Board of Immigration Appeals
Will Due Process Protections Be Preserved in Senate Mark-Up?
On Thursday, the Senate Judiciary Committee began its mark-up of Title III of S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act. When the mark-up continues on Monday, Senators are likely to vote on amendments addressing immigration courts. These amendments will be crucial in determining whether the full Senate receives a bill that provides due process protections to immigrants in removal proceedings. Read More
What Do You Think About Immigration Reform?
As the Senate continues to shepherd a comprehensive immigration reform bill through the legislative process (day two of mark-up in the Senate Judiciary Committee begins tomorrow), it becomes clear how many issues are at stake in reform and how interconnected they are. It’s also overwhelming at times. That’s why the American Immigration Council is attempting to divide the issues into smaller discussions on our wiki, ThinkImmigration.org. Read More
Can We Afford Not to Include 11 Million People in Health Care Reform?
By Sonal Ambegaokar, Health Policy Attorney at the National Immigration Law Center. To date, policy discussions regarding immigrants and health care and other benefits primarily focus on negative stereotypes and myths. As a result, the default policy solution to any issue involving immigrants and benefits is to simply deny the benefits, even when the immigrants are in the U.S. lawfully. Yet this solution is counter-productive for three main reasons: first, it is not cost-effective; second, it fails to actually address the systemic failures in our national health care and immigration policies; and third, it legally sanctions the exclusion and ostracizing of immigrants as the “other.” Read More
Former Bush Administration Official Explains Why Immigration Bill Is Good For The Economy
Following the introduction of the Senate immigration reform bill earlier this week, the Senate Judiciary Committee held its first hearing about the measure today. It gave the senators a chance to air their various complaints about the bill – that it does not protect LGBT couples or that the bill micro-manages the hiring process for foreign workers – but largely, committee members asked about the ways immigration reform will impact the U.S. economy, from the agriculture industry to high-skilled industries. Read More
Immigrants Deserve Basic Miranda-Like Warnings When Arrested
As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court explained that providing these warnings prior to police questioning ensures that criminal suspects are aware of their rights and therefore are better protected against the intimidation inherent in police interrogations. Read More
How Budget Cuts From Sequestration Will Affect The Nation’s Immigration System
The U.S.’s immigration system, already burdened by application processing backlogs and insufficient funding for immigration courts, could become even more unwieldy if the government must slash its budget on March 1. Sequestration – a package of across-the-board government spending cuts totaling $85 billion this year and $1.2 trillion over the next decade – likely will go into effect on Friday unless Congress and President Obama manage to reach a deal. Currently, there are no reports of ongoing negotiations to avert the automatic cuts, so when the cuts kick in, all aspects of the immigration system – from visas to deportations – would be impacted. Read More
SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice
Almost three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make “removal nearly an automatic result” for many noncitizens convicted of crimes. Consequently, the Court held that a criminal defense attorney must advise noncitizen clients about the risks of deportation if they accept a plea bargain. If the defense attorney fails to provide this advice, the noncitizen can seek to have the conviction set aside. Such recourse brings integrity to the criminal justice and immigration systems and ensures that immigrants who reasonably rely on advice from their lawyers are not unfairly held accountable for their lawyers’ mistakes. Read More
Shoddy Court Process Behind the Record Number of Deportations
The Obama Administration is on record for pursuing the toughest immigration enforcement policies in U.S. history, mostly evidenced by its record numbers of deportations. These numbers speak volumes: last year, nearly 400,000 people were deported from the United States. While these numbers are shockingly high and there has been much discussion about how these actions tear families and communities apart, there has also been an under-reporting of the unfair and often expedited process that leads to the deportation of hundreds of thousands of people each year. In fact, two-thirds of the individuals removed are done so without ever seeing the inside of an immigration courtroom and are not accorded many other basic due process protections. Read More
America's story is an immigrant story.
