DACA

DACA

Immigration Policy in the States: A Roundup

Immigration Policy in the States: A Roundup

As Congress begins to debate how to overhaul the nation’s immigration laws on the federal level, state governors who previously staked out anti-immigrant positions are quieter. And in a change from previous years, few measures that mimic provisions of Arizona’s SB-1070 have been proposed in state legislatures. That’s not to say there isn’t still some anti-immigrant legislation bubbling up in states.  In Mississippi, for example, a bill to strengthen enforcement of the mandatory E-Verify was introduced but died in the House, however a measure to prevent undocumented immigrants from purchasing public lands is still pending in the Senate after the House passed it. Read More

Reaching the Six-Month Mark on Deferred Action for Childhood Arrivals (DACA)

Reaching the Six-Month Mark on Deferred Action for Childhood Arrivals (DACA)

The Department of Homeland Security has issued its latest data on the Obama Administration’s initiative that offers deferment from deportation and temporary work permits to young undocumented immigrants under the Deferred Action for Childhood Arrivals (DACA) initiative. In the first six months of the program (August 15–February 14), 423,634 out of the roughly 936,933 immigrants between the ages of 15 and 30 who might immediately meet the requirements, have had their applications accepted for processing. In other words, approximately 45% of those potentially eligible for the program have applied in the first six months. In addition, since February, 199,460 individuals have been approved for DACA and will receive two-year temporary work permits. Read More

Politicians Invent Doomsday Predictions About Immigration Reform

Politicians Invent Doomsday Predictions About Immigration Reform

Nativists are rarely encumbered by facts. By its very nature, nativist rhetoric is based on stereotype and mythology, not empirical evidence. Regrettably, some of our elected leaders in the House of Representatives and the Senate have embraced the mirage of nativism as they embark on a crusade to derail any meaningful reform of the U.S. immigration system. More precisely, anti-reform politicians have been issuing doomsday predictions about what will happen to the nation if a legalization program is created for unauthorized immigrants already living in the United States. It comes as little surprise that these predictions have no basis in reality. Read More

Federal Judge Leaves Anti-DACA Lawsuit Hanging By a Thread

Federal Judge Leaves Anti-DACA Lawsuit Hanging By a Thread

Lost amidst coverage of recent immigration reform proposals was a ruling issued last Friday in Kris Kobach’s legal crusade against the Deferred Action for Childhood Arrivals (DACA) program. The lawsuit, filed last summer in a federal court in Dallas, alleges the program violates an obscure provision of the immigration laws that supposedly prohibits immigrants who entered the country unlawfully from receiving deferred action. Although the ruling in question allowed the case to move forward, the presiding judge rejected the vast majority of Kobach’s arguments and left the suit hanging by a thin legal thread. Read More

Will USCIS Develop Fair, Humane Travel Policies for DACA Recipients?

Will USCIS Develop Fair, Humane Travel Policies for DACA Recipients?

For many young immigrants who are now lawfully present under the Deferred Action for Childhood Arrivals (DACA) initiative—which grants them the right to work and live in the United States for at least two years—the next question may be, when will they be able to travel outside of the United States?  Depending on what guidance they reference, the answer could vary, adding confusion to what has been a reasonably straightforward implementation process. Read More

Illinois Legislature Votes to License all Drivers in the State

Illinois Legislature Votes to License all Drivers in the State

On Tuesday, the Illinois legislature passed a bill to allow state residents without legal status to obtain a three-year renewable driver’s license. The law will create tens if not hundreds of thousands of newly licensed drivers. The bill, which awaits the Governor’s promised signature, will make Illinois the third state after New Mexico and Washington to allow unauthorized immigrants to obtain driver’s licenses. (Utah allows undocumented immigrants to apply for driving privilege cards.) Read More

Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit

Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit

Shortly after the administration began accepting applications under the Deferred Action for Childhood Arrivals (DACA) program, Kris Kobach—the author of Arizona SB 1070 and other notorious state immigration laws—filed a lawsuit on behalf of ten disgruntled immigration agents seeking to halt the program in its tracks.  The lawsuit has largely been viewed as a politically motivated stunt, with little chance of success in court. Now, a new law review article by University of Virginia law professor David Martin, one of the nation’s premier experts on immigration law, systematically debunks Kobach’s legal arguments. Read More

DHS Publishes New Provisional Waiver to Help Some Families Stay Together

DHS Publishes New Provisional Waiver to Help Some Families Stay Together

Some families facing long separations from their loved ones because of U.S. immigration laws will have an easier time of it in 2013. Thanks to a new regulation from the Department of Homeland Security (DHS), immediate relatives of U.S. citizens will be able to complete part of the processing of their immigration cases without leaving the country. The “Provisional Unlawful Presence Waiver of Inadmissibility for Certain Immediate Relatives” rule, often referred to as the new family unity rule, will be published tomorrow (January 3, 2013) and become effective on March 4. Read More

Countdown of the Top Five Immigration Stories of 2012

Countdown of the Top Five Immigration Stories of 2012

In the beginning of 2012, the landscape of the immigration world looked much different.  Pro-immigrant groups were coming off of a rough few years that saw the failure of the DREAM Act, a spike in deportations under President Obama, and the passage of several state-level restrictionist bills like Arizona’s infamous SB 1070 and Alabama’s HB 56.  However, immediately after the 2012 Presidential election, the discussion around immigration reform was reignited and led with legalization for the 11 million undocumented immigrants currently living in the country.  What changed?  Here’s our take on five of the biggest reasons 2012 has been a catalyst for change: Read More

Boston Globe Series Exposes Pitfalls of Immigration Detention

Boston Globe Series Exposes Pitfalls of Immigration Detention

Last week, the Boston Globe ran an important series of articles on a topic that receives far too little attention: the vast network of civil detention centers that last year held more than 400,000 immigrants in the United States. The product of a year-long investigation, the series shines a spotlight on a system in which detainees often have no right to a bail hearing, are not given attorneys if they cannot afford one, and are transferred between facilities at the whim of federal immigration officials. Although one article misleadingly faults immigration officials for releasing certain detainees, the series as a whole is worth reading. Read More

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