immigration, News

BREAKING NEWS: Governor Cooper vetoes controversial HB370 ICE detainer bill

Gov. Roy Cooper wasted little time in vetoing House Bill 370, “An Act to Require Compliance with Immigration Detainers and Administrative Warrants.”

The House gave the measure final approval Tuesday on a 62-53 vote, with proponents saying the bill was necessary to aid law enforcement in protecting public safety.

But more than 100 national and state organizations joined together to call the bill dangerous, noting that it would tear apart families and strip local law enforcement of their ability to make decisions in the best interest of the public.

Governor Cooper released the following statement in issuing Wednesday’s veto:

“This legislation is simply about scoring partisan political points and using fear to divide North Carolina. As the former top law enforcement officer of our state, I know that current law allows the state to jail and prosecute dangerous criminals regardless of immigration status.

This bill, in addition to being unconstitutional, weakens law enforcement in North Carolina by mandating sheriffs to do the job of federal agents, using local resources that could hurt their ability to protect their counties. Finally, to elevate their partisan political pandering, the legislature has made a sheriff’s violation of this new immigration duty as the only specifically named duty violation that can result in a sheriff’s removal from office.”

immigration, News

Legislature sends immigration bill to Cooper; scores of nonprofits and businesses call for veto

The state House of Representatives gave final approval this afternoon to legislation that would force local sheriffs to hold individuals that they would otherwise release, based on “detainer” requests from federal immigration officials. The House vote was 62-53.

Proponents say the bill is necessary to aid law enforcement in protecting public safety, but opponents have argued forcefully that it will have the opposite effect. After the bill passed the ACLU of North Carolina released a statement calling on Gov. Cooper to veto the measure accompanied by endorsements from scores of national and state-level nonprofits and state-based businesses.

RALEIGH – More than 70 national organizations, 40 North Carolina groups, and 80 North Carolina businesses are urging Governor Roy Cooper to veto a bill that would force all North Carolina county sheriffs to assist Immigration and Customs Enforcement (ICE) in detaining and deporting community members or face removal from office.

In separate letters, the organizations say the bill would harm North Carolinians by spreading fear within immigrant communities, further accelerating the federal government’s deportation machine, and subverting the will of the voters.

House Bill 370, which has been approved by both chambers of the General Assembly, would require county jails to comply with a request from federal immigration officers to hold someone in jail, even if they are eligible for release under North Carolina law. So-called “ICE detainer requests” often lack probable cause and can lead to the prolonged detention of people without a court order, in violation of the Fourth Amendment to the Constitution.

“By vetoing this brazen attack on North Carolina’s sheriffs and voters who have made it clear they do not want ICE terrorizing their communities, Governor Cooper can send an important message that he supports both local law enforcement and the rights of all communities,” said Susanna Birdsong, Senior Policy Counsel for the ACLU of North Carolina, one of the groups urging Cooper to veto. “This dangerous bill strips local law enforcement of their ability to make decisions in the best interest of public safety, forcing every county in North Carolina to divert resources to do the bidding of President Trump’s deportation force whether they want to or not. Governor Cooper should put a stop to this extreme agenda, stand up for local law enforcement, and veto this bill without delay.”

In a separate letter to Cooper, the ACLU of North Carolina explained the constitutional concerns with requiring sheriffs to unconditionally comply with all detainer requests received from ICE, whose history presents a troubling pattern of illegal arrests.

Last year, voters in North Carolina’s two largest counties – Mecklenburg and Wake – elected sheriffs who campaigned on promises, now fulfilled, to end their involvement in the federal 287(g) program, a partnership with federal immigration officers that has led to the deportation of thousands from North Carolina. Newly elected sheriffs in Buncombe, Forsyth, Guilford, and Durham counties have also announced that they will no longer hold people in jail on ICE detainer requests.

“If Governor Cooper allows this anti-immigrant bill to become law, it will spread more fear across our communities, tear apart families, and force local governments to divert resources to fuel the Trump administration’s deportation pipeline,” said Martha Hernandez, community organizer with Comite de Accion Popular. “It’s important that our state’s highest elected official take a stand for the rights of North Carolina communities and against this extreme anti-immigrant political agenda.”

The full list of groups signing each letter is: Read more

Commentary, immigration, Trump Administration

Trump administration’s dark immigration policy objectives are having their desired effect

In case you missed it this past weekend, The New York Times Magazine published an in-depth look at the current Department of Homeland Security, which, under Trump, has transformed from an agency with a wide range of missions into one that focuses solely on border control and enforcement.

