Department of Homeland Security
Groups File Legal Claims Against Border Patrol In Abuse Cases
While the Department of Homeland Security's (DHS) immigration officers have broad authority to detain and ultimately deport noncitizens, they are generally not authorized to detain U.S. citizens and certainly cannot deport them. Yet, that is essentially what happened to a four-year-old U.S. citizen. In March 2011, U.S. Customs and Border Protection (CBP), a component of DHS, detained a young girl when she arrived at Dulles Airport in Virginia, deprived her of any contact with her parents, and then sent her back to Guatemala. Last Friday, her father fought back, filing a lawsuit on his daughter’s behalf to seek redress for the harm she suffered and to shed light on an agency that all too often acts outside the law. Read More
Recognizing Immigrant Women’s Needs in Immigration Reform
While the recent debate over reauthorization of the Violence Against Women Act and the Trafficking Victims Protection Act may have reminded the nation that there are “women’s issues” in immigration law, it doesn’t necessarily follow that most people regard immigration reform as a woman’s issue. Despite the fact that immigrant women make up a growing share of workers, entrepreneurs, single heads of households, and new voters—while remaining primary caregivers in families—the laws we craft to reform our broken immigration system have often been insensitive to the obstacles and challenges immigrant women face in applying for immigration status. Read More
State Level Immigration Legislation and the Essential Economy
We often take for granted the important role “behind the scenes” workers – farm labor, restaurant work, and home health care – play in driving our economy. That’s one of the many conclusions of a new report from the Essential Economy Council, which studied the economic and social value of industries that make up what they have coined the “essential economy.” The report identifies six industrial sectors important to our daily way of life, including: agriculture and poultry; hospitality and restaurants; light construction and landscaping; personal care and assisted living; building maintenance and facilities service; and distribution and logistics. For the state of Georgia, the essential economy is a significant component of the state’s overall economy. In particular, the essential economy contributed 12 percent ($49 billion) to Georgia’s GDP in 2010; contributed over $114 million in sales tax in 2011; employed just under one million out of 3.7 million workers in Georgia in 2011; and is present in every country in the state. 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
Business and Labor Announce Breakthrough on Immigration Reform
One of the most contentious issues that has stymied past immigration reform proposals is the divide between business and labor over how many and under what conditions the U.S. should admit new immigrants into our labor force. Also known as the “future flow” issue, the conflict lies in the tension between business’ desire to recruit foreign workers and labor’s desire to ensure workforce protections for those working in the U.S. Read More
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
Putting the White House Immigration Reform Proposal into Perspective
Over the weekend, the press reported on a leaked draft of portions of the White House’s immigration proposal, and the coverage since then has been largely a frenzied discussion of whether the leak will kill Senate negotiations. There shouldn’t be much chance of that, given the immense pressure on the Senate to not only come up with a proposal, but actually draft legislation that can be debated and voted on this year. Now that at least some of the Administration’s ideas are out in the public eye, it’s useful to treat them as what they are: basic discussion points on what might be in an eventual bill. In the long run, the draft proposal may help to encourage the constructive conversation that the Administration has sought to have on reform. 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
New Report Shows That Border Benchmarks Already Have Been Met
As the components of what should be included in an immigration reform bill take shape, border security, along with enforcement, is proving to be a key part of the framework. Eight senators released a bipartisan proposal earlier this week that included a path to citizenship for the 11 million unauthorized immigrants currently living in the United States. The catch is that implementation of this provision is “contingent upon our success in securing our borders and addressing visa overstays.” The day after the senators presented their framework, President Obama laid out his vision of what should be included in immigration reform legislation during a speech to labor leaders in Nevada. The president called for a clear path to citizenship that’s not contingent on securing the border, but he said the nation needs to stay focused on immigration enforcement. “That means continuing to strengthen security at our borders,” Obama said during his speech. “It means cracking down more forcefully on businesses that knowingly hire undocumented workers.” Read More
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
America's story is an immigrant story.