Why We Should Abolish ICE Counsel

Free Migration Project’s executive director David Bennion and board member Steven Sacco published this piece a few months ago explaining why the ICE prosecutor’s office should be abolished along with ICE Enforcement and Removal Operations. If immigrants don’t get attorneys, neither should the government.

Since Donald Trump began implementing his campaign promise to make the immigration system more hostile and restrictive, immigration enforcement has been under new scrutiny. Recent calls to abolish Immigration and Customs Enforcement (ICE), the agency within the Department of Homeland Security responsible for enforcing immigration laws in the United States, have tended to focus on the immigration police who carry out deportations, a function primarily housed in the branch of ICE known as Enforcement and Removal Operations (ERO). ICE ERO’s ramped-up program of raids and detentions has been a highly-visible element of President Trump’s effort to solidify political support among revanchist white voters opposed to a multiracial future. However, getting rid of ICE’s immigration police is not enough. ICE also encompasses the Office of the Principal Legal Advisor (OPLA), which includes the ICE attorneys responsible for prosecuting people in immigration court. As practicing immigration attorneys, we believe that calls to abolish ICE should extend to ICE counsel, since ICE attorneys play an integral role in the deportation process by securing the deportation orders that ICE deportation officers later carry out.

We believe that the immigration legal system is unjust in both purpose and process. Congress designed the immigration system to prevent people of color from entering and integrating into the United States, and the courts have too often interpreted the law to further this basic goal. Due process protections for people in deportation proceedings have been intentionally limited to better implement that illegitimate purpose. Sean McElwee has aptly described the ICE immigration police as “an unaccountable strike force executing a campaign of ethnic cleansing.” Our immigrant clients experience the full force of that unaccountable and illegitimate legal system through long-term imprisonment, family separation, and the constant anxiety that the threat of exile produces. Our work has led us to support open migration as a basic human right. But we hope that even those who don’t share that view will come to support the elimination of ICE’s prosecutorial branch because it would make immigration proceedings more fair and rational.

Read the full piece at Latino Rebels.

Help Free Migration Project Fight for Human Rights

As Free Migration Project nears the end of its first full year, the challenges facing immigrant communities have never been greater. In 2017, Free Migration Project provided legal representation to immigrants fighting deportation, engaged Philadelphia City Council to support immigrant workers, continued fighting to close the Berks family prison, and challenged a pernicious interpretation of asylum law in federal appeals court. Through its work, Free Migration Project continues to push for recognition of migration as a basic human right. On this Giving Tuesday, I hope you’ll consider contributing to support our work.

Please support Free Migration Project’s work this Giving Tuesday.

In collaboration with organizers, advocates, and students at Temple Law School, Free Migration Project worked with local restaurant owners and chefs Cristina Martinez and Ben Miller to support a resolution in Philadelphia City Council recognizing the right of all Philadelphians to earn a living regardless of immigration status. The resolution passed in April.

Free Migration Project is a member of the Shut Down Berks Coalition, which is working to close the Berks family prison outside of Reading, Pennsylvania. This fall, the coalition collaborated with artist Michelle Angela Ortiz through her project “Seguimos Caminando” to bring attention to the families currently incarcerated at the Berks prison and demand that Pennsylvania Governor Tom Wolf honor the state’s obligation to protect all children within the state.

Free Migration Project currently provides direct legal representation to over 100 immigrant clients in deportation defense, citizenship, humanitarian, and family reunification cases. One of our clients, “Elizabeth,” is currently fighting her deportation in the Third Circuit Court of Appeals. With the support of pro bono counsel and a group of advocacy organizations, Elizabeth and Free Migration Project are challenging a critical element of asylum law that has resulted in thousands of wrongful deportations over the past several years. Free Migration Project is also providing legal support to Edith, who remains in sanctuary in Ohio while she fights to stay with her family in the U.S.

Throughout 2017, Free Migration Project has also organized events to inform the public about certain basic human rights that all people possess regardless of citizenship or immigration status: the right to migrate, the right to remain, and the right to full economic, political, and social inclusion.

Free Migration Project depends on your support to continue our work. This Giving Tuesday, please consider making a tax-deductible donation to enable us to continue fighting for human rights.

Thank you!

Dave Bennion
Executive Director

Event: How to Open Borders & Defeat Deportations – 9/23/17

Join us on Saturday, September 23, 2017, for our next event: How to Open Borders & Defeat Deportations.
Location: Van Pelt Library, University of Pennsylvania – 3420 Walnut St, Philadelphia, PA 19104
Time: 10:00 a.m.

Register here.

Hear from experts. Learn how you can fight anti-immigrant policies.

Around the world, record numbers of people have been displaced by conflict and oppression. Anti-immigrant sentiment has fueled closed-borders policies. In the U.S., immigrant communities are under attack while the government further militarizes the border. The Trump administration is eliminating the DACA program, and it is uncertain whether a durable legislative solution for DACA beneficiaries will emerge. Yet public support for immigrants is also growing, and the public is more engaged with immigration policy than ever. Public opinion on immigration is fiercely divided, blocking legislative solutions.

In this volatile environment, what is the way forward for immigration policy? Can DACA be saved or replaced? What can you do to defend immigrant communities right now?

Learn from experts in immigration law, advocacy, and community organizing.
Join guided small-group workshops to learn how you can fight for immigrants.

Speakers/Workshop Leaders:

Jazmin Delgado, New Sanctuary Movement: Community organizing
Domenic Powell, Penn Law School: Communications and policy
Juliette Gomez, Law Office of Juliette E. Gomez: Immigration law
Erika Nunez, Juntos: Art and activism
Benjamin Miller, South Philly Barbacoa: Food activism

Sponsored by Free Migration Project and the Penn Philosophy Politics & Economics Program
Register here.

“Opening the Borders” Campus Seminar Nov. 5

Free Migration Project is co-sponsoring a seminar this Saturday, November 5, titled “Opening the Borders: Free Movement, Free People.” The daylong event will be held at the Rotunda near the campus of University of Pennsylvania in Philadelphia. Speakers include Peter Jaworski, Alex Nowrasteh, Jacqueline Stevens, and Niloufar Khonsari. The event is sponsored by the Institute for Humane Studies, with the collaboration of Free Migration Project and Penn Effective Altruists.

From the IHS event site:

This seminar will cover one of the most contentious issues of this election year: immigration. From classical liberal to progressive perspectives, this nonpartisan event will bring scholars and students together to explore the idea of open borders, offering new insights and inspiration for tackling this important issue.

Tackle provocative questions like:

  • Is there a right to immigrate?
  • What can we do to address problems related to immigration?
  • What’s the historical relationship between states, nations, citizenship, and immigration?

Register now to join top professors and public intellectuals as they present economic, historical, philosophical, and legal cases for the freedom of mobility.

There should be some interesting conversations, and an opportunity for people of different ideological leanings to discuss a topic of common interest: open borders. I’ll post an update here after the seminar.

–Dave Bennion