The US Citizenship and Immigration Services (USCIS) achieved a new milestone a few days ago when it released a newly-created training module, “Guidance for Adjudicating Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Refugee and Asylum Claims.”
When the Obama administration announced that it would encourage the use of prosecutorial discretion to determine which undocumented immigrants should be targeted for deportation, immigrants and advocates were cautiously optimistic. Now, as the first batch of cases to be considered for prosecutorial discretion are making their way through the system, both the benefits of the policy and the challenges to implementing it are coming into focus.
Immigrants, especially those with mental disabilities, face nearly insurmountable odds in trying to prevent their deportation and gain legal status in the US. US immigration law is a complicated jumble of statutes enacted over the past 60 years that is in desperate need of wholesale reform. The good news is for detained immigrants with serious mental disabilities in California, Arizona, and Washington, help may be on the way.
To anyone who has worked in the immigration detention system, last week’s news that the Department of Justice (DOJ) has uncovered evidence of systematic profiling and discrimination against Latinos in Maricopa County, Arizona comes as no surprise. While Maricopa County Sheriff Joe Arpaio has gained a reputation for aggressively targeting Maricopa County’s undocumented immigrant communities for arrest, the DOJ’s findings – including pervasive discrimination against non-English speaking inmates, raids in Latino communities based on complaints about people with dark skin speaking Spanish, and failure to investigate sex crimes committed against Latinos, including Latino children – are stunning.
Ripped Apart by the Immigration System: Immigrant Parents of US-Citizen Children Should be Afforded Prosecutorial Discretion
Reports and criticisms of the immigration system tend to focus on the hardships felt by the detainees themselves, incarcerated and facing possible deportation. Far less attention, however, has been paid to their children. A recent study conducted by the Applied Research Center shows that 25% of individuals deported in 2011 left behind a US-citizen child. Because Child Protective Services (CPS) cannot legally place these children with undocumented family members such as aunts, uncles, or grandparents, the children end up falling into the general ranks of an expensive and already overcrowded foster care system.