Family-Based Immigration
Through family-based immigration, U.S. citizens and lawful permanent residents can sponsor relatives for immigration. We aim to be a leading force in transforming family-based immigration policy in order to maintain family unity, foster cohesive communities, and strengthen America’s economic growth. Read more about our approach below.
Restrictionist Group Strikes Out in Latest Report on Children of Diplomats
BY MARGARET D. STOCK, COUNSEL TO THE FIRM, LANE POWELL PC The Center for Immigration Studies (CIS) has been known for coming out with some odd reports over the years—but their latest is notable for its factual and legal flaws—and for argument that we should expand several different government bureaucracies to chase down the dozen or so children born in the U.S. each year to diplomats with immunity. The CIS report, “Birthright Citizenship for the Children of Diplomats?,” is about the one group of people that everyone agrees is exempted from birthright citizenship—the children born to foreign diplomats. It claims that, even though these people are not U.S. citizens, they are de facto citizens because they are able to receive Social Security numbers. If you look at the facts, their argument doesn't hold water. Read More
Pending a Resolution of DOMA, Immigration Judges Should Exercise Discretion to Stay Removal Cases
BY BETH WERLIN AND VICTORIA NEILSON To date, five states plus the District of Columbia celebrate marriages of gay and lesbian couples and several other states honor such marriages. In addition, five countries, including Canada, permit marriages of gay and lesbian couples and at least fourteen additional countries recognize same-sex relationships for immigration purposes. Yet, because the U.S. immigration agencies rely on section 3 of the Defense of Marriage Act (DOMA)—defining marriage as a union between one man and one woman—lesbian and gay U.S. citizens and lawful permanent residents are barred from obtaining immigrant visas for their spouses, visas that are available to heterosexual U.S. citizens and residents with foreign-born spouses. Gay and lesbian noncitizens also are precluded from obtaining other immigration protections, including relief from removal, based on a marriage to a U.S. citizen or permanent resident. As a result, families are separated and spouses of U.S. citizens and lawful permanent residents are deported from the United States. Read More
Pending a Resolution of DOMA, Immigration Judges Should Exercise Discretion to Stay Removal Cases
BY BETH WERLIN AND VICTORIA NEILSON To date, five states plus the District of Columbia celebrate marriages of gay and lesbian couples and several other states honor such marriages. In addition, five countries, including Canada, permit marriages of gay and lesbian couples and at least fourteen additional countries recognize same-sex relationships for immigration purposes. Yet, because the U.S. immigration agencies rely on section 3 of the Defense of Marriage Act (DOMA)—defining marriage as a union between one man and one woman—lesbian and gay U.S. citizens and lawful permanent residents are barred from obtaining immigrant visas for their spouses, visas that are available to heterosexual U.S. citizens and residents with foreign-born spouses. Gay and lesbian noncitizens also are precluded from obtaining other immigration protections, including relief from removal, based on a marriage to a U.S. citizen or permanent resident. As a result, families are separated and spouses of U.S. citizens and lawful permanent residents are deported from the United States. Read More
Underrepresented African Refugees and Potential Problems with DNA Testing
Earlier this month, President Obama announced the annual refugee allocations—80,000 total for Fiscal Year 2011, the same total as in 2010. However, while the total yearly allocation is the same, African refugees are being underrepresented. The 2011 ceiling for African refugees is 15,000, which is slightly lower than in 2010 and nearly 25 percent lower than the average for the previous decade (2000-2010). In reality, the number of African refugees actually admitted has fallen considerably below the ceilings due to processing problems. Why? New data documenting the underrepresentation of refugees from Africa in the U.S. looks at allegations of fraudulent African family reunification applications, DNA testing programs, and its implications for U.S. refugee and immigration policy. Read More
Congressional Leaders Announce Forthcoming Immigration Bill, Support for DREAM and a White House Meeting
At a forum today in Washington, D.C., faith, civic, community and Congressional leaders gathered to rally the immigration reform faithful, endorse Sen. Reid’s (D-NV) DREAM Act amendment, announce the introduction of a forthcoming immigration overhaul bill in the U.S. Senate and a meeting with President Obama this week on immigration. Senator Robert Menendez (D-NJ) announced that he will introduce a comprehensive immigration reform (CIR) bill—one that addresses the nation’s economic and security needs— presumably during the lame duck session while Rep. Nydia Velázquez (D-NY) revealed a meeting between herself, President Obama, Sen. Menendez, and Rep. Gutierrez to discuss immigration, deportations and the DREAM Act. The forum also highlighted personal stories from legal permanent residents (LPRs)—military veterans, mothers, families—and the complications of being caught up in a broken immigration system. Read More
Balancing Family Immigration with Our Economic Needs
In his most recent book, Brain Gain: Rethinking U.S. Immigration Policy, author Darrell M. West argues that “U.S. immigration policy went seriously off course after Congress passed legislation in 1965 making family unification the overarching principle in immigration policy… We need to reconceptualize immigration as a brain gain and competitiveness enhancer for the United States.” While the book may serve as a much-needed conversation starter, West, unfortunately, fails to delve beyond the superficial. We do need to have a serious conversation about balancing family immigration with our economic needs in the context of reforming the nation’s immigration system, but West’s book ends up pitting skilled-based immigration against family-based immigration—a juxtaposition that does little to move the debate forward. Read More
New Report Demonstrates the Successful Integration of Immigrants into U.S. Society
A common refrain among anti-immigrant activists is that today’s immigrants just aren’t “assimilating” into U.S. society like the immigrants of earlier eras. However, as a new report from the Center for American Progress (CAP) points out, the “illusion of non-assimilation is created by looking only at newcomers who have not had time yet to assimilate as fully as earlier arrivers.” When socioeconomic advancement is tracked over time, it becomes clear that “the longer immigrants are here, the more they advance and the better they are integrated into our society.” The report, entitled Assimilation Today, was co-authored by renowned demographer Dowell Myers (a professor in the School of Policy, Planning, and Development at the University of Southern California) and by John Pitkin (president of Analysis and Forecasting, Inc., in Cambridge, Massachusetts). Read More
The Right Side of History: Religious Leaders Urge Immigration Reform at Hearing
At a House Judiciary Subcommittee on Immigration hearing today, a panel of conservative religious leaders made the case for common sense solutions to our immigration problems—comprehensive immigration reform (CIR) that secures our borders, follows the rule of law and provides a pathway to citizenship for the roughly 11 million undocumented immigrants currently living in the U.S. While the hearing, The Ethical Imperative for Reform of Our Immigration System, started off with ethical and biblical arguments supporting and opposing reform, it later evolved into what most immigration debates eventually boil down to—fairness, justice and the punitive aspects of a reform effort. Read More
Undocumented Youth Pin DREAMs on Congressional Action
Every year, undocumented immigrants come to the U.S. along with their young children. These kids grow up in the U.S., speak English, and hang out with their friends just like other American kids. But unlike their classmates, they cannot join the military, work, or pursue their dreams because they don’t have legal status. Every year, roughly 65,000 undocumented students graduate from high school, but many don’t apply for college, even when they’re at the top of their class, because they can’t afford it. These hard-working students are not eligible for loans or work study and must often pay high out-of-state or international tuition rates. They often live in fear of detection by immigration authorities. The DREAM Act—which would benefit these students as well as the U.S. economy—proposes to fix these problems, but not without the political will of Congress. Read More
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