Executive Branch
D.C. Follows 11 Other States Allowing Undocumented Immigrants to Drive Legally
As House leaders delay on passing immigration reform that would help millions of immigrants already in the U.S., Washington, D.C., officials are taking steps to improve the lives of undocumented immigrants who call the city home. Last week the D.C. Council passed a bill, written by Council member Mary Cheh, which allows undocumented residents to apply for Driver’s Licenses. D.C. Mayor Vincent Gray signed the bill yesterday. The new policy, which goes into effect May 1, sets up a system where undocumented immigrants will receive licenses that are the same but for their being marked "not valid for official federal purposes." Driver’s licenses for legal residents and citizens will not change. Read More
Understanding DACA’s Education Requirement
When the Deferred Action for Childhood Arrivals (DACA) program was first announced, it was clear that individuals would have to meet some sort of education requirement in order to obtain the program’s many benefits, including a two-year renewable reprieve from deportation, work authorization, a social security number, and—in nearly every state—the chance to apply for a driver’s license. What was unknown was how the immigration agency would address the question of individuals who were unable to finish high school. Would they be categorically excluded from DACA? Or would the agency provide an incentive for those folks to re-enroll in school? Fortunately, the government chose the latter. In doing so, it gave an estimated 400,000 people who met the DACA guidelines but didn’t finish high school a shot at getting DACA. Many of these individuals are thought to be among the 1.2 million who haven’t yet taken advantage of the program. Read More
Are You Really Too Old for DACA?
It is past time to clear up an oft-repeated misconception about President Obama’s deportation deferral program called Deferred Action for Childhood Arrivals (DACA): it is simply not true that individuals must be under 31 to be eligible for DACA. Any individual born after June 15, 1981 is within—and shall remain within—DACA’s age requirements. Only individuals who were 31 years old or older on June 15, 2012 are ineligible for DACA. The age requirements apply to initial applications as well as renewals, and one of the only things we know about renewals is that no one will age out. As a result, there currently are individuals in their early thirties who are eligible for DACA, and assuming the program continues on, over time, greater numbers of DACA recipients will be over 31. Yet, some news articles and even flyers for legal clinics mistakenly assert that people under 30 or 31 don’t qualify—this gets the age ceiling wrong and also implies that individuals can age out of eligibility. Read More
After Government Reopens, Calls for Immigration Reform Build
Now that Congress has ended the government shutdown and narrowly averted hitting the nation’s debt ceiling, it should come as no surprise that immigration reform is back in the news. Supporters of reform are pushing for House leadership to bring a path to citizenship and other immigration bills to the floor for a vote, while President Obama has called on lawmakers to improve the U.S. immigration system by the end of the year. “It’s really important for the country. And now is the time to do it,” Obama said in a recent interview. Read More
President to Nominate Jeh Johnson as DHS Secretary
According to news reports, President Obama will nominate Jeh Johnson, a former top Pentagon lawyer, as secretary of the Department of Homeland Security on Friday. He will replace former DHS Secretary Janet Napolitano, who resigned to become president of the University of California system. The Daily Beast… Read More
California Governor Signs Sweeping Immigration Reforms into Law
On the same day thousands of immigrant activists rallied across the country for immigration reform, California Gov. Jerry Brown signed several bills into law that put the state at the forefront of the efforts to fix immigration policies at the state and local level. Among the measures Brown approved was the TRUST Act, which limits who state and local police can hold for possible deportation. "While Washington waffles on immigration, California's forging ahead," Brown said in a statement. "I'm not waiting." Read More
How a Government Shutdown Likely Affects Immigration Agencies
The government’s fiscal year ends today, and without legislation authorizing spending to continue, whether for the full fiscal year or even a few weeks, many federal offices and services will be shuttered starting tomorrow. Unfortunately, the chances the United States government will avoid a shutdown are low. The Senate has tabled the House-approved spending bill, which defunds the Affordable Care Act, and sent it back to the House, but it is unlikely that a consensus will be found before the midnight deadline. This means that beginning Tuesday, an estimated 800,000 to 1 million federal employees will be furloughed and government offices and national parks will close. Details of the impact of the shutdown are emerging and the situation is fluid, but based on what we do know and what happened the last time the federal government shut down in 1996, here is what likely will happen: Read More
Customs and Border Protection’s New “Use of Force” Initiatives Are Welcome First Steps
The endemic use of force within U.S. Customs and Border Protection (CBP) made national headlines in 2010 when Anastacio Hernandez Rojas, a 42-year old Mexican national living in San Diego, was killed by a Border Patrol Officer while in CBP custody. Since then, at least 18 other people have have died as the result of alleged excessive use of force by CBP officials, including six U.S. citizens and seven minors under 21. These incidents prompted the Department of Homeland Security (DHS) to review the use of force at CBP. A report issued earlier this month by DHS’s Office of Inspector General (OIG) exposes the inadequacies of the “use of force training” for Border Patrol agents and a series of operational flaws in the agency’s monitoring of employee misconduct. Read More
Why is the Obama Administration Arguing that Undocumented Immigrants Should Not Practice Law?
Today, the California Supreme Court will hear oral argument in a case that asks whether an undocumented immigrant may receive a license to practice law in California. The Committee of Bar Examiners – the entity charged with deciding who qualifies for a law license in California – supports admitting Sergio Garcia to the bar. So do some 48 organizations and 53 individuals who signed on to “friend of the court” briefs submitted to the California Supreme Court. Of the three opposing arguments filed, two came from individuals but the other came from an unexpected source: the Department of Justice. Not only did DOJ voluntarily weigh in with a hypertechnical argument that is tone deaf to the current debate over undocumented status in this country, but it took the same position in a Florida case involving a lawfully present and work-authorized recipient of Deferred Action for Childhood Arrivals (DACA), Jose Godinez-Samperio. Even if there was a good legal argument for opposing admission of an unauthorized immigrant to the bar, the rationale makes little sense in the context of an individual who is a DACA beneficiary. In both cases, however, the result DOJ seeks would lead to less socio-economic inclusion of the very immigrants the Obama administration seeks to protect. Read More
ICE Policy on Parental Rights Addresses Long Overdue Problem in Immigration System
For years, leading family and children’s advocates have argued that the bond between parent and child is often a casualty of our broken immigration system. Consequently, they have argued that ensuring parental rights in the context of immigration proceedings is critical—whether the issue is about determining who should have custody of an unaccompanied minor, exercising discretion to release a sole caregiver from detention, or ensuring that a person in immigration proceedings doesn’t automatically lose parental rights. On Friday, Immigration and Customs Enforcement (ICE) finally released a memorandum that offers clear guidelines on these questions. Unfortunately, some people, like House Immigration Subcommittee Chairman Bob Goodlatte, immediately tried to turn this into a political issue about immigration reform, instead of what it is—guidance for making sure the rights of parents and children are protected. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
