Immigration

US Supreme Court weighs bond hearings for detained immigrants

November 30, 2016
 Associated Press
A seemingly divided U.S. Supreme Court on Wednesday tried to figure out whether the government can detain immigrants indefinitely without providing hearings in which they could argue for their release.
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Pence counsel seeks email secrecy

November 30, 2016
Dave Stafford
Attorneys argue to the Court of Appeals whether the state's Access to Public Records Act should exempt governor from disclosure.
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Justices consider relevance of immigration status in undocumented worker’s lawsuit

November 22, 2016
Olivia Covington
The Indiana Supreme Court heard arguments Tuesday on whether introducing an injured man's immigration status to a jury in his lawsuit for future wages would be prejudicial enough to outweigh its probative value.
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Trump’s AG pick Sessions could influence immigration

November 22, 2016
 Associated Press
As a senator, Jeff Sessions became Congress’ leading advocate not only for a cracking down on illegal immigration but also for slowing all immigration, increasing mass deportations and scrutinizing more strictly those entering the U.S. As attorney general, he'd be well positioned to turn those ideas into reality.
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Indiana Senate immigration committee plans to introduce no bills

November 16, 2016
Marilyn Odendahl
The Indiana General Assembly’s special immigration committee concluded its work Nov. 10 much the way it began — with legislators frustrated the federal government isn’t addressing issues surrounding undocumented residents.
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Catholic bishops ask Trump for humane immigration policies

November 14, 2016
 Associated Press
The nation’s Roman Catholic bishops, meeting in Baltimore just days after Donald Trump was elected president, urged him Monday to adopt humane policies toward immigrants and refugees.
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Once in office, Trump can quickly alter Supreme Court agenda

November 14, 2016
 Associated Press
Even before Donald Trump chooses a Supreme Court nominee, the new president can take steps to make several contentious court cases go away.
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Trump shows every sign of carrying out sweeping immigration crackdown

November 11, 2016
 Bloomberg News
Donald Trump won the presidency campaigning on a promise of a far-reaching immigration crackdown, and early indications are that he intends to execute it.
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Immigration committee hopeful Congress will act

November 10, 2016
Marilyn Odendahl
During the final meeting of the Indiana Senate Select Committee on Immigration Issues Thursday, the senators said they were frustrated that states do not have more power to address illegal immigration and believe the new administration and Congress will undertake reform.
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Senate immigration committee to hold final meeting

November 9, 2016
IL Staff
For its final hearing scheduled Thursday, the Indiana Senate Select Committee on Immigration Issues has plans to discuss its work from previous meetings but will not be taking public testimony.
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Undocumented worker's injury suit puts major issues before justices

November 2, 2016
Dave Stafford
An undocumented immigrant’s workplace injury — and how much he may be entitled to — has put the rising number of foreign-born workers, the rights they can expect, and the responsibilities of employers squarely before the Indiana Supreme Court.
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US justices will consider deportation law for sex offenders

October 28, 2016
 Associated Press
The Supreme Court of the United States will decide whether the government can deport people who are not U.S. citizens if they are convicted in certain states of sexually abusing a minor.
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Indiana Supreme Court grants transfer in injured immigrant worker's case

October 24, 2016
IL Staff
The Indiana Supreme Court will decide if an undocumented Mexican immigrant who was injured on the job in Indiana should receive compensation based on wages for his job in the United States or based on wages for the same job in Mexico.
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Pence mum on continuing anti-Syrian refugee fight gubernatorial candidates reject

October 19, 2016
Dave Stafford
Gov. Mike Pence’s fight to keep Syrian refugees out of Indiana may continue — as his term is expiring, he hasn’t said whether he will appeal federal court rulings that his position is discriminatory. Nevertheless, the candidates vying to succeed him as governor oppose the stance he’s unsuccessfully fought for.
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Exodus: Syrian refugees ‘not who Pence and others claim’

October 4, 2016
Dave Stafford
Fresh off a defeat of Gov. Mike Pence’s effort to bar Syrian war victims from settling in Indiana, the leader of a refugee resettlement program said the agency’s work assisting them will continue.
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7th Circuit affirms order against Pence in Syrian refugee case

October 3, 2016
Dave Stafford
Calling Gov. Mike Pence’s objection to the resettlement of Syrian refugees in Indiana because they may pose a terrorism threat “nightmare speculation,” the 7th Circuit Court of Appeals Monday rejected the governor’s appeal of rulings blocking his bid to withhold federal funding to an agency assisting war victims.
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Supreme Court will not re-hear immigration case

October 3, 2016
 Associated Press
The Supreme Court of the United States has declined an Obama administration request to break its recent tie over plans to protect millions of immigrants, when a ninth justice is on the bench.
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Report: Just 37 percent facing deportation have lawyers

September 29, 2016
Dave Stafford
Fewer than four in 10 people facing deportation proceedings in the United States are represented by legal counsel. Among the majority of those immigrants who are in government detention, just 14 percent had lawyers, according to a new study.
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Court rejects class action over lawyers for immigrant kids

September 20, 2016
 Associated Press
A federal appeals court panel has rejected a class-action lawsuit brought on behalf of children who go without lawyers in deportation proceedings.
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Judges blister Pence’s position, solicitor general in Syrian refugee case

September 15, 2016
Dave Stafford

Near the conclusion of more than 50 sometimes shouted questions and incredulous interruptions of Indiana Solicitor General Thomas Fisher on Wednesday, exasperated 7th Circuit Court of Appeals Judge Richard Posner said to him, “Honestly. You are so out of it.”

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Lawyers questioned over Indiana's Syrian refugees order

September 14, 2016
 Associated Press
Attorneys defending Indiana Gov. Mike Pence's order to bar state agencies from helping Syrian refugees resettle in his state have been fiercely questioned by a federal appeals court.
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Syrian family diverted from Indiana struggles in Connecticut

September 12, 2016
 Associated Press
As they waited as refugees in Jordan to come to America, Syrian couple Abdullah and Fatema were assured that the United States welcomes all people and that being Muslim would not be a problem. Those expectations were first dashed when, upon arrival in the U.S. in November, Indiana Republican Gov. Mike Pence blocked their entry into his state and they were diverted to Connecticut.
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7th Circuit tackles ‘moral turpitude’ in immigration case

August 25, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals is concerned about the classification of every crime involving deception involving “moral turpitude,” which would prevent some unauthorized immigrants from seeking discretionary cancelation of removal under the law.
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Committee to look at unauthorized immigrant college attendance

August 16, 2016
IL Staff
The Senate Select Committee on Immigration Issues meets for the fourth time Wednesday, where the committee will discuss national security issues and attendance at Indiana colleges and universities by unauthorized immigrants.
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7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case

July 27, 2016
Dave Stafford
Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.
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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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