Freezing Out Justice

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Questions and Answers

What was the percentage increase in courthouse arrests by ICE in New York during 2017?

300%

1200% (correct)

800%

500%

Which group of people is notably affected by the increase in courthouse arrests?

Local law enforcement officials

Vulnerable populations including survivors of violence (correct)

Only undocumented immigrants

Only legal residents

What was one consequence of the increased presence of immigration officers in courthouses?

Diminished willingness of immigrants to seek legal help (correct)

Increased confidence in calling local authorities

Higher rates of court attendance

Greater trust in the justice system

In which type of court settings have USCIS enforcement actions occurred?

Civil and criminal courts Signup and view all the answers

What was one notable instance of an immigration arrest mentioned in regard to a father's court appearance?

He was arrested while seeking custody of his children Signup and view all the answers

Why do officials believe that courthouse arrests impact community safety?

It deters immigrants from calling for help. Signup and view all the answers

Which demographic was highlighted as feeling terrified about attending court due to arrests?

LGBT individuals and those racially profiled Signup and view all the answers

What happened to an undocumented woman at an El Paso County courthouse?

She was arrested while seeking a protective order against her boyfriend. Signup and view all the answers

What is the primary concern regarding immigration enforcement in courthouses?

It threatens constitutional rights and community safety. Signup and view all the answers

What recommendation is made to the Department of Homeland Security regarding courthouses?

To add courthouses to the list of sensitive locations protected from enforcement. Signup and view all the answers

Which legislation is recommended to Congress to protect sensitive locations?

The Protecting Sensitive Locations Act. Signup and view all the answers

What specific actions does the Protecting Sensitive Locations Act prohibit within 1,000 feet of a courthouse?

Immigration enforcement actions including arrests and interviews. Signup and view all the answers

What investigation does the recommendation to the DHS Office of the Inspector General involve?

ICE and CBP practices at courthouses and other sensitive locations. Signup and view all the answers

What significant effect have immigration arrests at courthouses had on immigrant communities?

Fear and reluctance to engage with the justice system Signup and view all the answers

Which of the following groups conducted a survey regarding the impact of immigration arrests on justice?

National Immigrant Women's Advocacy Project and ACLU Signup and view all the answers

How has the presence of immigration enforcement at courthouses impacted judicial effectiveness?

It has limited the ability to deliver justice. Signup and view all the answers

What was the primary focus of the NIWAP survey conducted after the increase of immigration arrests?

Crime survivor participation in investigations and court proceedings. Signup and view all the answers

Which of the following statements reflects the relationship between local law enforcement and immigration officers as indicated in the content?

Local law enforcement aims to build trust with immigrant communities despite immigration arrests. Signup and view all the answers

What does the term 'equal protection under the law' imply for both noncitizens and citizens as mentioned in the content?

All individuals should be treated equally by the justice system. Signup and view all the answers

What is one of the main consequences of increasing fear among immigrant communities due to arrests at courthouses?

Reduced collaboration with the justice system. Signup and view all the answers

What has been a significant trend in immigration enforcement since the presidential administration change in 2016?

Increased arrests at various types of courts. Signup and view all the answers

What triggered Delia's arrest and detention?

Information provided to ICE by the probation office Signup and view all the answers

What is an ICE detainer?

A request to hold a person for 48 hours without a judicial warrant Signup and view all the answers

What was one of the primary reasons for the creation of the Violence Against Women Act (VAWA)?

To enable survivors of abuse to self-petition for lawful permanent residence Signup and view all the answers

What argument does ICE make regarding courthouse arrests?

Courthouses provide a secure setting for immigration arrests Signup and view all the answers

Which act aims to protect immigrant survivors from abusers using deportation threats?

Violence Against Women Act (VAWA) Signup and view all the answers

What does the Department of Homeland Security acknowledge regarding ICE detainers?

They can lead to violations of the Fourth Amendment Signup and view all the answers

What is a key feature of the U and T visas for crime survivors?

They require cooperation with law enforcement to identify abusers Signup and view all the answers

How have law enforcement agencies reacted to ICE detainers?

