Immigration at the Border
President Obama’s Very Legal Move on Immigration
DHS’s recent announcement on enforcement priorities suggests that the agency, along with the Department of Justice, is serious about trying to target those persons who pose a threat to public safety. Unfortunately, there has been little official communication from either agency about the initiatives underway to review current immigration court cases or to issue broader guidance within DHS on prosecutorial discretion, both follow ups to guidelines issued in a June memo from ICE Director John Morton. To fill the void, immigration advocacy groups have attempted to explain what these initiatives are not: NOT an amnesty, NOT a blanket deferral of removal program for all DREAMERs or anyone else, and NOT an abandonment of the deportation laws. But because there has been little official guidance, Administration opponents and immigration restrictionists are doing their best to reshape the policy into all of these things and more. Read More
California Passes Other Half of DREAM Act Package
While many applauded Governor Jerry Brown’s recent efforts to make college more affordable for all of California’s students, others insisted the state didn’t go far enough. Back in July, Gov. Brown signed AB 130—a bill that allows undocumented students enrolled in California’s public colleges and universities to receive privately-funded university scholarships from non-state funds. At the time, however, its companion bill, AB 131—which would allow undocumented students to apply for state-sponsored financial aid—was stuck in California’s Senate Appropriations Committee. Last week, despite opposition from immigration restrictionists, both California’s State Assembly and Senate approved AB 131 which is now on its way to Gov. Brown’s desk. Many predict Gov. Brown will sign the measure based on promises he made during his campaign. Read More
Like Previous Administrations, Obama is Using Existing Laws to Improve our Immigration System
The attacks on the Obama Administration from some immigration restrictionists are likely to escalate when Congress returns from its August recess, given the recent announcement that DHS intends to put muscle behind its prosecutorial discretion guidelines. The plan to review 300,000 immigration cases to assess whether they fall within the Administration’s enforcement priorities has already inflamed critics, some of whom are claiming that the President has “torn up the Constitution” and is now “Dictator” Obama. Unfortunately, the use of extreme rhetoric is nothing new. In a paper released today, “Using all the Tools in the Toolbox: How Past Administrations Have Used Executive Branch Authority in Immigration,” the Immigration Policy Center looks at other controversial examples of executive branch authority, particularly the debate over the implementation of the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA). Read More
What the New Budget Law Could Mean for Immigrant and Refugee Programs
BY ERIC SIGMON, LUTHERAN IMMIGRATION AND REFUGEE SERVICE* On August 2, after a number of press conferences and late-night negotiation sessions, President Obama signed into law the Budget Control of Act of 2011, legislation that prevented the U.S. government from defaulting on its debt and requires deep cuts into future federal spending. While deficit cutting laws may not sound very interesting to the average reader, this new law will decrease the size and role of the federal government over the next decade. Over the next four months, Congress will have to make decisions that will shape the government’s capacity to provide protection and life-saving assistance to refugees, adjudicate immigration benefits, and enforce U.S. immigration laws along the border and in the interior (apprehensions, detentions, deportations). Read More
Runaway Costs for Immigration Detention Do Not Add Up to Sensible Policies
BY JOSH BREISBLATT, IMMIGRATION POLICY FELLOW AT THE NATIONAL IMMIGRATION FORUM At a time when we should be looking for ways to curb costs, some in Congress are actually attempting to spend more by expanding immigration enforcement programs. In May, Chairman of the Judiciary Committee Lamar Smith (R-TX) introduced H.R. 1932 titled, "Keep Our Communities Safe Act of 2011," an act which would allow the Department of Homeland Security (DHS) to keep individuals in detention without a bond hearing before an immigration judge while they wait for a final resolution of their case. It would also authorize indefinite detention of those who have been ordered removed but cannot be deported. Aside from being bad immigration policy, Smith’s legislation would also increase an already bloated immigration detention budget. A new paper recently released by the National Immigration Forum examines just how much our immigration detention system currently costs taxpayers. The findings should raise some eyebrows. Read More
Local Law Enforcement Not Trained to Enforce Alabama’s Immigration Law
As Alabamans continue to brace themselves for what the New York Times recently described as the “nation’s cruelest immigration law,” state law enforcement agencies said they have not yet been trained to enforce provisions of the controversial law. Signed in June by Gov. Robert Bentley, HB 56 requires local law enforcement to verify the immigration status of those stopped for traffic violations, public schools to determine the immigration status of students, and make it a crime to knowingly rent to, transport or harbor undocumented immigrants. Several parties—including civil rights and religious groups and the U.S. Department of Justice—filed suit against the law, hoping to enjoin key provisions. Today, U.S. District Judge Sharon Blackburn temporarily blocked the law until September 29, 2011 or until the court issues a ruling, whichever happens first. Read More
Federal Judge Temporarily Blocks Alabama’s Immigration Law
Today, the federal judge hearing the case against Alabama’s harsh anti-immigrant law HB 56 issued a temporary order preventing the law from going into effect on September 1, 2011. The judge made no ruling on the merits of the pending motions but rather temporary blocked it to buy… Read More
Some Hopeful, Early Signs That Prosecutorial Discretion Is Being Exercised
While the prospect of temporary immigration reprieves—made possible by DHS’s recent announcement that it will standardize its use of prosecutorial discretion—has excited many people, the devil remains in the details. Attorneys and community groups continue to caution that no one knows how fast or how wide spread this relief will be. Part of the confusion comes from the manner of the announcement which was made by Secretary Napolitano through a letter to Senator Durbin and others. Consequently, there have been no public fact sheets or uniform guidance issued by DHS to reassure the public or to explain the process to the department’s agencies or numerous employees. Although no one should expect DHS to drastically change its policies overnight, evidence that change is in the air is breaking through in the first reports of cases closed as a result of the announcement. Read More
Anti-Immigrant Activists Hysterical Over Recent DHS Guidelines
Anti-immigrant activists are nothing if not predictable. They scream “amnesty” whenever any administration or congress tries to inject a little justice and humanity into our broken immigration system. So, naturally, the anti-immigrant crowd has been screaming “amnesty” without pause since August 18—the day the Department of Homeland Security (DHS) announced that it would review all of the nearly 300,000 pending deportation cases in order to identify those which are “low priority” and should be “administratively closed.” In other words, DHS will focus on deporting dangerous criminals rather than dishwashers. Read More
Immigration Lawyers Clarify What DHS’s Announcement on Prosecutorial Discretion IS and IS NOT
There has been much confusion in the wake of DHS’s recent announcement about how immigration agencies will use prosecutorial discretion in determining low and high priority immigration cases. What is considered a low priority case? Who is eligible for employment authorization? How should those with pending removal cases proceed? In an effort to protect immigrants who might be taken advantage of by immigration consultants (or notarios) and to clarify the information currently available, the American Immigration Lawyers Association (AILA) recently issued a consumer advisory outlining what DHS’s announcement is and is not. Read More
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