Hearings
Congressional Hearing Illustrates Nativist Manipulation of “Border Security”
The concept of “border security” is inherently ambiguous. After all, we live in a world where no international border can be completely sealed. The risk that a bad guy will come across the border—by land, sea, or air—can never be reduced to zero, no matter how much money or manpower is funneled into border-security operations. As a result, it is easy for political opportunists to use the notion of “border security” as a smoke screen behind which to advance their own agendas. In the context of the debate over immigration reform, the quest for ever-increasing levels of border security is used as an excuse to oppose any meaningful changes to a dysfunctional immigration system which itself undermines security by its failure to operate fairly or efficiently. This is an irony which is apparently lost on those nativist politicians and activists for whom no level of border enforcement will ever be viewed as sufficient to justify immigration reform. 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
Nativists Fail to Grasp Economics of Immigration Reform
This week, the New York Times gave voice to the nativist argument that legalizing unauthorized immigrants would drain the federal budget because newly legalized immigrants will start using public benefits. However, this flawed fiscal accounting overlooks the myriad ways in which immigrants, just like the native-born, contribute to the U.S. economy over the course of their adult lives. As workers, they add value to the economy through their labor. As taxpayers, they fund government services and programs at the federal, state, and local levels. As consumers, immigrants purchase goods and services from U.S. companies, big and small, sustaining U.S. jobs in the process. And, as entrepreneurs, many immigrants create jobs through the businesses they establish. In other words, the economic contributions of any person, immigrant or native-born, come in many forms and span a lifetime. Read More
House Republicans Show Uncertainty About Where the Party Stands On Immigration
For six hours on Tuesday, the Republican-controlled House Judiciary Committee tried to come to terms with a new landscape on immigration reform and where House Republicans will fit into the picture. Despite attempts by committee leadership to paint an earned path to citizenship as an extreme option and questions about whether citizenship was even necessary, there were signs of common ground, signaling opportunities for breaking the logjam on immigration in the House. Read More
Why Should We Support a Legalization Program for Unauthorized Immigrants?
As the immigration debate heats up in Congress, the central question for much of the American public will be whether or not to create a pathway to legal status for the 11 million unauthorized immigrants now living in the United States. In formulating an answer to that question, however, it is necessary to ask two others. First, exactly who are the unauthorized immigrants who would be attaining legal status? Secondly, what would the impact be on the U.S. economy were so many unauthorized immigrants to be legalized? The answer to the first question is relatively simple: unauthorized immigrants are just like everybody else; they are adults and children, mothers and fathers, homeowners and churchgoers. The short answer to the second question is that legalization would be a stimulus to the U.S. economy. Workers with legal status earn higher wages, and these extra earnings generate more tax revenue for federal, state, and local governments, as well as more consumer spending, which sustains more jobs in U.S. businesses. Read More
Illinois Legislature Votes to License all Drivers in the State
On Tuesday, the Illinois legislature passed a bill to allow state residents without legal status to obtain a three-year renewable driver’s license. The law will create tens if not hundreds of thousands of newly licensed drivers. The bill, which awaits the Governor’s promised signature, will make Illinois the third state after New Mexico and Washington to allow unauthorized immigrants to obtain driver’s licenses. (Utah allows undocumented immigrants to apply for driving privilege cards.) Read More
Supreme Court to Consider Reach of Padilla v. Kentucky
In its landmark decision in Padilla v. Kentucky, the Supreme Court confirmed that criminal defense attorneys have a constitutional obligation to advise their clients if pleading guilty to a particular offense could lead to deportation. On Thursday,* the Justices will consider a follow-up question of critical importance for many immigrants placed in removal proceedings on account of bad legal advice: whether the ruling applies to cases that became final before the decision was issued. Read More
Immigration Court Backlog Keeps Growing (and Growing, and Growing…)
Two recent reports from the Transactional Records Access Clearinghouse (TRAC) contain discouraging news about the backlog in our nation’s immigration courts. One noted that the number of pending removal proceedings has reached a record high, while the other reported that a relatively small number of cases have been closed through the exercise of prosecutorial discretion. Although the figures provide cause for concern, it remains unclear—absent additional information from the Department of Homeland Security (DHS)—whether the backlog is growing despite the effort to close low-priority cases, or actually because of it. 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