DREAM Act
Author of Torture Memos Challenges Legality of DACA
As a high-ranking Justice Department attorney after 9/11, John Yoo authored an infamous legal memo arguing that the President, as commander-in-chief of the armed forces, possessed irrevocable authority to order the torture of alleged “enemy combatants.” Although the memos were subsequently revoked, Yoo has remained an ardent defender of presidential power—except, it appears, when it comes to the exercise of prosecutorial discretion for undocumented immigrants. Read More
Why Kobach’s Lawsuit Against Deferred Action is Unlikely to Stand Up in Court
Kris Kobach’s official job title is Kansas Secretary of State. But he is better known for drafting—and being hired to defend in court—state and local immigration laws designed to make undocumented residents “self-deport.” His two most notorious undertakings are Arizona SB 1070 and Alabama HB 56, which have largely been eviscerated by federal courts. Yesterday, Kobach embarked on a new legal escapade, filing a lawsuit to block the Obama administration from granting deferred action to so-called “DREAMERers,” undocumented immigrants who arrived in the country as children. Fortunately, although sure to generate headlines, the lawsuit has little chance of standing up in court. Read More
5 Ways DACA Renews the Conversation on Immigration Reform
There’s no doubt that recent implementation of the Deferred Action for Childhood Arrivals (DACA) initiative is the biggest thing to happen in immigration law in many years. While most of the attention is currently focused on how to make it work, how to apply and how to work out the kinks, it’s important to take a macro view at the ways this program can actually renew the entire conversation on immigration reform. Read More
Courts Weigh Issuance of Law Licenses to Undocumented Attorneys
The highest courts of Florida and California are considering a legal question of great importance to many DREAMers: whether the lack of valid immigration status prevents states from issuing law licenses to applicants who are otherwise qualified to become attorneys. To some, the answer may seem obvious—that immigrants should not be permitted to practice law in a country where their presence violates the law. But as with most issues concerning immigration, the answer is more complex than may initially appear. Read More
What the Show Me State Shows Us About Immigration
According to data released by the Immigration Policy Center, there are approximately 6,500 young people in Missouri who may benefit from President Obama’s plan to grant deferred action to DREAM eligible youth. This isn’t a huge amount in the grand scheme of things, as Missouri ranks 31st in the country with respect to the number of youth eligible for this new program. And because these numbers roughly parallel distribution of undocumented people around the country, if you are going solely by the numbers, Missouri shouldn’t be a big player in the debate over immigration, especially unauthorized immigration. But the numbers don’t tell the full story when it comes to the importance of the issue to the people of a state, and the importance of a state to the way the immigration debate plays out nationally. Looking at it from other perspectives, Missouri matters a lot. Read More
Administration Releases Details on Deferred Action for Childhood Arrivals
The Department of Homeland Security today released details on its plan to grant “deferred action” to immigrant youths who were brought to the country as children. The announcement, which was accompanied by an updated FAQ and other materials on how to apply, comes eight weeks after DHS Secretary Janet Napolitano revealed the initiative, which could immediately benefit more than 900,000 immigrants. The new guidance from DHS addresses many questions about the application process—the answers to which appear below—but leaves others unresolved. Read More
ICE Numbers on Prosecutorial Discretion Keep Sliding Downward
Since June 15, the immigration world has largely focused on the impending “deferred action” initiative for individuals who could have qualified for relief under the DREAM Act. Meanwhile, comparatively little attention has been paid to the still ongoing review of more than 300,000 pending removal cases for individuals meriting a favorable exercise of prosecutorial discretion. Although Immigration and Customs Enforcement (ICE) has not released official statistics from the review for nearly two months, figures derived from a recent media account indicate that the agency is now offering to close cases at less than half the rate as when the initiative began. Read More
Lieutenant Governor Makes Plea for Maryland DREAM Act
At the end of its 2011 legislative session, Maryland lawmakers passed a bill that would allow certain undocumented students to pay in-state tuition rates at Maryland community colleges, joining 12 other states with similar laws. Now, however, opponents of the law have gathered enough signatures to suspend the law and force a referendum come November. Maryland’s Lieutenant Governor Anthony Brown, an advocate for affordable higher education, responded with a plea to voters to consider the contributions of these students and the value of education for all Maryland residents. Meanwhile, lawmakers in other states like Ohio and New Jersey are considering legislation that makes higher education more affordable to all its residents. Read More
California DREAMers Exhibit High Levels of Civic Participation, Yet Face Significant Hardships
By Caitlin Patler, Ph.D. Candidate in Sociology, UCLA There are roughly 5 million undocumented children and young adults currently living in the U.S. today, 24% (or 1.1 million) of whom live in California. As in other states, California’s undocumented youth face a unique and challenging paradox. On one hand, they work hard, excel academically, participate in their communities and have high educational and career aspirations in the only country they’ve ever known. On the other hand, their immigration status severely limits their opportunities, aspirations and ability to contribute fully to U.S. society. A new research brief, co-authored by Veronica Terriquez and this author, highlights the experiences of undocumented youth in California—many of whom disproportionally experience economic and personal hardships. Read More
Secretary Napolitano Clarifies President’s Deferred Action Plan…Again
Today, DHS Secretary Janet Napolitano testified before the House Judiciary Committee and, as expected, defended the administration’s use of prosecutorial discretion and recently announced deferred action policies for qualified DREAMers—fielding questions and accusations from those who would rather take Napolitano to task than focus on creating smart, humane, and effective immigration policies. Read More
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No one should face the immigration system alone
