., immigration judges and Board of Immigration Appeals members) to interpret and apply immigration law. She proposes moving removal adjudication to an Article I court, in order to create a system with greater independence and credibility. An Article I court would focus on adjudication only and would not be a part of the Department of Justice, which focuses on law enforcement.

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