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Marquette Review Volume 100 Article 8 Issue 2 Winter 2016

A Study on Immigrant Activism, Secure , and Rawlsian Karen J. Pita Loor Boston University School of Law

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Repository Citation Karen J. Pita Loor, A Study on Immigrant Activism, , and Rawlsian Civil Disobedience, 100 Marq. L. Rev. 565 (2016). Available at: http://scholarship.law.marquette.edu/mulr/vol100/iss2/8

This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized editor of Marquette Law Scholarly Commons. For more , please contact [email protected]. 38800-mqt_100-2 Sheet No. 140 Side A 02/22/2017 09:25:38  OOR L ITA BSTRACT J. P A AREN K ) 2/16/17) 12:32 PM CIVIL DISOBEDIENCE DISOBEDIENCE CIVIL ELETE D OT N O (D A STUDY ON IMMIGRANT ACTIVISM, ACTIVISM, ON IMMIGRANT A STUDY DOCX This Article explores the immigrantThis Article explores during the Obama acts of -P. M K SECURE COMMUNITIES, AND RAWLSIAN AND RAWLSIAN COMMUNITIES, SECURE C Y OOR Karen J. Pita Loor, Associate Clinical Professor of Law, Boston University School of Law.J.D. Karen J. Pita Loor, Associate Clinical Professor of Law, Boston University School of Mann, Sarah Sherman-Stokes, and Karla Loor Kitchel for thoughtful comments and insights as I Mann, Sarah Sherman-Stokes, and Karla Loor Kitchel for thoughtful comments and insights of worked on this project. Early versions of this article greatly benefitted from the feedback and the NYU School of Law Clinical Law Review participants at the AALS Clinical Conference (2015) Writer’s Workshop for (2015). Thank you also to Caddie Nath, Matthew Kipnis, and Dana Dobbins helpful research assistance. Washington College of Law. I am infinitely grateful to David Lyons for his invaluable guidance on Laila Hlass, Naomi McClain, this topic. I also want to thank Aya Gruber, David Rossman, Linda  L presidency in opposition to the Secure Communitiespresidency in opposition (SCOMM) immigration John Rawls’ theory through the lens of philosopher enforcement program of to that contributed and posits that this immigrant resistance civil disobedience by progressively moving dismantling the federal program administration’s with SCOMM. whole states, to cease cooperation localities, and eventually The controversial SCOMM program is one of the most powerful tools of immigration enforcement millennium in the new because it transforms any enforcement into a potential immigration contact with state and local law investigation. SCOMM has now been revived through by the new Trump administration. Under SCOMM,arrestee’s identifying an to Immigration and Customs information is automatically forwarded Enforcement (ICE), the largest investigative arm of the Department of Obama’s tenure, when ICE chose to pursue Homeland Security (DHS). During immigration agents issued an an investigation into removability, detainer the individual beyond when she hold requiring that state/local authorities her thereby providing ICE time to take would have regularly been released, proceedings. John Rawls’ theory into custody and proceed with removal of justice justifies engagement by society members, in civil disobedience which when basic liberties are at stake and this Article argues includes immigrants, Reviewing the critiques unavailable. are ordinary avenues of political change of SCOMM, legal challenges to its constitutionality and claims including that andthe program threatened public safety all immigrants, unfairly criminalized 38800-mqt_100-2 Sheet No. 140 Side A 02/22/2017 09:25:38 02/22/2017 A No. 140 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 140 Side B 02/22/2017 09:25:38 M K C Y [100:565 624 615 599 587 608 573 587 ...... 580 ...... 573 ...... OMM ...... 605 psychological physical attack as a right to EMISE ...... 585 psychological and rrect injustice through political ...... 592 ...... 592 ...... 595 ...... articulated violations of basic ADIGM sistance to SC just civil disobedience. just civil ...... 567 ...... MARQUETTE LAW REVIEW MARQUETTE physical attack or dismemberment...... 592 ...... physical attack or dismemberment. Right to be free from Right to be free from public safety oppression ...... ) 2/16/17) 12:32 PM right to be free from from i. ii. Basic liberty to be free from arbitrary arrest...... Basic free from liberty to be arbitrary arrest. ITS SPREAD, AND ITS D alifornia: ...... alifornia: ELETE D Previous attempts to co b. to integrity of the person: violations of Basic liberty liberties ...... liberties ...... a. process ...... process ...... Critics of SCOMM M RESISTANCE AND RAWLS’ CIVIL OT N society.” ...... society.” ...... 576 2. impasse immigration on the issue of reform suggest that civil according to Rawls’ disobedience was a justified response ...... 585 1. 2. C 1. O OMM, (D . The conditions of . ONCLUSION ...... ONCLUSION B. Case Re Studies of B. The question of immigrantsB. The question of as members a "closed of A. A review of the critiques of SCOMM and the legislative RAWLS’ THEORY OF...... CIVIL DISOBEDIENCE A DISOBEDIENCE PAR DOCX -P. .C I OOR III. SC V IV. SCOM II. 566 SCOMM that submits this Article as characterize Rawls would what represents that and gridlock given the stagnation Further, of basic liberties. a violation typifies government to immigration approaches reform, political regular remedy SCOMMavenues to primarily two states Using have been foreclosed. and civil acts of resistance describes immigrant this Article as case studies, explores how these acts mobilizeddisobedience and local and state officials to with SCOMMcease cooperation and contributed to the Obama administration’s dismantling the program. Immigrant activists and their allies these strategies as must now integrate confront a heightened struggle. they I. INTRODUCTION L 38800-mqt_100-2 Sheet No. 140 Side B 02/22/2017 09:25:38 02/22/2017 B No. 140 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 141 Side A 02/22/2017 09:25:38 567 Alan See (May 14, Beyond note 107 and 6 The group The group 1 EAGUE Immigration OLITICS AND THE 3 L P , (July 30, 2012), (Dec. 5, 2013), The Seven Sitting Down to ATINO USTICE see also infra J L ORBES F , CNN (Oct. 19, 2011), 7 (May 29, 2013), EAGUE OUTH L Y EAGUE 238 (2015); L ONE EXICANO AND D ,M USTICE J MMIGRANT I Prior at this detention center Prior protests at Twelve people were arrested, five of Twelve people were 5 4 (Apr. 8, 2014), http://progressillinois.com/quick- USTICE J AVARRO EEDS TO BE N OUTH N LLINOIS I Y HAT OUTH Y I. INTRODUCTION INTRODUCTION I. :W RMANDO . 1259, 1261 n.8 (2015) (collecting cases); ROGRESS D(e)volving Discretion: Lessons from the Life and Times of Secure P EV President Obama: Deporter-In-Chief, A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY MMIGRANT ) 2/16/17) 12:32 PM I Immigrant Rights Activists Arrested While Protesting At Immigrant Rights Activists Arrested While See also A note 1. ELETE .U.L.R MMIGRANT D ETERMINATION M I OT supra -D N 64 A O Six of the activists attached themselves Six of the activists to the bus’s tires, only ELF 2 Obama’s Record: Inside the Numbers (D S Juliet P. Stumpf, BREAKING: 12 Chicagoans Form Human Chain Calling on President to Suspend BREAKING: 12 Chicagoans Form Human . ow a Middle-Aged Professor Came to Participate in a Civil Disobedience Action to Stop a ow a Middle-Aged Professor Came to Participate Alex Nowrasteh, DOCX .Id .H . .See 4 6. 3 2 1. Ellyn Fortino, 5. Fortino, 7 In Novemberan immigration gathered outside of 2013, a crowd detention -P. M K UEST FOR C Y OOR encouraged twelve who, activists while other with bound to each chains and PVC attempted pipes, bus from to stop a deportation with leaving the facility detainees. Broadview Detention Center, http://www.iyjl.org/professorengagesincivildisobedience/ [https://perma.cc/5XW2-84GL].http://www.iyjl.org/professorengagesincivildisobedience/ Illinois and throughout the nation, immigrants (documented and nation, Illinois and throughout the undocumented) rallied against mass and their allies deportation through civil disobedience. organized protests and other acts of had also involved chains, pipes, and arrests. Undocumentedhad also involved immigrant activists protesting the throughout Illinois and other locations targeted this facility in deportations by the Obama significant increase administration—an increase the ignoble title of “Deporterthat gained the President in Chief.” 2013), http://www.iyjl.org/the-seven-sitting-down-to-stop-deportations-at-broadview-detention- center/ [https://perma.cc/U628-W5KG]. by Although the Secure Communities program was initiated the Bush administration in 2008, the program reached its peak during Obama’s tenure. Silverleib, http://www.cnn.com/2011/10/19/politics/deportation-record/ [https://perma.cc/S4A2-LW4T]. http://www.forbes.com/sites/alexnowrasteh/2012/07/30/president-obama-deporter-in- chief/#6ea7a4fa48cf. http://www.iyjl.org/nodeportations/ [https://perma.cc/E2A7-XM29]. Deportation Bus, freeing themselves being run over as the bus drove away. to avoid Q 2016] L hits/content/2014/04/08/immigrant-rights-activists-arrested-while-protesting-deportations-broa hits/content/2014/04/08/immigrant-rights-activists-arrested-while-protesting-deportations-broa [https://perma.cc/XQ2Z-N8CN]. officers forcibly dispersed the activists. officers forcibly dispersed Deportations, accompanying text. In Part 4, this Article will review claims of Fourth, Fifth, and Fourteenth accompanying text. In Part 4, this Article will review claims of Fourth, Fifth, and Fourteenth Amendment violations because these are relevant to its subject-matter. Nevertheless, it is worth Communities, Stop Deportations at Broadview Detention Center, Stop Deportations at Broadview Detention Center, whom were undocumented immigrants. center in Illinois chanting “Not one more:Illinois chanting “Not center in no more deportations.” 38800-mqt_100-2 Sheet No. 141 Side A 02/22/2017 09:25:38 02/22/2017 A No. 141 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 141 Side B 02/22/2017 09:25:38 , 12 M K See C Y INDINGS AND .F Initially, the 9 OMTYS C a.cc/63NT-YTTV]. ECURE [100:565 [100:565 S note 7, at 1260. 11 ORCE ON supra F Immigrants continued protesting. Immigrants continued protesting. 10 ASK ,T Stumpf, See ., (Nov. 2014), http://cliniclegal.org/sites/default/files/anti- OUNCIL C NC ,I MARQUETTE LAW REVIEW MARQUETTE DVISORY ETWORK .A ) 2/16/17) 12:32 PM 5 (2011), http://www.dhs.gov/xlibrary/assets/hsac-task-force-on-secure- EC .N S ELETE D As immigrant activists raged against the program, certain states OT 8 MMIGR N I O (D . at 1261. OMELAND . at 1261–62. EGAL . See generally States ICE Detainer Requests and Localities That Limit Compliance with DOCX .Id . Id .L 12. President , Remarks Regarding Immigration (Nov. 20, 2014), 8 11 9 10. H notes 115–17 and accompanying text. -P. ECOMMENDATIONS ATH OOR https://www.whitehouse.gov/the-press-office/2014/11/20/remarks-president-address-nation- immigration [https://perma.cc/U7W2-NSCD]. detainer_policies_11_21_14.pdf [https://perma.cc/69QD-SRVV]. R Lamenting that Congress had been unable to pass comprehensiveLamenting immigration that Congress had been unable government mandating state participation in federal mentioning that litigators also alleged that the Amendment Anti-Commandeering Tenth SCOMM would amount to a violation of the Clause. infra 568 administrative The to this overwhelming vehicle that led number of wasdeportations the Secure Communities Program (SCOMM). SCOMM was mostone of the of immigration powerful tools enforcement new in the millennium because it transformed any contact with and local law state enforcementpotential immigration into a to that could lead investigation deportation.detention and eventual Under SCOMM, an arrestee’s identifying information was automatically forwarded to Immigration and Customs Enforcement (ICE), arm the largest investigative of the Departmentof Homeland Security (DHS). When into ICE chose to pursue an investigation removability, agents issued an immigration state/local detainer requiring that have individual beyond when she would authorities hold the regularly been ICE timereleased, thereby providing custody and proceed with to take her into removal proceedings. immigrants painted all threatened public safety, and violated the Constitution, the program Critics opposed on many that SCOMM fronts. They argued as criminals.Immigrants and their allies mobilized the program against across jurisdictions. L and localities began progressively opposing the programand localities began progressively and attempting to cease their collaboration with federal immigration authorities. In turn, state and local officials were emboldenedIn turn, state and local officials were to defy DHS's dictates by refusing to comply with immigration detainers. communities-findings-and-recommendations-report.pdf [https://perm C Department of Homeland Security (DHS) responded that state and local Department state and local of Homeland responded that Security (DHS) participation in SCOMM was mandatory. of resistance and activism After about four years against SCOMM, the Obama administrationprogram. On November dismantled the 20, 2014, President Obama on primetime appeared talk about immigration.to television 38800-mqt_100-2 Sheet No. 141 Side B 02/22/2017 09:25:38 02/22/2017 B No. 141 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 142 Side A 02/22/2017 09:25:38 , , , . Id 569 Read Days, Stumpf, See available at PEP vs. Secure reh’g denied, 137 U.S. Immgr. and See also ]. , https://www.ice.gov/daca (July 28, 2015), 1080020, at *6–7 (E.D. Pa. Mar. 30, State of Texas, et. al. v. Dara Lind & Matthew Iglesias, See EMORANDUM M a.cc/CK7X-V9YS]. 17 RIMMIGRATION Despite the charged nature of the the charged Despite OHNSON 14 César Cuauhtémoc Garcia Hernández, , C as well as others likely to be perceived as likely to be perceived as as well as others (July 7, 2015), http://crimmigration.com/2015/07/07/pep-vs-secure- Here Is What Wants to Do on His First Hundred 16 the Fifth Circuit enjoined DAPA and the second version of DACA from the Fifth Circuit enjoined DAPA and the second , MPriority Enforcement Program (PEP). was being replaced with the A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM , Obama’s Immigration Plan Includes End to “Secure Communities” ELETE D A DHS memorandum A DHS that the same day stated the that released OT emorandum from Sec’y of Homeland Sec. to U.S. Citizenship and emorandum from Sec’y of Homeland Sec. RIMMIGRATION Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Deferred Action for Childhood Arrivals (DACA) N 13 C O M Galarza v. Szalczyk, No. 10-CV-06815, 2012 WL Still, the termination of SCOMMaffected an estimated million six (D emorandum from the Dep’t of Homeland Sec. Regarding Secure Cmtys. (Nov. 20, 2014), of Homeland Sec. Regarding Secure Cmtys. emorandum from the Dep’t . (Nov. 21, 2014), http://www.pbs.org/wgbh/frontline/article/obamas-immigration-plan- 15 .See .See .Id DOCX Will PEP Lead to Less Detention than Secure note 7, at 1262; Patricia M. Corrales, Will PEP Lead to Less Detention than Secure 16. Sarah Childress 15 17 13 14. M (Jan. 25, 2017, 5:43 PM), http://www.vox.com/policy-and-politics/2017/1/25/14390106/leaked- -P. M K inkowski, and U.S. Customs and Border Prot. Comm’r R. Gil Kerlikowske (Nov. 20, 2014), and U.S. Customs and Border Prot. Comm’r R. inkowski, OX RONTLINE C Y OOR Communities, undocumented people, likely [https://perma.cc/JA5E-V2QA]; drafts-trump-immigrants-executive-order [https://perm [https://perma.cc/P4G5-5NNY] (last visited Feb. 7, 2017). In [https://perma.cc/P4G5-5NNY] (last visited Feb. Customs Enf’t, Residents (DAPA) Americans and Lawful Permanent 787 F.3d 733 (5th Cir. 2015) going into effect. The U.S. Supreme Court granted certiorari and the Court split evenly on the issue, going into effect. The U.S. Supreme Court granted U.S. v. Texas, 136 S. Ct. 2271 (2016), thus upholding the Fifth Circuit injunction. leaked drafts of 4 White House executive orders on Muslim ban, end to DREAMer program, and more leaked drafts of 4 White House executive orders on Muslim ban, end to DREAMer program, DHS was dismantlingDHS was SCOMM. 2016] reform, immigrant to change powers executive his exercised the president life in America. L undocumented because of their ethnicity. Immigration Serv. Dir. Leon Rodriguez, U.S. Immigration and Customs Enf’t Acting Dir. S. Immigration Serv. Dir. Leon Rodriguez, U.S. W http://www.dhs.gov/sites/default/files/publications/14_1120_memo_deferred_action.pdf J [https://perma.cc/V8XT-7HAK] [hereinafter communities [https://perma.cc/UW39-A7TL]; Letter from Advancing Justice—AAJC, et al., to Sec. Sec. (June 17, 2015), Jeh Johnson, Dep’t of Homeland www.ilrc.org/files/documents/pep_letter_to_dhs.pdf [https://perma.cc/BU7W-PVQB]. This Article over SCOMM. does not seek to evaluate whether PEP is an improvement http://crimmigration.com/2015/07/28/will-pep-lead-to-less-detention-than-secure-communities-not- immigration memo issue, the limited garnered outside the attention by those immigrant . Instead, the AmericanPresident’s focused on the public announcement relief for certain undocumented of deportation youth and parents. includes-end-to-secure-communities. https://www.dhs.gov/sites/default/files/publications/14_1120_memo_secure_communities.pdf In that same memorandum, [hereinafter DHS SCOMM Memo]. [https://perma.cc/9XHQ-VGGN] DHS announced that SCOM F S. Ct. 285 (2016). While Trump promised the original DACA was allowed to go into effect, Donald actions, memorandums, and orders that he deems that he would cancel President Obama’s executive unconstitutional. Amita Kelly, NPR (Nov. 9, 2016) http://www.npr.org/2016/11/09/501451368/here-is-what-donald-trump-wants-to- do-in-his-first-100-days [https://perma.cc/65CL-FCYE]. V Some advocates have argued that the PEP is essentially SCOMM in sheep’s clothing. that the PEP is essentially SCOMM in Some advocates have argued supra Communities? Not Likely 38800-mqt_100-2 Sheet No. 142 Side A 02/22/2017 09:25:38 02/22/2017 A No. 142 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 142 Side B 02/22/2017 09:25:38 . . . : J. T M K S , 1 EV EV 5–6 The C Y RISIS IVING C HIO This This ALTER 231–388 ,L 19 RIEDMANN ASHINGTON F , 76 O ISCRETION D , 92 N.C. L. R , 92 N.C. L. R ASQUEZ RANSFORMED THE ARIE 63 (2013); Yolanda OVEMENT T Yet, its since TRUGGLES AND THE Y ’ MMIGRATION S M 18 I A. V OCAL Resisting Federal-Local OL L HE Arizona v. United States, 46 Secure Communities, Racial ,T 155–258 (2011); W OVEMENT Sylvia R. Lazos Vargas, ANUEL M . J.L. & P [100:565 [100:565 MMIGRANT ISP :I ,&M Rendition Resistance AVARRO .H OUTH OUNTERVAILING N Y 113–76 (2008); M ETAINERS AND C EX D T The Undocumented Closet Amelia Fischer, MMIGRATION See generally CTIVISM I ILLIAMS A , 19 HREAT T RMANDO J. W ISE OF A R AMILY (rev. ed. 1999). ,F HILIP NDOCUMENTED ATINO MMIGRATION See generally L U :I ,P NAUTHORIZED USTICE note 14. J 62, 62 (2013). U HE RIEF Federal Immigration Detainers After AND THE note 7. ALLARES , B ,T P supra OW THE MARQUETTE LAW REVIEW MARQUETTE 75–165 (2013); A (2014); Christopher Strunk & Helga Leitner, TEIGENGA :H supra ACE OF SSUE HEORY OF F , 745 F.3d 634 (3d Cir. 2014). HAVEZ ) 2/16/17) 12:32 PM J. S ,I MALIA OVERNANCE ERS A EBATE ,AT IGILANTISM ,G D ELETE V R. C During the writing of article, Donald J. Trump was elected UMAN that such immigrant protests were not only successful, but D 21 H . 629, 696–98 (2013); Christopher N. Lasch, 20 AWLS OT IMOTHY DREAM . L.J. 780 (2007); Rose Cuison Villazor, EO N R EV IGHTS ONCITIZENSHIP OLITICS HE O EV RMED SSOCIATION ,T R HE N L Christopher N. Lasch, A (D ,P OHN ,T ,A Constructing Crimmigration: Latino Subordination in a “Post-Racial” World Constructing Crimmigration: Latino Subordination ”: T See generally , 7 N .See .See DOCX rev’d and remanded 21 19. DHS SCOMM Memo, 20. J 18 Now, more that to understand the larger social forces than ever, it is critical Much written has been SCOMM. of the legality about -P. . L.A. L. R ARQUARDT LLEGAL ICHOLLS ATIVISM EFENDER ERRITORY OY OLITICS OF OOR MMIGRANT demise, there has been little exploration into the factors that led to the Obama led demise, that into the factors been little exploration there has administration’s What it. decision to abandon the DHS do know is that we memorandum dismantling announcing the of SCOMM attempts referenced by with the program. to cease cooperation local jurisdictions state and Vazquez, justified. subsets of society, in this case undocumentedenable marginalized immigrants, policy and recalcitrant change, despite entrenched federal to affect positive federal actors. Article that immigrant posits disobedience in protest to SCOMM acts of civil dismantlingcontributed to the of the federal program by progressively moving wholelocalities, and eventually cease cooperation with states, to the program. Rawls’ theory of civil relying on philosopher John It further argues, disobedience, President of the United States. Although it is impossiblePresident of the United States. Although to predict the extent of the aftermathpresidential election after Trump’s of the 2016 first week in On his fifth and seventh day as hairs. office, noncitizens are in the cross president, Trumpexecutive orders targeting immigrants and signed three 1, 2 (2013). Profiling & Suppression Law in Removal Proceedings I P 2012) 149, 154–56 (2013); Stumpf, Julia Harumi Mass, & Angie Junck, W L.J. 599, 647–48 (2015); Melissa Kearney, D M “I Safety Immigration Enforcement Partnership: Redefining ‘Secure Communities’ and Public T 570 L N N (2009). L (Apr. 2011). Immigrant Rights Marches (Las Marchas): Did the “Gigante” (Giant) Wake Up or Does it Still Sleep Tonight? 38800-mqt_100-2 Sheet No. 142 Side B 02/22/2017 09:25:38 02/22/2017 B No. 142 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 143 Side A 02/22/2017 09:25:38 23 30 OREIGN F , NPR (Nov. Under the 28 , CNN (Jan. 27, 2017 ATION FROM N 571 See Darweesh v. Trump – Decision and , https://www.whitehouse.gov/the-press- ROTECTING THE :P Rahm Says Chicago Will Remain Sanctuary Rahm Says Chicago Will Remain Sanctuary At 2.6 million strong, Women’s Marches Crush TATES S RDER O Donald Trump Taps Border Hawk and Retired Gen. John note 22, § 3(b)–(c). note 22, § 10(a). (Dec. 7, 2016), http://www.huffingtonpost.com/entry/john- NITED U OST P XECUTIVE supra supra Trump SCOMM. has also reinstituted , DNA Info (Jan. 25, 2017 12:14 PM), 27 A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY Big city mayors confident they’ll remain sanctuaries ) 2/16/17) 12:32 PM , https://www.aclu.org/legal-document/darweesh-v-trump-decision-and-order , https://www.aclu.org/legal-document/darweesh-v-trump-decision-and-order Here Is What Donald Trump Wants To Do In His First 100 Days To Do Here Is What Donald Trump Wants UFFINGTON H ELETE D Mayors of Boston, New York, Los Angeles, and Chicago have Los Angeles, New York, Mayors of Boston, NION and his use of that label is exceedingly broad including anyone including anyone exceedingly broad of that label is and his use OT 26 NTRY INTO THE N 24 E O The themes The from to those of entry the closure are of the orders —athelm, the SCOMM willan even stricter and more be punitive §§ 1, 9. At the time of this writing and after reports of noncitizens who are legal permanent At the time of this writing and after reports (D 22 29 . C.L U Id. Trump through on his promise has now followed to attempt to cut Id. M 25 DOCX , A 30. Heidi M. Przbyla & Fredreka Schouten, 28. Enhancing Public Safety, 25. Enhancing Public Safety, 22. Exec. Order No. 13, 767, 82 Fed. Reg. 8,793 (Jan. 25, 2017) [hereinafter Border Security]; 26. 27. Maeve Reston, 29. Elise Foley & Jessica Schulberg, 23. -P. M K ERRORIST C Y OOR Order charged with any crime or deemed committed to “have acts that constitute” a crime. residents or possess valid visas being detained and refused entry into the country at various airports, residents or possess valid visas being detained has granted an emergency stay enjoining the United States District Court Judge Ann M. Donnelly removal of these individuals by the Trump administration. T 2016] refugees. Trump promisedto deport two million immigrants whom labels he “criminals,” L 24. Amita Kelly, [https://perma.cc/6M9V-3HAV]. Amita 24. 6:31 PM), http://www.cnn.com/2017/01/26/politics/donald-trump-sanctuary-cities/index.html [https://perma.cc/AD7Z-BSD3]; Heather Cherone, Despite Trump’s Order https://www.dnainfo.com/chicago/20170125/humboldt-park/trump-sanctuary-cities-chicago-funding- immigration [https://perma.cc/4WJ3-NSMK]. Kelly To Head DHS, 9, 2016), http://www.npr.org/2016/11/09/501451368/here-is-what-donald-trump-wants-to-do-in-his- first-100-days [https://perma.cc/B4YN-NMHJ]. office/2017/01/27/executive-order-protecting-nation-foreign-terrorist-entry-united-states [hereinafter Protecting the Nation]. [https://perma.cc/9SLA-JLBZ] (Jan. 27, 2017) kelly-dhs-secretary-trump_us_584832e5e4b08c82e8891a47 [https://perma.cc/Q9UD-97TQ]. kelly-dhs-secretary-trump_us_584832e5e4b08c82e8891a47 [https://perma.cc/Q9UD-97TQ]. responded by reaffirming sanctuary policies to protect their intent to maintain immigrant communities. immigration enforcement already decried the beginning tool. Protesters have of the Trump unprecedented The day after Trump’s presidency. inauguration, numbers the nation at women’s of protesters gathered throughout marches. federal funding to cities that limitfederal funding their cooperation with immigration enforcement. new administration and with DHS Secretary John Kelly—an and with DHS Secretary John new administration immigration majority Muslim an impenetrable countries, militarized Southern border, immigrationincreased immigrationheightened detention, and enforcement. Exec. Order No. 13,678, 82 Fed. Reg. 8,799 (Jan. 25, 2017) [hereinafter Enhancing Public Safety]; Exec. Order No. 13,678, 82 Fed. Reg. 8,799 Exec. Office of the President, E hardliner 38800-mqt_100-2 Sheet No. 143 Side A 02/22/2017 09:25:38 02/22/2017 A No. 143 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 143 Side B 02/22/2017 09:25:38 M K C Y (2017), , CNN (Jan. HILOSOPHY P [100:565 [100:565 PHOTOS: Thousands Protest At Airports , NPR (Jan. 29, 2017 5:30 AM), NCYCLOPEDIA OF E James Doubek, (Jan. 21, 2017 5:04 AM), (Jan. 21, 2017 5:04 TANFORD This Article concludes that immigrants can S 32 ODAY see also MARQUETTE LAW REVIEW MARQUETTE HE As the threats to the immigrant As the threats increase so populations ) 2/16/17) 12:32 PM 31 , T Protestors mass at airports to decry Trump’s immigration policies Protestors mass at airports to decry Trump’s ELETE D OT N O , USA T (D John Rawls DOCX 31. Ralph Ellis, Below, Part II of this Article describes John Rawls’ theory of civil John this Article describes Below, Part II of -P. OOR https://plato.stanford.edu/entries/rawls/ [https://perma.cc/JEZ9-HZEB]. Expectations 572 After permanent of legal at airports the detention visa valid and residents holders from majority Muslim at Kennedy have gathered countries, activists “We with signs declaring and others Airport, Boston Logan, Denver Airport, are all immigrants.” L engage in civil disobedience to effectuate change since the alternative engage in civil disobedience to conclusion would integral to a contravene egalitarian principles that are focuses on SCOMM,Rawlsian society. Part III of this Article its spread across jurisdictions, and its demise. Part IV reviews select legal and other critiques of SCOMM and surveys failed attempts at immigration reformdemonstrate to how these two circumstances paradigm.into Rawls’ fit Focusing primarily on two immigrant state case studies, it describes of resistance and civil acts disobedience and explores how these acts mobilized state officials to local and cease cooperation with SCOMM. 28, 2017, 10:01 PM), http://www.cnn.com/2017/01/28/politics/us-immigration-protests/ http://www.usatoday.com/story/news/politics/2017/01/21/womens-march-aims-start-movement- trump-inauguration/96864158/ [https://perma.cc/3Y5K-E4DG]. does the need to reinforce local and state resistance against harsh federal resistance against local and state need to reinforce does the Articledictates. This explores how immigrantsutilized Rawls’ civil to stand withpush localities and states disobedience to them resist and immigration enforcement mandates. provides a guidepost by theory is instructive because it disobedience. Rawls’ against SCOMMwhether civil disobedience which to assess morally was to immigrant of civil disobedience applying the principles justified. Before protest, this Article the question of whether confronts as the activists’ status immigrants of Rawls’ problematizes theory since he the application is, one where individuals enter it and leave presupposes a “closed” society, that it through birth and death. Nationwide Against Trump’s Immigration Order http://www.npr.org/sections/thetwo-way/2017/01/29/512250469/photos-thousands-protest-at- airports-nationwide-against-trumps-immigration-order [https://perma.cc/F3HC-UA98]. 