Reportedly, at a Cabinet meeting in early 2018, then-Attorney General Jeff Sessions told Trump that to solve the immigration crisis, then-Homeland Security Secretary Kirstjen Nielsen just needed to “stop letting people into the country.” Trump has seized on this idea and refuses to move away from it, despite Nielsen attempting to explain that the United States could not legally turn away someone requesting asylum at the border.

From his Muslim ban in his first week of office to the extreme “zero-tolerance” policy that led to family separation and abysmal conditions at detention centers at the border, Trump has exhibited a laser focus on toughening up immigration policy in the U.S. As the article reports:

“Supporting Trump in all this are a group of immigration restrictionists — officials and advisers who have single-mindedly pursued a policy of not just cracking down on illegal border-crossing, in the manner of conventional immigration hawks, but also limiting all immigration to the best of their ability. Chief among them is Trump’s senior policy adviser, Stephen Miller.”

Miller has encouraged Trump’s most extreme tendencies, and the article outlines how his ideas most often won out in the White House. “Increased internal enforcement,” or the policy of directing Immigration and Customs Enforcement to arrest and deport all undocumented immigrants living anywhere in the United States, was Miller’s idea.

The article ends on a grim note: As moderates are getting frustrated and leaving DHS, the ideas of the most extreme immigration restrictionists, like Miller, are rising to the top. DHS is now almost fully staffed by extremists.

Earlier this month, Raul Pinto an attorney in the Immigrant and Refugee Rights Project of the North Carolina Justice Center (parent organization to NC Policy Watch) authored an op-ed in which he encouraged North Carolinians not to see the workings of the federal Department of Homeland Security as separate from the conditions within North Carolina, where the legislature is attempting to pass anti-immigrant bills such as House Bills 370 and 135. As Pinto pointed out:

“This administration’s chosen tool to address immigration is fear, whether at the border or in our communities. Read more

Defending Democracy, immigration

More calls to close migrant detention centers; UN Human Rights Chief ‘appalled’ by conditions

The United Nations High Commissioner for Human Rights issued a statement on Monday calling the conditions of detention centers on the southern U.S. border degrading and appalling. Michelle Bachelet stressed that children should never be held in immigration detention or separated from their families. Here’s more from the UN Human Rights’ statement:

“Detaining a child even for short periods under good conditions can have a serious impact on their health and development – consider the damage being done every day by allowing this alarming situation to continue.” The High Commissioner noted that immigration detention is never in the best interests of a child.

“States do have the sovereign prerogative to decide on the conditions of entry and stay of foreign nationals. But clearly, border management measures must comply with the State’s human rights obligations and should not be based on narrow policies aimed only at detecting, detaining and expeditiously deporting irregular migrants,” she added.

“In most of these cases, the migrants and refugees have embarked on perilous journeys with their children in search of protection and dignity and away from violence and hunger. When they finally believe they have arrived in safety, they may find themselves separated from their loved ones and locked in undignified conditions. This should never happen anywhere.”

Last week more than 300 people gathered outside the office of U.S. Senator Thom Tillis in Raleigh to demand he take a stand against the Trump administration’s detention policy.

Click below to listen to our interview with El Pueblo Political Director Moisés Serrano on the need to close these facilities, and what North Carolinians can do to make a difference:

This Friday (July 12th) fifteen vigils are planned across North Carolina at part of worldwide protests of the detention camps at the southern border.

Learn more about Lights for Liberty: A Vigil to End Human Concentration Camps here.

Local events include:

  • In Durham @ 7:00pm at CCB Plaza, 201 N Corcoran St, Durham
  • In Raleigh @ 7:00pm at Bicentennial Plaza, 1 E. Edenton Street, Raleigh
  • In Greensboro @ 6:30pm at Governmental Plaza 110 S Greene St, Greensboro
Commentary, immigration, News

Senate committees vote to move ICE bill forward despite serious concerns from lawmakers, residents

The Senate Rules committee voted Thursday to move House Bill 370 forward.

The controversial bill would require sheriffs to comply with detainer requests made by the federal Department of Homeland Security, as well as notify Immigration and Customs Enforcement (ICE) if any person arrested for any criminal charge is not a citizen.

The bill targets 7 newly-elected Democratic sheriffs

Senator Chuck Edwards (R-Buncombe) has touted the bill as necessary for “national security and public safety” and as a common sense measure that the majority of sheriffs are already implementing, but Sheriff Garry McFadden of Mecklenburg County pushed back against that idea at a press conference Wednesday held by Sen. Wiley Nickel (D-Wake) before the committee meeting.

“HB 370 is not about community safety,” said McFadden. “It’s about stopping sheriffs.” Read more