Immigration Law
Supreme Court Issues Mixed Decision on Arizona SB 1070
The Supreme Court issued a mixed ruling on Monday in the Obama administration’s challenge to Arizona SB 1070. By a 5-3 margin, the Justices upheld the injunction against provisions of the law that authorize police to arrest immigrants suspected of committing removable offenses (Section 6), and that impose penalties under state law for immigrants who fail to carry “registration” papers (Section 3) or attempt to work without federal authorization (Section 5). Although the Court allowed the implementation of the provision of SB 1070 requiring police to determine the immigration status of people in custody “reasonable suspicion” exists that they are in the country unlawfully (Section 2(B)), it left open the door to future legal challenges. Read More
President Obama to Halt Removal of DREAMers
The Obama administration announced today that it will offer indefinite reprieves from deportation for young immigrants who were brought to the country as minors and meet other specific requirements. The move, hailed by immigration advocates as a bold response to the broken immigration system, temporarily eliminates the possibility of deportation for youths who would qualify for relief under the DREAM Act, giving Congress the space needed to craft a bipartisan solution that gives permanent residence to qualifying young people. In a statement from the White House, President Obama said the policy was “the right thing to do,” calling DREAMers “Americans in their hearts, in their minds, in every single way but one: on paper.” Read More
Updated Figures Highlight Shortfalls of Prosecutorial Discretion Program
As reported in today’s New York Times, the Department of Homeland Security has reviewed nearly 300,000 pending deportation cases over the past seven months in search of low-priority immigrants deserving prosecutorial discretion. While immigrant advocates cheered the policy when it was announced, figures released yesterday suggest that the program is not only falling short of initial expectations, but that the numbers are heading in the wrong direction. Read More
Filling Quotas or Setting Priorities? ICE Announcement to Increase Deportations Raises Concerns
U.S. Immigration and Customs Enforcement (ICE) recently announced that it would pull 150 agents from desk jobs and add them to Fugitive Operations Teams—teams created to locate and detain “fugitive immigrants” who pose a threat to the nation or the community or who have a violent criminal history—in order to find and deport additional “criminal aliens.” According to the LA Times, ICE reported it was "experiencing a shortfall in criminal removals for the fiscal year" and need to increase the numbers. While it’s a good idea for ICE to use limited resources pursuing serious criminals, the reality is that ICE’s definition of “criminal alien” is very broad and the Fugitive Ops Team end up deporting unauthorized immigrants who pose no threat to the community. Read More
STARS Act Highlights Potential Pitfalls of Rubio DREAM Proposal
When news broke yesterday that a Florida congressman introduced an alternative version of the DREAM Act, many assumed it was Sen. Marco Rubio, who has been promising for months to introduce such legislation. In fact, the bill in question—dubbed the STARS Act—was introduced by Rep. David Rivera, a member of the House who introduced similar legislation (the ARMS Act) last January. Although Rivera’s proposals would benefit fewer people than the original DREAM Act, they would put qualified applicants on a path that would ultimately lead to permanent residency. From that perspective, they differ significantly from the proposal Senator Rubio has been discussing, which reportedly does not include a dedicated path to permanent residency. Read More
Alabama Governor Signs Bill That Makes State’s Immigration Law Even Worse
Last week, Alabama Governor Robert Bentley publically criticized a bill intended to revise key sections of the state’s controversial immigration law (HB 56). He even announced a special legislative session to address his issues with the bill—namely, a provision that requires school officials to check the immigration status of enrolling students and that of their parents and a provision that requires Alabama’s Department of Homeland Security to publically post the names of undocumented immigrants on their website. The day after his announcement, however, Governor Bentley backpedaled his criticisms, declared the legislature didn’t have the “appetite to address further revisions,” and signed the bill (HB 658) into law. Read More
Alabama Governor Rejects Changes to State’s Extreme Immigration Law, Starts Special Legislative Session
Today, Alabama Governor Robert Bentley announced his disapproval of a bill intended to change parts of the state’s extreme immigration law (HB 56) and initiated a special legislative session to address the problems. Yesterday, on the last day of the state’s regular legislative session, the Alabama Senate… Read More
Administration Takes Step Toward More Entrepreneur-Friendly Immigration Policy
BY TEJAS SHAH*. While the U.S. economy continues to recover at a sluggish pace, the administration continues to emphasize immigration reform’s critical role in promoting innovation and entrepreneurship in the U.S. This week, Cecilia Munoz, the Domestic Policy Council Director at the White House, spoke at a forum hosted by The Hamilton Project of the Brookings Institution about the administration’s commitment to immigration reform and easing pathways for foreign investors in the United States. Sadly, however, talented and dynamic foreign entrepreneurs seeking authorization to direct, operate, manage, or work for their investment vehicles often face tedious barriers. Easing these barriers would benefit our economy and enhance our ability to out-compete other countries in the modern global economy. After all, with out foreign entrepreneurs, we wouldn’t have such U.S. companies as Yahoo, Google, and Intel. Read More
New Border Patrol Strategy Changes Rhetoric More than Substance
The U.S. Border Patrol’s newly released strategic plan is a decidedly mixed bag when it comes to border security—just like the Border Patrol’s last strategic plan, released in 2004. On the plus side, both documents advocate an intelligence-driven, risk-based approach to border security which focuses on the greatest security threats. Both plans also call for disruption of the smuggling networks which bring unauthorized immigrants, drugs, and other contraband into the United States. On the down side, each plan embraces the simplistic “prevention through deterrence” mentality in which it is believed—or hoped—that heightened border enforcement will scare off unauthorized immigrants and smugglers alike. More broadly, both documents are a reflection of the federal government’s continued misguided emphasis on securing the territory between ports of entry, even though most smuggling now occurs through ports of entry. Read More
After Justice Department Admits Mistake, Immigrant Advocates Ask Supreme Court to Fix Prior Opinion
Of the many problems with our immigration system, one of the least known—but most frustrating—is that when the government deports immigrants whose appeals are still pending, it offers little to no help returning to the United States if they ultimately prevail in court. Immigrant advocates were thus perplexed when the Justice Department filed a Supreme Court brief in 2008 claiming to have a “policy” of helping such immigrants return to the country. Now, more than three years after the brief was filed, the current administration has conceded that no such policy existed at the time—and immigrant advocates have asked the Court to modify a portion of its ruling that relied on the government’s misstatement. Read More
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No one should face the immigration system alone