32. [https://perma.cc/645C-ND3H]; 38800-mqt_100-2 Sheet No. 143 Side B 02/22/2017 09:25:38 02/22/2017 B No. 143 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 144 Side A 02/22/2017 09:25:38 35 , 90 sets forth sets forth In those 39 When Rawls Rawls When 34 USTICE . J Id 573 Disobedience and Its Objects This fidelity can only be HEORY OF HEORY OF 38 A. John Simmons, note 20. While other theorists have treated the issue See 37 supra , However, civil disobedience may only be used 40 USTICE J A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM note 20, at 319, 335. . at 321 (“In justifying civil disobedience one does not appeal to principles of . at 321 (“In justifying civil disobedience one HEORY OF A. The conditions of just civil disobedience. disobedience. civil just of conditions A. The ELETE Id D supra Nevertheless, even in a nearly just society, unjust legislation and in a nearly just society, unjust legislation Nevertheless, even OT , ,AT N 36 II. II. DISOBEDIENCE THEORY OF CIVIL RAWLS’ O . 1805, 1805 (2010) (“When John Rawls reinvigorated the contemporary philosophical Understanding Rawls’ theory of civil disobedience requires Rawls’ theory of civil disobedience Understanding (D . at 4, 319, 397–98. Rawls also calls this a well-ordered society. . at 313, 319, 335. . at 313, 335. . at 305–06. . at 308. . at 320. AWLS AWLS 33 EV .Id .Id .Id .Id .Id .Id DOCX 34. R 33. R 35 36 37 38 39 40 John Rawls’ theory of civil disobedience in theory of civil John Rawls’ A T In this Rawlsian society, individuals have a foundational fidelity to the law fidelity In this Rawlsian society, individuals have a foundational -P. M K C Y OOR general morality or to religious doctrines . . . . Instead one invokes the commonly shared conception general morality or to religious doctrines . . . of justice that underlies the political order.”). of civil disobedience, the choice to rely on Rawls’ theory instead is that it has both clearly developed has of civil disobedience, the choice to rely on Rawls’ theory instead is that it morality or religious principles to justify the act of elements and specifically does not use personal civil disobedience. describes a nearly just society, he refers to one which is constructed to advance refers to one which is constructed just society, he describes a nearly its members,the well-being of members where its share the same of principles justice, and where fulfill those principles. generally institutions societal largely the terms for subsequent discussions of that subject.”) (footnote omitted). of that subject.”) (footnote omitted). largely set the terms for subsequent discussions B.U. L. R Further, according to Rawls, a just society necessarily requires democratic to Rawls,Further, according just a governance. government action may still occur. 2016] L a frameworkwhen for assessing like the immigrant acts of resistance, protests against SCOMM, are morally justified—that is, necessary to further a just society. circumstances, individuals may within engage in civil disobedience justifiably certain limitations. is morally Such disobedience and appropriate if its sound goal is to effectuate change in government and policies that will maintain the just constitutional regime. because they recognize that their general conception of justice is shared by all because they recognize that their general a fair manner.and that the laws were enacted in overcome when the acceptable limits of injustice are exceeded. debate about civil disobedience with his 1969 essay, The Justification of Civil Disobedience, essay, debate about civil disobedience with his 1969 he also familiarity with society. As of Rawlsian the underpinnings a threshold, Rawls’ society. theory is applicable to a nearly just civil disobedience 38800-mqt_100-2 Sheet No. 144 Side A 02/22/2017 09:25:38 02/22/2017 A No. 144 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 144 Side B 02/22/2017 09:25:38 41 42 L. M K C Y ENRY ENT EADING H R .-K See HI . at 320 (Civil , 69 C Therefore, it is See id 43 [100:565 [100:565 Rawls on Liberty and Its Priority, in 9 (Infomotions, Inc., 2001) (1849), 9 (Infomotions, Inc., 2001) (1849), Initially, basic liberties are broad; however, Initially, basic liberties are broad; . 46 Rawls views this principle of equal liberty as 45 ISOBEDIENCE D Thus, Rawls’ “basic liberties are those commonly Thus, Rawls’ “basic liberties are Rethinking Rawls’s Theory of Liberty and Rights Rethinking Rawls’s Theory of Liberty and MARQUETTE LAW REVIEW MARQUETTE 47 Each individual would further have “an equal right to Each individual would further have H.L.A. Hart, Chapter 10, 44 IVIL See ) 2/16/17) 12:32 PM note 20, at 53, 118 ELETE ,C D supra OT , N O James W. Nickel, HOREAU (D . at 53. . at 326–28, 336–37. Rawls clarifies that the civilly disobedient act must deviate from the . at 326–28, 336–37. Rawls clarifies that the civilly . at 326. . at 326–27. AWLS T .Id .See .Id .Id .Id 230, 230–52 (Norman Daniels ed.) (1975). DOCX 45 46. H.L.A. recognizes but critiques this concept as too simplistic and argues that liberty may Hart 47 41 42 43 44. R To measure whether engagement is morally in civil disobedience sound, -P. AVID AWLS OOR the most extensive scheme compatible of equal basic liberties with a similar scheme others.” of liberties for the individual finds unjust. law, but need not do so in the same law that be limited to avoid other’s harm and suffering and that for some it may be rational to exchange some be limited to avoid other’s harm and suffering and that for some it may be rational to exchange liberty for economic gain. R D 574 from is a deviation since it last resort as a the democratically law. enacted fairly be viewed disobedience can Thus, civil law the relevant to bring a tool as that of justice of the principles or government within the boundaries practice membersthe society’s endorse. first there must “serious infringements exist either . . . of the principle of equal fair . . . opportunity.” violations of the . . . principle of liberty [or] blatant infringementThere is a serious principle of equal liberty when to the first government“basic liberty.” action violates an individual’s L so essential to society that the basic liberties, available to everyone equally, liberties, available to everyone so essential to society that the basic cannot be negotiated away or limited for other goods; instead, liberty may only be limited liberty. for the sake of http://www.infomotions.com/etexts/philosophy/1800-1899/thoreau-civil-182.txt [https://perma.cc/B924-EG8D]. disobedience “does not require that the civilly disobedient act breachdisobedience “does not require that the civilly that is being the same law of civil disobedience where he refused to pay his tax protested.”). This is similar from Thoreau’s act of and the Mexican-Americanbill as a civil disobedient act for the institution War. relevant to explore how Rawls compilesrelevant to explore of basic liberties. Rawls his list arrives choices under a about individuals’ by theorizing at these basic liberties metaphorical “veil of ignorance”—unaware and thus unencumbered by their According status within any particular society. actual position or to Rawls, conditions individuals wouldunder such unbiased liberties conclude that basic assemble;include the right to from to be free to be free from arbitrary arrest; attack, or dismemberment;psychological oppression, physical and to have integrity of the person. their scope is defined and limited erects a constitution that once society “enumerates and rights and creates a democratic liberties and protects the basic system of government.” 38800-mqt_100-2 Sheet No. 144 Side B 02/22/2017 09:25:38 02/22/2017 B No. 144 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 145 Side A 02/22/2017 09:25:38 Since 55 If those 50 As is explored 51 575 In this sense, Rawls’ 56 49 54 AsPart IV, in discussed SCOMM 48 Rawls’s Defense of the Priority of Liberty: A Kantian Rawls’s Defense of the Priority of Liberty: A Nevertheless, multiple minority should groups 53 . 246 (2003). FF .A UB A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM note 20, at 327. .&P note 20, at 327. note 47, at 246. ELETE HIL Section IV.A.2. D Part IV. supra Rawls recognizes that civil disobedience may civil that Rawls recognizes be particularly supra OT , supra , 52 N , 31 P O (D . at 328–29. . at 330. . . at 328. AWLS AWLS See infra .Id .Id .Id .Id . See infra DOCX 54 55 56 51 52. 53. R 48. Taylor, 49 50. R Finally, there is the strategic question of whetherFinally, there is the strategic question it is wise in civil to engage After determining that a violation of basic liberties (and thus a violation of liberties (and thus basic After determining of that a violation -P. . 763, 764–65 (1994); Robert S. Taylor, M K EV C Y OOR appropriate for those whoseappropriate for those handicaps their political power status and engagement, like immigrants. Reconstruction the theory is civil disobedience is, as Rawls framesthe theory is civil disobedience is, it, one of —to persuade the majority course and adopt a more to change its just policy—“care must the right is understood.” Thus exercising be taken to see that [the conduct] any other right, should rationally advance to civil disobedience, like exercising wishes to assist.” one’s ends or the ends of those one later in this Article, governmentlater in this Article, on immigration reform is gridlock and failure well-known. theory of civil disobedience is pragmatic and grounded. avoid engaging in separate formsavoid engaging in simultaneously of civil disobedience and should instead somehow to avoid cracking the strategize collaboratively foundations of the primarily just society. R 2016] regimes.”constitutional by protected L disobedience. Rawls suggests that although the minoritydisobedience. Rawls suggests that may now, after satisfying the previously mentioned be “within requirements, [its] rights” to behave in a civilly disobedient manner, the time might not be ripe if the harsh retaliation of the majority.”behavior “only serves to provoke the opponents argued that the program violated the basic liberties of freedom basic liberties of violated the argued that the program opponents from of the person. arrest and integrity arbitrary past attempts individuals can view failed, conventional political additional attempts since the majority as futile, has remained unmoved. the principle of equal liberty) occurred, the second inquiry before engaging in before engaging the second inquiry occurred, of equal liberty) the principle is whether past attemptscivil disobedience change the unjust law or to government have failed. through the regular political process practice 38800-mqt_100-2 Sheet No. 145 Side A 02/22/2017 09:25:38 02/22/2017 A No. 145 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 145 Side B 02/22/2017 09:25:38 , . M K EV , 14 C Y However, However, ONTEMPORARY 58 Thus, some C 57 , 88 N.Y.U. L. R Therefore, the 59 James Madison, 63 Reciprocity Interest in Political ILEMMAS OF [100:565 [100:565 :D LIEN A Aliens and Citizens: The Case for Open Borders Daniel Correa, See also ITIZEN AND THE Madison Lecture: Aliens and the Constitution C note 32. MARQUETTE LAW REVIEW MARQUETTE HE Notably, the continued treatment Notably, the continued immigrant of the as 60 , T supra ) 2/16/17) 12:32 PM , note 20, at 178. . 67 (2011); Joseph H. Carens, ELETE EV D OSNIAK This word because different parts of the choice is instructive supra B 62 OT , . 251, 255 (1987). N L. R A different conclusion that would exclude immigrants A different conclusion that from O (1998). OL 61 (D P . at 177. . AWLS INDA B. The question of immigrants as of immigrants question B. The society.” of a "closed members ATINO OF .Id . See John Rawls .Id . DOCX .L 59 60. L 62. U.S. Const. amends. IV, V, XIV § 1. 63. Hon. Karen Nelson Moore, 61 57 58. R Immigrants—documentedand undocumented—should be considered EV -P. EMBERSHIP ARV OOR the Other or Stranger, relegated permanently to be content with unequal basic relegated permanently to be content the Other or Stranger, rights, would create a caste system which is inconsistent with egalitarian standards. Constitution utilize “citizens” to denote other privileges. Constitution utilize “citizens” to denote term “citizen” should denote active membership in society, rather than technical denote active membership in society, term “citizen” should much Linda Bosniak has suggested as legal status. Professor in her exploration of the “citizen .” 49 R membership be inconsistent with a purported a Rawlsian society would in theory of justice. the initial inquiry is whether relevant American protections have constitutional protected by constitutional principles, Since Rawls’ basic liberties are those seizure limitations, of the search and been confined to citizens. A plain reading constitutional amendmentsdue process and equal protection implicated by SCOMM are not limited reveals that their protections to citizens, but extend to the “people.” 801, 806–07 (2013). M 576 L may is inapplicable to Rawls’ theory of civil disobedience question whether immigrantsalternative means. who enter the society through Further, Rawls liberties. that “citizens” are entitled to basic states specifically Rawls’ central constitutional principles basic liberties are expressed through beyond the bounds of citizenship. applicable to all “persons,” when his Bill of Rights, explained that since noncitizens “owe, discussing on one hand, a temporary [to the Constitution], they are entitled, in obedience “members”Rawlsian of a may as such, they society and, utilize civil and described as self-contained society has been Rawlsian disobedience. and death. enter and exit through birth closed, in that individuals Affiliation: Redefining the Political Community to Attain Just Principles in Immigration Reform Affiliation: Redefining the Political Community H 38800-mqt_100-2 Sheet No. 145 Side B 02/22/2017 09:25:38 02/22/2017 B No. 145 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 146 Side A 02/22/2017 09:25:38 , 70 EOPLES P plurality the Court AWS OF THE 577 Verdugo-Urquidez . 663, 663–64 (2012). Id Wong Wing v. United States Fearing yellow, imagining white: media In DENTITIES I 66 Supreme suggests precedent Court 64 the Supreme Court dealt again with the question the Supreme Court dealt again with the question OCIAL , the Court stated that “[t]he fourteenth stated that “[t]he , the Court , 18 S Almeida-Sanchez v. United States, Almeida-Sanchez note 21. supra Almeida-Sanchez, note 63, at 835–40. This substantial connection has not been further note 63, at 835–40. This substantial connection A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM supra sources cited Yick Wo v. Hopkins , 163 U.S. at 237. The of 1882 excluded laborers of , 163 U.S. at 237. The Chinese Exclusion Act ELETE see D , 118 U.S. at 369. In In OT N 65 O . at 274–75. Since (D . at 807; Id Thus the Supremenon-citizens the same basic has applied to Court Scholars have thus seldom utilized Rawls questions of to assess 68 Almost later, in a century .Id . Yick Wo . Wong Wing 69 DOCX 67 69. Rawls only touches upon immigration in a limited manner in his L 68. Almeida-Sanchez 266 (1973). There is some language in the v. United States, 413 U.S. 64 65. Wong Wing v. United States, 163 U.S. 228, 230 (1896); Yick Wo v. Hopkins, 118 U.S. 356, 66 67 70. Anotherwho expands Rawls’ original position to a global one exception is Joseph H. Carens Rawls himself deal with immigration does not seriously in any of his -P. M K C Y OOR explored in the Supreme Court Fourth Amendment jurisprudence. jurisprudence. explored in the Supreme Court Fourth Amendment when considering the search of a noncitizen’s home in .when considering the search of a noncitizen’s In the opinion, 494 U.S. 259 (1990), Chief Justice Rehnquist concluded that the Fourth Amendment was opinion, 494 U.S. 259 (1990), Chief Justice home because the search was conducted outside the inapplicable to a search of the defendant’s Mexico had not developed a “substantial” connection to the United States and also because the noncitizen United States. Moore, the Court again recognized that a noncitizen is entitled to due process of law that a noncitizen is entitled the Court again recognized governmentand that the federal sentence a Chinese could not constitutionally Act, without a jury as required by the Chinese Exclusion person to hard labor, trial. Chinese origin from entering the United States for ten years and required Chinese immigrants ten years and required Chinese immigrants already for Chinese origin from entering the United States The act is generally considered to be the first racially-present to register with the federal government. Sang Hea Kil, history. based immigration law in American analysis of the Chinese Exclusion Act of 1882 liberties that the U.S. Constitution SCOMM delineates and that implicated. work. where he explains that migration would not be a problem in what he terms as his “realistic utopia” of where he explains that migration would not be a problem liberal and decent Peoples. Karoline Reinhardt, Speech at the 49th Societas Ethica Annual Conference Utopia? Rawls’s The Law of the Peoples and the on Ethics and Migration: No Migration in a Realistic Topic of Migration migration problem as related (Aug. 23–26, 2012). This is because Rawls sees the to domestic injustices, which that would not exist in these societies. 2016] and advantage.” protection to [its] return, L amendment and of citizens” to the protection is not confined to the constitution thus finding a San and equal protection to noncitizens, applied due process it was unconstitutional as applied because Francisco ordinance to deny used laundry permits only to Chinese individuals. the same rights implicatedregarding the constitutional reciprocity SCOMM. by Chinese two cases involving Court dealt with century, the In the 19th noncitizens. opinion that leaves open the question of whether these Fourth Amendment protections apply with the opinion that leaves open the question of whether the Court references “those lawfully within the same force to undocumented immigrants since country.” 369 (1886). immigration or immigrant’s exception is Professor Robert Chang. rights. An applied Fourth Amendment a noncitizen driver in the United protections to States. 38800-mqt_100-2 Sheet No. 146 Side A 02/22/2017 09:25:38 02/22/2017 A No. 146 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 146 Side B 02/22/2017 09:25:38 M K note C Y EDERAL That is supra , F 76 OCIETY AND S 1–2 (Feb. 2016), This conduct note 57, at 255–62. 73 OLICY MERICAS P supra , A [100:565 [100:565 Undocumented Immigrants’ State CONOMIC E . 1319, 1331–32 (1997); Carens, This is because states are able to This is because EV 74 In addition, a study by the Americas AXATION AND .L.R 77 T RE (Aug. 30, 2010), http://www.frbsf.org/economic- Immigration and the Revival of American Cities: From Immigration and the Revival of American Cities: Centering the Immigrant in the Inter/national Imagination Centering the Immigrant in the Inter/national , 90 O , 2–3, 5–10 (Sept. 2013), http://www.as- This latter definition is one that expands the citizen This latter definition NSTITUTE ON I RANCISCO 72 MARQUETTE LAW REVIEW MARQUETTE F MERICAS HE note 71, at 1330. A , T AN ) 2/16/17) 12:32 PM supra S The Effect of Immigrants on U.S. Employment and Productivity The Effect of Immigrants on U.S. Employment Immigrantsalso contribute by paying taxes. A recent report Jacob L. Vigdor, 75 ELETE D OT N O ANK OF see also ; Furthermore, defines two Chang One is citizenship. types of (D B . . at 1332. 71 .Id .Id. .Id DOCX 77 73 74. Giovanni Peri, 72. Chang & Aoki, 71. Robert S. Chang & Keith Aoki, 75 76. Lisa Christensen Gee, Matthew Gardner, & Meg Wiehe, -P. OUNCIL OF THE ESERVE OOR by the Institute of Taxation and Economic Policy states that undocumented immigrants consistently contribute over $10 billion annually in taxes. citizenship as a legal status and the second is citizenship as participation in status and the second is citizenship citizenship as a legal activity. socially desirable coa.org/sites/default/files/ImmigrationUSRevivalReport.pdf [https://perma.cc/P3FD-Z4NE]. coa.org/sites/default/files/ImmigrationUSRevivalReport.pdf absorb immigrant labor, while U.S. workers move to different and higher paying positions. http://www.itep.org/pdf/immigration2016.pdf [https://perma.cc/ZH88-NBS6]. includes increasing communityincludes increasing that may connections lead to lower crime, in the labor market,contributing to growth and paying taxes, revitalizing towns, maintaining housing prices. After comparing data from states with a high immigrant work force with with that of states a low immigrant work force, economistssuggest that the long term of immigrant effect workers is an increase in income for U.S. born workers. 57, at 255–62. C and suggests that in this global original position individuals would be ignorant to their place of birth individuals and suggests that in this global original position basic liberties. Carens, and thus would include a right to migration among R 578 in Rawls’ that contends Chang Professor status citizenship position, original be ignorant and would which individuals of one of the contingencies would be access to basic noncitizens equal thus provide individuals would reasonable wouldfor fear that they liberties themselves be immigrantsthe Rawlsian in society. L research/publications/economic-letter/2010/august/effect-immigrants-us-employment-productivity/ research/publications/economic-letter/2010/august/effect-immigrants-us-employment-productivity/ [https://perma.cc/KXH6-8XBM]. Preserving Manufacturing Jobs to Strengthening the Housing Market (Part III): Aoki, Rawls, and Immigration about eight percent of their incomes. label to encompass immigrants. that immigrants Evidence suggests overall nation. activities that likely benefit the engage in desirable Society and Council of the Americas finds that immigrantSociety and Council of the Americas finds presence in areas may as it tends to boost moves be reinvigorating of U.S. born individuals to and Local Tax Contributions 38800-mqt_100-2 Sheet No. 146 Side B 02/22/2017 09:25:38 02/22/2017 B No. 146 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 147 Side A 02/22/2017 09:25:38 . 34, at 38. EP This MERICA Id. 78 .R A TR Id. See also HY Professor PHERES OF C 81 :W and likewise 86 ONTEMPORARY C Bosniak borrows ASTINGS 85 H 579 LOODGATES F . While Walzer’s work She proposes a type of She proposes a 82 140 (2007). ILEMMAS OF PENING THE QUALITY “[f]ormal commitments to norms of equal E AWS , O L :D OHNSON LIEN A R. J MMIGRATION I EVIN K LURALISM AND LURALISM P note 60. See also note 75, at 2–3, 18–19. A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM ORDERS AND note 60. B supra , Thus, for the alien citizen, alienage is not an obstacle to citizen, alienage is not an obstacle Thus, for the alien supra TS Finally, data suggests that immigrant data suggests that Finally, presence may reduce ELETE I Section IV.A.1.b.ii 83 supra D ITIZEN AND THE ITIZEN AND THE 79 , Bosniak highlights in her own work the alternate part of Bosniak highlights in her own EFENSE OF , Linda Bosniak analyzes American, Linda Bosniak analyzes law dealing with noncitizens C OT 84 N OSNIAK Illegal Immigrants, Health Care, and Social Responsibility, 80 O Vigdor, ETHINK B (D HE . at 2–3, 11–17. . at 49–63. . . at 41. . Like Walzer, Bosniak distinguishes the government’s interest in regulating ingress and OSNIAK R :AD .Id .Id .Id .Id .Id .Id. .See . infra See DOCX 79 82 83 84 85 86 78 80 81. B In T -P. M K EMBERSHIP EEDS TO C Y USTICE OOR Bosniak suggests that while the power to regulate immigration can be understood as related to ability to sovereignty, once noncitizens reside within the nation’s borders the government’s discriminate based on alienage is then limited since treatment and to the elimination of caste-like status have shaped American public law.” egress into the nation from its interest in regulating noncitizens already present in the nation. egress into the nation from its interest in regulating and expands the traditional definition of citizen to the alien citizen. definition of citizen to the and expands the traditional suggests that maintaining a society where individuals are treated unequally suggests that maintaining where a society because of their immigration . . . “where alienage status is status, particularly permanent,” with is inconsistent principles of a democratic the egalitarian criminality. defends the sovereignty of nations and thus the nation’s right to restrict and defends the sovereignty of nations immigration, same that immigrant also concluded study an increase in tends to presence value. housing James Dwyer, N J 2016] businesses. new services-oriented in to interest likely due locations those M L participation in society whereparticipation in society in an individual’s is of little relevance alienage daily activities. 34–41 (2004). Bosniak does not treat Rawls in her work, but instead reviews how case law has Rawls in her work, but instead Bosniak does not treat various contexts and demonstratestreated alienage in that jurisprudence is mixed immigrant regarding the relevancy of status. from Walzer’s criticism of the European guestworker system Walzer’s theory where he argues that once immigrants reside and work inside the nation, they must be granted full membership in society. membershipconcept of the alien citizen society. Bosniak constructs this in of Political Theorist Michaelbased on her interpretation Walzer’sS 38800-mqt_100-2 Sheet No. 147 Side A 02/22/2017 09:25:38 02/22/2017 A No. 147 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 147 Side B 02/22/2017 09:25:38 M K C Y FFICE OF SCOMM SCOMM OMMUNICATION 93 227, 242–47 (1995). ., OIG-12-66, C [100:565 [100:565 EC S OLICY 2 (2012) [hereinafter DHS, O L. & P L As such, this population may As such, this population make . at 46–49. ’ OMELAND 91 Id NT H J. I T OF OMMUNITIES ’ AVIS 90 C EP D ., D EN ECURE S G , 1 U.C. MARQUETTE LAW REVIEW MARQUETTE A Nation that Welcomes Immigrants? An Historical Examination of A Nation that Welcomes Immigrants? An Historical Pursuant to this directive, in October of 2008, DHS Pursuant to this directive, in October note 63, at 807. 92 ) 2/16/17) 12:32 PM NSPECTOR Furthermore, how relevant considering it is particularly I ELETE supra 89 D III. SCOMM, ITS SPREAD, AND ITS DEMISE This is consistent with Madison’s This is pronouncements regarding OT note 60, at 46. However, Bosniak takes issue with these limitations as being .]. 88 N ARTICIPATION IN O Moore, EN P James F. Smith, . at 37–40. Bosniak’s concerns stem concerns Bosniak’s from from excluding of the incongruity full (D G . at 63. FFICE OF supra 87 , .See . Id .Id . See DOCX 90 91. Walzera transition period from accounts for these handicaps in his theory by referring to 87 88 89 93. Press of Homeland Security, Secretary Napolitano and ICE Assistant Release, Dep’t 92. O Consistent with both WalzerConsistent with both purposes of Rawls’ and for and Bosniak, SCOMM was set into motion by the Bush administration, spread at an -P. OSNIAK EGARDING OOR NSPECTOR national membership is laws to that nation’s nevertheless subject those who are problematic. Untied States Immigration Policy theory, immigrants within to territorial boundaries are entitled the nation’s membership equal access to basic liberties—although in society and their status might political handicaps. lead to certain use, when justified according to Rawls, of the tool of civil disobedience. This according to Rawls, of the tool of use, when justified mechanism importance is of particular to the immigrant movement because their legal status impedes their ability to engage in the regular political process. R I 580 society. L shifting American economic law’s erratic immigration interests have caused attitudes towards especially Mexican migration—at times seeking to extricate from the same its society it previously invited and even population that its fiscal needs. recruited to fulfill exponential rate during the Obama administration, and was dismantled in November George W. of 2014 by the latter administration. Bush signed the 2008, which provided ImmigrationConsolidated Appropriations Act of and Customs Enforcement (ICE) $200 million “to improve and modernize” its enforcement efforts. potential to full citizenship when the immigrant’s political rights may be curtailed, but not other rights.potential to full citizenship when the immigrant’s B the reciprocity of legal obedience and legal protections between the nation and between and legal protections of legal obedience the reciprocity its noncitizens. initiated SCOMM with and removal the stated goal of identification of “dangerous criminal pose a threat to public safety.” aliens who Secretary Morton More Announce That the Secure Communities Initiative Identified than 111,000 inconsistent with the remainder of Walzer’s theory. 