SB 1070
Does the Punishment Fit the Crime? Experts Examine “Proportionality” and “Discretion” in Our Immigration System
As immigration becomes an ever more controversial part of the American debate, conversations often turn to details about legislation and court battles rather than questioning whether fundamental principles of justice are being applied throughout our immigration system. Two new reports released today, however, address some of these key principles, such as the idea of proportionality (whether the punishment fits the crime in immigration court) and the idea of discretion (how and when immigration law is applied). While these reports probe different areas of immigration law, they both represent a new way of thinking about how our immigration system functions, or at least should be functioning, today. Read More
Supreme Court Flooded with Briefs Opposing Arizona SB 1070
Proponents of Arizona SB 1070 often insist that the infamous immigration law enjoys considerable public support. Yet even if such claims are correct, one would hardly know it from the flood of briefs filed at the Supreme Court this week opposing the measure. Unlike the monolithic set of briefs filed last month in support of SB 1070, the briefs opposing the law were submitted by a strikingly broad range of parties—from commissioners of the former INS, to more than 40 cities and counties, to a group of law enforcement officials that includes an Arizona sheriff whose county shares a border with Mexico. 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
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
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
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
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
