Immigration Law
Court Upholds Ban on Restrictive Immigration Law in Farmers Branch, Texas
The U.S. Court of Appeals for the 5th Circuit upheld a lower court’s ruling this week enjoining a law enacted in Farmers Branch, Texas, that bars undocumented immigrants from renting housing in the city and revokes the licenses of landlords who knowingly rent to them. The restrictive law, which passed in 2008, was struck down two years ago by U.S. District Judge Jane J. Boyle, who found the law to be unconstitutional. In its ruling this week, the appeals court found the Farmers Branch law to be discriminatory since it “excludes” undocumented immigrants, “particularly Latinos, under the guides of policing housing.” The court opined: "Because the sole purpose and effect of this ordinance is to target the presence of illegal aliens within the City of Farmers Branch and to cause their removal, it contravenes the federal government's exclusive authority over the regulation of immigration and the conditions of residence in this country.” Read More
Anti-Immigrant Agenda Goes Mainstream as Nativist-Extremist Movement Declines, Report Finds
The “nativist extremist” movement in the United States is in the midst of a fundamental transformation. On the one hand, the number of these virulently anti-immigrant groups plummeted between 2010 and 2011. On the other hand, many of the people and ideas from these groups have found new homes in the conspiracy-obsessed “Patriot” movement, the Tea Party movement, and some factions of the Republican Party. In other words, the hateful agenda of the waning nativist-extremist movement is being mainstreamed. Read More
DHS Report Finds Inadequate Information Sharing, Mission Overlap Among Agencies
Nine years after its creation, the Department of Homeland Security (DHS) is still hampered by mission overlap and inadequate information sharing among the various agencies within the department. So concludes a recent report by the DHS Office of Inspector General, entitled Information Sharing on Foreign Nationals: Border Security. Highlights from the report include a recommendation to scrap the controversial NSEERS database, and a call for real department-wide coordination among DHS agencies. Read More
Supreme Court Brief on SB 1070: Arizona Seeking Confrontation, not Cooperation
When Arizona Governor Jan Brewer wagged her finger in President Obama’s face at a Phoenix airport earlier this year, she may have been seeking to score political points with the White House’s ideological opponents. What the governor may not have realized, however, is that she was giving the Obama administration the photographic equivalent of its closing argument in the legal challenge to SB 1070—namely, that Arizona is more interested in confronting the federal government than cooperating with it. Read More
Civil Rights Leaders Speak Out Against Alabama’s “Vile” Immigration Law
Late last week, thousands gathered on the steps of Alabama’s capitol building to hear civil rights leaders—Rev. Jesse Jackson, Rev. Al Sharpton, Martin Luther King III and Wade Henderson of the Leadership Conference on Civil and Human Rights, among others—speak out against the state’s extreme immigration law, HB 56. Although key provisions of Alabama’s law have been enjoined by federal courts, the law still requires police to verify the immigration status of anyone stopped or arrested whom they suspect is in the country without documents. The leaders, who were also protesting a new voter ID law, called HB 56 the “most vile” law in the country. Read More
Appeals Court Blocks Two More Provisions of Alabama’s Extreme Immigration Law
The U.S Court of Appeals for the 11th Circuit temporarily enjoined two more controversial provisions of Alabama’s extreme immigration law (HB 56), adding to the list of enjoined provisions. Yesterday, the 11th Circuit blocked Section 27, which bars Alabama courts from enforcing a contract with an unlawfully present person, and Section 30, which makes it a felony for an undocumented immigrant to enter into a “business contract” (including business licenses, mobile home registration and basic utilities, like water, gas, and electric services) with the state. The sections of Alabama’s law that remain in effect include the “papers please” provision, which requires law enforcement officers to determine the legal status of those when stopped or arrested whom they have reasonable suspicion to believe is in the U.S. without documents, as well as an E-Verify provision. Read More
Why the Scott Gardner Act is Unconstitutional…and a Bad Idea
Immigration hardliners never hesitate to claim the mantle of “states’ rights” when defending laws like Arizona SB 1070. But those wanting local cops to double as federal immigration agents were conspicuously silent at a congressional hearing on Wednesday on the Scott Gardner Act, a bill that (among other things) would require police to run extra background checks on foreign nationals arrested for drunk driving. Instead, it was pro-immigrant members of Congress who had to remind the legislative sponsors that the Constitution prohibits the federal government from imposing unfunded mandates on states—all while explaining the many reasons why the bill would make bad policy. Read More
Mother Jones Exposes Inner Workings of the Self-Deportation Movement
In its March/April issue, Mother Jones Magazine goes “inside the self-deportation movement,” exploring “164 state anti-immigration bills and the forces behind them.” The concept of “self deportation,” popularized by GOP presidential contender Mitt Romney, is central to the philosophy of “attrition through enforcement.” The basic idea is that, if you make life hard enough for unauthorized immigrants, they will pick up and leave of their own accord, which means the state will not have to hunt them down, detain them, and deport them. Read More
ICE Distorts Facts in Debate over Immigration Detainers
February was an important month in the debate over immigration “detainers,” the controversial tool used to strong-arm local jails into holding immigrants on the federal government’s behalf. In Connecticut, a class-action lawsuit was filed attacking detainers’ many legal vulnerabilities, and the Governor announced that state jails will not honor them in all cases. In Illinois, Cook County received another pointed letter from Immigration and Customs Enforcement (ICE) Director John Morton over a local ordinance enacted last year. While immigration detainers are a subject of legitimate public debate, the controversies demonstrate how ICE has resorted to making disingenuous legal claims in apparent hopes spreading the mistaken belief that immigration detainers must be honored. Read More
New Report Debunks Myth of Self-Deportation
Faced with harsh anti-immigrant laws passed by state or local governments, most unauthorized immigrants do not return to their home countries. That is the inescapable conclusion of a new report from the Center for American Progress (CAP), entitled Staying Put but Still in the Shadows, by Leah Muse-Orlinoff. The report finds that unauthorized immigrants react to anti-immigrant laws by moving to a different county or state, or by staying right where they are and isolating themselves even further from the larger society. In other words, GOP presidential contender Mitt Romney was wrong when he argued that a “self deportation” solution to the problem of unauthorized immigration might actually work. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