38800-mqt_100-2 Sheet No. 147 Side B 02/22/2017 09:25:38 02/22/2017 B No. 147 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 148 Side A 02/22/2017 09:25:38 , 98 R. 581 EGAL ARC :L FFICE OF M MMIGRATION I note 94, at 938– ETAINERS See also See also Delegation D supra NTERIOR , U.S. Immigration and Under SCOMM, the MMIGRATION 101 ., R42057, I Does Immigration Enforcement Reduce 13–15 (2012); Criminal Alien Program ERV . 937, 938–39 (2014). S or a 287(g) Memorandum or a 287(g) of CON note 92, at 3. 95 ., R42690, I LIENS note 94, at 2 n.13 (2012). DHS, O A note 92, at 27, Appendix D. note 92, at 3; Miles & Cox, note 92, at 27, Appendix D. note 94, at 11–12. ERV supra S ESEARCH ., supra ., .R supra supra EN supra ., supra ., G ., , 57 J.L. & E ., RIMINAL ERV ONG C EN EN EN S ERV G G ESEARCH G S , C .R NSPECTOR I ONG ANDEL ESEARCH Before SCOMM,local law enforcement state and did ARGETING note 94, at 948. ESEARCH T ,C NSPECTOR 94 NSPECTOR NSPECTOR I .R I I A. K A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM .R note 92, at 3. supra ONG FFICE OF ANUEL When book individuals at local and state law enforcement ONG ELETE O In the case where ICE wished to investigate immigration In the case where ICE wished to ,C See also Thomas J. Miles & Adam B. Cox, D FFICE OF , C ILLIAM a jurisdiction’s participation in SCOMM a jurisdiction’s participation was not voluntary. 100 supra ROGRAMS FFICE OF FFICE OF SCOMM despite initial DHS changed that. First, suggestions to 102 OT 97 ., M. M N Second, in activated jurisdictions, local and state law enforcement jurisdictions, local and state law Second, in activated :P 96 O &W EN 99 ANUEL (D G ANUEL . at 939, 947–52. ATE See DHS, See d .I DOCX 1–2 (2012). 8. Miles & Cox, 97. M 99 100. 94. K 95. O DHS, 101. O DHS, 96. DHS, O 102. M 9 -P. M K OSENBLUM NFORCEMENT C Y OOR NSPECTOR SSUES information shared with the FBI was automatically forwarded to ICE agents whether to pursue an immigrationwho would review it and decide investigation. Agreement, ICE delegates immigration where enforcement powers to local and state police. status, ICE would issue a Form I-247 immigration detainer pursuant to 8 U.S.C.status, ICE would issue a Form immigration I-247 Crime? Evidence from Secure Communities of Immigration Authority Section 287(g) Immigration and Nationality Act of Immigration Authority Section 287(g) Immigration https://www.ice.gov/factsheets/287g#signedMOA Customs Enforcement Information Library, [https://perma.cc/PWQ5-LL32] (last visited Feb. 7, 2017). police stations or jails, they regularly share identifying and fingerprint jails, they regularly share identifying police stations or information with (FBI) to discover the Federal Bureau of Investigations criminal warrants. background and any existing I Criminal Aliens in Its First Year (Nov. 12, 2009), https://www.dhs.gov/news/2009/11/12/secure-Criminal Aliens in Its First Year (Nov. 12, [https://perma.cc/C6YV- communities-initiative-identified-more-111000-criminal-aliens-its-first-year Security]. JGK9] [hereinafter Press Release, Dep’t of Homeland I E 2016] an information as operated program sharing law local state and between enforcement and ICE. Instead, DHS progressively instituted SCOMM throughout the in counties the program throughout 2013, achieved activation of country and by January the nation. L unwittingly became agents of immigration enforcement upon any interaction with civilians. the contrary, not collaborate with immigrationnot collaborate enforcement agreement except through either via the Criminal Alien Program stationed at personnel are (CAP), where ICE noncitizens, prisons to identify jails or R U.S. Immigration and Customs Enforcement: What We Do, https://www.ice.gov/criminal-alien-U.S. Immigration and Customs Enforcement: program [https://perma.cc/99M8-GENP] (last visited Feb. 7, 2017). 39. 38800-mqt_100-2 Sheet No. 148 Side A 02/22/2017 09:25:38 02/22/2017 A No. 148 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 148 Side B 02/22/2017 09:25:38 M K C Y FFECTED ESEARCH A .R Local and Local and ONG 105 , C ETAINERS D ANUEL Because of automation, [100:565 [100:565 and requested that the law that the law and requested 110 MMIGRATION 104 at 1 nn.1–2. , ICE I AVE note 94 note 94, at 1, 8. H OW Community and Courtroom Responses to Immigration Community and Courtroom Responses to Immigration supra , supra ., . ., H Although the requested ICE holds were only Although the requested TR Post-SCOMM, in 2009, ICE comparatively ERV ERV C S S 106 111 note 21, at 69 (referencing field notes from a September 2010 note 21, at 69 (referencing field notes from , Uroza v. Salt Lake Cty., No. 2:11CV713DAK, 2013 WL 653968, , Uroza v. Salt Lake Cty., No. 2:11CV713DAK, . (Dec. 16, 2013), https://immigrationforum.org/blog/community- Once ICE had custody, it often proceeded with Once ICE had MARQUETTE LAW REVIEW MARQUETTE USTICE note 94, at 938, 946–47. This also coincides with this author’s own 107 .J ESEARCH supra ESEARCH ORUM ?, http://immigrantjustice.org/icedetainerdata#.VZGK30bQN8B .R .R See, e.g. .F ) 2/16/17) 12:32 PM supra Before SCOMM, whether an arrestee might assessing a be MMIGR ONG ONG I 109 ELETE 108 L Through the issuance of immigration issuance the Through informed ICE detainers, , C ,C D ’ MMIGR I OT OMMUNITY 103 AT L ’ N C N O ANUEL ANUEL AT note 94, at 1. . at 3. . at 6. . at 1. (D , N .Id .Id .Id .See supra DOCX ., 107. National Immigration Forum Staff, 106 105 104 103. M 108. Strunk & Leitner, 109. M 110. & Cox, Miles 111 Since ICE received informationSince ICE received from initial police contact, SCOMM -P. OUR ERV OOR Washington DC Wilson on 287(g) and SCOMM). At times, the individual would Center Conference removal proceedings. M remain in immigration custody throughout the S Y 582 § 1101(a)(3). L Detainers SCOMM Before SCOMM, rendered these interviews unnecessary. in 2007, ICE issued 68,558 detainers. enforcement agency hold the person for forty-eight hours beyond when they hours beyond the person for forty-eight agency hold enforcement normallywould have government from been released detention. [https://perma.cc/YB32-VNR5] (last visited Feb. 7, 2017) (Number of detainers issued by ICE by year: [https://perma.cc/YB32-VNR5] (last visited Feb. 7, 2007 = 68,558; 2008 = 204,132; 2009 = 270,988; 2010 = 196,778). removal efforts. state law enforcementto comply were expected with ICE immigration the timeadditional the individual for the requested detainers and hold so that ICE custody. could potentially take at *7 (D. Feb. 21, 2013) (“At the end of the 48–hour period of the detainer, ICE did not attempt at *7 (D. Utah Feb. 21, 2013) (“At the end of judge ordered that Uroza be released and not turned to take custody of Uroza. Even after the state court release Uroza until ICE took custody of him.”). over to ICE, the County Defendants refused to state and local law enforcements authorities that it wastaking considering local lawstate and enforcements that it authorities immigration individuals for custody of purposes, for forty-eight hours beyond when the individual would have regularly been beyond when the individual would for forty-eight hours manyreleased, there were held beyond and reports of individuals being stories hours. these forty-eight and-courtroom-responses-to-immigration-detainers-3 [https://perma.cc/9HPL-ZGU5] (collection of and-courtroom-responses-to-immigration-detainers-3 examples in Appendix A). noncitizen was complicated It often required interviews resource intensive. and 287(g) authorities or others deputized by of detained individuals by federal agreement,15% and thus occurred in about of jails and prisons by ICE agents and another 2% counties by deputized police. of resulted in ICE issuing moreresulted in ICE issuing immigration at earlier stages in the detainers criminal process. experience as a public defender in the District of Columbia during the 1990s and early 2000s. experience as a public defender in the District of Columbia during the 1990s and early 2000s. 38800-mqt_100-2 Sheet No. 148 Side B 02/22/2017 09:25:38 02/22/2017 B No. 148 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 149 Side A 02/22/2017 09:25:38 , 583 TUDIES .S note 94, at 948 MMIGR I supra being followed around FOR . TR Multiple had jurisdictions 115 ,C note 10, at 4. In the latter section of Part VI, section of Part In the latter However, DHS maintained that 114 116 supra , note 92, at 7–8. note 92, at 6–7; Miles & Cox, OUNCIL Disabling Detainers: How the Obama Administration Disabling Detainers: How the Obama Administration supra C ., supra ., EN G . mounted L.J. 1105, 1129 (2013) (“[C]ommunity opposition EN T G S DVISORY By 2011, the annual use of immigration annual 2011, the By detainers A The task force held public hearings in several cities HIO 112 118 NSPECTOR Immigration Policing and Federalism Through the Lens of Technology, Immigration Policing and Federalism Through I NSPECTOR A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY , 74 O ) 2/16/17) 12:32 PM I 117 note 115, at 1129–30 n.106. ECURITY 113 S ELETE Part IV. D supra FFICE OF OT FFICE OF N While of the task force’s investigations were ongoing, governors (Sept. 21, 2011), http://www.colorlines.com/articles/secure-communities-task-force- Dan Cadman & Mark Medcalf, Anil Kalhan, O . OMELAND (D 119 .Id .See . See infra .See INES L DOCX 116. O DHS, 112 113 114 115 119. Julianne Hing, Secure Communities Task Force Criticizes Program, Five Resign in Protest, 117. Kalhan, 118. H As SCOMM as well as so did its critiques, all jurisdictions, spread across Legislative calls for investigations resulted in the creation of a task force to Legislative calls for investigations resulted -P. M K OLOR C Y OOR where community members vigorously opposed SCOMM and engaged in activism. signed Memorandums of Agreement participation (MOA) regarding with ICE in SCOMM stating that either party could that consistently included language unilaterally terminate the MOA at any time. has Trashed a Key Immigration Enforcement Tool has Trashed a Key Immigration Enforcement resistance by immigrantresistance community activists. criticizes-program-five-resign-protest [https://perma.cc/XXU8-ZDFM] (“After summer, a task force charged with evaluating the federal the country during a protest-packed (pdf) last government’s immigration enforcement program Secure Communities released its report week that criticized the federal government’s implementation and design of the program.”). quickly as the program was implemented, prompting several states to exercise this opt-out option.”). several quickly as the program was implemented, prompting O See also DHS, spiked to 316,170. spiked to n.10. this Article two uses studies to demonstrate state case how immigrant activists opposed SCOMM Progressively, through vigorous civil disobedience. localities, as well Massachusetts, as the states of Illinois, and New York, began complyingseeking to cease with immigration as early as detention requests from conflicting information2010 and received DHS to stop about their ability cooperating with federal immigration authorities. 2016] detainers. 270,988 issued L cooperation was mandatory. These contradictory messages troubled officials had believed SCOMMand legislators who now participation was voluntary and felt misled by DHS. query into the program. http://cis.org/disabling-detainers [https://perma.cc/4DYS-CQRY] (Jan. 2015) (Number of detainers http://cis.org/disabling-detainers [https://perma.cc/4DYS-CQRY] = 282,541; 2013 = 212,455; 2014 = 157,447). issued by ICE by year: 2011 = 316,170; 2012 , and Privacy all states with MOAs received letters from ICE rescinding the MOAs as that information stating unnecessary and non-binding, and instead sharing with C 38800-mqt_100-2 Sheet No. 149 Side A 02/22/2017 09:25:38 02/22/2017 A No. 149 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 149 Side B 02/22/2017 09:25:38 M K 129 C Y [100:565 Thompson & 8, 2014), 128 RANSACTIONAL A review of ,T 124 See also -EWYG]. note 93. supra More Deportations Follow Minor Crimes, More Deportations Follow Minor Crimes, supra note 125. For about 17% of deportations, , note 92, at 8. (TRAC) (Apr. supra . infra Section IV.A.1. ., Id EN G l [https://perma.cc/3CQX-HTWE]. note 21, at 69 (referencing filed notes from a September 2010 MARQUETTE LAW REVIEW MARQUETTE Further, in one circumstance, was evidence that there LEARINGHOUSE note 94, at 963–64. supra C 127 NSPECTOR I note 119. ) 2/16/17) 12:32 PM Ultimately, by concluded task force investigation the but activists challenged this claim but activists challenged from the program’s supra (Apr. 7, 2014), http://www.nytimes.com/2014/04/07/us/more-deportations- 121 120 122 ELETE supra Part IV. D IMES FFICE OF T CCESS Of the rest of those deported, approximately Of the rest of those 15% had a criminal OT Ultimately, evidence negated this DHS the claim. A N Galarza v. Szalczyk discussion Hing, 125 Ginger Thompson & Sarah Cohen, O note 124. There is anecdotal evidence that ICE agents were issuing evidence that ICE agents There is anecdotal 123 (D 126 . See . Secure Communities and ICE Deportation . Secure Communities and ICE Deportation: A Failed Program? . See . See infra .See supra DOCX 128 127. & Leitner, Strunk 129. & Cox, Miles 126 125 120. O DHS, 121 122. Press Release, Dep’t. of Homeland Security, 123 124 Since DHS counties and began screening information unilaterally activated DHS marketedSCOMM that on the removal would focus of “dangerous -P. ECORDS OOR Washington, D.C., Wilson Center Conference on 287(g) and Secure Communities). the criminal conviction is listed as “other.” obtained when police checked an individual’s criminalobtained when police checked an individual’s record, the only recourse for jurisdictions that wished to resist participation in SCOMM was to either broader sanctuary policies. or adopt refuse to enforce immigration detainers inception. simply having a Spanish surname led to the issuance of a detainer. http://trac.syr.edu/immigration/reports/349/ [https://perma.cc/JR7C Cohen, immigration time detainers every was they suspected the individual an alien and thus were accordance with not utilizing discretion in any stated enforcement priorities. R While include sanctuary policies differ by jurisdiction, they generally orders that prevent state and local law resolutions, ordinances, or executive workers fromenforcement, representatives and/or cooperating in some manner 584 immigration was authorities mandatory information fingerprint once was to FBI. provided L immigration such as illegal entry and 13% related conviction traffic had a offense. 2013 DHS deportation data demonstrated that only 12% of those deported had data demonstrated2013 DHS deportation committed which “Level 1” offenses, as those that “pose a serious are defined safety or national security,” whilethreat to public 42%had no criminal conviction. follow-minor-crimes-data-shows.htm suggesting various reformssuggesting SCOMM, to some but not before members of its in protest. resigned criminal aliens,” , N.Y. Datashows, 38800-mqt_100-2 Sheet No. 149 Side B 02/22/2017 09:25:38 02/22/2017 B No. 149 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 150 Side A 02/22/2017 09:25:38 135 The see also 132 ANCTUARY Through Through 130 ., R44118, S (Oct. 10, 2015); 585 ERV S OUNCIL C note 11. ESEARCH See also “Sanctuary Cities,” Trust Acts, .R there has been limited exploration supra , note 130. ONG 136 ,C MMIGRATION I , 1 (2015). , supra ETWORK RIEF note 14. N B EGHETTI PARADIGM PARADIGM S N MERICAN :I OUNCIL supra A ISA C note 46, at 230. &L LIENS A supra MMIGRATION I Ultimately, the Obama administration dismantled A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM ANDEL 133 note 20, at 326. response according to Rawls’ paradigm. response according to Rawls’ paradigm. EGAL MMIGRATION I RIMINAL L ELETE A. K C Section IV.B. D supra 134 , OT By Novemberwell three states, as of 2014, as cities and counties N DHS SCOMM Memo, DHS SCOMM Memo, O 131 at 53–54. Hart, ILLIAM MERICAN ATHOLIC AWLS (D .Id. . See infra . See DOCX Section IV.B. 136 133. A 132. C 131 134 130. W 135. R This Part concludes that immigrantThis Part concludes justly and effectively engaged activists The first point of inquiry below is whether SCOMMThe first point of inquiry below is caused a “serious IV. SCOMM RESISTANCE AND RAWLS’ CIVIL DISOBEDIENCE -P. M K issue of immigration reform suggest that civil disobedience was a justified A. A review of the critiques of SCOMM and the legislative impasse on the C Y OOR URISDICTIONS AND and Community Policing Explained, overwhelming majority response to were enacted in policies these sanctuary of SCOMM, by the fact that, before SCOMM, as evidenced only six jurisdictions had such policies. in civil disobedience in opposition to SCOMM.in civil disobedience section proceeds The initial with a review of SCOMM’sthe legislative failures in critiques and a survey of the area of immigration reform and suggests that civil disobedience was morally case studies section continues with two justified and essential. The subsequent which demonstrate that immigrant protesters did engage in civil disobedience movedit local and state officials to push and that resistance was effective in that back against the program, contributing to its dismantling. J The concept of equal liberty refers to whether an individual’s basic liberties The concept of equal liberty refers have been violated. Other Rawls’ than initial list of basic liberties, which he categorized as rough and non-exhaustive, 2016] withthe enforcement in authorities federal immigration of laws. L SCOMM. In its memoaction, DHS detailing this cited opposition at the state refusal by governors, mayors,and local level, including to cooperate and police with SCOMM. infra protests, activists urged jurisdictions to enact sanctuary policies at the local and at the local sanctuary policies to enact activists urged jurisdictions protests, state level. in another twentyin another laws and policies. anti-detainer states, had enacted infringement[] principle of justice, the principle of equal liberty.” of the first 38800-mqt_100-2 Sheet No. 150 Side A 02/22/2017 09:25:38 02/22/2017 A No. 150 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 150 Side B 02/22/2017 09:25:38 , M K .& 138 C Y HIL P OLITICAL Kevin R. P , 27 See . 163 (2010). —a condition . However, some UST Sustaining Tiered J Id 139 note 20). Prof. Lyons ISTORY AND THNIC H &E supra , ORAL [100:565 [100:565 ACIAL AWLS :M .J.R Karla Mari McKanders, ARV NJUSTICE I , 26 H see also . at 35 (quoting R note 20, at 226). Prof. Lyons has further pointed to Rawls’ note 20, at 226). Prof. Lyons has further pointed Id 137 ONFRONTING supra , ,C MARQUETTE LAW REVIEW MARQUETTE AWLS YONS . J. 367 (2012); Moral , and Civil Disobedience Judgment, Historical L TS ) 2/16/17) 12:32 PM R note 20, at 327. AVID ILL ELETE B D supra , OT N ARY David Lyons, O . at 326–31. AWLS (D . Prof. Lyons has also suggested that 31 (1998). Rawls himself recognized that the United Immigration and Civil Rights: Is the “New” Birmingham the Same as the “Old” Birmingham 120 (2013) (quoting R .See .Id .&M FF DOCX M 139 138 137. R The second point of inquiry below is whether individuals have previously have previously individuals whether below is point of inquiry The second These two points are threshold questions that must are threshold questions These two points before be satisfied -P. .A HEORY UB OOR States was not a fairly just society and has critiques of the sharp differences in wealth pointed to Rawls’ facilitate those who amass political power to gain “a distribution which create political inequality and favored position.” D which discards with the need to overcomewhich discards with the moral presumption favoring Recognizing of civil disobedience. acts obedience to law in seeking to justify that immigrants may a be classified as consistently marginalized group, especially now under a Trump regime, this Article takes no position on whether the United States can be defined as a nearly just society. Instead it explores of a perception whether, assumingStates fits Rawls’ the United arguendo that SCOMMnearly just society, the critiques of justified deviation from the law through civil disobedience. Personhood: Jim Crow and Anti-Immigrant Laws Personhood: Jim Crow and Anti-Immigrant T Before furthering the inquiry, it is importantBefore furthering that some to recognize have argued that the Unitedobligation, and thus there is no is not a just society States consistently marginalized,particularly for the obey its laws to 586 meaning the regarding of Rawls’ of each the of a plain reading Still, liberties. itemsSCOMM that critiques of suggests implicate violations. equal liberty attempted unjust circumstance to change the “normal through the to the appeals majority”political and whether attempts these have failed. An overview of the reformfailures since 1986 to normalize the lives of the millions of demonstrates that further living in the United States undocumented immigrants legislative attempts were useless. L P have argued that poor immigrants also fit the definition of permanent minorities. hypothesizes that when Rawls wrote about these unjustly treated “permanent minorities,” he was hypothesizes that when Rawls wrote about these unjustly treated “permanent minorities,” referring to the treatment of African Americans under the system of Jim Crow. individuals might in a nearly just engage in civil disobedience justifiably is regularly under a moralsociety where one laws. obligation to abide by all recognition that a duty to abide by the law is further problematized for “permanent minorities that have recognition that a duty to abide by the law is further suffered from injustice for many years.” Johnson, 21 W 38800-mqt_100-2 Sheet No. 150 Side B 02/22/2017 09:25:38 02/22/2017 B No. 150 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 151 Side A 02/22/2017 09:25:38 145 146 . L.J. supra ND note 18, at , 90 I ETAINERS AND supra D Jeffrey L. Vagle, note 7; Fischer, See also The contours of an The contours of 587 supra 144 MMIGRATION :I and even government and even 141 RIEF B Arizona v. United States, note 47, at 767. SSUE note 94, at 17–25 (discussing potential Fourth note 94, at 17–25 (discussing potential Fourth supra ,I The aforementioned constitutional Yick Wo v. Hopkins, 118 U.S. 356, 373–74 (1886). supra 143 ., Nickel, note 18, at 154–56; Stumpf, ERV See also See S SSOCIATION A supra , and naturally this extends to laws that justify seizure ESEARCH 147 EFENDER .R A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY D ) 2/16/17) 12:32 PM note 20, at 53. note 18, at 647–48. ONG . amend. IV. . amend V. Federal Immigration Detainers After ELETE 5–6 (Apr. 2011). immigrant groups, advocacy , C D supra supra a. to be free from Basic liberty arbitrary arrest. , ONST ONST OT 140 When the government’s treatment of individuals differs because Rendition Resistance N Matthews v. Eldridge, 424 U.S. 319, 334 (1976); Fuentes v. Shevin, 407 U.S. 67, 80 criticized SCOMM criticized basic liberty from an individual’s as violating Whren v. Avery, 137 F.3d v. United States, 517 U.S. 806, 813 (1996); United States Lasch, O 148 ASHINGTON ANUEL AWLS (D 142 ISCRETION .See .See . See D DOCX 147. U.S. Const. amend. XIV, § 1. 148 144. U.S. C 142. M 141. W 140 145. U.S. C 146 143. R Scholars, -P. M K OCAL C Y OOR attorneys note 18. Vazquez, arbitrary arrest when they articulated concerns that the program’s they articulated concerns that arbitrary arrest when use of immigration violated her right to due hold an individual detainers to process, and freedomequal protection, from seizure. Each of these unreasonable are implicatedconstitutional rights by Rawls’shall theory in that each person to be free fromhave an equal right and seizure as defined by “arbitrary arrest the rule of law.”the concept of (1972); Mullane v. Cent. Hanover Bank & Trust, 339 U.S. 306, 313 (1950). 343, 353 (6th Cir. 1997). and arrest. L and Supreme has firmly Court jurisprudence established that due process, at a minimum, requires notice and hearing before liberty may be curtailed. Finally, the Fourteenth Amendment demands no person be denied “equal that protection of the laws” 2016] 1. Critics of SCOMMbasic liberties violations of articulated L 101, 145 (2015) (“[S]cholars such as the philosopher John Rawls have interpreted the Constitution as 101, 145 (2015) (“[S]cholars such as the philosopher of our capacity for a sense of justice and our capacity an agreement specifying certain liberties in terms for a conception of the overall good.”). individual’s right to freedom by the Fifth are further delineated from detention Amendment and Fourteenth Amendment person which guarantee that “[n]o shall . . . be deprived of life, liberty, or property, without due process of law,” amendments delineate the governmental limitations to abridge a person’s The Fourth Amendmentphysical liberty. states that individuals shall plainly searches and seizures . . . persons . . . against unreasonable be “secure in their and no Warrants cause.” shall issue [without] probable Furtive Encryption: Power, Trust, and the Constitutional Cost of Surveillance Constitutional Furtive Encryption: Power, Trust, and the 696–98; Lasch, Amendment and Fifth Amendment problems associated with the immigration detainer practice). 38800-mqt_100-2 Sheet No. 151 Side A 02/22/2017 09:25:38 02/22/2017 A No. 151 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 151 Side B 02/22/2017 09:25:38 . . M K .L. OC TAN S C Y ICH AND [100:565 , 39 S L. , 91 M . 87 (2013). ON “Was Blind, But . EV NST note 176. I note 18. Nevertheless, .L.R . 931 (2008); Charles R. Guidance Regarding the HI , . at 5–6. While 13% of infra EV Id ARREN supra W .L.R USTICE 80 U. C J Barbara J. Flagg, ARL ONN E . at 5. T OF ’ Id Vazquez, Secure Communities by the Numbers: An 40 C EP See also USTICE J Thus, opponents argued that the Thus, opponents argued that the . It is worth mentioning that an ever greater . It is worth mentioning that an ever greater relevant cases cited Id see also 157 ,U.S.D See HIEF C 150 The data lent credence to these concerns The data lent credence HE Policing Immigration, note 18; Unconscious Racism Revisited: Reflections on the Impact Unconscious Racism Revisited: Reflections on IVISION 151 , T D This was expected considering that precursors This was expected supra 154 IGHTS From the early days of SCOMM,Latinos were note 21, at 74. note 21, at 74. R MARQUETTE LAW REVIEW MARQUETTE . 1, 5 (Oct. 2011). Whilecertainly comprise most of the Latinos 153 CH IVIL C ) 2/16/17) 12:32 PM Note, however, that equal however, that equal Note, claimsprotection violation L. S See 149 and thus at greater risk of detention than other immigrants as risk of detention and thus at greater In addition, studies suggested strong correlations between a suggested strong correlations between In addition, studies ELETE D 152 155 OT The correlations remained significant even when remained The correlations controlling for significant N ERKELEY Brown v. Bd. of Educ., 347 U.S. 483 (1954); 388 U.S. 1 (1967). Loving v. Virginia, Washington (1976). v. Davis, 426 U.S. 229 The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism The Id, the Ego, and Equal Protection: Reckoning O See generally Fischer, . (discussing sharp increase in the arrests of Latinos in jurisdictions with Criminal Alien . at 6. . 156 (D .Id .Id .See .See .Id . 317 (1987). DOCX ,U.C.B 155 156. Adam B. Cox & Thomas J. Miles, 153 154. Strunk & Leitner, supra 149 150 157 151. Strunk & Leitner, supra 152. Aarti Markowitz, Kohli, Peter L. & Liza Chavez, Focusing initially on equal protection, critics leveled accusations SCOMM leveled accusations protection, critics initially on equal Focusing Y -P. . 953 (1993); Charles R. Lawrence III, EV ’ EV OL OOR undocumented individuals are from Asia and 6% are from Europe and , only 2% deported were from Europe and Canada, are undocumented individuals are from Asia and 6% from Asia and 1% were from Europe and Canada. that 93% of those detained were male, while discrepancy is present when looking at sex, considering are female. 57% of undocumented people are male and 43% and the Origins of “The Id, the Ego, and Equal Protection,” and the Origins of “The Id, the Ego, and Equal Program (CAP) and 287(g) agreements). undocumented population at 77%, a 2011 study of 357 people who were identified for deportation and undocumented population at 77%, a 2011 study of them were Latinos. detained by SCOMM demonstrated that 93% “overrepresented in arrests.” “overrepresented other variables associated with the presence of undocumentedother variables associated with the immigrants, that influenced priority in program which suggests that the main factor activation was the presence of Latinos. Analysis of Demographics and Due Process a result of the program. 