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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
A Long Journey to the Voting Booth
For some people, this year’s journey to the voting booth started years ago, in El Salvador or China or Cameroon, when it became clear that they had to leave their country and start over in America. For those people, (whom U.S. Citizenship and Immigration Services calls “Americans by choice,”) the journey to the polls has involved hardship, struggle, hundreds of hours learning English and civics, and studying for the naturalization test. They bring not only their vote to the polls, but a reminder to all of us that our precious democracy can only succeed when we believe in this country enough to take the time to vote. Read More
Could DACA Have Happened Without Public Engagement at USCIS?
Approximately two months after the program opened, nearly 200,000 individuals have submitted requests for grants under the Deferred Action for Childhood Arrivals (DACA) imitative. It’s still too early to assess the overall success of the program or evaluate the grant rates, but it isn’t too early to take note of the important role that preparation played in making DACA a reality. 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
ICE Scaling Back 287(g) Program
The 287(g) program has been controversial and criticized for years, and immigrant advocates have demanded that US Immigration and Customs Enforcement (ICE) terminate the program. Section 287(g) of the INA allows the Secretary of Homeland Security to enter into agreements that delegate immigration powers to local police, but only through negotiated agreements, documented in Memoranda of Agreement (MOAs). The task force model deputizes police to enforce immigration laws in the course of their regular activities on the streets, and the jail model places deputized police officers within jails. A recent development raises questions about the future of the program. Read More
Pace of DACA Approvals Quickens, but Will it be Fast Enough?
For the first time since immigration authorities officially launched Deferred Action for Childhood Arrivals in mid-August, the federal government released statistics last Friday indicating that thousands of requests have been officially granted. But while the figures themselves are an encouraging sign, other evidence suggests that most applicants will not have their requests considered until after the next presidential inauguration in January, if at all. Read More
California Passes Groundbreaking Legislation to Prevent “Shattered Families”
By Yali Lincroft, Policy Consultant, First Focus Campaign for Children. Late last month, California Governor Jerry Brown signed into law two bills – AB2015 and SB1064 - which address the nightmare scenarios that can befall parents and their children caught up in the immigration system. The recent report Shattered Families: The Perilous Intersection of Immigrant Enforcement and the Child Welfare System describes the issue in detail including the “extent to which children in foster care are prevented from uniting with their detained or deported parents and the failures of the child welfare system to adequately work to reunify these families.” Read More
Utah Attorney General Pushes Sensible Immigration Policies
Republican Utah Attorney General Mark Shurtleff has become a poignant and effective advocate for smart immigration policies, including the DREAM Act. On Monday, Shurtleff spoke at the Immigration Law and Policy Conference, in Washington D.C., where he concluded that the “biggest casualty in the immigration debate is the truth.” Shurtleff understands prosecutorial discretion, and is firmly behind the Obama Administration’s recent decisions to exercise prosecutorial discretion for immigrant youth (Deferred Action for Childhood Arrivals, DACA) and in cases where the individuals are not enforcement priorities. Shurtleff went on to describe Utah’s recent immigration legislation, which includes an enforcement law, as well as a provision that creates a state guestworker program. He explained that he is still in conversations withthe federal government about how Utah can exercise prosecutorial discretion for unauthorized “guestworkers” and the employers who hire them. Read More
Author of Torture Memos Challenges Legality of DACA
As a high-ranking Justice Department attorney after 9/11, John Yoo authored an infamous legal memo arguing that the President, as commander-in-chief of the armed forces, possessed irrevocable authority to order the torture of alleged “enemy combatants.” Although the memos were subsequently revoked, Yoo has remained an ardent defender of presidential power—except, it appears, when it comes to the exercise of prosecutorial discretion for undocumented immigrants. Read More
Immigrant Detention and the Private Prison Industry
The latest data on immigration enforcement show that U.S. Immigration and Customs Enforcement (ICE) detained a record high of 429,247 noncitizens in the 2011 fiscal year, an increase of 18 percent over 2010. Immigration detention has been steadily increasing over the last two decades. A new report by Justice Strategies suggests this increase is largely due to the efforts of private prison companies. Read More
America's story is an immigrant story.