Many agencies now refuse to carry out these detainers Signup and view all the answers

What is required for immigrant crime survivors to apply for certain visas?

Certification from a designated official Signup and view all the answers

What does Special Immigrant Juvenile Status (SIJS) protect?

Children who have been abused, abandoned, or neglected Signup and view all the answers

How did the participation of courts in programs affect requests for visa certifications in 2017?

It resulted in an increase for U visas and SIJS Signup and view all the answers

What percentage of judges reported interruptions in cases due to immigrants' fear of attending court in 2017?

35% Signup and view all the answers

What concern is raised when courts are perceived as unsafe spaces for immigrant crime survivors?

Deterioration of police and community relations Signup and view all the answers

What impact did court participation in certification programs have on the number of cases heard in 2017 compared to 2016?

More cases involving immigration status were heard Signup and view all the answers

What is a potential consequence of survivors seeking immigration relief?

Perpetrators reporting them for deportation Signup and view all the answers

Which factor significantly influenced whether immigrant crime survivors continued to go to court in 2017?

Court's participation in supportive programs Signup and view all the answers

Study Notes

Immigration Enforcement in Courthouses

Since President Trump took office, immigration enforcement officers from ICE and CBP have significantly increased their presence in courts across the United States.
This presence has created fear and insecurity among immigrant communities, affecting their participation in court proceedings and reporting crimes.

Impact on Justice System

A survey by the National Immigrant Women's Advocacy Project (NIWAP) shows a decline in crime survivor participation in investigations and court proceedings.
The survey highlights the fear of deportation as a significant factor impacting immigrants' access to justice.
This fear has also led to increased hesitancy in cooperating with law enforcement and seeking help in court, impacting the safety of the entire community.

Increasing Arrests in Courthouses

A survey by the Immigrant Defense Project (IDP) showed a 1200% increase in courthouse arrests by ICE in New York in 2017.
These arrests are not limited to urban centers with large immigrant populations but occur in various civil and criminal courts across the United States.
Examples include the arrest of a dairy worker in Vermont who was leaving court for a DUI charge and an undocumented father in Michigan who was arrested while seeking custody of his children.

ICE's Justification

ICE claims courthouse arrests are justifiable due to being safe locations for conducting arrests.
The agency argues that these arrests are necessary as some law enforcement agencies refuse to comply with ICE detainers.
Detainers are requests by ICE to detain individuals for an additional 48 hours without judicial warrant or opportunity to contest detention.

Impact on Crime Survivors

The increase in courthouse enforcement undermines efforts to protect immigrant crime survivors.
Programs like the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPRA) were designed to encourage immigrant survivors to report crimes by protecting them from deportation threats.
The U and T visas were created for immigrant crime survivors who cooperate with law enforcement, requiring certification by designated officials like police officers or judges to confirm their participation in bringing cases to justice.
Special Immigrant Juvenile Status (SIJS) protects abused, abandoned, or neglected immigrant children, requiring court findings to qualify for the application.

Survey Findings

The NIWAP study revealed that participation in programs designed to help immigrant crime survivors and witnesses impacted their willingness to continue going to court.
Courts that signed certifications for these cases experienced increased requests for visa certifications in 2017 compared to 2016.
Judges reported an increase in cases being interrupted due to immigrants' fear of coming to court, highlighting the impact of immigration enforcement on the judicial process.

Recommendations

The ACLU recommends that the Department of Homeland Security (DHS) issue new guidance that adds courts to the list of sensitive locations protected from immigration enforcement actions.
Supporting the Protecting Sensitive Locations Act would codify sensitive locations policies and prohibit ICE and CBP from conducting immigration arrests within 1,000 feet of certain sensitive locations.
The ACLU also encourages an investigation by the DHS Office of the Inspector General (OIG) into ICE/CBP's policies and actions regarding sensitive locations.

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Description

This quiz examines the impact of increased immigration enforcement in U.S. courthouses since the Trump administration. It discusses how this enforcement affects immigrant communities' participation in the justice system and the consequences for law enforcement cooperation and community safety.