588 of race—as claimed critics SCOMM did—it of level the highest deserves judicial scrutiny. L R Lawrence III, targeted Latinos for enforcement.targeted Latinos for L. R P of SCOMM, which enforcement’sstate and local law likewise on relied led to marked policing, had previously engagement in immigration increases in Latino arrests. by suggesting that Latinos were “disproportionately impacted Latinos were “disproportionately by suggesting that by Secure Communities” county’s high Latino population and prioritization for early activation under population and prioritization for county’s high Latino SCOMM. remaingovernmental neutral law or a facially when confronting challenging impact. disparate racial practice with Now I See”: White Race Consciousness and the Requirement of Discriminatory Intent Now I See”: White Race Consciousness and correlation between racial profiling and immigration enforcement is not a feature unique to SCOMM. correlation between racial profiling and immigration Contextually, federal guidance in effect during the life of SCOMM permitted the use of race in immigration policing. 38800-mqt_100-2 Sheet No. 151 Side B 02/22/2017 09:25:38 02/22/2017 B No. 151 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 152 Side A 02/22/2017 09:25:38 , 158 Galarza v. v. Galarza United States v. Guidance for Federal , Know Your Rights: The 589 USTICE J note 170. T OF ’ infra EP (allowed the use of race and ethnicity in ,U.S.D , ACLU, https://www.aclu.org/know-your-rights- cases cited note 152, at 3. See IVISION After and county settled this ruling, the city D supra 161 IGHTS R Individuals complained process violations of due , ACLU (June 18, 2014), https://www.aclu.org/cases/immigrants- IVIL 163 note 18, at 698. A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM 162 , 745 F.3d 634 (3d Cir. 2014). supra ELETE D OT , 428 U.S. 543, 563 (1976), the Supreme Court permits “Mexican ancestry” to be , 428 U.S. 543, 563 (1976), the Supreme Court A federal district judge in Pennsylvania refused to dismiss refused to the judge in Pennsylvania A federal district N The Court found that the complaint The Court found reasonable supported a Lasch, O . at *16–17. 159 (D 160 , a United States citizen of Puerto Rican descent sued local police and local police and Rican descent sued of Puerto States citizen , a United . Id . Galarza v. Szalczyk .See DOCX 158. Kohli, Markowitz, & Cahvez, 159. Galarza v. Szalczyk, 745 F.3d 634 (3d Cir. 2014). 160. Galarza v. Szalczyk, No. 10-CV-06815, 2012 WL 1080020, at *17 (E.D. Pa. Mar. 30, 2012) 161 162 163 In addition to racial profiling concerns, critics also claimed profiling concerns, critics also In addition to racial that the -P. M K C Y OOR Szalczyk about by which was brought of his detention agent as a result an ICE SCOMM. inference that both officials would have treated Mr.inference that both Galarza if he differently of his intent because and thus acted with discriminatory were not Latino surname.ethnicity and Spanish equal protection counts against both the local police officer who contacted ICE against both the local police officer equal protection counts Galarzaafter arresting Plaintiff and the ICE agent who then issued the detainer. governments-100-mile-border-zone-map [https://perma.cc/WS9L-DJGB]. Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, , of Race, Law Enforcement Agencies Regarding the Use Gender Identity (Dec. 2014) Sexual Orientation, or http://www.justice.gov/sites/default/files/ag/pages/attachments/2014/12/08/use-of-race-policy.pdf [https://perma.cc/WS9L-DJGB] longer allows the use of race and ethnicity in internal immigration (no to law enforcement in the Customs and Border enforcement, but the Guidance does not apply Administration). Further, pursuant to Enforcement and the Transportation Security Martinez-Fuerte Patrol agents, whose jurisdiction extends 100 Border considered a factor in the immigration stops by of the U.S. population. miles inward and thus encompasses two thirds Government’s 100-Mile “Border” Zone-Map immigration enforcement); C Use of Race by Federal Enforcement Agencies (June 2003) Use of Race by Federal Enforcement Agencies 2016] program the Latino arrests of in pretextual to engage police local encouraged withpopulation the ultimate an immigration goal of initiating investigation. with experienced success Litigators this argument. For example, in L the claims and $95,000 respectively in damages paying $50,000 and attorney’s fees to Mr. Galarza. program’sforty-eight use of immigration to hold individuals for detainers hours—and in many beyond instances—violatedFifth the detainees’ Amendment Amendment due process rights and Fourth rights to be free from unreasonable seizures. because they were routinely not provided with copies of the Form-247copies of the with provided because they were routinely not immigrationwith detainers or any mechanism by which to challenge their reversed and remanded rights/galarza-v-szalczyk [https://perma.cc/BBV4-9YCR]. 38800-mqt_100-2 Sheet No. 152 Side A 02/22/2017 09:25:38 02/22/2017 A No. 152 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 152 Side B 02/22/2017 09:25:38 . M K note ONG C Y supra ., , C supra ERV ., S ANUEL ERV S The additional An immigration ESEARCH 168 169 .R ESEARCH or, in the immigration note 170. .R ONG However, opponents However, 167 note 94, at 11 n.75. In fact, the [100:565 [100:565 , C 165 ONG infra supra , C ., ANUEL M ERV ANUEL S cases cited See M Due Process and Temporal Limits on Mandatory Due Process and Temporal Limits on Mandatory ESEARCH see also See also 170 .R ONG L.J. detention more 363 (2014) (discussion of how immigration , C MARQUETTE LAW REVIEW MARQUETTE Farrin R. Anello, ASTINGS ANUEL note 18, at 698. It bears mentioning that government attorneys also note 18, at 698. It bears mentioning that note 18, at 696; note 7, at 1261. ) 2/16/17) 12:32 PM note 94, at 11. supra , 65 H supra supra ELETE see also D supra OT ., Further, Form Further, went language I-247’s multiple through versions, Fourth Amendmentdictates that an individual can jurisprudence N Lasch, Lasch, O . ERV 164 166 (D S . the Form I- As SCOMM was being rolled out across the country, this detainer language in . Id .See . See Id DOCX 167. Galarza 745 v. Szalczyk, 2014). F.3d 634, 639 (3d Cir. 168. Reno v. Flores, 507 U.S. 292, 306, 344 (1993) (“It is well established that the Fifth 169 170. Cacho v. Gusman, No. CIV.A. 11-225-SS, at 1 (E.D. La. Sept. 29, 2014) (One individual 165. Upon the inception of SCOMM, language in CFR Section 287.7(a) mandated that police 166 164 -P. ESEARCH OOR forty-eight hours of detention that were not based on the criminal detention that were not based on forty-eight hours of matter which desire for immigration contact, but instead on the caused initial police cause determination.investigation, required a new probable articulated due process concerns with the program. context, if there is probable cause to believe the individual is a noncitizen is probable cause to believe the individual context, if there the United States. and removal from subject to detention Immigration Detention language of the immigration detainer Form I-247 until 2010 stated clearly that “Federal regulations (8 language of the immigration detainer Form I-247 alien for a period not to exceed 48 hours (excluding C.F.R. § 287.7) require that you detain the provide adequate time for INS to assume custody of the Saturdays, Sundays, and Federal holidays) to alien.” M language became more permissive. 247 was changed in August of 2010 so that the note 94, at 23–25; Amendment entitles aliens to due process of law in deportation proceedings.” Also “Fourth Amendment requires judicial determination of probable cause as prerequisite to detention.”). 94, at 20–23; Stumpf, R 590 detention. L suggested that in all of their incarnations, these immigration detainers were immigration incarnations, these of their that in all suggested problematic issued in circumstances they could be because where DHS had immigrationsimply status, thus individual’s initiated an investigation into the circumventing Amendment the Fourth probable cause requirements for detention. generally violates due process). hours once they received notice that an immigration departments hold individuals for forty-eight detainer had been issued. M detainer did not provide the requisite probable cause because it was issued detainer did not provide the requisite simply from agent’s desire to investigate possible deportability. In an ICE of individuals being held significantly addition, there were egregious accounts the detainer. One person recounted being beyond the two days requested by held by the local jail for 164 days. as did the agency’s position on whether these detainers were mandatory detainers were on whether these agency’s position as did the or permissivelocal law enforcement. on state and held in governmentonly be arrested and to an existing warrant custody pursuant believe otherwise probable cause to cause or if there is supported by probable committedthat the person has or is committing a crime 38800-mqt_100-2 Sheet No. 152 Side B 02/22/2017 09:25:38 02/22/2017 B No. 152 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 153 Side A 02/22/2017 09:25:38 et 176 173 The 175 591 Roy v. Cty. of Los Angeles, 114 F. Supp. 3d 1030, Roy v. Cty. of Los Angeles, 114 F. Supp. 3d 1030, See also Jimenez v. Napolitano, No. 11-CV-05452, 2011 WLJimenez v. Napolitano, No. 11-CV-05452, 2011 3754359 In another case from Oregon, Plaintiff Miranda- In another case from 172 , 745 F.3d 634 (3d Cir. 2014). A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM . See also ELETE D OT N Galarza v. Szalczyk, No. 10-CV-06815, 2012 WL 1080020, at *17 (E.D. Pa. Mar. 30, O . at *1, 9–11 . . After additional two spending those weeks in jail due to the (D also recounted that the plaintiff was held in custody by police for a custody by police was held in that the plaintiff also recounted The District Judge refused to dismiss Judge refused The District concluding that those counts, 174 .Id .Id .See .Id 171 DOCX reversed and remanded 176 175 171. Complaint filed by Ernesto Galarza, Galarza v. Szalczyk, 510CV06815, 2010 WL 4822758, 172 173. Miranda-Olivares at *11– v. Clackamas Cty, No. 3:12-CV-02317-ST, 2014 WL 1414305, 174 Beyond the previously discussed equal protection claims,protection equal discussed the previously Beyond complaint the in -P. M K C Y OOR (E.D. Pa. filed Nov. 19, 2010). Oregon District Judge found that the prolonged detention, beyond the time found that the prolonged detention, Oregon District Judge Ms. Miranda-Olivares’ violated when the state judge ordered bail, Fourth Amendmentwas premised rights because it upon an immigration detainer whichmerely indicated that “DHS had initiated an investigation.” (N.D. Ill. filed Aug. 11, 2011) (alleging Fourth, Fifth, and Tenth Amendments violations); Brizuela v. (N.D. Ill. filed Aug. 11, 2011) (alleging Fourth, Feliciano, No. 3:12-CV-00226 (D. Conn. filed Feb. 19, 2013) (alleging Fourth and Tenth Amendment violations); Bernabe v. Kronberg, No. 1:10-CV-22829-JAL, (S.D. Fla. filed Aug. 5, 2010) (alleging violations of Fourth, Tenth, and Fourteenth Amendment rights); Cote v. Lubins, No. 5:09-CV-00091- WTH-GRJ Feb. 23, 2009) (alleging Fourth and Tenth Amendment rights violations); (M.D. Fla. filed Ocampo v. Gusman, No. 2:10-CV-04309-SSV-ALC (E.D. La. filed Nov. 12, 2010) (alleging Fourth, (N.D. Tenth, and Fourteenth Amendment rights violations); Villars v. Kubiatowski, No. 12-CV-4586 Amendment rights violations); Jimenez Moreno Ill. filed May 5, 2014) (alleging Fourth and Eighth 1033 (C.D. Cal. 2015) (Held 89 days.); Quezada v. Mink, No. 10-CV-00879-REB-KLM, 2010 WL1033 (C.D. Cal. 2015) (Held 89 days.); Quezada days.); Miranda-Olivares v. Clackamas Cty, No. 3:12- 4537086, at *1 (D. Colo. Nov. 3, 2010) (Held 47 CV-02317-ST, 2014 WL 2014) (Held 67 hours.); Uroza v. Salt Lake 1414305, slip op. (D. Or. Apr. 11, Cty., No. 2:11CV713DAK, 2013 WL 653968, at *1 (D. Utah Feb. 21, 2013) (Held 36 days.); for Writ and Injunctive Relief filed by Brizuela, of Habeas Corpus and Complaint for Declaratory (D. Conn. Feb. 13, 2012) (Held 3 days at time habeas Brizuela v. Feliciano, No. 3:12-CV-00226-JBA 5:11-CV-30-OC-10TBS, 2011 WL 6004081, at *1 (M.D. corpus petition filed.); Cote v. Borders, No. Fla. Dec. 1, 2011) (Held 8 days.). 2012) 13 (D. Or. Apr. 11, 2014). Galarza period of three days after posting bail and claimed three days after period of to the police’s refusal that Amendment of his Fourth amountedrelease him to violations and due process rights. Olivares was held in a county jail for fourteen days, and her family in a county jail for fourteen days, Olivares was held was informed would that she not be released because of an immigration detainer. Her family’s attempts to pay her bail wereafter her arraignment refused and after her criminal hours days and nineteen again during the fourteen sentence served. held 164 days and another held 91 days.). 2016] L immigration detainer, she was taken into ICE custody and deported. she was taken into ICE custody immigration detainer, the immigration detainer did not coincide withthe immigration cause that Mr. probable did not coincide detainer Galarza or a manner that he was held without proper notice was deportable, and in which to challenge his detention. 38800-mqt_100-2 Sheet No. 153 Side A 02/22/2017 09:25:38 02/22/2017 A No. 153 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 153 Side B 02/22/2017 09:25:38 M K 182 C Y supra 177 180 does Rawls provide note 47, at 767. supra IBERALISM [100:565 [100:565 L . at 768. Prof. Nickel finds this not only Id However, critics claimed that OLITICAL 183 nor P note 12. security.” supra USTICE J In other words, an individual’s right to have the In other words, an individual’s right protect 181 . at 768 (internal quotation marks omitted). note 21, at 64. Id MARQUETTE LAW REVIEW MARQUETTE supra , No. 3:12-CV-02317-ST at *1. HEORY OF ) 2/16/17) 12:32 PM Opponents of SCOMM claimed the program endangered 179 ., No. 11-CV-05452, 2014 BL 271979 (N.D. Ill. Sept. 30, 2014) (alleging Fourth, ., No. 11-CV-05452, 2014 BL 271979 (N.D. Ill. ELETE Part III. D OT et al N President Barack Obama, O He does include as components He does include the right to be of this basic liberty . at 768–69. (D 178 . See infra .See .Id . Miranda-Olivares DOCX psychological oppression and from physical attack or dismemberment. and from physical attack or psychological oppression 180. Strunk & Leikner, 181. Professor of James W. Nickel would disagree and instead asserts that Rawls 183 179 182 177 178. Neither in A T Some may read a right to be protected by law enforcement into the right to Thus, litigation and accompanyingThus, litigation SCOMM critiques against on focused whichthe basic liberty he termsRawls does little to define to the “integrity -P. v. Napolitano OOR b. of right to be free from to integrity of the person: violations Basic liberty i. Right to be free from physical attack as a right to public safety. be free from physical attack. free from oppression and from psychological physical attack or dismemberment. According to the administration,SCOMMrationale behind the was to focus enforcement efforts on the removal of dangerous criminal aliens who were a top immigration enforcement priority. al. 592 OregonThereafter, pre-trial settlement a County offered Ms. and paid Miranda- $30,000 in damagesOlivares and costs. in attorney’s fees and $97,000 L Fourth Amendment, protection claims equal due process, and that amounted to basic liberty of Rawls’ alleged violations from to be free arbitrary arrest. person.” government for her physical security. A criticism provide protection of SCOMM on this ground may seem since the Obama counterintuitive administration the program initially hailed as increasing public safety. the public safety of immigrantthe public safety communities that lived among and those them immigration enforcement threat of and infused the oppressive throughout their daily lives, thus implicating anintegrity. individual’s personal wrongfully omitted what Nickel terms as “security rights” from his list of basic liberties. Nickel, wrongfully omitted what Nickel terms as “security account for the individual’s needs for physical problematic but contra-intuitive since Rawls’ does “not to injure, not to harm the innocent, and not security when stating that persons have a natural duty to cause unnecessary suffering.” note 47, at 767–70. Thus Nickel argues that Rawls’ basic liberties do not “provide an adequate account note 47, at 767–70. Thus Nickel argues that Rawls’ basic liberties do not “provide an adequate of a government’s responsibility to explanation of the principles contained within this basic liberty. Nickel, explanation of the principles contained within Fifth, and Tenth Amendment rights violations). 38800-mqt_100-2 Sheet No. 153 Side B 02/22/2017 09:25:38 02/22/2017 B No. 153 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 154 Side A 02/22/2017 09:25:38 593 supra Moreover, . at 149. 188 . at 148–49. These Id . (2010). 1609, 1612 Id . 3, 3 (May 2013). EV That prediction That prediction HI 187 C 186 .L.R AT A . P LL I Tensions and Trade-Offs: Protecting OF U. , 158 U. Y ’ OL .&P Immigration, Crime, and Victimization: Rhetoric and Immigration, Crime, and Victimization: Rhetoric note 186, at 1886–87. LAN .P RB . 141, 147 (2012). Zazt and Smith argue that immigrants need U CI . 1827, 1886 (2007). .S T OF EV ’ OC Unsecured Borders: Immigration Restrictions, Crime Control and Unsecured Borders: Immigration Restrictions, EP .L.R A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM L. & S , 3 D ONN . at 147–50. Immigrant day laborers are often victimized by their employers OF . ELETE Id In a 2012 survey, Latinos, including citizens, responded that In a 2012 survey, Latinos, including D Unsecured Borders, supra EV The 2009 report warned that SCOMM The 2009 report would pose a risk to Early in the rollout of SCOMM,in the rollout of Early Police a report by the , 39 C 189 OT .R N 184 185 O . . It is important to note however that the problem of immigrant reluctance to initiate . It is important to note however that the problem (D NNU .Id .Id Jennifer M. Chacón, , 8 A DOCX 189. 85% of immigrant families are of mixed- Researcher Nik Theodore explains that since 185 186 184. Nik of Police Involvement in Insecure Communities: Latino Perceptions Theodore, 187. Chacón, 188. Marjorie S. Zatz & Hillary Smith, On the issue of immigrant fear of police, sociologists Marjorie and Zatz -P. M K C Y OOR status, “the family and community dynamics that are set in motion by state and local law enforcement’s status, “the family and community dynamics that are set in motion by state and local law enforcement’s involvement in immigration policing affects immigrants and non-immigrants alike.” Theodore, laborers are also at increased risk for theft and violent assaults by other workers. note 184, at 3, 5–6. See also National Security Hillary Smith suggest that “areas of [immigrant] vulnerability . . . are intensified by aggressive anti-immigrant laws and enforcement practices.” public safety by having “a chilling effect on immigrantpublic safety by having [with cooperation the police]. . . . Without this cooperation, law enforcement will have difficulty successfully prosecuting criminals.”apprehending and Foundation foresaw that collaboration between local police and federal local police collaboration between foresaw that Foundation immigration authorities would damage law enforcement’s with relationship the community. 2016] SCOMM became an impedimentimmigrants caused because it safety to public which police interaction, to fear any as potentially leading they perceived to deportation. L police contact has been a persistent one in the context of all crime and did not begin with SCOMM. context police contact has been a persistent one in the phenomenon in the context of human trafficking, Professor Jennifer Chacón has discussed this other crimes because “they wage theft and to report explaining that immigrant workers are less likely can result in protracted immigration detention, criminal know that [their] efforts to seek legal recourse M. Chacón, prosecution, and, of course, removal.” Jennifer Enforcement Trafficking Victims in the Era of Immigration this chilling of the relationship betweenthis chilling of the its constituency may the police and have extended beyond just immigrants immigrants not isolated within since are cities and towns but instead live within mixed-status families and relationships. to be able to access police because immigrants are often vulnerable to crime at work, home, and in to be able to access police because immigrants their communities. who may engage in wage theft or even physical violence against their workers. Immigration Enforcement local police entanglement with immigration enforcement decreased their and report crimeslikelihood to initiate police contact against themselves or proved accurate as immigrantproved accurate as communities became crimes reticent to report or even where either others they themselves were victims. Reality 38800-mqt_100-2 Sheet No. 154 Side A 02/22/2017 09:25:38 02/22/2017 A No. 154 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 154 Side B 02/22/2017 09:25:38 . M K 190 194 UST C Y .J Insecure OC [100:565 Critics J. S 191 EATTLE , at 349–50. In addition, , 10 S As willbe discussed supra 193 Radha Vishnuvajjala, Scholars have suggested that the have suggested Scholars The survey findings were that “[f]orty-four . 192 at 5 . at 350; see also note 188, at 149. This initial arrest thus could result note 188, at 149. This initial arrest thus could Id Id note 21, at 73. supra supra ¡Silencio! Undocumented Immigrant Witnesses and the Right to MARQUETTE LAW REVIEW MARQUETTE . at 6. Zatz & Smith, note 184, at 4–5. Surveyed Latinos included both authorized and note 184, at 4–5. Surveyed Latinos included Id & Chapin argued that the immigrant L. 119, 121 (2011). Further, Prof. note 184, at 9 (“45 percent of respondents agreed that criminals and drug note 184, at 9 (“45 percent of respondents agreed ) 2/16/17) 12:32 PM . 185 (2012). ACE supra Strunk & Leitner, supra UST ELETE see also D .J Insecure Communities: Examining Local Government Participation in U.S. Insecure Communities: Examining Local See . at 122. .J.R OT OC Id N ICH O (D J.L. & S DOCX 192. initiate contact with police are in a Undocumented domestic violence victims who 191. Theodore, 190. The with 2004 Latinos in was conducted by randomized telephone interviews 2012 survey 193. Professor the pros and cons of calling the police Chapin declares that “[a] simple analysis of 194. Advocates turned the program’s name on its head by labeling it “insecure have Critics eventually termedCritics eventually the program communities.” “insecure -P. OOR unauthorized immigrants, as well as citizens. less likely to contact police officers if they have been the percent of Latinos surveyed reported they are to will use this interaction as an opportunity officers victim of a crime because they fear that police of the people they know”; this percentage jumped to inquire into their immigration status or that while “28 percent of US-bornseventy percent when the responder was undocumented, Latinos expressed the same [fear].” because they know that residents are afraid to report dealers have been moving into their neighborhoods are more involved in immigration enforcement.”). them to law enforcement officers because police be arrested as the “primary aggressor” or in a precarious situation since they may wrongfully those involved in the domestic violence incident. all jurisdiction where police have a policy to arrest Rachel R. Ray, Communities” Program Immigration and Customs Enforcement’s “Secure victims of domestic violence may likewise be threatened by their abusers with calls “to ICE or the victims of domestic violence may likewise be police as a method of further victimization.” in the lodging of an immigration detainer pursuant to SCOMM. Ray, in the lodging of an immigration detainer Opponents of SCOMM to data indicating substantiated this position by pointing 594 to this opportunity use would law enforcement that of concern because others the immigrationinvestigate and family.reporter or her friends the status of increased crime also reported Responders their neighborhoods. in L witnesses of crimes should adopt “an organized commitment to silencecivil . . . as a form of disobedience.” cost-benefit analysis of initiating police contact led the rational member of initiating police contact led the cost-benefit analysis of the immigrant community her detention and removal who did not want to risk or to avoid any police interaction. that of her loved ones further suggested that this fear to initiate police contact was to initiate police that this fear further suggested mostamong severe women victimized by domestic violence. in Section B of this Part, police and politicians pushed back against SCOMM Part, police and politicians pushed in Section B of this public safety concerns. as a result of such Cook county, Illinois, Harris county, Texas, Los Angeles county, California, and MaricopaHarris county, Texas, Los Angeles county, California, Cook county, Illinois, county, Arizona. Theodore, Communities: How an Immigration Enforcement Program Encourages Battered Women to Stay Silent, Communities: How an Immigration Enforcement 32 B.C. 327, 349–50 (2011); Silence, 17 M will most certainly lead undocumented immigrant witnesses to concludewill most certainly lead undocumented immigrant that reporting a crime to local officials . . . . Such costs are unthinkable for police will place them in the crosshairs of immigration received from involving the police in solving or most, and will indisputably outweigh any benefit stopping crimes.” Violeta R. Chapin, communities” and further challenging that removal of undocumented immigrants will make the of undocumented immigrants will communities” and further challenging that removal community safer. 38800-mqt_100-2 Sheet No. 154 Side B 02/22/2017 09:25:38 02/22/2017 B No. 154 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 155 Side A 02/22/2017 09:25:38 The See also There 197 195 . at 74–75. Id This focus fostered 595 198 (11th ed.), http://www.merriam- note 184, at 3 (alteration in original). ICTIONARY supra D S note 12. ’ note 94, at 2. DHS agency data reports that one quarter of note 94, at 2. DHS agency data reports that one supra EBSTER supra note 21, at 69 (referencing field notes from a September 2010 note 21, at 69 (referencing field notes from -W ., ERV supra 196 S ERRIAM A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM Observers noted specifically that the efforts that DHS Observers noted specifically that 199 , M ELETE D ESEARCH OT .R N President Barack Obama, O ONG (D , C . Oppression .See DOCX 197 196. Strunk & Leitner, 199. Professor the immigration and criminal prosecution Ingrid V. Eagly discusses this merger of 198 195. Data ICE’s statistic in August collected in 2010 and 2011 demonstrated this. In particular, Legal scholars have generally explored how the lines have been blurred Legal scholars have generally explored Again, withinthe person, Rawls neglected the basic liberty of integrity of -P. M K ANUEL C Y OOR Washington, D.C., Wilson Conference on 287(g) and Secure Communities). Center M was evidence that, in practice, ICE was deporting any undocumented ICE was deporting that, in practice, was evidence immigrant it came SCOMM with through into contact its stated of focusing on instead enforcement priorities. those removed did not have any criminal conviction. A study in Miami-Dade County, a county with a A study in Miami-Dade those removed did not have any criminal conviction. of those targeted by the program were high- 18 percent high immigrant population, “found that only of removals [deportations] are individuals who priority risks to public safety, and that ‘the majority pose little or no risk to public safety.’” Theodore, systems at length and explores how the criminal prosecutor prosecuting the noncitizen can utilize more systems at length and explores how the criminal prosecutor prosecuting the noncitizen can utilize and lenient civil immigration enforcement tools available to ICE agents to obtain a criminal conviction seek how the criminal justice system can act as the immigration screener when criminal prosecutors result in pleas that waive immigration relief or alternatively obtain convictions for crimes which webster.com/dictionary/oppression [https://perma.cc/G3J9-9KUM]. an environment where immigrant status became analogous with criminality and thus amounted to psychological oppression. between immigration and criminalmagnified enforcement and the governmental power that results from this interaction as the two systems borrow from each other. ii. free from Right to be psychological oppression right to be free fromto further define the oppression. psychological Webster’s exercise of authority oppression as both an “unjust or cruel Dictionary defines body or mind.” sense of being weighed down in or power” and “a 2016] that most SCOMM to pursuant and removed detained of those were individuals without criminal records or otherwise convictions. low-level minimal L immigrant’s the target of regular law position as enforcement heightens the immigrantperception of the “Other” and amounts to threatening as the of the immigrantpsychological oppression is individual or anyone who intent and consequence the Specifically, to that group. perceived as belonging of SCOMM was to make state and local citizenship status a relevant inquiry for law enforcement local jails detention of individuals in it warranted the such that and state resources. and therefore the expenditure of local of 2011 showed that “60% of immigrants processed through the program [SCOMM]of 2011 showed that “60% of immigrants processed were guilty of never charged with a crime.” committing a misdemeanor offense or were 38800-mqt_100-2 Sheet No. 155 Side A 02/22/2017 09:25:38 02/22/2017 A No. 155 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 155 Side B 02/22/2017 09:25:38 M K 202 , 58 ARY C Y and . 