New York, NY — A NY investigation concludes that federal agents making Immigration and Customs Enforcement (ICE) raids were ordered to change their mission, shifting focus from the most dangerous undocumented immigrants to just making lots of arrests. A New York law school, using the Freedom of Information Act to review internal memos, has found that Immigration agents, who's mission was to capture dangerous suspects and undocumented immigrants suspected of terrorism, actually arrested illegal workers without arrest records 75 percent of the time.
Peter Markowitz, director of the Immigration Justice Clinic at New York’s Cardozo School of Law, says the Bush administration changed the mission of the National Fugitive Operation Program in 2006, but never told Congress. He says special agent teams that once targeted 125 dangerous aliens per year, were ordered to arrest 1,000 aliens a year, and not to concern themselves with danger level.
"That created tremendous bureaucratic pressure on these teams to make more arrests. So, they went after the easiest arrests possible — people who pose no danger, but are simply status violators."
Attorney Ghita Shwarz, with Latino Justice, represents 30 immigrant New Yorkers; many of them legal residents and even citizens, who had ICE agents storm their homes in pre-dawn hours.
"We want this policy to stop. Warrantless raids into homes are never OK. These raids were affected in a particularly brutal manner; several of our clients are minors; some very very young minors."
Shwarz says federal officials admitted they had no warrants to enter any of the homes, but argued they were given permission to enter. She plans to certify the case as a class action lawsuit against individual agents and the Department of Homeland Security.
Immigration officials defend the modified program, saying the number of non-citizens with outstanding deportation orders dropped by 70,000 in the last year. The study by the Migration Policy Institute revealed the program cost $625 million.
The MPI study may be found at www.migrationpolicy.org/pubs/NFOP_Feb09.pdf.
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Both chambers of the New York state Legislature have included coverage for all legislation in their respective budgets.
The bills would update the state's Affordable Care Act Section 1332 waiver to make coverage available for all income-eligible people, regardless of their immigration status. Studies show half of likely undocumented immigrants and around 18% of lawfully present immigrants are uninsured.
Arline Cruz Escobar, health programs director for the group Make the Road New York, said the challenges stemming from a lack of coverage make life harder for the undocumented population.
"A lot of these preventable illnesses are going undetected and so, unfortunately, people are getting sicker," Cruz Escobar pointed out. "It also means that a lot of people who currently are sick aren't able to actually access the medication that they need."
One of the biggest obstacles to passing the bill is anti-immigrant rhetoric spreading across the country. However, many groups across the state submitted testimony declaring their support and need for this bill.
Cruz Escobar argued the growing migrant population in places such as New York City makes the bill more necessary. The New York City Comptroller's Office found the number of migrants not living in New York City but still in its care grew from 276 last May to more than 2,100 last September.
Beyond helping immigrants, supporters said the bill will benefit the state financially. The New York City Comptroller's office estimates passing coverage for all will generate $710 million in annual benefits.
Cruz Escobar described other elements of the bill.
"We have also included in our legislation language around giving the Commissioner of Health the ability to set up guardrails to ensure that for this expansion we don't over-cede the amount of surplus that's available."
She added the commissioner would also ensure there would be no additional cost through state dollars. Estimates showed New York State plans to spend more than $4 billion between 2022 and 2026 on issues related to migrants. Current spending is estimated at around $690 million.
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Advocates for immigrants gathered at the Georgia State Capitol this week, urging lawmakers to stop legislation they see as potentially harmful.
House Bill 1105 would require local police agencies to inform immigration officials if they suspect someone undocumented has committed a crime. Maria del Rosarios Palacios, executive director of GA Familias Unidas, warned at a Capitol news conference that this type of legislation could heighten discrimination against the immigrant community.
"HB 1105, we have seen it before, legislators," she said. "We have seen these tactics before, and not only have these tactics been used to silence our community for a very long time, now you're using it to defund your own police."
Backers of the legislation have argued that it would reduce crime and protect women, following the tragic death of a Georgia nursing student. However, Palacios said the bill fails to amplify all women's voices and could hinder immigrants from seeking help from the police when they are in danger.
Nazia Khanzada, communications manager for the Council on American Islamic Relations, or CAIR Georgia, also spoke at the Capitol. She underscored the importance of protecting all people, regardless of country of origin, religion or immigration status.
Khanzada mentioned six pieces of legislation, saying some contain confusing terminology.
"Many of the bills that are written define their own definitions of immigration law, instead of referring to definitions already established under federal immigration law," she said. "So it leaves it unclear what immigration status is or is not captured by a bill."
House Bill 1105 has passed in the House and awaits a vote in the Senate. Other measures raising concern include Senate Bill 132, which would prohibit some types of land ownership by what's referred to as "certain nonresident aliens," and Senate Bill 420, which aims to restrict farm property ownership.
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The Republican-controlled Arizona Legislature has passed a number of bills that some immigration advocates are calling "SB 1070 2.0." Senate Bill 1231, otherwise known as the Arizona Invasion Act, would give law enforcement the authority to arrest migrants who are crossing the border and don't have the appropriate documentation.
Republican lawmakers argue the law would help control migrant numbers in the Grand Canyon State. The Tucson sector had the most migrant encounters of any sector along the U.S.-Mexico border, with more than 250,000 in the first four months of fiscal year 2024, according to U.S. Customs and Border Protection data.
Rep. Analise Ortiz, D-Glendale, warned the bill would lead to racial profiling.
"It is not the state's place to enforce federal immigration law, and when we do that we subject entire communities to terror, to racial profiling and to harassment," she contended.
While the measure may face opposition from Democratic Gov. Katie Hobbs, she may not be able to intercept other Republican-backed immigration proposals. If approved, voters in November could enact House Concurrent Resolution 2060, that would expand verification regulations for businesses to check the status of independent subcontractors and make it harder for migrants to access public benefits.
Rep. Lorena Austin, D-Mesa, said SB 1231 has "unintended and intended" consequences. She added Arizona is still trying to cope with the impacts of SB 1070, a controversial 2010 immigration law that some contend led to widespread racial profiling in Arizona.
"We saw that over 10 years ago, when thousands of people were being illegally stopped and targeted, and that shame is still something that clouds this state, " Austin said.
Arizona Republicans argue that the federal government has failed to secure the southern border, leading to an uncontrollable flow of migrants who have not followed proper protocol to immigrate, which is causing issues for those who are trying to do so legally.
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