Wednesday, March 22, 2017

Immigration Law & Border Enforcement: A One Week Summer Program for Law Students

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Hofstra Law is once again offering its Immigration Law and Border Enforcement Program. This one-week 3-credit class for law students runs from Sunday May 21 to Sunday May 28, 2017.

It will be held in San Diego, California, and is co-sponsored by UC San Diego's Center for Comparative Immigration Studies.

The course is open to law students around the country. Students will have the opportunity to:

  • Tour the border with Border Patrol
  • Meet with state department officials at the U.S. consulate in Tijuana
  • Tour Casa del Migrante in Tijuana and meet with advocates
  • Observe immigration court proceedings in the detained setting
  • Tour a detention facility
  • Meet with OFO officers at the POE
  • Observe federal court proceedings
  • Meet with a superior court judge
  • Meet with a border advocate
  • Participate in a cross-border festival at Friendship Park

Interested students should apply by April 7, 2017.

-KitJ

March 22, 2017 | Permalink | Comments (1)

Latinos are reporting fewer sexual assaults amid a climate of fear in immigrant communities, LAPD says

LAPD-Badge-Logo

The Trump administration has made it a priority to enlist the assistance of  state and local law enforcement in federal immigration enforcement.  Concerns have been expressed that immigrant communities would be less likely to report crimes if the local police were believed to be part of the federal  immigrant removal machinery.  To facilitate trust by immigrants in local police, some cities have limited their cooperation with federal immigration authorities.

New reports from Los Angeles suggest that the fears may be real.  Los Angeles Police Chief Charlie Beck said yesterday that reports of sexual assault and domestic violence made by the city’s Latino residents have plummeted this year amid concerns that immigrants unlawfully in the country could risk deportation by interacting with police or testifying in court.  It does not appear that crime rates are down, however.

Beck said reports of sexual assault have dropped 25% among the city’s Latino population since the beginning of 2017 compared with the same period last year, adding that reports of domestic violence have fallen by 10%. Similar decreases were not seen in reports of those crimes by other ethnic groups.

“Imagine, a young woman, imagine your daughter, your sister, your mother … not reporting a sexual assault, because they are afraid that their family will be torn apart,” Beck said.

Beck’s comments — which drew criticism from immigration enforcement advocates — came during an event in East Los Angeles in which Mayor Eric Garcetti signed an executive directive expanding the LAPD’s policy of not stopping people solely to question them about their immigration status to three other city agencies: the Fire Department, Airport Police and Port Police. The LAPD stopped initiating contacts with people in order to determine their immigration status in 1979. In 2014, the city ceased honoring requests from U.S. Immigration and Customs Enforcement to hold people in custody for possible deportation.

KJ

March 22, 2017 in Current Affairs | Permalink | Comments (0)

Conference to Mark Centennial of Bisbee Deportation

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Striking miners and others being deported from Bisbee on the morning of July 12, 1917. The men are boarding the cattle cars provided by the El Paso and Southwestern Railroad.            

The Ninth Circuit Public Information Office has posted a call for conference proposals:

Historians and legal scholars are being invited to submit proposals for papers examining the circumstances of the Bisbee Deportation, an infamous chapter in Arizona history. Selected papers will be presented this fall during a conference at the James E. Rogers School of Law at the University of Arizona in Tucson.

This year marks the centennial of the Bisbee Deportation, which occurred on June 12, 1917. The incident involved the forcible removal of more than 1,000 Arizona mine workers. Rounded up by a citizens’ posse, the miners were marched to waiting railroad cattle cars and transported to the New Mexico desert, where they were left stranded.

The event occurred at the intersection of unique historical factors: the presence of U.S. Army troops along the Arizona-Mexico border in reaction to cross-border raids by the Mexican revolutionary Francisco “Pancho” Villa; the tightly-contested (and later overturned) Arizona election of 1916; the run-up to America’s entry into World War I and the need for copper for the war effort; and the presence of the militant International Workers of the World (IWW) and concern over German influence in Mexico exacerbated by a notorious communication between their foreign ministers.