1281 203 EV note 14. .&M M . 1339 (2013) supra EV , 21 W .U.L.R The Discretion that W L. R Local Fragmentation as ARY , 104 N At times, the federal .&M . 13 (2008) (discussing state and 201 M [100:565 [100:565 W note 93. UST &J , 54 supra . L. 357 (2002). ACE M R .A . 493 (2001) (discussing the state’s ability to deny . 493 (2001) (discussing the state’s ability to deny EV This move predictable considering was URV Prosecuting Immigration ENDER .S L. R 200 1260; Department of Homeland Security, Public Benefits and Federal Authorization for Alienage Public Benefits and Federal Authorization for J. G NN . 367 (2010) (discussing zoning ordinances and their use to ). A 12 EV No Brown Towns: Anti-Immigrant Ordinances and Equality of No Brown Towns: Anti-Immigrant Ordinances Laboratories of Bigotry? Devolution of the Immigration Power, Laboratories of Bigotry? Devolution of the Immigration The Transformation of Immigration Federalism The States of Immigration note 7, at .LR Nevertheless, DHS’s power reached new heights in Nevertheless, DHS’s , 76 N.Y.U. MARQUETTE LAW REVIEW MARQUETTE 205 . Motomura Furthermore, warned that if the initial arrest decision OUS Ingrid V. Eagly, Id supra , 58 N.Y.U. ) 2/16/17) 12:32 PM See Rick Su, , 47 H Howard F. Chang, ELETE Part III. D Stumpf, Moreover, of regular law the training and deputation Arizona v. United States OT N 204 see also . 1819, 1822 (2011). This results in state and local police making decisions regarding . 1819, 1822 (2011). This results in state and Michael J. Wishnie, Jennifer M. Chacón, Tom I. Romerom II., Press Release, Dep’t of Homeland Security, O . shape immigration J. 577 (2012) (discusses how state and local authorities will (D EV TS See also R .See .See .See . See supra .See . See generally L. R DOCX 202 204 203 205 200 201 -P. . concerns were well-founded as SCOMM did at 1851–52. We that Motomura’s can now see that ILL OF OOR not specifically target violent and dangerous criminals, the administration’s purported removal not specifically target violent and dangerous priorities. SCOMM law the tools of local and state as it deployed enforcements in its and removeefforts to detain immigrants—even without state and local Immigration Regulation local anti-immigrant housing, zoning, and employment ordinances); Rick Su, (arguing that states effectively shape immigration restriction, instead of the federal government). (arguing that states effectively shape immigration Equal Protection and Federalism enforcement post individuals public benefits based on the Personal Responsibility and Workindividuals public benefits based on the Opportunity Act (PRWORA)); immigration enforcement. wheels of civil removal proceedings in motion, the continues to be the discretion that matters in setting programs like SCOMMarrest capabilities for any state or local infraction would result in with broad removal decision based simply on that initial contact. these local and state actors making the ultimate Id Discrimination by the States enforcementimmigration as officials through 287(g) agreements was certainly a precursor to SCOMM. B mandatory deportation. target immigrants). 596 enforcement in the energy police amassed of state local and in garnering immigration law were impressive. Other times, have initiated their own states and localities or efforts to regulate exclude immigrants form in the of anti-immigrant housing ordinances L that immigration enforcement been commingling has increasingly federal and local government. that of the state power with (2010). Professor Motomura further exposed how the original decision of police to arrest is the (2010). Professor Motomura further exposed is the initial contact that can lead to civil immigration “discretion that matters” because that arrest prosecution. Hiroshi Motomura,proceedings, even if there is no resulting criminal and Local Arrests, and the Civil-CriminalMatters: Federal Immigration Enforcement, State Line UCLA state laws until immigration mandating can be status of individuals detention determined. Educational Opportunity for Latina/os, government the in either complicit has been state participation or encouraged of the immigrant expressly permitting population, such as states on immigration to deny welfare benefits based to decide whether status. 38800-mqt_100-2 Sheet No. 155 Side B 02/22/2017 09:25:38 02/22/2017 B No. 155 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 156 Side A 02/22/2017 09:25:38 211 213 This labeling 212 597 note 21, at 64. This criminalization of . Some explain that this inverse supra Id 208 As a matter of fact, there is an note 93. Hodgers-Durgin v. de la Vina, 199 F.3d . at 145. 209 Id supra note 21. Strunk & Leitner, 210 supra After the program’syear, then DHS first 206 See also note 188, at 142. overruled on other grounds by supra . at 144 (internal quotation marks omitted). While others suggest that it Id note 119. A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY . Whereas for immigrants, in places that have been traditional destinations ) 2/16/17) 12:32 PM note 186, at 603. Strunk & Leitner, Id ELETE supra D supra . at 143–45. In areas where immigrants have not historically migrated, immigration . that the latter may be a result of police labeling of at 145. However, it is possible OT Id N Id 207 Hing, Zatz & Smith, O When discussing the construction of the undocumented immigrant as the threatening . Studies demonstrate that whether immigration has any effect on crime varies depending . Studies demonstrate that whether immigration (D . The only area of crime that studies suggest may increase with more immigrants is gang- . The only area of crime that studies suggest . See generally .Id. .Id .See .See Id DOCX 212 213 211. However, entry into the United States is a federal crime pursuant to 8 U.S.C. § 1325. Illegal 210 208 207. Press Release, Dep’t of Homeland Security, 209 206. Chacón, Scholars observed that SCOMMScholars observed was perhaps among the most powerful and Despite fact that illegal presence is not a crime, this data and the -P. M K C Y OOR 1037 (9th Cir. 1999). illegal presence is only a civil immigration violation but not a crime. Gonzales v. City of Peoria, 722 but not a crime. Gonzales v. City illegal presence is only a civil immigration violation F.2d 468, 476 (9th Cir. 1983) the creation of a dangerous Other to foster Other, Strunk and Leitner explain how biopolitics requires relationship may be due to new immigrants bringing new life to communities by establishing ties with relationship may be due to new immigrants bringing non-kin persons like clergy, social service providers, to other immigrants in the locale, as well as “to generate likely lead to an infusion of social control and school officials. Such ties and the trust they and reductions of crime.” may be a result of strong family ties among immigrants. crime as gang-related simply due to immigrant presence. crime as gang-related simply due to immigrant has no effect on crime. homicides, violent crime, and adolescent including immigration has an adverse relationship with crime, crime. related crime. effective tools in criminalizingeffective tools in immigrant life in the United States, equating alienage with criminality and often terrorism. of immigrants as dangerous by media and politicians has fueled “campaigns for more immigration restrictive law enforcement” such as SCOMM. immigrant is incongruous with identity the generally demonstrates data that between immigrantseither no link and crimeunder certain or that circumstances immigrantsmay reduce crime. mechanisms such as SCOMM paint the immigrant as permanently criminal and an existing threat to American society and prosperity. values, 2016] agreement remarked Chacón Jennifer Professor all jurisdictions. and across that SCOMM “dwarf[ed] states and localities efforts to involve all other prior in immigration enforcement.” L inverse relationship between the influx of immigrants between the influx inverse relationship to a new region and crimeparticularly violent social scientists have suggested that such that certain “immigration may be the most important the decrease in U.S. factor explaining violent crime rates in recent years.” Secretary NapolitanoSecretary a “force partnerships its federal–state/local called multiplier.” on the location. 38800-mqt_100-2 Sheet No. 156 Side A 02/22/2017 09:25:38 02/22/2017 A No. 156 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 156 Side B 02/22/2017 09:25:38 M K C Y supra [100:565 . at 673–74. Id . at 166. The perceived dangerous The perceived dangerous 215 note 188, at 142 (internal quotation 159, 168 (2012). Y ’ SCOMM provided wide discretion OL 218 217 note 139. Professor McKanders argues that state and note 139. Professor McKanders argues that 34 L. & P , supra . L.J. 643, 673 (2014). Professor Maddali remarks that the note 21, at 64. ND note 21, at 64. I In other words, SCOMM the risk of did not situate The Immigrant “Other”: Racialized Identity and the Devaluation of MARQUETTE LAW REVIEW MARQUETTE The “Local” Migration State: The Site-Specific Devolution of As state and local law enforcement As state and local are mandated to supra 219 , 89 216 Nevertheless, not linear, but relationship is likely this ) 2/16/17) 12:32 PM 214 ELETE Part IV.A.2. D . at 65. When federal and discussing anti-immigrant legislation and enforcement at OT Id N O (D . See infra DOCX 218. Anita Ortiz Maddali, 217. been characterized as the Latino In connection to Hispanics, this rhetoric has previously 219. Mathew Coleman, 214. Strunk & Leitner, supra 215 216. Strunk & Leitner, Adding to this framing of immigrants is potentially racialized nature of the Since SCOMMa vacuum, does not exist in its framing effect likely -P. OOR local anti-immigrant legislation is comparable to Jimlocal anti-immigrant legislation is comparable Crow regimes in that both demonstrate the law can have on social norms.” Id “amplification and legitimization effect that the Immigrant Family Relations marks omitted). See also McKanders, Immigration Enforcement in the U.S. South threat narrative which “is part of a grand tradition of alarmist discourse about immigrants and their threat narrative which “is part of a grand tradition & Smith, supra perceived negative impacts on society.” Zatz instead circular. Public opinion and government Public opinion instead circular. other such action feed each of immigrantsthat the perception criminal as the creation of facilitates programs SCOMM like that in turn facilitate the view that immigrants are the enforcementproper target for law criminal. and thus combination of federal immigration enforcement, public anti-immigrant sentiment and these state and combination of federal immigration enforcement, public anti-immigrant . into not local anti-immigrant initiatives transform “the identity of the undocumented immigrant . . only a violator of immigration laws, but also a criminal and culturally deviant person.” immigrant is nonwhite, namely Latino or Muslim, and the “implicit object[ ] of suspicion and threat.” the feeling of insecurity and resulting fear which in turns “mobilize[s] support for regulatory the feeling of insecurity and resulting fear interventions.” in response to immigration “politicians and the media state and local level, Zatz and Smith state that dangerous racialized others. This moral panic, in continue to fuel moral panic, inciting fears about restrictive immigration policies.” Zatz & Smith, turn, has contributed to a substantial increase in note 188, at 145. 598 SCOMM called Leitner and Helga Strunk Christopher Sociologists “the latest programs of federal-local partnership instance to protect that are supposed American citizens from pushing enforcement Other by the dangerous inward from the borders.” L to local police to act as immigration enforcers, thus creating an environment the during her immigrant and thus fear of deportation is unable to escape the risk regular daily activities. aggregates with the existing state and local anti-immigrantaggregates with the existing state and some legislation that suggest “seeks to make life so prohibitive for [the] undocumented immigrant[] that [she] will presumably self-deport.” capture and hold immigrants, immigrants perception of this alarmist of color is legitimized into broader social norms. these perspectives and resulting racialized practice. these perspectives 38800-mqt_100-2 Sheet No. 156 Side B 02/22/2017 09:25:38 02/22/2017 B No. 156 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 157 Side A 02/22/2017 09:25:38 . Id 223 In 225 220 , (Jan. 30, , (Nov. 16, OST .P ASH NSTITUTE Part IV.B. I Y That legislation , W ’ OL 224 599 P The last time that See infra 221 IGRATION . IRCA had other important provisions Id , M , (Nov. 26, 2014), OST .P ASH Since then, other attempts Since then, other relief have failed. at this How Immigration Reform Failed, Over and Over . A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM ,W 222 What Happened to the Millions of Immigrants Granted Legal Status Under What Happened to the Millions of Immigrants ELETE Anniversary, IRCA’s Legacy Lives On D th OT N O . . . at 184. Coleman further supports this point by arguing that when any routine contact . at 184. Coleman further supports this point (D At Its 25 . See generally id .Id .Id .Id DOCX 225. Control Act of 1986, Pub. L. No. 99-603, § 201, 8 U.S.C. § 1255a Reform and Immigration 223 224 222 220 221. Rachel Weiner, The harm that anti-SCOMM to remedy activists sought through civil -P. M K . harbor would During the time of SCOMM, a possible safe be if the immigrant resided in a C Y OOR Ronald Reagan? Congress provided the undocumentedCongress provided citizenship was population a pathway to three decades ago. (2015); Emily Badger, which troubled some immigrant supporters. These included employer sanctions for hiring & Claire undocumented workers and increases in border security. Muzaffar Chishti, Doris Meissner Bergeron, https://www.washingtonpost.com/news/wonk/wp/2014/11/26/what-happened-to-the-millions-of- immigrants-granted-legal-status-under-ronald-reagan/ [https://perma.cc/V3H2-MKSN]. IRCA did not apply to immigrants who entered the country after 1982. 2013), http://www.washingtonpost.com/news/the-fix/wp/2013/01/30/how-immigration-reform- failed-over-and-over/ [https://perma.cc/G3J9-9KUM]. Thirty years ago, the ImmigrationThirty years ago, Reform Act (IRCA) was passed and Control Ronald Reagan. by Congress and signed by President 2016] immigration enforcement with interactions during or location in a specific with authorities specific federal limited likely has individual which contact, the present as the immigrant and continually was instead ever but this risk moved life. Geopoliticsthrough her Mathew Professor Coleman that SCOMM states immigration“shift[ed] the immigrant policing into everyday populations’ in no respite or safe harbor fromspaces” thus resulting deportation fear. L provided a pathway for undocumented who were longtime people residents of the United States and certain agricultural workers to legalize their status. 2011), http://www.migrationpolicy.org/article/its-25th-anniversary-ircas-legacy-lives 2. attempts Previous process to correct injustice through political and removal of the the widespread targeting, oppression, disobedience was undocumentedpopulation. Prior attempts remedy to this harm through proved consistently unsuccessful. legalization had with local police becomes a risk for serious immigration consequences, “the spaces of immigrant social with local police becomes a risk for serious immigration immigration enforcement. . . . The point then is that reproduction [become] ground zero for interior . . . toprograms like . . . Secure Communities work generate insecurity—namely, the ever present threat of detention and deportation—foras a result, increasingly undocumented populations who are, from the society in which they nonetheless labor.”structurally cut off in social reproduction terms Furthermore, in terms of numbers of removals, SCOMM was an effective removal tool and, for Furthermore, in terms of numbers of removals, of deportations than the now disfavored worksite raids. example, resulted in a much greater number Id to opt out of SCOMM. jurisdiction that refused to cooperate or sought 38800-mqt_100-2 Sheet No. 157 Side A 02/22/2017 09:25:38 02/22/2017 A No. 157 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 157 Side B 02/22/2017 09:25:38 M K C Y OLICY , CNN P 96, 100 IGRATION NCLUSION Under IRCA, I IRCA allowed IRCA allowed note 21, at 104–06. M 230 226 supra , 231 [100:565 [100:565 OBBYING FOR see also Key Immigration Laws and AVARRO ,L N ONG While Donald Trump won his W This is despite estimates that over (ADAA) which created the category (ADAA) which created the category 228 See also 232 AROLYN C note 227. See also supra , MARQUETTE LAW REVIEW MARQUETTE While in the 1980s opening an avenue to legalization Part IV.A. note 225, at 100 (2006). note 6, at 235. Donald Trump promises ‘deportation force’ to remove 11 million Donald Trump promises ‘deportation force’ 227 ) 2/16/17) 12:32 PM note 225. note 225, at 97. While the aggravated felony category initially affected few supra supra undocumented immigrants in the United States and the reside , 235 , ELETE D supra supra 233 (Mar. 2013), http://www.migrationpolicy.org/research/timeline-1986 (Mar. 2013), http://www.migrationpolicy.org/research/timeline-1986 , ONG OT 225. Presidents Carter and ultimately Presidents Carter legalization to Reagan supported N W O ONG 229 . at AVARRO (D On the contrary, federal legislation has made life increasingly hostile . See generally infra .See . Key Since 1986, Immigration Laws and Policies Developments .Id 234 DOCX 231. Badger, 232 233. N 228 230. W 229. Tom LoBianco, 226. 8 U.S.C.A. § 1101 (West, Westlaw through Pub. L No 114-165). 227 234 235. Anti-Drug Abuse Act of 1988, 8 U.S.C. § 1228 (2012); Since 1986, immigrant advocates, whetherpoliticians or interest groups, -P. OOR NSTITUTE Policies Developments Since 1986 presidential campaign partly on his promise to deport eleven million “illegals,” avoid “fostering a large ‘shadow’ [immigrant]avoid “fostering a population.” have experienced no successes in enacting legislation providing a road to LPR legislation providing a road to have experienced no successes in enacting status for the undocumented population. [https://perma.cc/G5QF-DU8K]. was controversial, there were still no serious calls for widespread deportations of undocumented immigrants like today. noncitizens since these crimes were first limited to murder, firearms, drug and growing 10.8% Latino electorate now constitutes the country’s eligible of voters. 2.7 million their status. people successfully legalized twelve million (Nov. 12, 2015), http://www.cnn.com/2015/11/11/politics/donald-trump-deportation-force-debate- immigration/ [https://perma.cc/GW9X-SP8W]. (2006). [https://perma.cc/RZD7-ZFHW]. I 600 immigrationthe means the of changing process the legalization context, immigration an undocumented status of immigrant such a to a lawful status legal permanent (LPR). A resident LPR is able to lawfully remain and work in the Unitedbecome apply to States and eventually a citizen. L undocumented immigrants United States four years in the had lived for who somecontinuously and agriculture for who had already worked in individuals ninety days or who were willing to do agricultural work for several seasons to apply for LPR status. of aggravated felony and mandated that noncitizens convicted of those crimes noncitizens of aggravated felony and mandated that were deportable. for the immigrant over the past three decades. Just two years after IRCA, Act Congress passed the Anti-Drug Abuse 38800-mqt_100-2 Sheet No. 157 Side B 02/22/2017 09:25:38 02/22/2017 B No. 157 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 158 Side A 02/22/2017 09:25:38 , 240 See 601 . L.J. RB U V]. (Mar. 2012), ORDHAM A View Through the , 39 F and the Personal and the Personal 239 its passage in California 244 Congress has expanded the expanded has Congress . L.J. 657, 657 (1998). 236 (Jan. 9, 2014), MMIGR .I note 221. that lead to mandatory that lead deportation. EO 238 supra ROGRESS Aggravated Felonies: An Overview , 12 G Welfare Reform and the Meaning of Membership: Welfare Reform and the Meaning of Membership: , ENTER C .P Thus “non-violent, fairly trivial misdemeanors fairly Thus “non-violent, are M PRWORA, otherwise known as the welfare act, A 237 241 5 Major Immigration Laws that the House Passed in an Election Year 5 Major Immigration Laws that the House Passed note 240, at 659–60. OLICY note 21, at 134–39. P A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM League of United Latin American Citizens, et al. v. Wilson, 908 F. Supp. 755 supra , ELETE D Lauren E. Moynihan, note 225, at 135–36; Weiner, Although most of Proposition 187 were provisions eventually OT N 243 The antecedent to the federal anti-immigrant legislation might see also O ; . Marks & Hon. Denise Noonan Slavin, (quoting Hon. Dana Leigh supra AVARRO 242 (D MMIGRATION , See also .Id .Id. ONG DOCX 241. Philip E. Wolgin, 238 236. Anti-Drug Abuse Act of 1988, 8 U.S.C. § 1228 (2012). 237. I 244 242. Moynihan, supra 243. N 239. Immigrant Responsibility Act of 1996, Pub. L. No. 104– Immigration Reform and Illegal 240. Personal Responsibility and Work Opportunity Reconciliation Act, 8 U.S.C. §§ 1611–1646 In 1996, under the Clinton administration, the Clinton In 1996, under swept through legislative change -P. W M K ENTER FOR C Y OOR Responsibility and WorkResponsibility and Opportunity Act (PRWORA). Reconciliation (C.D. Cal. 1995). have been California’s Proposition 187, a voter passed initiative whichhave been California’s Proposition sought to block children of undocumented immigrants from accessing California’s public school systemmost and deny social services to undocumented immigrants. held unconstitutional as preempted by federal law, contained its own immigrantrelated provision permitting states to bar individuals from first welfare benefits in their legal permanentfive years as residents. 2016] attempts related and trafficking, or conspiracies, Among for immigrants IIRIRA increased obstacles other things, seeking asylum, instituted significant time United bars for re-entry into the States for deported immigrants, review of many blocked judicial immigration agency the 287(g) program, border security, and created decisions, increased the precursor of SCOMM. L C also https://www.americanprogress.org/issues/immigration/news/2014/01/09/81849/5-major- immigration-laws-that-the-house-passed-in-an-election-year/ [https://perma.cc/JR6Z-QDM aggravated felony definition several times felony definition aggravated and it now encompassesthirty types of crimes.different Congress to the detriment of immigrants via the Reform and Immigrant Responsibility Act of 1996 (IIRIRA) http://www.immigrationpolicy.org/sites/default/files/docs/aggravated-felony-fact-sheet-march- 2012.pdf [https://perma.cc/M3RN-QHW5]. Immigration Court Perspective Looking Glass: How Crimes Appear from the [now] considered aggravated felonies” aggravated [now] considered 91, 92 (2012)). in208, 110 Stat. 3009–546 (codified as amended scattered sections of 8 U.S.C.). Constitutional Challenges and State Reactions (2015). 38800-mqt_100-2 Sheet No. 158 Side A 02/22/2017 09:25:38 02/22/2017 A No. 158 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 158 Side B 02/22/2017 09:25:38 , M K 251 C Y OVERNMENT :G THE POLITICS OF Pro-immigrant Pro-immigrant : 253 Coinciding with an with an Coinciding MMIGRANTS I 245 MMIGRANT I [100:565 [100:565 OR , “[S]ince . . . the hijackers were ARGETING LIEN 249 ,T ,A NDA I See also McCain-Kennedy Bill Opens Citizenship LLEGAL , (May 12, 2005), AVIER ,I X IMES However, the 9/11 attacks destroyed hopes for attacks However, the 9/11 EWTON 248 N Both administrations stated that they prioritized MARQUETTE LAW REVIEW MARQUETTE ONATHAN 246 247 note 21, at 297–305. INA note 21, at 300–05. note 21, at 280. 117 (2006)). ) 2/16/17) 12:32 PM L .T note 225, at 280–81. 104–05 (2008). supra supra supra , , , ELETE ASH THICS D E supra , OT N President Bush was supportive of the Senate bill. O See also ONG . . . . at 280 (quoting J . at 104–37. AVARRO AVARRO AVARRO (D 252 250 .Id .Id .Id .Id .Id DOCX 249. W 248 253 245 252. N 250 247. N 246 251. N In 2005 and 2006, immigration on the agenda of legislators and was again Post-1986 attempts to legalize undocumented immigrants either failed have , W -P. OOR foreigners who somehow managed into the United to get States, the movement has becomeof people in and out of the country indissociable from this threat.” President Bush. A slew of immigration bills were proposed by lawmakers. After the storm of immigration proposals settled, Congress was left with two bills: HR4437,harsh bill passed by the House a which criminalized undocumented internal and border immigration status and focused on enforcement, and S2454, a compromise by the Senate which bill passed included increased enforcementbut also legalization and a . 602 of anti-immigrant as proof served sentiment. public L immigration on immigrationthat a historic accord concerns and “anticipated reform would be reached.” IMMIGRATION REFORM to reach Congress or died on its floor. In 2001, President George or died on its floor. In 2001, President to reach Congress W. Bush immigrationappeared ready for change after multiple meetings with Mexican Fox. President Vicente TECHNOLOGY AND Path an immigration that would benefit immigrants, change particularly as the Bush from was to protect the country administration whose duty created DHS terrorism simultaneously and immigration took over enforcement, thus inextricably linking terrorist with immigrant. http://www.washingtontimes.com/news/2005/may/12/20050512-111803-6952r/?page=all [https://perma.cc/CMV6-8QS7]. atmosphere of economic California legislation proponents of the insecurity, immigrants portraying utilized rhetoric and national identity as a threat to lawbreakers and ultimately pitted immigrants “freeloaders” against as the law thus makingabiding taxpayer the political atmosphere of for the passage ripe IIRIRA and PRWORA. 