Executive Branch
Courts Continue to Reject Arizona Style Laws, Even as House Embraces SAFE Act
Last year, in Arizona v. United States, the Supreme Court reaffirmed that the federal government, rather than the states, has both the responsibility and the authority to enforce immigration law. Leaving immigration enforcement to the whims of individual state legislatures and law enforcement officers was, according to the Court, likely to undermine the federal framework and interfere with U.S. foreign relations. Despite this resounding rejection of state immigration enforcement, or perhaps because of it, the House Immigration Subcommittee passed the Strengthen and Fortify Enforcement (SAFE) Act (H.R. 2278), which attempts to make an end run around the Supreme Court’s decision by empowering states and localities to enforce immigration law as they see fit. At the very time the country is pushing for a comprehensive federal overhaul of the immigration system, the presence of the SAFE Act threatens to cripple the success of those efforts. Read More
Anti-DACA Lawsuit Dismissed!
Crane v. Napolitano, the lawsuit brought by Kris Kobach on behalf of several ICE officers opposed to implementing the Deferred Action for Childhood Arrivals (“DACA”) program, was dismissed today on procedural grounds in a U.S. district court in Texas. The court held that the Civil Service Reform… Read More
Former Attorney General Gets it Wrong on DOMA and Same Sex Immigration Benefits
Former Attorney General Alberto R. Gonzales is advocating in the New York Times that the Supreme Court decision in U.S. v. Windsor, which invalidated Section 3 of the Defense of Marriage Act (DOMA), should not allow the Obama administration to afford immigration benefits to married, same-sex bi-national couples. Rather, he argues, the administration is bound by a disturbing, 30-year-old Ninth Circuit case, Adams v. Howerton, which rested on discriminatory and outdated law and facts. Essentially, Mr. Gonzales is urging that the administration ignore 30 years of social progress and legal developments and return to a 20th century mentality and jurisprudence. He is mistaken. Read More
The Civics Lessons Many Undocumented Immigrants Have Already Learned
If the Senate’s comprehensive immigration reform bill becomes law, many undocumented immigrants who apply for and become Registered Provisional Immigrants (RPIs) would have to pass an English and civics test before becoming Lawful Permanent Residents (LPRs). These tests are administered so New Americans can show their commitment to this country by demonstrating that they speak English and understand the basic tenets of our democracy. Although the test is a formal set of questions about American democracy—How many branches of government? Who was the first President? What is the Declaration of Independence?—the work leading up to passage of the Senate bill was itself a lesson in democracy. For many immigrants who may one day be RPIs, their participation in efforts to pass legislation shows that they have already participated in their first civics lesson. Read More
Supreme Court Strikes Down DOMA, Affirms Immigration Rights of Gay and Lesbian Couples
Today, the Supreme Court issued its decision in the case United States v. Windsor, striking down section 3 of the Defense of Marriage Act, or DOMA, on the basis that it violated equal protection under the due process clause of the 5th Amendment. DOMA established an exclusively heterosexual definition of “marriage,” and denied same-sex couples any federal benefits, including immigration benefits. This is a historic day for gay and lesbian marriage rights, as DOMA disqualified same-sex couples from over a thousand federal benefits, and made same-sex couples in committed relationships second-class citizens in the eyes of the federal government. Read More
Happy Birthday DACA!
A year ago, President Obama announced the DACA program from the steps of the White House Rose Garden. The announcement marked a victory for thousands of undocumented immigrant youth whose courage and activism inspired the Administration to take action. Since that day, over half a million young immigrants have come forward under DACA to seek relief from deportation and to secure work authorization. Read More
Congressional Opponents of Immigration Reform Demand Endless Increases in Border Security
Not surprisingly, the issue of border security is emerging as the biggest stumbling block to passage of the immigration reform bill now moving through the Senate. Conservative opponents of reform are refusing to support any measure that would grant legal status to unauthorized immigrants already in the country without first achieving that most nebulous of goals: “securing the border.” Yet the calls of these critics for “enforcement first” conveniently overlook the fact that the United States has been pursuing an “enforcement first” approach to border security for more than 20 years—and it has yet to work. Read More
Medicare’s Health and Well-Being Depends on Immigrants
Immigrants’ access to affordable health care is one of the most contested issues in the current immigration reform debate. Most advocates of comprehensive immigration reform point to the need to ensure that aspiring citizens have opportunities to access appropriate health care since such access will impact their ability to learn, to work, and to contribute to their communities. On the other end of the spectrum, anti-immigration groups tend to inaccurately emphasize that newly legalized immigrants would represent an excessive fiscal burden. This prediction is based on a misleading characterization of immigrants as “takers”—in other words, as disproportionate consumers of public resources. Several studies have shown that this is just not the case. In fact, non-citizens use public benefit programs at a lower rate than similar low-income native-born citizens. With regard to medical expenditures in particular, immigrants tend to use less health care than their U.S.-born counterparts. Read More
Will Immigration Reform Correct the Immigration System’s Gender Bias?
Within the current immigration system, many women confront systematic barriers when trying to gain legal status. This is one of the main conclusions drawn from a study conducted by social scientists Cecilia Menjivar and Olivia Salcido. Based on a 10-year-long research project on immigrant women in Arizona, the authors identify specific instances in which gender inequality is ingrained in the formulation, interpretation, and implementation of immigration laws. Read More
How the Senate Bill Seeks to Deter Future Waves of Unauthorized Immigration
The Senate Judiciary Committee continues to consider amendments to Title II of the “Border Security, Economic Opportunity, and Immigration Modernization Act’’ (S.744) today. For many, Title II is the bill’s core as it deals with the legalization of the undocumented population already living here and lays out the rules concerning future immigration, among other issues. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
