Executive Branch
Border Patrol Tightens Up Its Policy on Providing Interpretation Services
By Lisa Graybill, Visiting Lecturer in Law at the University of Denver Sturm College of Law. In a welcome if overdue move last Thursday, the Department of Homeland Security (DHS) issued new guidance to Customs and Border Patrol (CBP) personnel, directing them not to respond to requests for translation assistance from other law enforcement organizations. The new guidance, which has not been publicly released, requires CBP personnel, including U.S. Border Patrol agents, to instead refer requests for translation from federal, state, and local law enforcement organizations to private local and national translation services. However, the guidance does not affect CBP’s authority to respond to requests from law enforcement agencies for other types of assistance. Read More
Latest DACA Approval Numbers Released by USCIS
The U.S. Citizenship and Immigration Services (USCIS) has released the latest numbers on the Deferred Action for Childhood Arrivals (DACA) initiative. The numbers provided by the agency reflect activity between August 15, 2012 – December 13, 2012. Entering its fifth month, the numbers are encouraging. Of… Read More
Lawsuit Uncovers USCIS’ Double Standards in H-1B Program
For the past several years, U.S. Citizenship and Immigration Services’ (USCIS) H-1B visa review and processing procedures have caused confusion and concern among U.S. businesses that turn to highly-skilled temporary foreign workers in specialty occupations to operate successfully. In newly-uncovered documents, it appears that instead of supporting small businesses that attempt to hire highly-skilled foreign workers, in many cases, USCIS discourages their success by subjecting them to a near presumption of fraud. Read More
Guidance on ICE Detainers Sends Ripples Through California
Every year, local law enforcement agencies receive thousands of requests from U.S. Immigration and Customs Enforcement (ICE) to keep individuals in custody—even after they are entitled to release—while federal officers determine whether to initiate removal proceedings. Last Tuesday, California Attorney General Kamala Harris issued simple but groundbreaking guidance to all law enforcement agencies in the state, clarifying that they have no legal obligation to honor so-called immigration “detainers.” Although Harris’ guidance was consistent with existing policies in numerous California counties, it has prompted other state law enforcement officials to publicly reconsider their willingness to cooperate with ICE. Read More
Immigrant Friends and Foes Debate the Definition of “Comprehensive Immigration Reform”
Nearly everyone agrees that an immigration reform bill of some sort will be introduced in Congress in the near future given the pivotal role that Latinos and immigrants played in getting President Obama reelected. But no one knows yet just how “comprehensive” that bill will be, meaning which groups of immigrants will be included and which will be excluded. For immigrant-rights advocates, a truly comprehensive bill would create a pathway to legal status for the 11 million unauthorized immigrants now living in the country. For anti-immigrant activists, the definition of “comprehensive” is, not surprisingly, a bit less comprehensive. In fact, their redefinition of the concept is often so tortured as to be meaningless. Read More
The U.S. Economy Still Needs High-Skilled Immigrant Workers
With the U.S. economy in the midst of a prolonged slump, it’s hard to believe that a labor shortage exists anywhere in the country. But that is precisely the case when it comes to the high-tech industries which depend upon highly skilled scientists and engineers. The United States has long faced a dilemma in this respect: the U.S. educational system is not producing high-tech professionals in numbers that are sufficient to meet labor demand. That is one reason so many U.S. scientists and engineers are immigrants. And it is one of the reasons that even more U.S. scientists and engineers would be immigrants if not for the arbitrary limits imposed by the U.S. immigration system. For the sake of the U.S. economy’s recovery and long-term competitiveness, lawmakers should revise the antiquated rules that currently govern how many and which high-tech professionals from abroad are allowed to work in the United States. Read More
Will the Third Time Be the Charm for the TRUST Act in California?
For the third time in three years, lawmakers in California will seek passage of the TRUST Act, a so-called “anti-Arizona” bill that would limit the ability of local authorities to honor requests from immigration authorities to continue detaining individuals on behalf of the federal government. Although Gov. Jerry Brown vetoed a similar version of the bill in September, supporters hope the third time for the bill will be the charm. Read More
Using Administrative Tools to Improve Immigration Court
Even as the push for legislative reform to our immigration system begins anew, it’s important that every tool to fix our outdated immigration system be employed, including administrative reform. While rarely discussed, attention must be paid to immigration court reform. Immigration courts lack many of the hallmarks of due process that Americans have come to expect, including the right to appointed counsel if you cannot afford one, independent judges, and a discovery process where the government must turn over the evidence it has regarding the person’s deportability. While true immigration reform should include overhauling the immigration courts, there is much that can be done to improve their processes immediately through administrative action. Read More
This Week’s Immigration Proposals: Old News, Old Ideas
If you follow immigration, but are returning from a month-long, news-free vacation, there’s only one conclusion you would draw from the legislation Republicans offered up this week in Congress: Mitt Romney must have won the presidential election. After all, the ACHIEVE Act, introduced yesterday by retiring Senators Jon Kyl (R-AZ) and Kay Bailey Hutchison (R-TX), which offers temporary legal status but no path to citizenship to DREAMers, is surely the bill they were preparing to offer in the event that a Romney Administration was in the wings. And on the House side, a slightly revised version of the STEM Jobs Act—which failed on the suspension calendar before the election—is back on the floor at the end of this week without changing any of the problems that led to its defeat before. Surely, this suggests that the predictions that immigration would play a decisive role in the presidential election didn’t pan out and that self-deportation as an immigration reform strategy worked. Except, none of this is true. Read More
Talking Turkey on Immigration 2012
After cheers for football, some of the loudest shouting at many Thanksgiving feasts will come from political discussions gone awry. You might think that you can take it easy on the immigration issue this year, as the political chatter is now heavily in favor of immigration reform. But the… Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