38800-mqt_100-2 Sheet No. 158 Side B 02/22/2017 09:25:38 02/22/2017 B No. 158 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 159 Side A 02/22/2017 09:25:38 On 255 259 S1348 also 263 603 The provision would permit During that time, During protests crossed In the Senate, S1348 was proposed In the Senate, S1348 was proposed 264 254 262 Further, the legalization process required the Further, the legalization process 261 National and international media National and covered the 257 A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM ELETE Although this movement may a role in the defeat have played D OT 258 N The House bill contained a legalization provision, but it would not O . at 309–10. . at 309. . at 308–09. . at 307–09. . at 307. . at 305. . at 340–42. . at 342. . at 340–42. . at 316–18. . at 313–42. Political Scientist Armando Navarro posits that this immigrant mobilization (D 260 Marches extended to Mexico of City, where there were also .Id .Id .Id .Id .Id .Id .Id .Id .Id .Id .Id 256 DOCX 264 263 262 261 260 259 258 257 256 255 254 During immigration the subsequent Congress, in 2007, bills were again -P. M K at 343–50. C Y OOR proposed in the Senate and the House and their legislative path were likewise and the House and their legislative proposed in the Senate Democratic Congressman a unsuccessful. A Republican and proposed HR1645. ended in mid-2006 as a “climate of fear” permeated the immigrant population because of the failure to ended in mid-2006 as a “climate of fear” permeated of work enforcement efforts in the form increased achieve a legislative legalization program, ICE’s Angeles march. police’s violent response at a Los and and other raids, public anti-immigrant sentiment, Id. the nation and even extended internationally and even extended the nation as immigrant met activists with Latin American government Bush pressured the who in turn officials administration the House to oppose a legalization plan. bill and support applicant to leave and re-enter the U.S., pay a substantial fine and back taxes applicant to leave and re-enter the and wait six years to obtain LPR status. legalization of undocumented immigrants in the U.S. had resided who for some included a legalization provision that would not go into effect until border included a legalization provision that enforcement measures were in place. certain U.S. products. Maythe International Day 1, of the Worker, between one and two million participated in marchesand school with the and united in boycotts of work objective of demonstrating the U.S.’s economic on migrant dependence labor. mobilization. 2016] of mobilization levels in unprecedented engaged groups and HR4437 against early 2006. of legalization in in support L of the House bill, ultimately legalization plan was no Both enacted either. hearings. died after House and Senate public HR4437 and S2454 and received the support of Bush administrationand received the support of Bush and DHS. be triggered until two years after tough border and employer enforcement provisions were enacted. 38800-mqt_100-2 Sheet No. 159 Side A 02/22/2017 09:25:38 02/22/2017 A No. 159 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 159 Side B 02/22/2017 09:25:38 M K COM C Y . UFFINGTON Besides Notably, . H , 276 Id 270 AZCENTRAL 272 After multiple 268 note 274 (describing bill supra [100:565 [100:565 Foley, Many immigrants and their Legislators were Legislators torn largely It would It make further in-state 274 266 265 . at 310–11. See also Id note 6, at 248–52. Morepopularly recently, in 2013, the 273 supra The bill “had something The bill senator could each , 267 AVARRO note 6, at 248–52. MARQUETTE LAW REVIEW MARQUETTE supra , ) 2/16/17) 12:32 PM A year after Senate acted on immigration, hope is dead, note 221. However, the Republican Chairman Judiciary of the House note 274; N Senate Immigration Reform Bill Passes with Strong Majority Senate Immigration Reform Bill Passes with 277 ELETE D supra at 312. supra AVARRO However, others enthusiastically supported the bill. OT After the failure in the After the failure Senate, HR1645 also failed. N N 275 . O 271 . . . . at 311. . at 311–12. . of S1348 was that it introduced a merit point system at 310. A notable characteristic (D Ultimately, bill was the Senate most opposed by immigrant advocates . See id. .Id .Id .Id .Id .Id . Id .Id . See 269 DOCX , (June 27, 2013), http://www.huffingtonpost.com/2013/06/27/senate-immigration-reform- 274. Elise Foley, 277. Dan Nowicki, 273. Weiner, 271 272 270 269 268 267 265 266 276. Foley, 275 During Obama’s attempt presidency there was an early at immigration -P. OST OOR Committee he can to ensure the House guaranteed that he would “do everything reform that failed quickly. in 2010 immigrantsupporters included business and labor organizations groups, and law enforcement. anti-immigrant of its legalization also opposed the bill because groups provision. support, but concomitantlysupport, also oppose.” things they could named bipartisan Gang of Eight were successful at passing at the Senate the at passing were successful namedof Eight bipartisan Gang but possible journey to have provided a long, difficult, S744 bill that would legalization for undocumented immigrants. college tuition available to those students. available to college tuition because of what were considered harsh anti-immigrantbecause of what were provisions. bill_n_3511664.html [https://perma.cc/L2SA-L79J]. The Gang of Eight included John McCain (R- (R-S.C.),Ariz.), (R-Fla.), (R-Ariz.), (D- N.Y.), (D-Ill.), (D-N.J.), and Michael (D-Colo.). Bennet P 604 students. as post-secondary as well time, L about whether to support S1348. about whether into family-based immigration. Only those family members who obtained the threshold points would members into family-based immigration. Only those family U.S. be provided with a greencard to migrate to the provisions including 20,000 more border agents, a 700-mile fence and mandated E-verify). supporters disagreed with S744 believing the road to legalization was too harsh, with S744 believing the road to legalization supporters disagreed of extremelong, and contingent on the execution border enforcement provisions. debates on the Senate floor, senators voted to cease the debate and the bill to cease the debate senators voted the Senate floor, debates on failed. (June 24, 2014), http://www.azcentral.com/story/news/politics/immigration/2014/06/25/year-senate- acted-immigration-hope-dead/11344151/ [https://perma.cc/68WJ-HL83]. 38800-mqt_100-2 Sheet No. 159 Side B 02/22/2017 09:25:38 02/22/2017 B No. 159 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 160 Side A 02/22/2017 09:25:38 278 The The 280 (Nov. 10, note 15. OLITIFACT P supra 605 With diametrically opposed Lind & Hazard, 284 See note 15, at 3. note 277. The Fifth Circuit later blocked some The Fifth Circuit of 281 supra supra , note 15. note 6, at 261. Nowicki, As to the remainder of Obama’s deportation relief, note 6, at 262. note 6, at 262. supra EMORANDUM A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY supra 283 282 ) 2/16/17) 12:32 PM , M B. Case Studies of Resistance to SCOMM Donald Trump campaign promises for the first 100 days, supra supra See also and the House passed its own enforcement passed its own and the House only bills. , , ELETE D 279 Qui, OT AVARRO OHNSON N N sources cited J O . at 264. AVARRO AVARRO (D See . See .See .Id DOCX 280 283. Linda 281 279 278. N 284. N Some remarked have a legislative pathway that constructing to legalization As SCOMM spread across jurisdictions, immigrants continued its and their Thus, SCOMM, rampant with critiques and litigation surrounding basic -P. M K C Y OOR views, there has been no room for legislative compromise. liberty claims within and entrenched the politically charged purview of immigration legislation, was disobedience, and activists utilized ripe for civil the dismantlingthis tool effectively and influenced of the program. of civil disobedience to convince allies engaged in increasing levels and local level to abandon the governmentstate federal, officials at the program. Immigrant media activists utilized the tools of social and organized acts of resistance ranging from which rallies, sit-ins traffic on public blocked 282. Trump promised immigration to rescind his predecessor’s standing executive and may100 days in office orders in his first so upon this have already done Article’s publishing. these executive actions and that Circuit’s ruling was and that Circuit’s these executive actions at upheld by an even split the Supreme Court. 2016] comprehensive the Senate’s takes up never immigration which bill, a includes 11 million for the path to citizenship immigrants illegally.” in the country Although there were among splits House about whether Republicans S744 refused to permit John Boehner considered, Speaker should be discussion of bill the Senate L 2016), http://www.politifact.com/truth-o-meter/article/2016/nov/10/donald-trumps-campaign- promises-first-100-days/ [https://perma.cc/XZ3N-Q4BV]. legislative road to legalization waslegislative road to President Obama foreclosed, leaving again powerto utilize his executive to some to provide deportation relief in an attempt of the undocumented population. of a substantial portion of the undocumented population has proven impossible of the undocumented population of a substantial portion 1986, while immigrationfor the last thirty years because, since reform has included some formlegalization for the Democratic of party, for the Republican party generally reform has meant increased border enforcement, employment program.sanctions, and a purely guest worker 38800-mqt_100-2 Sheet No. 160 Side A 02/22/2017 09:25:38 02/22/2017 A No. 160 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 160 Side B 02/22/2017 09:25:38 M K 288 At C Y 285 [100:565 , Category EAGUE L litigation efforts on USTICE J 292 note 11 (The following list of OUTH note 11. Y supra ., NC supra Due information to the sharing ., ,I 289 286 NC Immigrant resistance influenced or ,I MMIGRANT Eventually certain jurisdictions began Eventually certain 291 ETWORK 287 N ETWORK N MMIGRANT I MARQUETTE LAW REVIEW MARQUETTE MMIGRANT I note 21, at 113–14; I EGAL Obama Ends Secure Communities Program as Part of Immigration Action, Obama Ends Secure Communities Program as L ) 2/16/17) 12:32 PM EGAL supra L , ELETE pp. 221–38. D note 21, at 113–14 (2014). OT ATHOLIC N Those acts of civil disobedience and opposition spread across the Those acts of civil disobedience and C . O Further, the relationship between acts of civil disobedience and the between acts of civil disobedience Further, the relationship and this aggregate resistance was thus a component of the Obama and this aggregate resistance was . . , (Nov. 21, 2014), http://www.latimes.com/local/california/la-me-1121-immigration- ATHOLIC 293 ALLARES (D supra , 294 290 .See . See infra pp. 221–38. .Id . Id . See infra .Id IMES DOCX T 289. Kate Linthicum, 290. C 288 285 286 287. Eventually, immigrants arrested while it became evident that those undocumented 291 292 293 294. P The rationales that limitedThe rationales that compliancewith SCOMM immigration -P. ALLARES OOR twenty-three states complied with ICE detainer requests as of November 23, 2014: Arizona, California, requests twenty-three states complied with ICE detainer Iowa, Kansas Kentucky, Louisiana, Maryland, Colorado, , Florida, Georgia, Illinois, New Jersey, New Mexico, New York, Oregon, Massachusetts, Minnesota, Nebraska, Nevada, Pennsylvania, Washington, and Wisconsin. Washington, D.C., also complied with ICE detainers.). L.A. involved in SCOMM,involved harmfulpotentially particularly arrests were these to their result in undocumented could theoretically because they immigrants deportation. detention and subsequent detainers were mixed each state, municipality, for and lawenforcement agency. justice-20141121-story.html [https://perma.cc/7G25-E7PY]. 606 undocumented to buses, of deportation the path blocking and highways, streets the country demanding a bus across youth driving an end to deportations. culminating in the dismantling of SCOMM. L behalf of those targeted by SCOMM to the enactment of policies, contributed complianceordinances, or laws restricting or abolishing with SCOMM ICE detainers. enacting roadblocks to state and local police participation in the program,participation to state and local police enacting roadblocks Archives: Civil Disobedience, http://www.iyjl.org/category/cd/ (last [https://perma.cc/G2Q6-9RYY] visited Feb. 7, 2017). nation, times,arrests. would lead to this behavior protesting and engaging in civil disobedience were not being placed in removal proceedings. See were protesting and engaging in civil disobedience P supported jurisdictions’ desires to opt-out of SCOMM:supported jurisdictions’ desires to opt-out jurisdiction’s opposition to SCOMMjurisdiction’s opposition was linear to be not and needs not be served as a catalyst that these acts of civil disobedience significant. Instead, brought the communities’ objections to SCOMM into focus and contributed to an environment to the program. that fueled the jurisdiction’s opposition This community opposition may have likewise anti-detainer litigation which ignited also led to the program’s dismantling. 38800-mqt_100-2 Sheet No. 160 Side B 02/22/2017 09:25:38 02/22/2017 B No. 160 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 161 Side A 02/22/2017 09:25:38 607 Part III. The MMIGRANT 296 I 301 EGAL See supra (Sept. 3, 2012), All Four Immigrant L , , http://undocubus.org/ These two states (Aug. 29, 2012), ADIO EAR (Sept. 4, 2012), F 303 ORG .R O . ATHOLIC this Section documents N UB US P B note 21, at 113. 302 Eyder Peralta, The Undocumented L ’ APERS AT P supra , NDOCU 295 O U , N N , ALLARES note 296; P note 296; see also The culmination was after the arrests of ten riders Riders maintained act of publicly that the very supra supra 299 300 , , 10 Undocumented No Papers No Fear Riders Arrested for Defending 10 Undocumented No Papers No Fear Riders , ORG ORG . . note 289. EAR A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY F ) 2/16/17) 12:32 PM US US note 296. O B B note 11. N supra ELETE D supra supra OT NDOCU NDOCU APERS N ., The side of the bus read Sin Papeles, Sin Miedo The side of the bus (No Papers, No P U U O . O NC (D 297 At each stop, riders engaged in protest, including civil disobedience, engaged in protest, including civil At each stop, riders ,I .Id .See . SeePapers No Fear: Ride for Justice No .See 298 DOCX 298 299 296 297. Peralta, 300. N 301 302. Throughresistance in Alabama, California, her research, the author has found this type of 303. Protests against deportations generally have been included as resistance against SCOMM 295. Linthicum, While were acts of immigrant there and resistance civil disobedience Perhaps the best metaphorPerhaps the of resistance to across the nation for the spread -P. M K ETWORK C Y OOR against SCOMM and other programs state police for that utilized local and immigration enforcement. http://www.npr.org/sections/itsallpolitics/2012/09/03/160508224/the-undocumented-bus-in- charlotte-a-different-kind-of-coming-out [https://perma.cc/YR5S-YC4W]. the resistance against SCOMM in Illinois and California. beyond the Undocu-Bus in vital pockets of the nation, beyond the Undocu-Bus Rights Advocates Arrested on Gay Street Released, No Papers No Fear Bus Tour Heads Towards Rights Advocates Arrested on Gay Street Released, Groups Continue Fight Democratic National , Local http://nopapersnofear.org/blog/post.php?s=2012-08-29-all-four-immigrant-rights-advocates-arrested- on-gay-street-released-no-papers-no-fear-bus-tour-heads-towards-democratic-national-convention- local-groups-continue-fight [https://perma.cc/L5AL-HW6W]. exposing their undocumented status amountedto civil disobedience. Undocu-Bus’ destination was the DemocraticUndocu-Bus’ destination in North National Convention Carolina. Civil Rights, Supporters Call on President and ICE to Be on the Right Side of History, Use Discretion Civil Rights, Supporters Call on President and of Community Leaders and Do Not Pursue Deportation http://nopapersnofear.org/blog/post.php?s=2012-09-04-10-undocumented-no-papers-no-fear-riders- arrested-for-defending-civil-rights-supporters-call-on-president-and-ice-to-be-on-the-right-side-of- [https://perma.cc/PTR4- history-use-discretion-and-do-not-pursue-deportation-of-community-leaders T68D]. N 2016] SCOMM. to abandon decision administration’s L SCOMM 2012, undocumented Undocu-Bus. In is the immigrants rode this New Mexico,stops in Arizona, country with bus across the 1970s tour and Tennessee. Georgia, Alabama, Texas, Louisiana, Colorado, they placed a banner withthey placed a banner their No Papers/No the Democratic Fear at Convention’s checkpoint. Connecticut, Georgia, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Connecticut, Georgia, Michigan, Minnesota, New Jersey, New York, North Carolina, Tennessee, Vermont, Washington, Washington, D.C., and Wisconsin. C because during the program’s existence it was a powerful deportation mechanism. Fear). [https://perma.cc/S3GN-NZKY] (last visited Feb. 7, 2017); see also [https://perma.cc/S3GN-NZKY] (last visited Feb. Bus: In Charlotte, A Different Kind Of Coming Out Bus: In Charlotte, A Different Kind Of 38800-mqt_100-2 Sheet No. 161 Side A 02/22/2017 09:25:38 02/22/2017 A No. 161 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 161 Side B 02/22/2017 09:25:38 M K C Y ENTER C However, However, (June 6, 2011), . They further 306 Id ESEARCH R IMES EW P (Nov. 18, 2014). , N.Y., T See [100:565 [100:565 310 and because it eventually it eventually and because 305 Governor Quinn informed Governor Quinn of his DHS 308 . This move then mobilized opposition in different localities . This move then mobilized opposition in different 307 California is significant as the state with is significant California the Id However, this was not the governor’s or law However, this was 304 309 note 21, at 76. Strunk and Leitner explain that activists work and note 21, at 76. Strunk and Leitner explain that MARQUETTE LAW REVIEW MARQUETTE supra ) 2/16/17) 12:32 PM Immigration Program is Rejected by Third State ELETE . Part IV.B.2. Chapter 1: State Unauthorized Immigrant Population Chapter 1: State Unauthorized Immigrant Population D Id , OT N Letter from Gov. Pat Quinn, Governor of Ill., to Marc Letter from Gov. Pat Quinn, Governor of Ill., Rapp, Acting Assistant Dir., O . (D RENDS T .See .Id . See infra DOCX 310. MemorandumImmigration of Agreement Between U.S. Department of Homeland Security 308 309 304. Julia Preston, 306 307. Strunk & Leitner, 305. 2,450,000 unauthorized immigrants lived in 2012, The Pew Research Center reported that In May 2011, Illinois Governor Pat Quinndeclared his desire to terminate With the backdrop of this MOA, immigrants in the first in Chicago engaged -P. ISPANIC OOR and Customs Enforcement and Illinois State Police (signed Nov. 2, 2009), and Customs Enforcement and Illinois State Police (signed Nov. 2, https://www.ice.gov/doclib/foia/secure_communities-moa/r_illinois_11-2-09.pdf [https://perma.cc/4AYB-PFBP] (Memo signed by Marc A. Rapp, Acting Director, Secure and Jonathan E. Monken, Director, Illinois Communities, Immigration and Customs Enforcement, State Police). while the remainder on only two—albeit of this section focuses significant— necessarily bounded by that protesters were not states, it bears consideration these boundaries and thus across spilled resistance state lines and therefore national level. aggregated at the organize resistance across state lines and thus their advocacy is regionally fluid. organize resistance across state lines and thus intent via a letter from his office, with similar from correspondence his office, with intent via a letter from the director Police. of the Illinois State of the East Coast. recount how activists in the Washington, to those in the California area and D.C., area were connected official local opposition to SCOMM were thus successful in simultaneously obtaining in Arlington, VA, and the Bay area on the same day. Enf’t, Dep’t of Homeland Sec. (MaySecure Communities., Immigration and Customs 4, 2011), [https://perma.cc/W5U7-BY8L] [hereinafter http://epic.org/privacy/secure_communities/sc_ill.pdf Letter from Gov. Pat Quinn]. highest number immigrants of unauthorized 1. Illinois 1. Illinois in SCOMM.his state’s participation H 608 an important play they because are featured in the immigrant role movement. first state to attempt it was the significant because Illinois is to cease withcollaboration SCOMM. L enacted state-wide legislation limiting legislation enacted state-wide with SCOMM. cooperation enforcement’s original position on SCOMM. Two years before, during signed a MemorandumQuinn’s tenure, the Illinois state police of Agreement (MOA) with DHS to initiate SCOMM in the state. http://www.nytimes.com/2011/06/07/us/politics/07immig.html?_r=0 [https://perma.cc/HU5V- http://www.nytimes.com/2011/06/07/us/politics/07immig.html?_r=0 LBV9]. New York and Massachusetts attempted to opt out soon after Illinois. total population. in California, accounting for 6.3% of the state’s 38800-mqt_100-2 Sheet No. 161 Side B 02/22/2017 09:25:38 02/22/2017 B No. 161 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 162 Side A 02/22/2017 09:25:38 , , , , ETER note 21, Who We Are supra , Who We Are , , The Dream 9, One EAGUE L EAGUE ALLARES L note 21, at 113–15. 609 note 21, at 115. USTICE J supra , USTICE J supra .; Auro Bogado, , The undocumented who OUTH Id 313 Y OUTH ALLARES Y Category Archives: Civil Disobedience note 312. ALLARES P , note 21, at 76. Furthermore, IYLJ’s acts of civil note 21, at 76. Furthermore, IYLJ’s acts of supra MMIGRANT , EAGUE MMIGRANT L see also thus modeling resistance for others and At immigrants this event, revealed publicly supra .; EAGUE 316 Id 311 L This immigrant in civil group not only engaged 315 USTICE J At a microphone, immigrants seven declared that The Chicago-based undocumented The Chicago-based group who USTICE J , Video: Immigrant Youth Justice League, (March 2010) , Video: Immigrant Youth Justice League, . IYLJ not only organized the initial “Coming Out of the Shadows” . IYLJ not only organized the initial “Coming 312 314 Id OUTH .; ‘Dream 9’ Immigrant Says Don’t Think of Issue Politically, NPR (Aug. A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM OUTH (July 22, 2014), http://www.colorlines.com/articles/dream-9-one-year-later Y Strunk & Leitner, Id Y ELETE D HOTOGRAPHY OT see also P N O OLORLINES (D MMIGRANT MMIGRANT , C DOCX note 314; 312. I 311. Before of the Shadows day, there were other smaller scale this Chicago 2010 Coming Out 313. I 316. and its members worked with organizers outside Illinois in acts of civil disobedience, IYJL 314. The website of the Immigrant Youth Justice League (IYJL), the group mainly responsible 315. The “is a Chicago based organization led by Immigrant Youth Justice League (IYJL) When this movement, exploring Political Scientist Amanda Pallares has -P. M K OLDERNESS C Y OOR organized the Coming their main Out event later decided that of resistance tool would be civil disobedience. Year Later disobedience spanned beyond protesting SCOMM to other issues affecting the immigrant population. affecting the immigrant population. issues to other disobedience spanned beyond protesting SCOMM undocumented individuals who publicly crossed from In 2013, an IYLJ member was one of the nine to re-enter the United States. P the United States and requested to be allowed revealed their status perceived this act as “political escalation” and connected and connected as “political escalation” this act their status perceived revealed to civil disobedience. at 137–39. The group called themselves the DREAM 9 and were protesting the failure of the legislature at 137–39. The group called themselves the DREAM 9 and to pass the Dream Act. 16, 2013), http://www.npr.org/templates/story/story.php?storyId=212603798 [https://perma.cc/WXP5-JYAQ]. The nine were allowed to re-enter and subsequently filed asylum , but were initially held for two weeks in detention. supra their status as undocumentedtheir status immigration in front of the as they gathered and building. federal office [https://perma.cc/P9SV-KQDV]. H 2016] Coming day. the Shadows out of L disobedience in Illinois but their members further participated in acts of civil but their members further participated disobedience in Illinois the state, disobedience outside events where undocumented individuals revealed their status to each other. However, the Chicago status to each other. However, the Chicago their events where undocumented individuals revealed of the Shadows” week where immigrants came out as event was the first in a national “Coming Out States. P undocumented in several cities across the United http://www.iyjl.org/category/cd/ [https://perma.cc/GLH3-NN76] (last visited Feb. 7, 2017); P http://www.iyjl.org/category/cd/ [https://perma.cc/GLH3-NN76] http://www.peterholderness.com/iyjl/ [https://perma.cc/7MSW-B56J] (last retrieved June 18, 2015). (last visited Feb. 7, 2017). http://www.iyjl.org/whoweare/ [https://perma.cc/5HFY-J272] aggregating efforts on a national level. aggregating efforts explained that undocumented overcoming youth “considered of the fear showingto assuming oneself as a necessary first step in their political agency they wereeach undocumented and unafraid. including the planning of the first and second acts of civil disobedience by undocumented individuals of civil disobedience by undocumented individuals acts including the planning of the first and second first in Arizona and then in Washington, D.C., I for the Chicago “Coming Out of the Shadows” event, describes this coming out “as a form of self- for the Chicago “Coming Out of the Shadows” determination and political escalation.” I undocumented organizers.” event, but continued to do so every year. 38800-mqt_100-2 Sheet No. 162 Side A 02/22/2017 09:25:38 02/22/2017 A No. 162 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 162 Side B 02/22/2017 09:25:38 M K C Y When When 321 When deciding 325 Further, those who Further, those who 319 They further articulated note 314. [100:565 [100:565 323 thus articulating claims of supra As even the United States As even the United , Since illegal presence itself is presence itself Since illegal note 312. 324 320 318 supra , . note 20, at 234–325. For example, Thoreau’s note 20, at 234–325. For example, Thoreau’s Id Who We Are , supra , EAGUE AWLS HOTOGRAPHY L P MARQUETTE LAW REVIEW MARQUETTE USTICE note 21, at 113–14. J 326 U.S. 135, 164 (1945). , note 21, at 113. OLDERNESS supra ) 2/16/17) 12:32 PM , OUTH H Y supra , ELETE D 322 ETER OT . ALLARES The hope for the activists was that their human that their was the activists hope for The when stories, N P O . 317 ALLARES (D MMIGRANT .See .Id .Seeid DOCX 325 323. This immigrant at the 2010 “Coming Out of the is a statement made by an undocumented 324 321. When that advice regarding the immigration consequences of a guilty plea was concluding 322. Bridges Wixon v. 318 317. P 320. I 319. from conscientious refusal where the this manner, civil disobedience is distinguishable In The youths who came stated that their actions resulted out at the 2010 event -P. OOR psychological oppression. Furthermore, these activists were cognizant that by coming out they were possibility of deportation. risking the “came since the act was conceived it as civil disobedience out” political in could lead to deportation. nature, public, and Supreme has recognized, for an Court immigrant deportation might be even least a fate comparableworse than, or at to, a criminal penalty. attached to their identities, would transform would to their identities, attached face of the the public undocumented struggle and move politicians. 610 struggle.” L Shadows” event. P a vital part of criminal representation, the Supreme Court stated that “deportation is an integral part— a vital part of criminal representation, the Supreme indeed sometimes the most important part—of the penalty that may be imposed on noncitizen defendants who plead guilty to certain crimes.” Padilla v. Kentucky, 559 U.S. 356, 364 (2010). 