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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Supreme Court Issues Mixed Decision on Arizona SB 1070
The Supreme Court issued a mixed ruling on Monday in the Obama administration’s challenge to Arizona SB 1070. By a 5-3 margin, the Justices upheld the injunction against provisions of the law that authorize police to arrest immigrants suspected of committing removable offenses (Section 6), and that impose penalties under state law for immigrants who fail to carry “registration” papers (Section 3) or attempt to work without federal authorization (Section 5). Although the Court allowed the implementation of the provision of SB 1070 requiring police to determine the immigration status of people in custody “reasonable suspicion” exists that they are in the country unlawfully (Section 2(B)), it left open the door to future legal challenges. Read More
Lawsuit Against DHS for Failure to Disclose Records on “Voluntary” Returns
In June 2012, the American Immigration Council, in collaboration with Hughes Socol Piers Resnick & Dym, filed suit against DHS and CBP for unlawfully withholding records concerning voluntary returns of noncitizens from the United States to their countries of origin. Voluntary return, also known as “administrative voluntary departure,” is a procedure whereby CBP officers permit noncitizens to voluntarily depart the United States at their own expense rather than undergoing formal removal proceedings. Noncitizens may be granted voluntary return to their countries of origin after conceding unlawful presence in the United States and knowingly and voluntarily waiving the right to contest removal. Read More
In Speech, Romney Provides Few Details on Immigration Policy
On Thursday, Mitt Romney gave a much-anticipated speech in which he was expected to address whether—as President—he would reverse the new Obama administration policy toward immigrant youths who would qualify for the DREAM Act. The answer? It’s still unclear. Despite adopting a noticeably softer tone toward undocumented immigrants, Romney again failed to say whether he would overturn the policy and provided few other details as to how he would tackle the most intractable problem of the immigration debate. Read More
DHS Creates Obstacles for Small Businesses Seeking High-Skilled Immigrants
Politicians love small businesses. They also love high-skilled workers. One might assume, then, that entrepreneurs and start-up companies would have a relatively easy time hiring immigrant professionals through the H-1B program. Not so. In fact, a recently released memo confirms that far from receiving preferential treatment, small businesses are singled out for heightened fraud investigations by the Department of Homeland Security (DHS). Read More
President Obama Issued a Directive, Not an “Executive Order” or “New Law”
Immigration hardliners were predictably quick to criticize President Obama’s recent announcement that DHS will use discretion to halt the deportations of eligible immigrant youth. They wasted no time hurling some base-stirring claims—“administrative amnesty,” “end-runs around Congress,” “executive fiat.” However, while folks are free to criticize the President, they should at least strive for accuracy. The President did not create a new law, sign an executive order or grant anyone citizenship or amnesty, he merely directed DHS to exercise discretion to grant deferred action to qualified immigrant youth—an action that is well within his power as President. Read More
A Breakdown of DHS’s Deferred Action for DREAMers
While today’s headlines assess the significance of President Obama’s deferred action announcement on Friday, many are still sorting through the news to get answers to basic questions about who is covered under the new program. Prior to President Obama’s statement that DHS would halt the deportation of immigrant youth who met criteria similar to the DREAM Act, DHS Secretary Janet Napolitano released a memo and a set of questions and answers that outline eligibility and a basic timeline for implementing the new directive . Read More
President Obama to Halt Removal of DREAMers
The Obama administration announced today that it will offer indefinite reprieves from deportation for young immigrants who were brought to the country as minors and meet other specific requirements. The move, hailed by immigration advocates as a bold response to the broken immigration system, temporarily eliminates the possibility of deportation for youths who would qualify for relief under the DREAM Act, giving Congress the space needed to craft a bipartisan solution that gives permanent residence to qualifying young people. In a statement from the White House, President Obama said the policy was “the right thing to do,” calling DREAMers “Americans in their hearts, in their minds, in every single way but one: on paper.” Read More
After 30 Years, Plyler v. Doe Decision Survives but Remains Under Attack
Thirty years ago today, the Supreme Court issued its landmark decision in Plyler v. Doe, holding that states cannot deny a free public education to students for lack of valid immigration status. The decision has since opened the schoolhouse doors to untold numbers of children who might otherwise be deprived of a basic education. Yet today, the decision remains under continued attack from critics who—as part of an ongoing effort to put the issue back before the Justices—appear willing to sacrifice the welfare of U.S. citizens. Read More
After 30 Years, Plyler v. Doe Decision Survives but Remains Under Attack
Thirty years ago today, the Supreme Court issued its landmark decision in Plyler v. Doe, holding that states cannot deny a free public education to students for lack of valid immigration status. The decision has since opened the schoolhouse doors to untold numbers of children who might otherwise be deprived of a basic education. Yet today, the decision remains under continued attack from critics who—as part of an ongoing effort to put the issue back before the Justices—appear willing to sacrifice the welfare of U.S. citizens. Read More
House Votes on Immigration Demonstrate Need for Bolder Executive Action
Last week, the House of Representatives passed an appropriations bill that demonstrates how out of step they are with the public on immigration. House Members passed a series of amendments designed to stop the Obama administration from pursuing humane immigration policies, voting to block funds for any prosecutorial discretion activities, including the new 3 and 10 year bar rule that would allow many applicants to remain in the United States while their applications were being processed. Other amendments would prohibit the administration from cutting 287(g) agreements, funding any alternatives to detention or the ICE Public Advocate’s Office, and even providing translation services for people with limited English proficiency. Read More
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