Immigration Law
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
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
STEM Bill Still Plagued by Politics
In 2010, the lame duck session of Congress was dominated by debate over the DREAM Act, which passed the House of Representatives before succumbing to a conservative-led filibuster in the Senate. Congress will again tackle a significant immigration measure during the current lame duck session, with the House expected to vote on Friday on a bill that would create additional visas for advanced degree holders and shorten the time that many permanent residents are separated from members of their immediate family. Yet despite these laudable provisions, the bill in question contains numerous flaws. Read More
Watchdog Report Offers Misdiagnosis of Immigration Court Backlog
With more than 325,000 cases pending at the start of October, our nation’s immigration courts are indisputably operating under a crushing backlog. The only question is whether and how it can be resolved. In a little-noticed report issued in early November, the Inspector General of the Justice Department levied a number of criticisms regarding the length of time needed to decide individual cases. Although the report makes a few valid points, its ultimate recommendations would prioritize the quantity of decisions made over the quality of decisions issued. Read More
Election Results Reignite Conservatives’ Interest in Immigration Reform
Recognizing the inevitable, Speaker of the House John Boehner endorsed comprehensive immigration reform on Thursday noting “I think a comprehensive approach is long overdue, and I’m confident that the president, myself, others, can find the common ground to take care of this issue once and for all.” Read More
Elections Demand a New Way Forward on Immigration
Even before the election was called for President Obama last night, pundits and pollsters were remarking on the fact that immigration—or more specifically, anti-immigrant policies—were a death knell for Mitt Romney. Today, the analysis of whether and how the Republican party recovers from its devastatingly poor showing among Latinos—the key demographic group of the 21st century—is also focusing on immigration. CNN’s David Gergen noted that immigration reform would become a reality because Democrats want it and Republicans need it; even Fox news commentators grumpily acknowledged that immigration reform has got to be on the table now. Read More
Immigrant Workers Likely to Play Big Role in Post-Sandy Reconstruction
Hurricane Sandy may be gone, but the monumental task of reconstruction remains. In New Jersey and New York in particular, thousands of workers will be needed to rebuild or restore roads, homes, and office buildings damaged or destroyed by the storm. If history is any guide, many of those workers will be immigrants, and many of those immigrants will be unauthorized. Ironically, as they play an outsized role in reconstruction after a natural disaster, immigrant workers will be especially vulnerable to abuse and exploitation by unscrupulous employers. As a result, federal and state officials must be vigilant in ensuring that labor laws are vigorously enforced to protect all workers involved in post-Sandy reconstruction efforts. Read More
Tracking the Immigration Agencies’ Actions Amidst Hurricane Sandy
Update (11/2): USCIS has posted this reminder of special services and temporary relief that may be available to individuals affected by Hurricane Sandy, including expedited processing of employment authorization documents and extensions of certain non-immigrant status designations. In its discretion, USCIS will also take it into account requests from individuals who were unable submit evidence or attend an appointment due to the impact of the hurricane. USCIS is also extending the deadline by thirty days for submission of materials for persons who have received Requests For Evidence (RFEs) or Notices of Intent to Deny (NOIDs) with deadlines between October 26th and November 26th. Except for appointments that were automatically rescheduled as a result of USCIS office closures or the automatic extension of certain deadlines, it’s important to note that the burden remains on the applicant to establish that the hurricane affected the need for special services or the inability to meet application requirements. Up and down the East Coast, the impact of Hurricane Sandy is still being felt and its aftermath will continue to affect people and businesses for days. In the past, in some of the most severe storms, such as Hurricane Katrina, the Department of Homeland Security (DHS) immigration agencies have issued widespread information on dealing with the immigration consequences of the storm. Thus far, basic information is available regarding U.S. Citizenship and Immigration Services’ (USCIS) plans; virtually nothing has been said about Customs and Border Patrol (CBP) and Immigration and Customs Enforcement (ICE). 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
New Research Casts Doubt Upon “Attrition Through Enforcement”
Contrary to the expectations of anti-immigrant activists, unauthorized immigrants are not leaving the United States and returning home en masse in response to the onslaught of federal, state, and local immigration-enforcement initiatives in recent years. In fact, preliminary evidence indicates that unauthorized immigration to the United States from Mexico may be inching its way upward again for the first time since the Great Recession. Why? Because unauthorized immigration responds far more to the state of the U.S. economy than it does to the intensity of U.S. immigration enforcement. This casts considerable doubt upon the nativist creed of “attrition through enforcement”—the belief that making life difficult enough for unauthorized immigrants will motivate them to “self-deport.” Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