The deportation was unsanctioned by any court order or warrant and all civil and criminal efforts to hold those responsible failed. Players in the surrounding saga included one of Teddy Roosevelt’s Rough Riders, who became one of the most decorated heroes of WWI; a legendary Arizona lawman; the CEO of the largest mining company in North America; an Arizona governor instrumental in the drafting of the Arizona Constitution; and a future Supreme Court Justice dispatched by President Wilson to investigate the events.

Date & Location  of Conference:  Saturday, October 21, 2017 at the University of Arizona, James E. Rogers College of Law, Tucson, Arizona

Sponsors: The Ninth Judicial Circuit Historical Society (NJCHS); The University of Arizona’s College of Law and its Department of History

Call for Papers:  Historians, legal scholars and others are invited to submit proposals for papers addressing the events surrounding the deportation, with a view toward presentations at the Conference and possible inclusion in Western Legal History, a publication of the NJCHS.

Submission Details:  Written proposals, in Word or PDF format and not to exceed 500 words in length, must be submitted by June 1, 2017, and addressed to: Robyn Lipsky, NJCHS Executive Director at: njchs.executivedirector@gmail.com.

Notification: Authors of accepted proposals will be notified before July 12, 2017, and invited to attend and participate in Conference discussion panels. Papers should be completed by October 14, 2017, for distribution to other panelists.

Hat tip to Carter White!

KJ

        

March 22, 2017 in Current Affairs | Permalink | Comments (0)

From the Bookshelves: ONE NATION UNDECIDED: CLEAR THINKING ABOUT FIVE HARD ISSUES THAT DIVIDE US by Peter H. Schuck

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Abstract

In this new book, One Nation Undecided: Clear Thinking About Five Hard Issues That Divide Us (Princeton UP, 2017), Schuck first analyzes the factors that make "hard" issues hard, explore the quality of public debate about them, and explain what the title means by "clear thinking." Chapters 2 through 6 are devoted to detailed analyses of five hard issues: poverty, immigration, campaign finance, affirmative action, and religious exemptions from secular rules after the Hobby Lobby and Obergefell decisions. Each chapter begins by presenting the issue's context -- the relevant history, law, institutions, politics, and public opinion. Next, it disaggregates the issue into its main components. Beginning with key definitional and measurement questions (as in the case of poverty), it then elaborates the competing norms invoked by different groups and identifies the key factual claims and uncertainties. (Those who dominate public debates on these issues often suppress or ignore these uncertainties, either deliberately or because of their own ignorance.) Finally, each chapter discusses the nature and performance of current federal policies directed at that issue, and the reform options. A concluding chapter explores the similar and dissimilar underlying structures of the five issues.

KJ

March 22, 2017 in Books, Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: The Human Cost of IIRIRA — Stories from Individuals Impacted by the Immigration Detention System by Saba Ahmed, Adina Appelbaum, and Rachel Jordan

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The Human Cost of IIRIRA — Stories from Individuals Impacted by the Immigration Detention System

by Saba Ahmed, Adina Appelbaum, and Rachel Jordan (Capital Area Immigrants' Rights Coalition)

Abstract

The 1996 passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) has had a devastating impact on immigrants who are detained, indigent, and forced to face deportation proceedings without representation. Despite the growing specter of the “criminal alien” in the American psyche, there is little public knowledge or scrutiny of the vast immigration detention and deportation machine. Enforcement of IIRIRA has effectively erased human stories and narrowed immigration debates to numbers and statistics. This paper tells the stories of individuals — immigration attorneys, immigration judges, and detained immigrants and their family members — who have personally experienced the impact of IIRIRA. Collectively, these vignettes provide a realistic picture of the immigration detention experience and reveal the human cost of IIRIRA. 

Download the PDF of the article

KJ

March 22, 2017 in Current Affairs | Permalink | Comments (0)

Tuesday, March 21, 2017

A California waiter refused to serve 4 Latina customers until he saw ‘proof of residency’

One can only wonder what kind of climate is being created under the auspices of increased immigration enforcement by the Trump administration.  Did you hear the one about the four Latinas in a upscale beach city restaurant in California?  Well, "the waiter appeared. Before he could serve the four Latina women, he said, they needed to show proof of residency. 'I need to make sure you’re from here,' he said. . . . . "  Flummoxed, the four women handed over their IDs. But as what was happening sank in, they fumed.

