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The State of Immigration

Immigration Under Attack

The Trump administration continued its assault on immigration in 2018, eviscerating protections for immigrants, limiting access to due process, and even exploring ways to revoke “birthright citizenship”—the principle that those born on U.S. soil are U.S. citizens.[]Trump v. Hawaii, 585 U.S. __ (2018); and Nick Wadhams, “U.S. Cuts Refugee Cap Again, by 33%, to Historic Low of 30,000,” Bloomberg, September 17, 2018. For the revocation of birthright citizenship, see Dara Lind, “Birthright Citizenship, Explained,” Vox, October 30, 2018.

The number of immigrants held in detention soared, and the conditions for those held remained dismal, with one inspection report stating that Immigration and Customs Enforcement’s (ICE’s) management strategy “shows a disregard for detainee health and safety.”[]U.S. Department of Homeland Security (DHS), Office of Inspector General (OIG), Management Alert – Issues Requiring Action at the Adelanto ICE Processing Center in Adelanto, California (Washington, DC: DHS OIG, 2018), 4. But the biggest story of the year was family separation, as thousands of children were funneled into the immigration civil detention system—while their parents were held in adult facilities—under the administration’s “zero tolerance” policy.[]Dara Lind, “New Statistics: The Government Is Separating 65 Children a Day from Parents at the Border,” Vox, June 19, 2018; and U.S. Department of Health and Human Services (HHS), OIG, Separated Children Placed in Office of Refugee Resettlement Care (Washington, DC: HHS, 2019). The government was ill-prepared to care for so many children—or even to track which children belonged with whom—which posed significant risks to the children’s welfare.[]DHS OIG, Special Review - Initial Observations Regarding Family Separation Issues Under the Zero Tolerance Policy (Washington, DC: DHS OIG, 2018); and Letter from Drs. Scott Allen and Pamela McPherson to Chairs of the Senate Whistleblowing Caucus re: Harm to Children from Family Detention, July 17, 2018. Immigration news dominated the headlines throughout 2018 and, by year’s end, President Trump’s demands that Congress fund a border wall had led to a partial federal government shutdown.[]Steve Contorno, “Donald Trump Has Shut Down the Government over Immigration. Meanwhile, E-Verify Is Down,” Tampa Bay Times, January 4, 2019.

Disputes over immigration also drove increasing tensions between the executive and judicial branches—and between the federal government and local governments.[]See for example Brian Naylor, “Chief Justice Roberts Issues Rare Rebuke to Trump; Trump Fires Back,” NPR, November 21, 2018; and Dara Lind, “Sanctuary Cities, Explained,” Vox, March 8, 2018. With ICE seemingly everywhere, some states and municipalities enacted legislation or passed resolutions designed to provide local support to immigrants or pushed back against enforcement in other ways.[]Tium Henderson, “Cities, States Resist—and Assist—Immigration Crackdown in New Ways,” Pew Charitable Trusts, August 3, 2018. But other jurisdictions acted to prohibit sanctuary policies, deny access to services, and support federal efforts to build a wall and increase military presence at the southern border.[]Henderson, “Cities, States Resist,” 2018. For examples of anti-sanctuary legislation, see Iowa Senate File 481 (2018); and Tennessee HB 2315 (2018).

Top Things to Know

  1. The Trump administration continues its all-out assault on immigration.
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  2. Jeff Sessions exercises little-used power to assign immigration cases to himself—and overturns precedent.
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  3. ICE ramps up enforcement—including in “sensitive locations.”
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  4. Immigrant families are forcibly separated at the border.
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  5. Nearly 14,000 children held in custody, thousands in makeshift cages and tent cities.
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  1. In key cases, federal courts check the administration’s excesses.
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  2. Cities and states push back against federal immigration policies and ICE enforcement.
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  3. Stories from detention: solitary confinement, unsanitary conditions, and “deliberate indifference” to health needs.
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Facts and Figures

On Our Radar

  • “Migrant caravan” makes headlines, leads to increased militarization of border.
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  • Department of Homeland Security targets legal immigrants, U.S. residents.
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  • Activists combine political and direct action to limit ICE’s capacity to detain.
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  • Jurisdictions around the country are working to ensure immigrants have legal representation in deportation proceedings.
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  • A bipartisan effort saves a program informing immigrants of their legal rights.
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Discussion

Best of 2018

Contributors

Vera Staff