Students
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
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
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. 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
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
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
Report: ICE Officers Fail to Report Some Sex Abuse Claims
Immigration and Customs Enforcement (ICE) officers failed to report numerous allegations of sexual abuse over the last four years, according to a recent report from the Government Accountability Office (GAO). Between October 2009 to March 2013, ICE headquarters received reports of 215 allegations of sexual abuse and assault, but a GAO audit of 10 of those facilities found an additional 28 allegations—40 percent more than the 70 allegations reported by these facilities. Read More
D.C. Follows 11 Other States Allowing Undocumented Immigrants to Drive Legally
As House leaders delay on passing immigration reform that would help millions of immigrants already in the U.S., Washington, D.C., officials are taking steps to improve the lives of undocumented immigrants who call the city home. Last week the D.C. Council passed a bill, written by Council member Mary Cheh, which allows undocumented residents to apply for Driver’s Licenses. D.C. Mayor Vincent Gray signed the bill yesterday. The new policy, which goes into effect May 1, sets up a system where undocumented immigrants will receive licenses that are the same but for their being marked "not valid for official federal purposes." Driver’s licenses for legal residents and citizens will not change. Read More
Understanding DACA’s Education Requirement
When the Deferred Action for Childhood Arrivals (DACA) program was first announced, it was clear that individuals would have to meet some sort of education requirement in order to obtain the program’s many benefits, including a two-year renewable reprieve from deportation, work authorization, a social security number, and—in nearly every state—the chance to apply for a driver’s license. What was unknown was how the immigration agency would address the question of individuals who were unable to finish high school. Would they be categorically excluded from DACA? Or would the agency provide an incentive for those folks to re-enroll in school? Fortunately, the government chose the latter. In doing so, it gave an estimated 400,000 people who met the DACA guidelines but didn’t finish high school a shot at getting DACA. Many of these individuals are thought to be among the 1.2 million who haven’t yet taken advantage of the program. Read More
New York City Pilots Free Legal Representation in Immigration Court
In criminal courts throughout the United States, the government provides defendants who cannot afford an attorney with a free public defender. In immigration courts, which are not part of the criminal court system, immigrants who are unable to hire a private attorney and cannot find a free legal service provider are forced to face off on their own against trained government attorneys. Individuals facing deportation had no legal representation in about 44% of the cases the immigration courts ruled on in 2012 – more than 126,000 cases in one year. But a new program in a New York City immigration court could change this system – for a limited number of indigent, detained immigrants, a pilot “public defender” program is providing free representation in immigration court. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