Strange but true as reported by the Washington Post. The incident apparently has produced a Facebook firestorm.

Latinas

Guillermina Carrillo, center, hoped her daughters — from left, Ana Carrillo, Elvia Zarate-Carrillo, Diana Carrillo and Brenda Carrillo — would never experience the kind of discrimination she did when she immigrated from Mexico. (Courtesy of Brenda Carrillo)

KJ

March 21, 2017 in Current Affairs | Permalink | Comments (0)

CNN: how many mosques have been targeted just this year?

Anti-Muslim sentiment remains high.  CNN mapped 33 incidents from January 1 to March 20, 2017, where mosques were targets of threats, vandalism or arson. The incidents span 19 states from Florida to Hawaii (and, sadly enough, include my hometown of Davis, California). (By comparison, during the same time period in 2016, CAIR counted just 17 incidents.)

Alabama:
Huntsville
Hoover
 
Arizona:
Tucson
 
California:
Davis
Roseville
 
Colorado:
Denver
 
Florida:
 
Georgia:
Atlanta
 
Hawaii:
Honolulu
 
Illinois:
Peoria
 
Kentucky:
Lexington
 
Louisiana:
 
Maryland:
Gaithersburg
Silver Spring
 
Michigan:
Kentwood
Ypsilanti
 
Montana:
Bozeman
 
Bayonne
 
New York:
Brooklyn
 
Ohio:
Columbus
 
Texas:
Victoria
 
Virginia:
 
Washington:
Bellevue

March 21, 2017 in Current Affairs | Permalink | Comments (0)

Nearly 300 Law Professors: Trump’s Executive Order on “Sanctuary” Cities Is Unconstitutional

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This Immigrant Legal Resource Center press release anoiunces that 292 constitutional, immigration, administrative, and international law professors and scholars delivered a letter to President Trump demanding that he rescind section 9(a) of Executive Order 13768 due to its likely violations of the spending clause and Tenth Amendment of the U.S. Constitution.

On January 25, 2017, President Trump signed Executive Order 13768, Enhancing Public Safety in the Interior of the United States, which vastly expanded the proportion of the immigrant population who face potential risk of deportation. Section 9(a) of the Executive Order directs the U.S. Department of Homeland Security and U.S. Department of Justice to designate state and local communities that disentangle themselves from federal immigration enforcement as “sanctuary” jurisdictions and to terminate federal funding to those jurisdictions.

“As today’s analysis by law professors shows, sanctuary jurisdictions that enact such policies are acting well within their constitutional rights. There is no single definition of what it means to be a sanctuary city. The term is often used to tarnish or celebrate—depending on the speaker—laws and policies that cities, counties and states have advanced policies to separate and distinguish themselves from federal immigration authorities,” notes Annie Lai, Assistant Clinical Professor of Law at the University of California, Irvine School of Law and one of the authors of the letter.

The professors conclude that state and local jurisdictions have the inherent constitutional authority to enact “sanctuary” policies and that “sanctuary” policies do not violate 8 U.S.C. § 1373, which the professors argue may itself be unconstitutional.

“Nearly 300 professors agree that sanctuary policies in many instances were adopted in order to comply with the law. The president’s threat, however, to starve sanctuary cities of federal funding violates the ultimate federal law: The United States Constitution,” states Christopher Lasch, Associate Professor of Law at the University of Denver Sturm College of Law and another author of this letter.

Though the administration has yet to define what constitutes a “sanctuary” jurisdiction, the ILRC has identified over 600 jurisdictions that have legal and constitutional policies that disentangle local authorities from federal immigration enforcement. The letter follows a recent report concluding that jurisdictions across the United States are at risk of potentially losing over $870 million in federal funding as a result of section 9(a) of the Executive Order.

Read the full letter here.

KJ

March 21, 2017 in Current Affairs | Permalink | Comments (1)

International Day for the Elimination of Racial Discrimination.

Today, Tuesday 21 March is International Day for the Elimination of Racial Discrimination.  

