Immigration at the Border
Understanding the Important Symbolism of the Maryland DREAM Act Victory
While much of last week’s energy was focused on Latino voter turnout in the Presidential race— and the subsequent recognition that immigration reform was all but inevitable—there was another major victory for immigration policy that came out of Maryland. Voters in the state supported through referendum their legislature’s decision to provide in-state tuition to undocumented students. This was the first vote of its kind in the nation and one where African-American voters were an important voting bloc in support of the measure. Read More
Immigrant Workers Likely to Play Big Role in Post-Sandy Reconstruction
Hurricane Sandy may be gone, but the monumental task of reconstruction remains. In New Jersey and New York in particular, thousands of workers will be needed to rebuild or restore roads, homes, and office buildings damaged or destroyed by the storm. If history is any guide, many of those workers will be immigrants, and many of those immigrants will be unauthorized. Ironically, as they play an outsized role in reconstruction after a natural disaster, immigrant workers will be especially vulnerable to abuse and exploitation by unscrupulous employers. As a result, federal and state officials must be vigilant in ensuring that labor laws are vigorously enforced to protect all workers involved in post-Sandy reconstruction efforts. Read More
Could DACA Have Happened Without Public Engagement at USCIS?
Approximately two months after the program opened, nearly 200,000 individuals have submitted requests for grants under the Deferred Action for Childhood Arrivals (DACA) imitative. It’s still too early to assess the overall success of the program or evaluate the grant rates, but it isn’t too early to take note of the important role that preparation played in making DACA a reality. Read More
Tracking the Immigration Agencies’ Actions Amidst Hurricane Sandy
Update (11/2): USCIS has posted this reminder of special services and temporary relief that may be available to individuals affected by Hurricane Sandy, including expedited processing of employment authorization documents and extensions of certain non-immigrant status designations. In its discretion, USCIS will also take it into account requests from individuals who were unable submit evidence or attend an appointment due to the impact of the hurricane. USCIS is also extending the deadline by thirty days for submission of materials for persons who have received Requests For Evidence (RFEs) or Notices of Intent to Deny (NOIDs) with deadlines between October 26th and November 26th. Except for appointments that were automatically rescheduled as a result of USCIS office closures or the automatic extension of certain deadlines, it’s important to note that the burden remains on the applicant to establish that the hurricane affected the need for special services or the inability to meet application requirements. Up and down the East Coast, the impact of Hurricane Sandy is still being felt and its aftermath will continue to affect people and businesses for days. In the past, in some of the most severe storms, such as Hurricane Katrina, the Department of Homeland Security (DHS) immigration agencies have issued widespread information on dealing with the immigration consequences of the storm. Thus far, basic information is available regarding U.S. Citizenship and Immigration Services’ (USCIS) plans; virtually nothing has been said about Customs and Border Patrol (CBP) and Immigration and Customs Enforcement (ICE). Read More
Supreme Court to Consider Reach of Padilla v. Kentucky
In its landmark decision in Padilla v. Kentucky, the Supreme Court confirmed that criminal defense attorneys have a constitutional obligation to advise their clients if pleading guilty to a particular offense could lead to deportation. On Thursday,* the Justices will consider a follow-up question of critical importance for many immigrants placed in removal proceedings on account of bad legal advice: whether the ruling applies to cases that became final before the decision was issued. Read More
Immigrants Play Key Role in Virginia’s Economy
Recent state-level immigration battles are often characterized by a great deal of negative attention and not enough positive information about immigrants living in those states. Unfounded claims about the costs of immigration overlook the benefits and contributions immigrants make to American communities. Fortunately, some organizations are dedicated to pushing back on the negativity and publishing accurate data about the role immigrants play in state economies. Read More
New Research Casts Doubt Upon “Attrition Through Enforcement”
Contrary to the expectations of anti-immigrant activists, unauthorized immigrants are not leaving the United States and returning home en masse in response to the onslaught of federal, state, and local immigration-enforcement initiatives in recent years. In fact, preliminary evidence indicates that unauthorized immigration to the United States from Mexico may be inching its way upward again for the first time since the Great Recession. Why? Because unauthorized immigration responds far more to the state of the U.S. economy than it does to the intensity of U.S. immigration enforcement. This casts considerable doubt upon the nativist creed of “attrition through enforcement”—the belief that making life difficult enough for unauthorized immigrants will motivate them to “self-deport.” Read More
Los Angeles County Faces Sweeping Suit Over ICE Detainers
Under the Constitution, it has long been established that the government needs “probable cause” to hold an individual in custody, and that people granted bail must be released once it is paid. In a class-action lawsuit filed last Friday by numerous immigrants’ rights groups, Los Angeles County and Sheriff Lee Baca stand accused of flouting both principles by holding inmates for weeks at a time solely at the request of U.S. Immigration and Customs Enforcement (ICE). Read More
ICE Scaling Back 287(g) Program
The 287(g) program has been controversial and criticized for years, and immigrant advocates have demanded that US Immigration and Customs Enforcement (ICE) terminate the program. Section 287(g) of the INA allows the Secretary of Homeland Security to enter into agreements that delegate immigration powers to local police, but only through negotiated agreements, documented in Memoranda of Agreement (MOAs). The task force model deputizes police to enforce immigration laws in the course of their regular activities on the streets, and the jail model places deputized police officers within jails. A recent development raises questions about the future of the program. Read More
Immigration (Finally) Takes the Stage at a Presidential Debate
George W. Bush made several appearances in last night’s presidential debate, but perhaps nowhere with greater effect than when President Obama contrasted Governor Mitt Romney’s position on immigration reform. Where President Bush supported comprehensive immigration reform, declared President Obama, Governor Romney supports “self-deportation” and Arizona style anti-immigrant laws. Moderator Candy Crowley then segued into a direct immigration question from an undecided voter about Romney’s plans for dealing with the 11 million undocumented immigrants living in our nation. The next few minutes revealed a great deal about both candidates’ positions on the immigration question, but perhaps more importantly, the points where the candidates challenged each other suggest that both parties recognize they must begin talking about immigration in new ways. Read More
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