Border Enforcement
Migration at the border is a multifaceted issue, challenging the U.S. to secure our borders while upholding the human rights of individuals seeking safety and better opportunities. Balancing national security with compassion and our legal obligations to asylum seekers presents intricate dilemmas, and we collaborate with policymakers to advance bipartisan, action-oriented solutions.
Beyond A Border Solution
- Asylum
- May 3, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system. Read…
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Immigration Policy in the States: A Roundup
As Congress begins to debate how to overhaul the nation’s immigration laws on the federal level, state governors who previously staked out anti-immigrant positions are quieter. And in a change from previous years, few measures that mimic provisions of Arizona’s SB-1070 have been proposed in state legislatures. That’s not to say there isn’t still some anti-immigrant legislation bubbling up in states. In Mississippi, for example, a bill to strengthen enforcement of the mandatory E-Verify was introduced but died in the House, however a measure to prevent undocumented immigrants from purchasing public lands is still pending in the Senate after the House passed it. Read More

Immigrants Deserve Basic Miranda-Like Warnings When Arrested
As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court explained that providing these warnings prior to police questioning ensures that criminal suspects are aware of their rights and therefore are better protected against the intimidation inherent in police interrogations. Read More

Congressional Hearing Illustrates Nativist Manipulation of “Border Security”
The concept of “border security” is inherently ambiguous. After all, we live in a world where no international border can be completely sealed. The risk that a bad guy will come across the border—by land, sea, or air—can never be reduced to zero, no matter how much money or manpower is funneled into border-security operations. As a result, it is easy for political opportunists to use the notion of “border security” as a smoke screen behind which to advance their own agendas. In the context of the debate over immigration reform, the quest for ever-increasing levels of border security is used as an excuse to oppose any meaningful changes to a dysfunctional immigration system which itself undermines security by its failure to operate fairly or efficiently. This is an irony which is apparently lost on those nativist politicians and activists for whom no level of border enforcement will ever be viewed as sufficient to justify immigration reform. Read More

How Budget Cuts From Sequestration Will Affect The Nation’s Immigration System
The U.S.’s immigration system, already burdened by application processing backlogs and insufficient funding for immigration courts, could become even more unwieldy if the government must slash its budget on March 1. Sequestration – a package of across-the-board government spending cuts totaling $85 billion this year and $1.2 trillion over the next decade – likely will go into effect on Friday unless Congress and President Obama manage to reach a deal. Currently, there are no reports of ongoing negotiations to avert the automatic cuts, so when the cuts kick in, all aspects of the immigration system – from visas to deportations – would be impacted. Read More

SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice
Almost three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make “removal nearly an automatic result” for many noncitizens convicted of crimes. Consequently, the Court held that a criminal defense attorney must advise noncitizen clients about the risks of deportation if they accept a plea bargain. If the defense attorney fails to provide this advice, the noncitizen can seek to have the conviction set aside. Such recourse brings integrity to the criminal justice and immigration systems and ensures that immigrants who reasonably rely on advice from their lawyers are not unfairly held accountable for their lawyers’ mistakes. Read More

Reaching the Six-Month Mark on Deferred Action for Childhood Arrivals (DACA)
The Department of Homeland Security has issued its latest data on the Obama Administration’s initiative that offers deferment from deportation and temporary work permits to young undocumented immigrants under the Deferred Action for Childhood Arrivals (DACA) initiative. In the first six months of the program (August 15–February 14), 423,634 out of the roughly 936,933 immigrants between the ages of 15 and 30 who might immediately meet the requirements, have had their applications accepted for processing. In other words, approximately 45% of those potentially eligible for the program have applied in the first six months. In addition, since February, 199,460 individuals have been approved for DACA and will receive two-year temporary work permits. Read More

Putting the White House Immigration Reform Proposal into Perspective
Over the weekend, the press reported on a leaked draft of portions of the White House’s immigration proposal, and the coverage since then has been largely a frenzied discussion of whether the leak will kill Senate negotiations. There shouldn’t be much chance of that, given the immense pressure on the Senate to not only come up with a proposal, but actually draft legislation that can be debated and voted on this year. Now that at least some of the Administration’s ideas are out in the public eye, it’s useful to treat them as what they are: basic discussion points on what might be in an eventual bill. In the long run, the draft proposal may help to encourage the constructive conversation that the Administration has sought to have on reform. Read More

Shoddy Court Process Behind the Record Number of Deportations
The Obama Administration is on record for pursuing the toughest immigration enforcement policies in U.S. history, mostly evidenced by its record numbers of deportations. These numbers speak volumes: last year, nearly 400,000 people were deported from the United States. While these numbers are shockingly high and there has been much discussion about how these actions tear families and communities apart, there has also been an under-reporting of the unfair and often expedited process that leads to the deportation of hundreds of thousands of people each year. In fact, two-thirds of the individuals removed are done so without ever seeing the inside of an immigration courtroom and are not accorded many other basic due process protections. Read More

True Border Security and Legalization Go Hand in Hand
A sticking point in current and past immigration reform proposals has been the misguided belief that a legalization program for unauthorized immigrants cannot proceed until the border is “secure.” The immigration framework developed by the Senate “Group of 8” introduces that same sticky framework by proposing to create certain border-security benchmarks that must be met before a legalization program can begin. Not only has this not worked in the past, given that benchmarks from multiple past proposals have actually already been met, but creating a truly “secure border” actually requires a new understanding of what the problems are at the border. Read More

House Republicans Show Uncertainty About Where the Party Stands On Immigration
For six hours on Tuesday, the Republican-controlled House Judiciary Committee tried to come to terms with a new landscape on immigration reform and where House Republicans will fit into the picture. Despite attempts by committee leadership to paint an earned path to citizenship as an extreme option and questions about whether citizenship was even necessary, there were signs of common ground, signaling opportunities for breaking the logjam on immigration in the House. Read More
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