As UN Human Rights Chief Zeid Ra'ad Al Hussein explains, "it reminds us that we all need to do more to eliminate racial discrimination, xenophobia, hate speech and crimes committed in the name of prejudice. Across the world, the politics of division and thee rhetoric of intolerance are targeting racial, ethnic, linguistic and religious minorities, migrants and refugees. People of African descent continue to be victims of racist hate crimes and racism in all areas of life. Anti-Semitism continues to rear its ugly head from the US to Europe to the Middle East and beyond. Muslim women wearing headscarves face increasing verbal, and even physical, abuse in a number of countries. In Latin America, indigenous peoples continue to endure stigmatization, including in the media." 

We must draw a line. And we can. Today we are asking you to join us and take a stand against racism. Here's how : 

 KJ

March 21, 2017 in Current Affairs | Permalink | Comments (0)

University of California FAQ on Immigration Enforcement on Campus

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The University of California has released a following as guidance for all the UC campuses, faculty, students, and staff.

The web version of the FAQ on immigration enforcement actions  

A PDF version of the FAQ 

The FAQ is the first link under “Resources” on the UC Immigration page

The first FAQ is perhaps most important:

1. Will University Police Officers work with federal immigration officers to apprehend and remove individuals from campus?

"No.  On November 30, 2016, the University issued Principles in Support of Undocumented Members of the University Community; you can find the full document here.  The Principles explain that jurisdiction over enforcement of federal immigration laws rests with the federal government and not with UCPD.  UC Police are devoted to maintaining a safe and secure environment to support the University’s research, education and public service missions.  University of California police departments will not divert their resources from this mission in order to enforce federal immigration laws.

Campus police officers will not contact, detain, question or arrest an individual solely on the basis of suspected undocumented immigration status or to discover the immigration status of any individual, and UC Police will not undertake joint efforts with federal immigration enforcement authorities to investigate, detain or arrest individuals for violation of federal immigration law. 

Nonetheless, if U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) officers conduct immigration enforcement activities on campus, UC Police may be called in to prevent injuries or property damage.  In addition, where other federal law enforcement agencies such as the Federal Bureau of Investigation (FBI) or Drug Enforcement Administration (DEA) have reason to pursue criminal suspects on campus, University Police may cooperate with those efforts to enforce criminal laws."

KJ 

 

March 21, 2017 in Current Affairs | Permalink | Comments (0)

The Negative Consequences of Entangling Local Policing and Immigration Enforcement

As a candidate and now as president, Donald Trump has falsely labeled immigrants as a threat to public safety and has promised to create a “deportation force” to remove millions of immigrants from the country. Through his words and actions, President Trump has signaled that he aims to enlist state and local law enforcement in this deportation force through both inducement and coercion, by aggressively promoting the 287(g) program and threatening to cut federal funding of so-called sanctuary jurisdictions.

Law enforcement personnel already face enormous challenges with limited resources. In the coming months, many state and local officials and local law enforcement agencies will face a choice: whether and how to assume a greater role in enforcing federal immigration laws. A new brief by the Center for American Progress illustrates how exercising that role could lead to significant financial burdens; increased litigation due to racial profiling and unlawful detention; and diminished public trust at the expense of public safety and the general welfare of all members of U.S. communities.

“Law enforcement officers have a difficult job, and gaining and maintaining community trust has never been more important than it is in today’s charged environment,” said Danyelle Solomon, Director of Progress 2050 at CAP and co-author of the brief. “Research shows that the general principles of community policing apply with equal force when looking at effective policing in immigrant communities, and that entangling local policing and immigration enforcement reduces trust and decreases public safety.”

The brief points out that many jurisdictions that have participated in 287(g) programs have found them to be a raw deal and have exposed them to charges of racial profiling and litigation. The brief further notes that hundreds of jurisdictions have adopted sanctuary policies to enhance public safety and avoid court judgements and hefty settlements resulting from unlawful detentions.

“The Trump administration’s efforts to rope local law enforcement into its mass deportation agenda are guided more by its anti-immigrant ideology than by sound public policy,” said Tom Jawetz, Vice President for Immigration Policy at CAP and co-author of the brief. “The nation’s experience with 287(g) task force agreements has not been good and, as our own previously published research shows, sanctuary counties experience less crime and stronger economies. In the opening months of this administration, we have seen that courts adhering to the Constitution have acted as an important check on executive overreach by this administration. But sound decisions made every day by state and local officials and law enforcement executives must act as an additional check.”

