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What Does the Anti-Immigrant Movement Have Planned for the States in 2014?

What Does the Anti-Immigrant Movement Have Planned for the States in 2014?

As Congress continues their protracted debate on immigration reform, state governments are taking the lead on moving positive measures forward. Thus, anti-immigrant groups like the Federation for American Immigration Reform and Numbers USA  will be on the defensive in 2014, devoting time and resources towards preventing pro-immigrant state policies from taking root. They are certain to keep their eyes on the federal debate this year however, they have made public their intent to help repeal driver’s licenses for undocumented immigrants in Oregon, organize against the Maryland TRUST Act (they were behind efforts to stop Maryland’s DREAM Act in 2012), and work where they can to block Deferred Action for Childhood Arrivals (DACA) recipients from accessing driver’s licenses and higher education. Read More

Why 2013 Was the Year of Positive State Immigration Measures

Why 2013 Was the Year of Positive State Immigration Measures

States took the lead on immigration reform in 2013, and compared to previous years, the majority  were positive measures to help integrate and improve the day-to-day lives of immigrants in their respective states. According to the National Conference of State Legislatures’ (NCSL) 2013 Immigration Report, 45 states passed 184 immigration-related laws in 2013 and adopted 253 resolutions. The number of immigration measures in 2013 is a 64 percent increase over 2012, a year when many states were waiting to see the Supreme Court’s decision on Arizona’s SB 1070. Also in 2012, the Department of Homeland Security began offering temporary legal status to young undocumented immigrants under the Deferred Action for Childhood Arrivals policy sending a message to states that the federal government was serious about finding ways to normalize the status of the nation’s undocumented population. Read More

Nativist Group Blames Students for Texas Budget Gap

Nativist Group Blames Students for Texas Budget Gap

In a case of creative accounting, the nativist Federation for American Immigration Reform (FAIR) is blaming students for the fiscal woes of Texas. In a new report, FAIR lumps together students who are unauthorized immigrants with U.S.-born students who have unauthorized parents and claims that they are all costing Texas taxpayers astronomical sums in educational expenditures. However, the report (titled The Fiscal Burden of Illegal Immigration on Texans) mistakenly treats the education of these students as nothing more than a “cost” attributable to unauthorized immigration. In reality, the educational expenses targeted by FAIR are an investment in the future U.S. workforce and tax base; an investment that will pay off later as students become taxpaying workers. Read More

16 Representatives Stuck in Reverse on Immigration

16 Representatives Stuck in Reverse on Immigration

Despite the failure of the House to act on immigration reform last year, there was no doubt that the majority of Americans—and even the majority of Members of Congress—understood that immigration reform was an important component in creating economic opportunity for all.   Last Friday, House Majority Leader Eric Cantor reiterated that support during an exchange on the House floor when he said Republicans were working on an “appropriate path forward” on immigration policies. “Immigration reform could be an economic boon to this country. We’ve got to do it right,” Cantor said. Read More

State Lawmakers Push for Reforms to Make College Affordable for Young Immigrants

State Lawmakers Push for Reforms to Make College Affordable for Young Immigrants

The movement for in-state tuition for undocumented immigrants got off to a quick start in 2014 when Virginia state Del. Alfonso H. Lopez (D) introduced the Virginia Tuition Equality Act. This is the third time Lopez has attempted to pass the bill, which would permit undocumented residents to pay in- state tuition rates. During the 2013, legislative session, one Virginia House committee approved the measure before it died in another committee. “In 2013, it got further than it has ever gotten,” Lopez told the Richmond Times-Dispatch. “That’s why I am optimistic; I think we got great momentum”: Read More

New Legal Analysis Shows State Compliance with ICE Detainers May Violate the Constitution

New Legal Analysis Shows State Compliance with ICE Detainers May Violate the Constitution

Chicago, New York, and San Francisco now prevent local jails from honoring immigration detainers—requests from federal immigration officials for state and local jails to hold a person so that Immigration and Customs Enforcement (ICE) agents can investigate the person’s immigration status—unless an arrestee has been charged with or convicted of certain criminal offenses. And California’s Trust Act, which does virtually the same thing, will go into effect early next year. Yet, while these states have limited who can be subject to an immigration detainer, there are legal questions surrounding this selective enforcement that call into question whether detainers are legal at all. Read More

Licensing Barriers Leave Immigrant Doctors Driving Cabs Instead of Practicing Medicine

Licensing Barriers Leave Immigrant Doctors Driving Cabs Instead of Practicing Medicine

Instead of putting foreign medical and other advanced degrees to use in the United States, it is common among immigrant doctors and other professionals to work less skilled jobs, such as a taxi driver or waiter, because the complicated licensing process keeps them from  applying their training in the U.S. market. According to a recent Migration Policy Institute (MPI) series of reports on improving credential recognition, the United States is experiencing a “brain waste” by preventing immigrants living in the country from efficiently transferring their foreign credentials. MPI’s most recent report concludes their series by exploring prospects for international recognition of foreign qualifications. Read More

The Punishment Should Fit the Crime for Immigrants, Too

The Punishment Should Fit the Crime for Immigrants, Too

The punishment should fit the crime. That maxim is as old as law itself, dating at least as far back as the Old Testament and Hammurabi’s Code.  It’s firmly rooted in our Constitution’s Due Process Clause and the Eighth Amendment’s prohibition against excessive fines and cruel and unusual punishment. That principle—referred to as proportionality—appears in both our criminal and civil law. It forbids, for example, the imposition of a life sentence for passing a bad check. It means that the state cannot sentence juveniles for non-homicide crimes to life without parole. And it disallows extreme punitive damages awards. So what does proportionality have to say when the government tries to deport a lawful permanent resident who, a decade ago, shoplifted $200 worth of merchandise from a department store? Right now, astonishingly, nothing: immigration judges do not even consider whether a person’s banishment from the United States is a disproportionate punishment for a crime before ordering the person’s removal.  But advocates are working to change this. Read More

‘Fast 4 Families’ Moves to Next Phase as New Fasters Take the Mantle

‘Fast 4 Families’ Moves to Next Phase as New Fasters Take the Mantle

On the National Mall today, the four core fasters leading the “Fast 4 Families” ordained new fasters and ended their 22-day, water-only fast. Members of Congress, the faith community and civil and immigrant rights groups turned out to witness the four fasters passing the baton over to others who will continue the fast until House Speaker John Boehner schedules a vote on immigration reform. Read More

Keeping CBP In Line With Proposed Reforms

Keeping CBP In Line With Proposed Reforms

In May 2010, Congress submitted a request to the Department of Homeland Security (DHS) for a review of U.S. Customs and Border Protection’s (CBP) policy on the use of force by border patrol agents. Drawing on recommendations from a hard-hitting report by DHS’s Office of Inspector General, as well as an internal review and an independent evaluation by the Police Executive Research Forum (PERF), CBP announced compliance with a handful of proposed reforms to its use of force policy. Read More

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