1840s refusal to pay his taxes in protest was a form of conscientious refusal until he publicized his 1840s refusal to pay his taxes in protest was resistance and thus converted to civil disobedience. from a commitment to American democratic values. whether to proceed with the 2010 Coming Out of the Shadows event, the seven people who came organizers considered whether this out and the event violations of basic liberties, including feeling that they were not free and were they were not free and that feeling violations of basic liberties, including dehumanized as criminals, by their portrayal discussing the possibility of deportation and comparingdiscussing the possibility the criminal to process the immigration removal, the Court has stated “[t]he impact of deportation upon than the impositionif not greater a of is often as great the life of an alien criminal lose his family, A deported alien may sentence. his friends and his land maylivelihood forever. Return to his native result in , persecution, or even death.” not a crime from is not a deviation that status U.S., the act of declaring in the public nature Nevertheless, the civil disobedience. thus strictly not the law and consistent withof the act is certainly civil disobedience, which is a public attempt legal reform. to persuade others to effectuate deviation from the law is non-public. R 38800-mqt_100-2 Sheet No. 162 Side B 02/22/2017 09:25:38 02/22/2017 B No. 162 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 163 Side A 02/22/2017 09:25:38 326 329 note ETER (May OLLEGE C supra , RIBUNE T ODAY T . at 113–14. ALLARES Id HICAGO , USA , C 611 331 “Voluntary” Immigration Program Not (Feb. 16, 2011), Quinn was the first governor that Quinn was the first governor that RESS Thereafter, March Thereafter, became National P 333 327 note 308. While other localities had attempted supra The protestors ranged in age and objected to The protestors ranged Suzanne Gamboa, 332 330 328 note 312. Nevertheless, although the participants were clearly note 312. Nevertheless, although the participants see also SSOCIATED note 21, at 113–14. A supra , Undocumented students come out of the shadows supra A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY Marchers protest suburbs’ immigration initiative ) 2/16/17) 12:32 PM , ELETE Part IV.B.2; D OT ALLARES HOTOGRAPHY N Letter from Gov. Pat Quinn, P O . at 114–15. . of the May Apparently, the organizer 2010 protest walk was the Illinois Coalition for . . A youth described coming out as “putting [his] whole life on the line.” . A youth described coming out as “putting P (D .Id .See .Id .Id .Id . See infra DOCX 328. Walbert Castillo, 327 332 331 330 326 333 329. Simmons, Dan This strategic and political revelation of undocumented status and other acts political revelation This strategic and Resisters acted in MayResisters acted in 2010, after SCOMM actively began to spread across -P. M K OLDERNESS C Y OOR 21, at 123. The organizers of the event included a Chicago based group of undocumented immigrants 21, at 123. The organizers of the event included Justice League (IYJL) and the umbrella national who called themselves the Immigrant Youth immigrants’ right group—United We Dream—of which IYLJ were members. unaware of this in 2010, participation in these events has not led to deportation. P unaware of this in 2010, participation in these of immigrant to response of other states’ officials resistance influenced the enhanced immigration enforcement. In May Quinn and of 2011, Governor Pat the Illinois state law enforcement their course changed SCOMM,regarding attempted existing MOA to rescind the with DHS, state’s and to recant the cooperation in the SCOMM. many Chicago suburbs and then ICE Director John Mortonmany then ICE Director Chicago suburbs and visited Illinois to intent to increase enforcementannounce the agency’s efforts in the state. Immigrant and Refugee Rights (ICIRR), not the IYJL (which was primarily responsible for the Chicago Immigrant and Refugee Rights (ICIRR), not the IYJL (which was primarily responsible for the organized “Coming Out of the Shadows” event). However, ICIRR did provide support to IYJL as they for that event. P unsuccessfully to rescind SCOMM, and Santa Clara in San Francisco including California and Cook County in Illinois, 22, 2010), http://articles.chicagotribune.com/2010-05-22/news/ct-met-mchenry-immigration-march- 052220100522_1_homeland-security-database-marchers-federal-immigration-laws [https://perma.cc/K8MQ-MF4H]. H Forty activists organized into a three-day, fifty-mileForty activists organized protest walk from Chicago to McHenry County jail, an immigration center which held about 400 detention people on immigration matters. 2016] deportation. in the youths’ result it could since too dangerous was revelation in Chicago wasThe event the first of multiple similar in public revelations that samevarious cities month in 2010. L Coming Shadows month Out of the increasing number with an of increasing the each year and status undocumented revealing their individuals national impact of this event. increased police focus on undocumentedincreased police focus workers. (Mar. 24, 2016), http://college.usatoday.com/2016/03/24/undocumented-students-come-out-of-the- shadows/ [https://perma.cc/SXD8-UZBS]. So Voluntary, 38800-mqt_100-2 Sheet No. 163 Side A 02/22/2017 09:25:38 02/22/2017 A No. 163 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 163 Side B 02/22/2017 09:25:38 M K The C Y The [100:565 338 note 10, at 4. When the the When The Task Task The OMM, civil civil OMM, 343 339 note 308. supra , supra OUNCIL C note 21, at 77 (discussing how opt out of SC opt out of In June of 2011, a national In June of 2011, DVISORY 337 note 312. .A note 10, at 4 (alteration in original). However, these requests were met met were requests these However, EC supra S , 334 The resisters targeted federal events, The resisters targeted federal events, supra , 342 EAGUE Strunk & Leitner, supra L OMELAND OUNCIL The governor’s requests coincided and The governor’s See also Letter from Gov. Pat Quinn, C 336 USTICE J MARQUETTE LAW REVIEW MARQUETTE DVISORY OUTH Part IV.B.2. Deportation Record Has States Reconsidering Secure Communities, Deportation Record Has States Reconsidering Y .A note 333. note 333; see also ) 2/16/17) 12:32 PM EC S This DHS response was with reflective of its position prior ELETE supra supra D 335 OT The cities included Chicago, Dallas, Los Angeles, and Arlington, MMIGRANT N See also infra I O . . at 6. . . 340 Before the walk-out, an immigrant activist addressed task force OMELAND (D 341 Part IV.B.2. 344 .Id .Id .Id .See .Id DOCX 336. Gamboa, 337 338.a Subcommittee of the June 2011, a Task Force on Secure Communities was created as In 340 341 334. Gamboa, 335. Daniel C. Vock, 342 339. H 343 344. Ain June 2011 to advise DHS Secretary Task Force on Secure Communities was created After it was clear that Illinois could not After it was clear that Illinois could -P. infra OOR Homeland Security Advisory Council. H Pew Charitable Trusts (June 20, 2011). symbols, as a result supporting Governor and politicians, Quinn’s opposition to proponents and enforcementthe program tools. and attacking its task force was with created and charged SCOMM’s investigation. Virginia. aggregated with California U.S.aggregated with California Congresswoman House of Representatives Zoe Lofgren’s demands Communities for an investigation into Secure after some of wereCalifornia’s localities unable to opt-out. with DHS as the agency maintained opposition in SCOMM that participation was mandated. http://www.nbcnews.com/id/41625585/ns/us_news-security/t/voluntary-immigration-program-not- so-voluntary/ [https://perma.cc/W5EZ-J38S]. Massachusetts’the governor’s actions in Illinois influenced the and New York’s governors’ decisions). 612 program, the state rescind his entire to have sought other thus encouraged and both the Massachusetts to follow suit as governors and New York expressed one month. to opt out within their desire L SCOMM public hearing, hundreds walked out in task force held its Chicago protest. disobedience in the state intensified. Force members metin Washington, information-gathering and held D.C., sessions in certain cities where residents were knowledgeable about SCOMM. See purpose of the Task Force was to advise DHS Secretary Napolitano Force was to advise DHS Secretary purpose of the Task about “how . . . (ICE) may improve Communities the Secure Program, including how to address some of the concerns about the program impact that ‘relate to [its] on community of racial profiling.’” policing and the possibility localities’ opt-out requests. localities’ opt-out “to consider how may improve the Secure Communities Program. . . . (ICE) 38800-mqt_100-2 Sheet No. 163 Side B 02/22/2017 09:25:38 02/22/2017 B No. 163 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 164 Side A 02/22/2017 09:25:38 , 351 347 The The USTICE J OUNCIL C 350 (Sept. 16, OUTH IMES Y 345 T DVISORY Several of these .A . at 6. The Task Force , N.Y. , 346 Id EC S 613 MMIGRANT I There was likewise 349 OMELAND They lodged critiques that the program 348 . (May 2012), https://www.nilc.org/issues/immigration- TR . at 4. C Id AW L A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM Deportation Program Sows Mistrust, U.S. Is Told ELETE D OT MMIGRATION N I O . . . L (D ’ Sometimes enough, are not enough, hearings words are not I am are not enough. and speeches press conferences here my undocumentedtoday with comesfriends, because there a time when we We take greater action. need to of fear, are tired weand today, today will break that fear from Secure Communities. are going to walkthe outside I and five others Webuilding right now. block traffic are going to intentionally under under arrest, knowing full well that and put ourselves Secure Communities, of protest, this minor this act offence, will mean that we in deportation. This is the could get placed risk that immigrants country take everyday. all across the . Another Long-Awaited S-Comm “Reforms” are Designed to Missed Opportunity: How the .Id. .Id .Id .Id . How to Walk Out of a DHS Insecure Communities Hearing, AT (Aug. 18, 2011), http://www.iyjl.org/how-to-walk-out-of-a-dhs-insecure-communities- DOCX note 10, at 4 (alteration in original). The Task Force members met in Washington, D.C., and note 10, at 4 (alteration in original). The Task 350 348 349 347 346 351. Julia Preston, 345 After declaring that she was “undocumented[,]After declaring unafraid [and] -P. , N M K EAGUE C Y OOR Fail hearing/ [https://perma.cc/P729-WD5G]. enforcement/scommresponse/ [https://perma.cc/QK7Y-CZQX]. unapologetic” she and 300 others walked-out of the hearing. unapologetic” she substantial opposition to SCOMM task force hearings. at other cities’ protesters were arrested as a result of blocking a highway on-ramp.arrested as a result of blocking protesters were Including how to address some of the concerns about the program that ‘relate to [its] impact on Including how to address some of the concerns H profiling.’” community policing and the possibility of racial L Protesters argued that any attempts to reform SCOMM would be insufficient and urged task force members to resign from the hearing process instead and join their acts of civil disobedience. 2016] as undocumented, herself outing After members. her frustration she expressed with the public hearing: L criminalized the immigrant communitythreatened the relationship and further between that community and law enforcement. task force report ultimatelycriticized SCOMM both for creating confusion was mandatoryregarding whether jurisdictions’ participation and for eroding trust between communities and local police leading to public safety issues. supra cities where residents were knowledgeable of SCOMM.held information-gathering sessions in certain Virginia, and Chicago. The cities included Dallas, Los Angeles, Arlington, of the Homeland Security Advisory Council on Secure Communities was created as a Subcommittee by DHS Secretary Janet Napolitano. 38800-mqt_100-2 Sheet No. 164 Side A 02/22/2017 09:25:38 02/22/2017 A No. 164 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 164 Side B 02/22/2017 09:25:38 , M K C Y EAGUE L Jimenez [100:565 Complaint MMIGRANT I See USTICE J note 1. . (Sept. 14, 2011), alleging violations of OUTH EC supra S Y Simultaneous with 354 353 note 10, at 28–29. BREAKING: 12 Chicagoans Form OMELAND MMIGRANT supra note 3. Twelve activists were arrested , H , I note 119; Resignation Letter from Arturo note 2. In November 2013, six immigrants note 10, at 25–27. , supra T OF OUNCIL ’ C supra , supra EP supra D , EAGUE L Hing, EAGUE L DVISORY OUNCIL .A C USTICE J EC see also S USTICE J MARQUETTE LAW REVIEW MARQUETTE note 6. Later in May, twelve were arrested as they sat similarly on note 6. Later in May, twelve were arrested OUTH . (Sept. 14, 2011), http://big.assets.huffingtonpost.com/LaborLetter.pdf . (Sept. 14, 2011), http://big.assets.huffingtonpost.com/LaborLetter.pdf Y DVISORY OUTH EC .A S Y The current status of the lawsuits vary. In the The current status ) 2/16/17) 12:32 PM supra note 351; OMELAND , EC 355 S H ELETE supra D MMIGRANT EAGUE OT L , I OMELAND it is notable that five out of the nineteen task force membersof the nineteen task that five out it is notable did N MMIGRANT see also H O The following year, in April 2014, eleven were arrested outside the same detention The following year, in April 2014, eleven 352 OMELAND (D The Seven Sitting Down to Stop Deportations at Broadview Detention Center, The Seven Sitting Down to Stop Deportations T OF USTICE ’ BREAKING: 12 Chicagoans Form Human Chain Calling on President to Suspend BREAKING: 12 Chicagoans Form Human J DOCX EP note 2. 355. August 2011, NIJC lawyers filed Jimenez Moreno v. Napolitano In 354. they blocked the door of May of 2013, seven undocumented immigrants were arrested as In 352. H 353. Preston, Immigrant of civil to use the tool allies continued and their activists D -P. OUTH OOR Fifth Amendment due process and Fourth Amendment search and seizure violations. for Injunctive and Declaratory Relief and Petition for Writ of Habeas Corpus, Moreno v. Napolitano, No. 11-CV-05452 (filed Aug. 11, 2011). In 2012 and 2013, NIJC filed complaints alleging wrongful imprisonment. Complaint filed by James Aziz Makowski, Makowski v. Napolitano, No. 12-CV-05265 (filed July 3, 2012); Complaint filed by Sergey Mayorov, Mayorov v. United States, 13-CV-05249 facility after blocking the flow of traffic to protest the Obama administration’s deportations. This sit- facility after blocking the flow of traffic to protest that began with a march from ICE’s Chicago office and in was the culmination of two days of protests continued with a rally of a few hundred outside the immigrant jail. Fortino, [https://perma.cc/LA6B-L5P4]. using pipes, chains “linking arms together, Illinois, the immigration detention facility in Broadview, and locks.” resign in protest because they found themselves protest because they resign in to a report unable to sign on SCOMMthat suggested could somehow be improved. these coming out events and more acts of civil disobedience, traditional The Nationallitigation efforts intensified. Immigrant Justice Center (NIJC), a action and individual services nonprofit, filed both class Chicago based legal lawsuits DHS. against These lawsuits the alleged violations of basic liberties in form of Fifth Amendment Amendment due process and Fourth and search seizure violations. blocked a bus carrying immigrants from the Broadview detention center towards deportation by, blocked a bus carrying immigrants from the buses’ tires again shouting the “Not one more” mantra. among other things, attaching themselves to the in a Civil Disobedience Action to Stop a How a Middle-Aged Professor Came to Participate Deportation Bus Y 2011), at A12; Venegas, Jr., Committee Member, Wexler, Task Force on Secure Communities, to Chuck Chairman, Task Force on Secure Communities, U.S. 614 While improvements it considered what suggested force report the task to SCOMM, L at that event as many others lent support shouting the same mantra. at that event as many others lent support shouting Deportations Human Chain Calling on President to Suspend the street in front of the location of an Obama fundraiser and shouted “No more deportations. Not one the street in front of the location of an Obama more.” Deportations, I http://big.assets.huffingtonpost.com/VenegasLetter.pdf [https://perma.cc/2TLA-QMNZ];http://big.assets.huffingtonpost.com/VenegasLetter.pdf Resignation Crane, & MonicaLetter from Andrea Zuniga DiBitetto, Christopher Beamer, Committee Members, Wexler,Task Force on Secure Communities, to Chuck Chairman, Task Force on Secure Communities, U.S. disobedience in Illinois to express their disagreement with SCOMM to express their disagreement disobedience in Illinois and the system until the program’s of deportation dismantling. supra 38800-mqt_100-2 Sheet No. 164 Side B 02/22/2017 09:25:38 02/22/2017 B No. 164 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 165 Side A 02/22/2017 09:25:38 356 360 USTOMS C Counties Enrolled in 615 In two 2010 events, MMIGRATION AND 362 ,I 357 Mayorov v. United States, 84 F. note 94, at 2 n.13. Cf. During this time, California 359 supra ]. In addition, a Deportation Nation blog ., ERV URISDICTIONS . at 918. S J ., No. 11-CV-05452, 2014 BL 271979 (N.D. Ill. ., No. 11-CV-05452, 2014 BL 271979 (N.D. Id note 308. et al URISDICTIONS J ESEARCH supra CTIVATED Thereafter, other state governors swiftly Thereafter, other .R ,A 358 ONG CTIVATED ,C . v. Napolitano et al According to an ICE report, by July 7, 2010, SCOMM According to an ICE report, by July ANUEL A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY OMMUNITIES ) 2/16/17) 12:32 PM 361 M C Part III for a description of how SCOMM was activated by county. ELETE D OT ECURE (Jan. 19, 2016). N Letter from Gov. Pat Quinn, Memorandum of Agreement Between Dep’t of Homeland Sec., Immigration and S O (D class action, plaintiffs’ motion action, plaintiffs’ class summary for judgment of as is pending settled (Feb. 19, 2015); Mayorov v. United States, No. 13-CV-5249, 2015 BL 80716 (N.D. Ill. Mar. (Feb. 19, 2015); Mayorov v. United States, No. .See . See generally . See supra .See .See DOCX (July 7, 2010) [hereinafter A 357. Makowski v. United States, No. 12-CV-05265, 2014 BL 379362 (N.D. Ill. Mar. 18, 2014) 358 359 356. Moreno Jimenez 360 362 361 DHS targeted multiple California counties for early SCOMM activation. Immigrant immigration to harsh in Illinois activists’ opposition T -P. ’ M K NF C Y OOR 23, 2015) Sept. 30, 2014). dismissed immigrant in their own activists engaged against SCOMM. battles 2. California: E the date of this writing on both the search and seizure and due process claims. and due process and seizure this writingthe date of search on both the officials signed as Attorney General, California Back in 2008, with ICE. an MOA with (filed July 22, 2013). In Makowski,U.S. government pursuant to the a U.S. citizen plaintiff sued the he was held in prison for seventy days, instead of being Federal Tort Claims Act (FTCA) stating that detainer issued without probable cause. Makowski released to boot camp, because of an immigration Ill. 2014). The Districtv. United States, 27 F. Supp. 3d 901, 907 (N.D. Judge denied the government’s claim concluding that plaintiff alleged “a plausible motion to dismiss that FTCA count of the complaint for false imprisonment against the United States.” 2016] Moreno Another twolawsuits were in 2015 and 2016. settled L false imprisonment claim because although the U.S. citizen plaintiff was placed back in jail from the false imprisonment claim because although the detainer he remained at all times in Illinois boot camp program as a result of an immigration summary judgment on the claim that DHS negligently Department of Corrections custody but denied issued the detainer). enforcementcontributed to a domino impact effect whose extended beyond and inquiries from external influenced by this opposition state lines. Likely whichlocalities and politicos Representative Lofgren’s California included investigatory demands, Governor Quinn sought to rescind Illinois’ collaboration with SCOMM. attempted to opt-out. DHS’s position that programattempted to opt-out. was mandatory participation prompted litigation and a national investigation. reports that by August 2, 2010, 100% of California counties were activated. See had been activated in 36% of California jurisdictions. Customs Enf’t, and Cal. Dep’t of Justice, Bureau of Criminal Identification and Info., Customs Enf’t, and Cal. Dep’t of Justice, Bureau of Criminal Identification and http://www.ice.gov/doclib/foia/secure_communities/securecommunitiescaliforniamoa10april2009.pd f [https://perma.cc/FKN4-JDP3]. Supp. 3d 678, 696–705 (N.D. Ill. 2015) (where the District Judge granted summary judgment on the 38800-mqt_100-2 Sheet No. 165 Side A 02/22/2017 09:25:38 02/22/2017 A No. 165 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 165 Side B 02/22/2017 09:25:38 M K HE 363 C Y , T LA Civil note 363. , ACLU (June supra , . (May 10, 2010), LL A LLIANCE A San Francisco Sheriff San Francisco [100:565 [100:565 369 USTICE (Aug. 2, 2010), USTICE J .J note 363. GSA (last visited Feb. 7, 2017), ATION LOB N LOBAL G and pledged resistance through civil and pledged resistance G supra , note 363. 366 Supreme Court Reinstates Arizona “Show Me Your Supreme Court Reinstates Arizona “Show Me As activists for their protests, justification supra RANCISCO ., F LLIANCE 364 A RASSROOTS RASSROOTS LL A G AN , G EPORTATION That move with San Francisco’s was consistent D USTICE , S J 368 The Santa Clara County Board of Supervisors also County Board of Supervisors also The Santa Clara USTICE MARQUETTE LAW REVIEW MARQUETTE see also Groups Protest Implementation of Secure Communities Program Groups Protest Implementation of Secure Communities .J 370 LOB LOBAL ) 2/16/17) 12:32 PM G G note 364; ELETE Simultaneous with these protests, certain California localities D as well as racial profiling, 367 OT (May 26, 2010), http://www.smdailyjournal.com/articles/lnews/2010-05-26/groups- supra N 365 O RASSROOTS RASSROOTS (D . Ordinance Sanctuary OURNAL J DOCX 370. Attorney General, California Department of Justice, et Letterto Hon. Edmund G. Brown, 365. G 366. Bay, 363. At activists protested the Arizona’s SB1070 state law that permitted Arizona this event, 367. G 368. S.F. 2010), Bd. of Supervisors, Res. No. 269–10 (May 21, 369 364. Laura Dudnick Bay, -P. AILY OOR al., from Sheriff Michael Hennessey, City & County of San Francisco (Aug. 31, 2010), al., from Sheriff Michael Hennessey, City & County of San Francisco (Aug. 31, http://uncoverthetruth.org/wp-content/uploads/2010/09/Secure-Comunities-Setting-the-Record- Straight.pdf [https://perma.cc/8V5Z-4BC6]. http://sfgov.org/ccsfgsa/sanctuary-ordinance. articulated the dehumanization and criminalization the dehumanizationarticulated immigrant of the and community, protest-implementation-of-secure-communities-program/132241.html [https://perma.cc/EM33-protest-implementation-of-secure-communities-program/132241.html 64MF]. Hennessey sent a letter to ICE requesting that San Francisco County be allowed that San Francisco to ICE requesting Hennessey sent a letter to opt out of SCOMM. D Secure Communities, 616 themselves by chaining first in resistance engaged had activists and together an immigration fromdeportation buses blocking center detention entering protesting that courthouse steps the county by standing outside and then SCOMMjurisdiction’s activation. L Papers” Law, but Strikes Down Three Other Provisions of Anti-Immigration Measure Provisions of Anti-Immigration Papers” Law, but Strikes Down Three Other http://ggjalliance.org/node/392 [https://perma.cc/RG3F-BHSY]. SB1070 has been called the “show http://ggjalliance.org/node/392 [https://perma.cc/RG3F-BHSY]. refused to show their identification when requested by your papers” law and at this protest activists police in solidarity with immigrants in Arizona. http://www.businessofdetention.com/deportationnation/library/sc-map/ [https://perma.cc/UQ42- http://www.businessofdetention.com/deportationnation/library/sc-map/ 3FNL]. individual with whom they came into contact. police to check the immigration status of any Disobedience Against AZ SB1070 general position regarding immigrants,general position regarding since it was one of the few cities that policy before SCOMM.had adopted a sanctuary disobedience. began attempting to opt-out or limitbegan attemptingSCOMM. to opt-out That year, the San Francisco voted to stop complianceBoard of Supervisors with SCOMM immigration enforcement, concerns about discriminatory detainers, expressing pretextual safety. arrests, and public http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/resolutions10/r0269-10.pdf [https://perma.cc/H92D- http://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/resolutions10/r0269-10.pdf T7X9]. 25, 2012), https://www.aclu.org/news/supreme-court-reinstates-arizona-show-me-your-papers-law- strikes-down-three-other-provisions [https://perma.cc/N5Y9-GG2M]. 38800-mqt_100-2 Sheet No. 165 Side B 02/22/2017 09:25:38 02/22/2017 B No. 165 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 166 Side A 02/22/2017 09:25:38 (Oct. (Oct. 1, In his his In EUTERS 375 (May 1, 2011), MPACT , R I Counties Say No ATE Due Process for All (July 21, 2015) G SF Request to Opt Out of , S.F. . (Sept. 28, 2010) . (Sept. 28, 2010) Undeterred, the San Undeterred, 617 AL MMIGRATION XAMINER 374 I —one of year in advance E Michele Waslin, 372 ,C sted-in-wake-of-steinle-homicide/ see also , S.F. LARA C Santa Clara County Ends Collaboration with note 308. ANTA However, after San Francisco and Santa after San Francisco However, S 373 supra , KGO-TV (May 25, 2010), , KGO-TV (May 25, These California These were jurisdictions in early 371 OF . TY Secure Communities Destroys Public Trust San Francisco Passes Law to Prohibit Immigrant Holds San Francisco Passes Law to Prohibit Immigrant (Oct. 18, 2011), http://newamericamedia.org/2011/10/santa-clara-county- , C A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM EDIA ELETE M D OT N Laila Kearney, Letter from Gov. Pat Quinn, O . MERICA (D A .See .Id .News Release .News DOCX EW see also 373 374. Brown cited in his denial the need for state-wide uniformity. 372 371 375. Michael Hennessey, -P. , N M K C Y OOR Illinois Governor Quinn’s request. Quinn’s Illinois Governor editorial, the chief recalled the executive director of the ICE Office of State and recalled the executive director editorial, the chief announcing to law enforcementLocal Coordination the 2008 Police at enough evidence to conference “[i]f you don’t have Foundation’s national charge someone criminally illegal, we but you think he’s make can him Secure Communities Denied Letter from Edmund G. Brown, Jr., http://abclocal.go.com/story?section=news/state&id=7461945; Michael Hennessey, City & County of San Francisco, Attorney General, Cal. Dep’t of Justice to Sheriff (May25, 2010), https://oag.ca.gov/news/press-releases/brown-denies-san-francisco-sheriffs-request- In 2013, the San Francisco opt-out-secure-communities-program [https://perma.cc/D9D6-WLA2]. concerns and the disproportionate targeting and Board of Supervisors, referencing equal protection that only permitted compliance with immigration impact on the Latino population, passed an ordinance years of a violent felony and with a probable cause detainers for those convicted within seven Code Ordinance No. 204-13, Chapter 121.1- determination of a pending violent felony. Administrative 121.7; ends-collaboration-with-ice.php [https://perma.cc/SPC6-G9XA]. ends-collaboration-with-ice.php [https://perma.cc/SPC6-G9XA]. 2016] unanimously to opt-out. voted L Francisco Sheriff later penned an op-ed criticizing SCOMMFrancisco Sheriff and calling for the enactment of a state-wide law limiting California’s compliance. http://www.sfgate.com/opinion/article/Secure-Communities-destroys-public-trust- 2373213.php#photo-1809895 [https://perma.cc/X3TE-PE2F]. to ICE’s Secure Communities Program, But Is Opting Out Possible?, to ICE’s Secure Communities Program, But Is 2010), http://immigrationimpact.com/2010/10/01/counties-say-no-to-ices-secure-communities- After creating a task force to program-but-is-opting-out-possible/ [https://perma.cc/3FR3-NPPD]. their requests to rescind SCOMM,their requests 2010 doing so in https://www.sccgov.org/sites/opa/nr/Pages/County-of-Santa-Clara-to-Request-to-Opt-Out-of-Secure- [https://perma.cc/37UP-5X79];Communities-Program.aspx consider the issue, Santa Clara instituted a policy in 2011 that essentially terminated any of the county’s 2011 that essentially terminated in consider the issue, Santa Clara instituted a policy Perez, collaboration with ICE. Raj Jayadev & Fernando ICE 1, 2013), http://www.reuters.com/article/us-usa-immigration-sanfrancisco- It bears mentioning that this ordinance idUSBRE99102Y20131002 [https://perma.cc/X3TE-PE2F]. It is alleged that Steinle. was revisited in 2015 after the shooting of Kathryn the decedent was killed by San Francisco authorities who refused to honor by Juan Francisco Lopez-Sanchez, who was released an ICE detainer consistent with the ordinance. was released after his twenty-year- Mr. Lopez-Sanchez old warrant for possession of marijuana was dismissed. Jonah Owen Lamb, Ordinance Revisited in Wake of Steinle Homicide http://www.sfexaminer.com/due-process-for-all-ordinance-revi [https://perma.cc/4G6M-5DEG]. Clara’s requests to cease participation in SCOMM participation in to cease Clara’s requests to then were referred Attorney General Jerry Brown, he denied the requests. 38800-mqt_100-2 Sheet No. 166 Side A 02/22/2017 09:25:38 02/22/2017 A No. 166 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 166 Side B 02/22/2017 09:25:38 , M K See C Y Hundreds [100:565 Notably, Los 380 (July 12, 2011), L.A. (broadcast Aug. 15, 2011), L.A. (broadcast Aug. 15, 2011), EWS In 2011, 2012, and 2013, In 2011, 2012, and N 382 L.A. Activists Confront Obama , CBS note 350. 