Click here to read “The Negative Consequences of Entangling Local Policing and Immigration Enforcement” by Danyelle Solomon, Tom Jawetz, and Sanam Malik.

KJ

March 21, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: Abolishing Immigration Prisons by César Cuauhtémoc García Hernández

Cesar-garcia-hernandez-fullbody

Abolishing Immigration Prisons

Date: March 8, 2017

Abstract

The United States has a long and inglorious history of coercive state practices of social control that are motivated, explicitly or implicitly, by race. From chattel slavery to modern incarceration, state actors have regularly marginalized, demonized, and exploited people racialized as nonwhite. Immigration imprisonment—the practice of confining people because of a suspected or confirmed immigration law violation—fits neatly into this ignoble tradition. The United States’ half million immigration prisoners, who are overwhelmingly Latino, were almost all pushed and pulled to leave their countries of origin in part by policies promoted or supported by the United States. Yet, once here, Latin American migrants are relegated to a legal system that treats them as confineable based merely on their status.

Even worse is that the practice of immigration imprisonment, as designed and operated, has stripped migrants of their inherent dignity as humans and has instead commodified them into a source of revenue. For immigration prisoners, the prison operates as a means of segregation and stigmatization: immigration prisoners are segregated from the political community and perceived to be dangerous. For other migrants who, for the time being at least, avoid imprisonment, the prison symbolizes the state’s brute power. For the vast network of interested parties who have invested deeply in immigration imprisonment, the prison marks the location of production. Paid according to the number of people locked up, private prisons and local governments profit from human bondage. Meanwhile, opportunistic politicians reap political rewards by pointing to barbed wire perimeters and sizeable prison populations as evidence of their efforts to protect the nation.

This Article is the first to argue that immigration imprisonment is inherently indefensible and should be abolished. The United States should instead adopt an alternative moral framework of migrants and migration that is grounded in history and attuned to human fallibility. Doing so will help discourage harmful immigration rhetoric steeped in myths of migrant criminality and will foster better understanding of migrants and their reasons for coming to the United States.

KJ

March 21, 2017 in Current Affairs | Permalink | Comments (0)

Monday, March 20, 2017

IJs are Border Bound

The Justice Department has announced that immigration judges will be temporarily reassigned to new posts at border detention facilities. More from Fox and WaPo at the jumps.

-KitJ

March 20, 2017 in Current Affairs | Permalink | Comments (0)

AALS Call for Papers: Immigration Adjudication in an Era of Mass Deportation

From the AALS Section on Immigration Law:

"Call for Papers for Presentation

AALS Section on Immigration Law (2018)

Immigration Adjudication in an Era of Mass Deportation 

The AALS Section on Immigration Law is pleased to announce a call for papers for presentation at the 2018 annual conference in San Diego, CA. The program will be titled, “Immigration Adjudication in an Era of Mass Deportation.” Large scale deportation has been a feature of the federal government’s immigration enforcement policy for years.  But the immigration policies under the new administration suggest even more expansive reliance on the tools associated with mass deportation, such as increasing the number of deportations, the scale of detention and the categories of persons treated as removal priorities.  

The Section seeks papers that examine the implications of the current Administration’s mass deportation strategies for existing paradigms in the literature on immigration adjudication.

The questions that may be addressed in the papers include, but are not limited to, the following: the rise–and likely expansion–of summary removals and other mechanisms that enable the federal government to effectuate removal in a streamlined manner and without the participation of the immigration courts; the impact of the backlog in the immigration courts on the federal government’s ability to achieve mass deportation; the continued relevance of the immigration courts and Board of Immigration Appeals as the central actors in immigration adjudication; and the influence of policies related to mass deportation on broader themes within immigration law such as judicial review, the rule of law, the constitutional rights of noncitizens, plenary power or the entry fiction doctrine. 

Up to two papers may be selected from the Call for Papers. The author(s) of the selected paper or papers will be invited to present the paper(s) during the Immigration Section’s program at AALS. 

Please send your submission to immprof2018@gmail.com by August 1, 2017, 5:00 PM EST.

