Bill Ong Hing - Immigration Law and Social Justice

Editorial Advisors

Rachel E. Barkow

Segal Family Professor of Regulatory Law and Policy

Faculty Director, Center on the Administration of Criminal Law

New York University School of Law

Erwin Chemerinsky

Dean and Professor of Law

University of California, Berkeley School of Law

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Peter and Kirsten Bedford Senior Fellow

The Hoover Institution

Senior Lecturer in Law

The University of Chicago

Ronald J. Gilson

Charles J. Meyers Professor of Law and Business

Stanford University

Marc and Eva Stern Professor of Law and Business

Columbia Law School

James E. Krier

Earl Warren DeLano Professor of Law

The University of Michigan Law School

Tracey L. Meares

Walton Hale Hamilton Professor of Law

Director, The Justice Collaboratory

Yale Law School

Richard K. Neumann, Jr.

Professor of Law

Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff

John L. Gray Professor of Law

Harvard Law School

David Alan Sklansky

Stanley Morrison Professor of Law

Stanford Law School

Faculty Co-Director Stanford

Criminal Justice Center

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eISBN 978-1-4548-9262-5

Library of Congress Cataloging-in-Publication Data

Names: Hing, Bill Ong, author. | Chacn, M., Jennifer, 1972- author. | Johnson, Kevin R., author.

Title: Immigration law and social justice / Bill Ong Hing (Professor of Law and Migration Studies, Director of the Immigration and Deportation Defense Clinic, University of San Francisco, School of Law), Jennifer M. Chacn (Professor of Law, University of California, Irvine School of Law), Kevin R. Johnson (Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies, University of California, Davis, School of Law).

Description: Fifth Edition. | New York : Wolters Kluwer, [2018] | Series: Aspen casebook series

Identifiers: LCCN 2017026652 | ISBN 9781454892625

Subjects: LCSH: Emigration and immigration lawSocial aspectsUnited States. | United StatesEmigration and immigrationGovernment policy. | Immigration enforcementUnited States. | AliensUnited States. | DeportationUnited States. | Social justiceUnited States. | LCGFT: Casebooks

Classification: LCC KF4819.H56 2018 | DDC 342.7308/2dc23

LC record available at https://lccn.loc.gov/2017026652

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For my wife, Lenora, and granddaughter, Madeline, with love.

BOH

With love, to Mary Ann Cancellare Chacn and Felipe Guillermo Chacn.

Thank you for everything.

JMC

To my mother, Angela Gallardo, who traveled many borders.

KRJ

We are living in a time that requires new immigration social justice lawyers. Mainstream media and immigrant rights advocates branded Barack Obama The Deporter-in-Chief for his administrations record-setting removal numbers. However, the election of Donald Trump has opened the door not only to greater immigration enforcement, but to a level of fear in immigrant communities that rivals or surpasses that of other eras. During the presidential campaign, candidate Trump promised a deportation force to round up the more than 11 million immigrants living in the country illegally. Logistically and resource-wise, the deportation of 11 million immigrants is hard to imagine. Even Republican leaders in Congress made clear that the prospect of massive deportations is not high. Yet, an objective basis for greater fear among immigrants is undeniable. Individuals previously not likely to be deported under the Obama administrationthose deemed low prioritynow are being removed. These removals are the results of enforcement decisions made under the new interior enforcement framework that has been installed, not necessarily random acts by rogue ICE agents.

The Obama administration created a list of detailed enforcement priorities with strict hierarchy, and removable immigrants who did not fall within the narrow priorities had a chance of being protected from any enforcement. Most undocumented immigrants were not considered enforcement priorities under Obama enforcement memos. Under a 2011 Obama enforcement memo, about 27 percent of the undocumented population were priorities for enforcement, while only 13 percent were prioritized under a 2014 memo. The effect of the prioritization on the demographics of those deported was clear: Strict adherence to the priorities by ICE agents and the use of prosecutorial discretion significantly reduced overall interior removals, from 224,000 in 2011 to 65,000 in 2016.

President Trumps early interior enforcement orders and the subsequent memo by his DHS Secretary Kelly rescinded all previous policy related to the priorities for removal (except for DACA [Deferred Action for Childhood Arrivals] and the DAPA [Deferred Action for Parents of American citizens] orders). DAPA has been rescinded, and as we go to press, the continuation of DACA is seriously threatened. The new priorities targeted a much broader set of unauthorized persons for removal and empowered individual enforcement officers with broad discretionary authority to apprehend and detain any immigrant believed to be in violation of immigration law and start removal proceedings for any immigrant who is subject to removal under any provision of the Immigration and Nationality Act (INA)this essentially includes any and all unauthorized immigrants in the country.