379 ERCURY note 362. M supra ., UC Berkeley Student Senator Released After Arrest at UC Berkeley Student Senator Released After TR supra , C OSE J AW L (Apr. 27, 2011), http://www.fightbacknews.org/2011/4/27/all- MARQUETTE LAW REVIEW MARQUETTE EWS All Out for May 1, 2011 in LA: Demand Legalization, End to Police, All Out for May 1, 2011 in LA: Demand Legalization, AN !N Controversial Immigration Enforcement Program is Target of Lively Controversial Immigration Enforcement Program URISDICTIONS J ) 2/16/17) 12:32 PM ACK B , S MMIGRATION I ELETE (Aug. 15, 2011), http://latimesblogs.latimes.com/lanow/2011/08/immigration- note 333. were complying with detainers. L D ’ (Sept. 27, 2011), http://www.fightbacknews.org/2011/9/27/la-activists-confront- IGHT Then California Attorney General Brown’s response to San to response Brown’s General Attorney California Then F 381 OT Opponents continued justifying their acts of resistance and civil justifying their acts of resistance Opponents continued AT CTIVATED IMES N EWS As previously mentioned, Lofgren’s demands were instrumental at multiple “[P]ublic outcry” task force meetings nationwide 376 T supra A Letter from Rep. Zoe Lofgren, Ranking Member, Subcommittee on Immigration Policy Letter from Rep. Zoe Lofgren, Ranking Member, N Carlos Montes, O 383 . . . !N (D 377 378 L.A. .See .Id .See . Supra note 338 and accompanying text. .See .Id .Id .See ACK DOCX B 380 376 377 378 379 381 382 383 While of California localities had attempted a couple limit to take steps to -P. Gamboa, IGHT OOR SCOMM most in 2010, were participating in the program. out-may-1-2011-la [https://perma.cc/54ZJ-8SR5] (Protestors marched against SCOMM.out-may-1-2011-la [https://perma.cc/54ZJ-8SR5] in L.A. at the city’s May Day Celebration); Matt O’Brien, Immigration Rally Francisco and Santa Clara that participation was mandated participation was and Santa Clara that Francisco the state, throughout suggesting DHS documents and FBI internal disclosure of ICE as well as misled SCOMM about whether jurisdictions mandatory, was California fueled Congresswoman the demand Zoe Lofgren’s into for an investigation program. in leading to the creation of the national task force that investigated the task force that investigated the creation of the national in leading to the program. opposition to SCOMM.highlighted broad obama [https://perma.cc/4UEK-FB6F] (After speaking out against the program at a L.A. SCOMM task and joined force hearing, about 200 people walked out of the hearing shouting “terminate the program” during Obama’s September 2011 L.A. visit demanding crowds picketing outside. Over 200 protested 618 disappear.” L activists engaged in multipleactivists engaged of increasing numbers throughout protests California. enforcement-program-is-the-target-of-protest.html [https://perma.cc/NB5X-DQUR]; [https://perma.cc/NB5X-DQUR]; enforcement-program-is-the-target-of-protest.html Protest Fingerprinting Program that Leads to Deportations http://losangeles.cbslocal.com/2011/08/15/hundreds-protest-fingerprint-sharing-program-by- immigration-authorities/ [https://perma.cc/2T94-ZD2R]; http://www.mercurynews.com/2011/07/12/uc-berkeley-student-senator-released-after-arrest-at- (After a “coming out” as undocumented rally in San immigration-rally/ [https://perma.cc/3DSP-37QL] traffic and were arrested and charged with misdemeanor Bernardino on July 2011, activists interrupted crimes.); Paloma Esquivel, Protest, Angeles County and the City of Los Angeles, the mostAngeles County and jurisdictions populated in California, and Enforcement to Charles K. Edwards, Acting Inspector General, U.S. Department of Homeland and Enforcement to Charles K. Edwards, Acting Security, and Timothy Moynihan, Assistant Director, Office of Professionals Responsibility, 28, 2011), available at uncoverthetruth.org/wp- Immigration and Customs Enforcement (Apr. content/uploads/2011/05/Letter-to-DHS-OIG-re-SComm-Investigation-Follow-Up-5-17-11.pdf. also F ICE Repression, 38800-mqt_100-2 Sheet No. 166 Side B 02/22/2017 09:25:38 02/22/2017 B No. 166 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 167 Side A 02/22/2017 09:25:38 , , Ammiano UFFINGTON H 386 (Dec. 11, 2011), . 91, 97 (2012). Criminal Clinics in the EV EWS !N 619 L. R note 383. ACK B RVINE supra I , The Pacifica Evening News, KPFA , see also Protesters Demand of Obama IGHT Ingrid V. Eagly, Breaking: Undocumented People, Allies F MM City Hall as outside the San Francisco , 2 U.C. ETWORK encouraged police harassment encouraged of Domestic Abuse Victims and Immigrant Rights Domestic Abuse Victims and Immigrant Rights see also .N 384 RG Chief Beck Eases Policy on Illegal Immigrant Immigrant Rights Activists Protest Sheriff Baca at Immigrant Rights Activists Protest Sheriff Baca O In 2011, the Los Angeles City Council In 2011, the Los (Dec. 19, 2011); 387 (Jan. 26, 2012), http://www.colorlines.com/articles/ten- EWS (Feb. 23, 2012), http://www.ndlon.org/en/pressroom/press- !N ABORER “Secure Communities”: End It, Don’t Mend It, “Secure Communities”: End It, Don’t Mend L Ten Undocumented Youth Arrested in San Bernardino for Civil Ten Undocumented Youth ACK AY B D OLORLINES ETWORK L ’ , C (broadcast on July 23, 2013), (broadcast on July IGHT .N AT A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY (Oct. 4, 2012), http://articles.latimes.com/2012/oct/04/local/la-me-lapd- , F ) 2/16/17) 12:32 PM N RG and chilled that community’s and chilled access to police. (Mar. 24, 2012), http://www.huffingtonpost.com/pablo-alvarado/secure- O IMES ELETE 385 T D ERKELEY OICES OT V N ABORER O (June 7, 2013), http://www.notonemoredeportation.com/2013/06/07/iyc-demo/ L , L.A. (D AY ORE ATINO D DOCX L 1M L 384. TheOrganization Network, a group who participated Director of the National Day Laborer 387. Rubin & Andrew Blankstein, Joel 385. A street vendor harassment by police and deportations protest participant recounted 386. Press Release, Shifting lawShifting enforcement’sAngeles City of Los position in the was -P. ’ M K OT AT OST C Y OOR Deportation immigrants in mundane engaging car vending or working such as street tasks as a day laborer, undocumented-youth-arrested-san-bernardino-civil-disobedience-dhs-office [https://perma.cc/R3GW-DBPP] students, undocumented immigrants, including college (Ten young activist the San Bernardino DHS building. One January 2012 “sit-in” outside were arrested during a activists, are employing their civil youth that “many immigrant coalition member confirmed like Secure Communities and 287(g) that programs call an end to enforcement disobedience tactics to Press Release, up into the country’s deportation machine.”); are sweeping the community Reveals TRUST Act Details as Hundreds Rally Against Sheriff Baca’s Immigration Policies In LA Reveals TRUST Act Details as Hundreds Rally N http://www.fightbacknews.org/2011/12/11/protesters-demand-obama-and-la-sheriff-baca-stop- policeice-repression [https://perma.cc/R3H7-P6MM]; http://pacificaeveningnews.blogspot.com/2013/07/domestic-abuse-victims-and-immigrant.html http://pacificaeveningnews.blogspot.com/2013/07/domestic-abuse-victims-and-immigrant.html SCO [https://perma.cc/42DD-7HXT] (Activists protested victims to avoid contacting police because of fear they highlighted how the program causes domestic proceedings and called for San Francisco’s of being detained themselves and placed in deportation SCOMM.). in county’s participation adoption of an ordinance which would end the to SCOMMand organized much of the grass root opposition in California, lodged these accusations against the program. Pablo Alvarado, communities-end-it_b_1375814.html [https://perma.cc/URE6-HZ6Q]. releases/item/445-pr-trust-la [https://perma.cc/PQB2-LRRR] (Hundreds, including day laborers, (Hundreds, releases/item/445-pr-trust-la [https://perma.cc/PQB2-LRRR] of SCOMM.); marched in L.A. on February 2012, in protest Block Intersection During President’s Los Angeles Fundraiser Calling for Stop to Deportations Block Intersection During President’s Los Angeles #N P an end to SCOMM.); Jorge Rivas, 2016] SCOMM that by charging disobedience arrests without racial profiling, led to deportations, cause, arbitrary probable Office Disobedience at DHS L 94.1-FM B important to the fight against SCOMM complied since that jurisdiction with each year. thousands of detainers [https://perma.cc/DB9B-PH2G] (While rallied against SCOMM, others also eleven undocumented June of 2013 as they encircled a banner reading activists blocked Santa Monica traffic in “Undocumented, Unafraid: Not1More Deportation.”); Activists Protest “Secure Communities” Program at SF City Hall Activists Protest “Secure Communities” Program and L.A. Sheriff Baca: Stop Police/ICE Repression!, and L.A. Sheriff Baca: Stop Police/ICE immigration-20121004 [https://perma.cc/A5L2-DRXD]. resulting from traffic arrests. Carlos Montes, Awards Event in West L.A. Pursuit of Immigrant Rights: Lessons from the Loncheros 38800-mqt_100-2 Sheet No. 167 Side A 02/22/2017 09:25:38 02/22/2017 A No. 167 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 167 Side B 02/22/2017 09:25:38 , ., M K 388 In EPT C Y D 389 ETWORK [100:565 Instead, .N In 2011, 393 RG O HERIFF 391 (May 16, 2011), S IMES 390 T ABORER L KHRW] (last visited Feb. 7, AY , L.A. D L ’ . (June 30, 2011), AT TR [FAQs], L.A. , N C AW note 383. L Sheriff Baca Questions Civil Rights of Illegal Immigrants, Sheriff Baca Questions Civil Rights of Illegal Inquiries, Contact Information, Commendations/Complaints, Inquiries, Contact Information, Commendations/Complaints, note 387. This refusal resulted in a lawsuit This refusal resulted same by these MARQUETTE LAW REVIEW MARQUETTE supra 395 Lee Baca: Let Us Deport the Bad Guys MMIGRATION Rights Advocates Sue L.A. County Sheriff Lee Baca Over Immigrant Data Rights Advocates Sue L.A. County Sheriff Lee Baca I note 383. ) 2/16/17) 12:32 PM and wrote an op-ed for the Los Angeles and wrote an op-ed Times that stating 392 (May 13, 2011), http://losangeles.cbslocal.com/2011/05/13/sheriff-baca- ELETE supra L D ’ The L.A. Sheriff further refused immigrant The L.A. Sheriff 2011 rights groups’ OT RESS AT N 394 P O (July 1, 2011), http://articles.latimes.com/print/2011/jul/01/local/la-me-baca-suit- . That same year, Chief Beck had also made other pro-immigrant moves such as . That same year, Chief Beck had also made . The sheriff was the target of this lawsuit not only but also the target . only The environment of immigrant resistance in California may have affected not (D Id 396 .Id .Id . Lawsuit Seeks to Uncover Truth Behind Sheriff’s Immigration Operations in Los Angeles . Los Angeles Resolution Calls for SCOMM Opt Out IMES DOCX T 390 393. Lee Baca, Op-Ed, 394 395 388 392. Paloma Esquivel, 389. Rubin & Blankstein, 391. The Los Angeles Sheriff Department provides policing in areas of Los Angeles County that 396. Esquivel, Densely L.A. populated County was In that battleground. another vital -P. SSOCIATED OOR 20110701 [https://perma.cc/H9A9-LJ82]; A racial profiling and other SCOMMracial profiling and related concerns were misplaced. expressing support for issuing driver’s licenses to immigrants and limiting the impoundment of expressing support for issuing driver’s licenses license—an a vehicles of those charged with driving without offense with which immigrants are often charged. the other problems faced by immigrants. officials’ views about SCOMM but also about are not incorporated into cities. Suggestion and Most Frequently Asked Questions Suggestion and Most Frequently Asked questions-civil-rights-of-illegal-immigrants/ [https://perma.cc/27AM-QMKS]. of protests. In December Sheriff Baca’s actions resulted in a march of 2011, of http://articles.latimes.com/2011/may/16/opinion/la-oe-baca-immigration-20110517 [https://perma.cc/5LK8-56MB]. County, N his statement, Chief Beck highlighted harms safety. to public 620 program. with the cease cooperation the city that urging a resolution adopted Police Chief year, Los Angeles The following that he would Charlie Beck stated not comply with in arrests for low these detainers level criminal offenses. L county, SCOMM advocate in its Sheriff Lee Baca. had a vocal Sheriff Baca alienated immigrant advocates when he declared during a radio when he declared during a immigrantSheriff Baca alienated advocates interview that undocumented immigrantswere not to the same entitled civil rights as citizens https://www.nilc.org/2011/06/30/community-groups-sue-l-a-county-sheriff-baca/ [https://perma.cc/XA8Q-U2TS]; Esquivel, supra groups. the sheriff labeled the program successful stating the programthe sheriff labeled criminalthat it detained successful immigrants. http://shq.lasdnews.net/Contact.Info-ALL.html [https://perma.cc/C38J- http://shq.lasdnews.net/Contact.Info-ALL.html 2017). (June 6, 2011), http://www.ndlon.org/en/pressroom/press-releases/item/200-los-angeles-resolution- calls-for-scomm-opt-out [https://perma.cc/HQ7L-EN7M]. public records requests about his department’spublic records requests cooperation with federal immigration authorities. L.A. 38800-mqt_100-2 Sheet No. 167 Side B 02/22/2017 09:25:38 02/22/2017 B No. 167 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 168 Side A 02/22/2017 09:25:38 , (Oct. , L.A. The (July 19, IMES 402 Joe Arpaio T EWS EW !N N (Jan. 15, 2012), ACK Less than two Less than B (Jan. 7, 2014), 397 EWS HOENIX !N P IGHT 621 Groups called for the Groups EEKLY , F ACK 399 B IGHT Plagued by Scandal, Sheriff Lee Baca The Long, Lawless Ride of Sheriff Joe , F , L.A. W Kerry Attacks; Steroids & Baseball; Skating Joe Hagan, , CNN (aired Mar. 10, 2004 at 19:00 ET), transcript , CNN (aired Mar. 10, 2004 at 19:00 ET), transcript See Gene Maddaus, EGREES note 385. see also (Aug. 2, 2012) (“Joe Arpaio, the 80-year-old lawman who (Aug. 2, 2012) (“Joe Arpaio, the 80-year-old lawman The following year, Sheriff Baca was singled out Baca was singled year, Sheriff The following agued-by-scandal-sheriff-lee-baca-resigns-to-avoid-bruising-re- 360 D Carlos Montes Speaks on Resignation of LA Sheriff Baca Carlos Montes Speaks on Resignation of 398 Nevertheless, Sheriff Baca was also embroiled Nevertheless, Sheriff a in supra In late 2012, Sheriff Baca ceased honoring federal Baca ceased honoring federal In late 2012, Sheriff , 403 declaring that due to his cooperation with SCOMM declaring that due AGAZINE 401 OOPER A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY 400 ) 2/16/17) 12:32 PM note 385. EWS Baca Will No Longer Turn Over Low-level Offenders to Immigration M C Information Bulletin dated 12-4-12 from , Attorney General, !N ELETE D (Jan. 13, 2014); TONE ACK , supra S OT B Mick Kelly, N see also EWS NDERSON O ; . See !N IGHT (D , A OLLING . Communities’ Sheriff Baca Told to Break Ties with ‘Secure .Id. . Baca Spirited Protest Against LA’s Sheriff .Id ACK DOCX , R (Dec. 5, 2012), http://latimesblogs.latimes.com/lanow/2012/12/baca-immigration-secure- B 401 403 402. Cindy Chang, 397. F 400 398. Montes 399 -P. M K IMES IGHT C Y OOR http://www.fightbacknews.org/2012/1/15/spirited-protest-against-la-s-sheriff-baca [https://perma.cc/NC7M-36YQ].of brutality In 2014, Sheriff Baca did resign his post amid allegations about inmate abuse at the jail that resulted in against minority youth, including an FBI investigation celebrated by immigrant rights resignation was His criminal charges against eighteen deputies. activists. http://www.laweekly.com/news/pl election-battle-4288262. weeks this march, after was Sheriff Baca met with opposition at a speaking loud engagement in West L.A. Arpaio 2012), http://www.fightbacknews.org/2012/7/19/sheriff-baca-told-break-ties-secure-communities considered himself to be “America’s toughest sheriff” [https://perma.cc/ZN8U-7NRJ]. Sheriff Arpaio and toed a hard line on illegal immigration. communities.html [https://perma.cc/JR9V-PD3J]. Secure Cal. Dep’t of Justice regarding Responsibilities of Local Enforcement Agencies under Communities. detainers, Sheriff Baca had “deport[ed] moredetainers, Sheriff than Arizona’s people per year Sheriff Joe Arpaio.” 18, 2012 at 7:54 p.m.), http://www.phoenixnewtimes.com/blogs/joe-arpaio-obliterated-in-new-tv-ads- by-citizens-for-professional-law-enforcement-6502025attacked for stance on pink (Sheriff Arpaio underwear for inmates). T 2016] fromhundreds an immigration activists jail where the local to center detention ICE detainers. demanded stop enforcing that L.A. County L Resigns To Avoid Bruising Re-election Battle Resigns To Avoid Bruising Re-election sheriff’s spokesperson stated that this change wassheriff’s spokesperson of a bulletin from a result California Attorney General Kamala Harris were that the federal hold requests not compulsory each law and institute policies enforcement should agency about when to comply. Obliterated in New TV Ads by Citizens for Professional Law Enforcement,Obliterated in New TV Ads by Citizens for Professional available at http://transcripts.cnn.com/TRANSCRIPTS/0403/10/acd.00.html [https://perma.cc/288T- available at http://transcripts.cnn.com/TRANSCRIPTS/0403/10/acd.00.html WNQT] prison chain-gang labor); Stephen Lemons, (Sheriff Arpaio reinstitutes by name at multiple of the L.A. community’s protests. himself ‘America’s toughest sheriff’”); Anderson Cooper, himself ‘America’s toughest sheriff’”); Anderson on Thin Ice sheriff’s resignation immigration detainers for immigrants for low arrested level crimes. F 38800-mqt_100-2 Sheet No. 168 Side A 02/22/2017 09:25:38 02/22/2017 A No. 168 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 168 Side B 02/22/2017 09:25:38 M K C Y LBERT A [100:565 That lawsuit 404 note 219. The preceding , Roy v. Cty. of Los Angeles, , ACLU (Mar. 12, 2013), supra note 11. at the state level activists at the state level supra 406 , (Oct. 31, 2012), Coleman, See Recommendation to Members of the City Council Recommendation to Members of the City Council ETWORK N ERKELEYSIDE see also Such a law would provide base protections provide Such a law would 407 MMIGRATION (Oct. 11, 2012), http://acjusticeproject.org/2012/10/11/east-palo- I MARQUETTE LAW REVIEW MARQUETTE , B EGAL ROJECT ) 2/16/17) 12:32 PM L P ELETE D OT USTICE ATHOLIC J N C O After the passage of the state wide TRUST Act, no California After the passage of the state wide (D 405 408 .See . Complaint for Injunctive and Declaratory Relief and Damages . Caseal. v. Los Angeles County Updates, Roy, et. . See the East Palo Alto City Council supra notes 321–24 and accompanying text. In 2012, DOCX 408 407. Geopolitics Mathew Professor Coleman studied this question of unequal immigration 404 405 406 While steps at varying and officials took California jurisdictions different -P. OBARRUBIAS OOR speeds to limit with SCOMM, cooperation C 622 timeat that lawsuit action class and Fourth process due alleged which Amendment bail and release practice of refusing of his as a result violations from detainers. with ICE County Jail of individuals the L.A. L for immigrants departments. across counties, cities, and police the state Before and later becamewide law was passed on January 1, 2014, only eight effective of California’s rules curtailing full counties and cities had fifty-three compliance with immigration detainers—althoughthese eight included some of the most namely jurisdictions in California, populous the City of Los and San Francisco County, Santa Clara County, Angeles, Los Angeles County. led to L.A. County ceasing the procedure of denying bail based on an ICE of denying bail based the procedure County ceasing led to L.A. detainer. discussion of California jurisdictions suggests that the same uneven enforcement existed in that state. discussion of California jurisdictions suggests that the same uneven enforcement existed in These differences may be even more likely in such a geographically vast state like California. from City Manager Christine Daniel (Oct. 30, 2012). In 2013, the Richmond California Police from City Manager Christine Daniel (Oct. that it would not complyDepartment adopted Policy No. 428 declaring and with ICE detainer requests Unit . . . unless they Department Detention Police that ICE would be denied “access to the Richmond or order signed by a judge.” Richmond Cal. Police are there to pick up a prisoner on a federal warrant Dep’t Policy No. 428. the application of 287(g) and SCOMM in Wakeenforcement across a state when he compared County authorities and City of Durham in North Carolina and concluded that immigration enforcement by local differed greatly in the two jurisdictions. Due to variables at the local level, Coleman found immigration enrolled enforcement to be uneven in these localities, despite being situated in the same state and both in the federal immigration enforcement programs. http://www.berkeleyside.com/2012/10/31/berkeley-officials-say-no-to-federal-immigration- detainers/ [https://perma.cc/JHL7-UYPM]; alto-city-council-passes-resolution-against-juvenile-detainer-requests/ [https://perma.cc/9SB6- alto-city-council-passes-resolution-against-juvenile-detainer-requests/ voted to seriously limit the circumstances under KMWA], and the Berkeley City Council unanimously request, Emilie Raguso, Berkeley Says ‘No’ to Federal which Berkeley would honor an ICE detainer Immigration Detainers 114 F. Supp. 3d 1030 (C.D. Cal. 2015). https://www.aclu.org/cases/roy-et-al-v-los-angeles-county [https://perma.cc/EV4G-7FVH]. https://www.aclu.org/cases/roy-et-al-v-los-angeles-county advocated for passage of a law that would mandateadvocated for passage limited compliance across California with ICE detainers. passed a resolution urging its neighboring San Mateo County to limit cooperation with ICE detainers, County to limit cooperation with ICE detainers, Mateo passed a resolution urging its neighboring San Against Juvenile Detainer Requests, East Palo Alto City Council Passes Resolution 38800-mqt_100-2 Sheet No. 168 Side B 02/22/2017 09:25:38 02/22/2017 B No. 168 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 169 Side A 02/22/2017 09:25:38 , 623 but thus MORE 1 413 409 OT Failure note 409, at The Act The Act . 2593, 2595 410 , #N 411 EV (Oct. 1, 2012), .L.R OST Nevertheless, the Nevertheless, the P ARV 412 (July 9, 2013), LOG , 127 H B Attorney General Kamala Harris , AB-4, 1st Sess. (Oct. 5, 2013), UFFINGTON Recent Legislation, supra See ’, H IGEST OICES D See also . V S ’ TRUST Act Vetoed: California Gov. Jerry Brown TRUST Act Vetoed: California Gov. Jerry Brown Why Undocumented Californians Sat-in Governor OUNSEL ATINO L .C See also Recent Legislation EG note 409, at 2598 ., L OST Jonathan Perez, P § 7282.5(a) (West 2014). supra note 414. See also Elise Foley, § 7282.5(a) (West 2014). note 403. UFF SSEMB A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY Mirroring the Undocu-Bus, twenty-three undocumented ) 2/16/17) 12:32 PM ODE H supra A ODE , see also 415 supra .C ELETE .C D OV TATE OV MORE OT S 1 N .G .G Letter from Gov. Brown to Members of the California Assembly regarding Assembly Letter from Gov. Brown to Members of the O OT AL AL AL (D . Recent Legislation, .See . See Undocumented Caravan to Restore Trust for California’s Families Advocates mobilized version of the bill was as the second submitted to DOCX 414 412. C 411 410. C 415. #N 413 414 409. C The legislative history of the TRUSTThe legislative history Act demonstrates that the law was -P. M K C Y OOR 2598. Calls Limits On Immigration Enforcement ‘Flawed Calls Limits On Immigration Enforcement road to the passage of the TRUST Act was rocky with then California Governor road to the passage of the TRUST Act Jerry Brown initially vetoing the bill in late September of 2012, (2014). 2016] wasjurisdiction permitted comply to with an immigration request detainer certain enumerated convicted of individual had been unless the crimes, L committing himself to work with version of the legislators to craft another bill. by California law enforcement the limitations to adhere by of the TRUST Act could amount to a misdemeanor authority. of arrest without lawful Governor Brown. http://www.huffingtonpost.com/jonathan-perez/why-undocumented-californ_b_3568241.html [https://perma.cc/A8M7-XJXW]. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201320140AB4 [https://perma.cc/GZZ5-W29R]. Bill 1081 (Sept. 30, 2012). http://www.huffingtonpost.com/2012/10/01/trust-act-veto-jerry-brown_n_1928444.html http://www.huffingtonpost.com/2012/10/01/trust-act-veto-jerry-brown_n_1928444.html [https://perma.cc/Y89K-QQ4J]. http://www.notonemoredeportation.com/take-action/calicaravan/ [https://perma.cc/5S6G-UZ35] (last http://www.notonemoredeportation.com/take-action/calicaravan/ [https://perma.cc/5S6G-UZ35] visited Feb. 7, 2017); immigrants boarded what they termed the “Undocumented Caravan to Restore Trust for California’s Families” on a one week which journey crossed the state thus stopped the practice of holding an individual who was simply practice of holding thus stopped the undocumented The TRUST Act was a meaningful or arrested. for success immigrant advocates in California. targeted to combat immigration through SCOMM, detainers issued and lists the circumvent the Fourth Amendment that the detainers legislature’s concerns and harm law enforcement’s relationship with the community. Information Bulletin, forbidding California police and jail or prison personnel from and jail or prison California police forbidding a enforcing the Thereafter, if no requisite criminalwhere there was detainer conviction. met, requirements conviction act’s threshold were officials the jurisdiction’s detention requests. to cooperate with the ICE would decide whether Brown’s Office, 38800-mqt_100-2 Sheet No. 169 Side A 02/22/2017 09:25:38 02/22/2017 A No. 169 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 169 Side B 02/22/2017 09:25:38 , M K C Y note 22; Protecting the The caravan’s trip The caravan’s supra 416 [100:565 [100:565 note 345. supra , EAGUE In the case of SCOMM, this greater action, L civil disobedience in the immigrant rights’ Trust Act Signed In California To Limit Deportation Program note 22; Enhancing Public Safety, 419 VI. CONCLUSION CONCLUSION VI. 420 MARQUETTE LAW REVIEW MARQUETTE USTICE supra J Governor Brown subsequently approved the TRUST subsequently approved the TRUST Governor Brown ) 2/16/17) 12:32 PM OUTH Y 417 (Oct. 5, 2013), http://www.huffingtonpost.com/2013/10/05/trust-act- ELETE D OST OT P N Border Security, note 22. O . . (D MMIGRANT See .Id .Id supra DOCX 418 419. I 418. Elise Foley & Roque Planas, 417 416 420. As Trump’s the xenophobia of a segment new administration of reignites This Article has recounted the mobilization of immigrant through activists -P. UFFINGTON OOR ended at Sacramento,ended at California Senate testified at the its occupants where the TRUSThearing on Act, outside the Governor’s rallied office, and ultimately a sit-in at Brown’sconducted in until they succeeded refusing to leave office, meeting and reminding with Brown him of his expressed commitment to sign the Act into law. aggregated with litigation efforts and jurisdictions’ reluctance to comply,aggregated with litigation efforts eventually shifted the Obama administration’s position. the American SCOMM, public, reinstitutes and further ramps up anti- immigrant federal policies, Act. civil disobedience against the deportation machinecivil disobedience of SCOMM and demonstrated that this activism was effective in moving officials in the immigrants’ home jurisdictions to defy compliance with the program, leading dismantlingeventually to the of the program at the national level. Further, using John Rawls’ theory as a compass, an analysis of the circumstances and SCOMMthe alleged injustices surrounding that this form establishes of resistance was morally justified. Rawls instructs that civil disobedience is a deviation fromtool of last resort because it is a the law. Considering the intractable political climate legislative immigration surrounding reform, have becomealternatives to the political process not only wise, but necessary. This might so for immigrants be particularly in their who are handicapped Immigrantaccess to regular political channels. activists that engaged in these actions expressed “[s]ometimes are not enough, hearings are not enough, words not enough . . . there comespress conferences and speeches are a time when we need to take greater action.” movement becomes increasingly relevant. In these daunting times, the state 624 Escondido—with at beginning San County, Orange Los Angeles, stops in Bay Area. Fresno, and the Valley, Pasadena, Fernando L signed_n_4050168.html [https://perma.cc/6Y97-CRMW]. Nation, H 38800-mqt_100-2 Sheet No. 169 Side B 02/22/2017 09:25:38 02/22/2017 B No. 169 Side Sheet 38800-mqt_100-2 38800-mqt_100-2 Sheet No. 170 Side A 02/22/2017 09:25:38 422 Mayors 421 625 note 27. note 31. supra supra note 27; Cherone, note 31; Doubek, A STUDY ON IMMIGRANT ACTIVISM ON IMMIGRANT A STUDY ) 2/16/17) 12:32 PM supra supra ELETE D OT N Ellis, Reston, O (D See See DOCX 422. 421. -P. M K C Y OOR 2016] will and can authorities and state local solace that provide studies case by the forceful power when urged federal exercise of and resist unjust recognize even the mostprotest of marginalized taken to have already groups. Activists support of noncitizens. airports in and across the nation’s the streets Immigrant activists must used to oppose integrate effective strategies they SCOMM and apply them in solidify support at their home jurisdictions to nativist federal directives. defense of intrusive L have vowedto their immigrant protection continued constituencies. 38800-mqt_100-2 Sheet No. 170 Side A 02/22/2017 09:25:38 02/22/2017 A No. 170 Side Sheet 38800-mqt_100-2