If you have any questions, please do not hesitate to contact Rose Cuison Villazor at rcvillazor@ucdavis.edu." 

 -JKoh

March 20, 2017 | Permalink | Comments (0)

Immigration Article of the Day: Creating Cohesive, Coherent Immigration Policy by Pia M. Orrenius and Madeline Zavodny

Puia Zavodny

Creating Cohesive, Coherent Immigration Policy by Pia M. Orrenius (Federal Reserve Bank of Dallas and Institute of Labor Economics) and Madeline Zavodny (Agnes Scott College and Institute of Labor Economics)

US immigration policy has serious limitations, particularly when viewed from an economic perspective. Some shortcomings arise from faulty initial design, others from the inability of the system to adapt to changing circumstances. In either case, a reluctance to confront politically difficult decisions is often a contributing factor to the failure to craft laws that can stand the test of time. This paper argues that, as a result, some key aspects of US immigration policy are incoherent and mutually contradictory — new policies are often inconsistent with past policies and undermine their goals. Inconsistency makes policies less effective because participants in the immigration system realize that lawmakers face powerful incentives to revise policies at a later date. It specifically analyzes US policies regarding unauthorized immigration, temporary visas, and humanitarian migrants as examples of incoherence and inconsistency. Lastly, this paper explores key features of an integrated, coherent immigration policy from an economic perspective and how policymakers could better attempt to achieve policy consistency across laws and over time.

 
KJ

March 20, 2017 in Current Affairs | Permalink | Comments (0)

60 Minutes Build on Trump Hysteria? Are U.S. jobs vulnerable to workers with H-1B visas?

 

Building on the claim by President Trump., Attorney General Jeff Sessions, and others, "60 Minutes" adds fuel to the fire that immigrants are displacing American workers.  As it describes the story, "60 Minutes investigates how some businesses have fired American workers and replaced them with cheaper labor: temporary, foreign workers with H-1B visas."  

Click here for a quick-and-dirty defense of H-1B visas. The American Immigration Council in 2016 offered this primer on the H-1B visa program.  The Trump administration has hinted that it may be reforming the H-1B visa program, with possible refoirms analyzed here in commentary in the National Law Journal.

KJ

 

March 20, 2017 in Current Affairs | Permalink | Comments (1)

Sunday, March 19, 2017

Fear, hope and deportations

In this Washington Post article, Mary Jordan and Kevin Sullivan look at white working class support for President Trump's immigration enforcement binge and diatribes against "anchor babies."  The story focuses on the views of North Texas school bus driver Tamara Estes.  It offers a sobering -- and well worth reading -- assessment of the reasons why some low-and medium skilled white workers support Donald Trump's immigration policies.  I wonder what the chances are of American workers being better off with mass deportations of Latinos.

H-001

Photo courtesy Linda Davidson/Washington Post

KJ

March 19, 2017 in Current Affairs | Permalink | Comments (0)

RIP Chuck Berry (1926-2017)

The Trump Effect? Philly Cinco de Mayo celebration canceled over immigration crackdown fears

2346_l

Photo courtesy of Visit Philadelphia website

President Trump's immigration enforcement policies and rhetoric are having impacts.  Farmers in California's agricultural heartland are having problems finding workers, even as wages are risingLatina/o church attendance is down.  The Chief Justice of California expressed concerns that federal immigration enforcement officers were "stalking" state courts in search of removable immigrants.   DACA recipients (and here) have been arrested. Immigration judges are being directed to backlogged courts to speed up removals. 

The Hill reports that El Carnaval de Puebla, an annual Cinco De Mayo celebration in Philadelphia, has been canceled because of recent federal immigration crackdowns, organizers said.  Edgar Ramirez told a local NBC affiliate that as many as 15,000 people gather for the annual parade through South Philadelphia, marking the city's largest Cinco de Mayo celebration.  Ramirez told NBC the decision was "sad but responsible" amid reports of more immigration enforcement arrests on the part of Immigration and Customs Enforcement (ICE).

 

The end of Cinco de Mayo?

KJ

March 19, 2017 in Current Affairs | Permalink | Comments (0)

Immigration Article of the Day: DACA on the Docket by Nicholas R. Bednar