Immigration Benefits and Relief
The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation. The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements. Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible. Providing avenues for legal status, protection, and family reunification is vital to ensuring humanitarian protection for immigrants. We are leading policy changes that open more opportunities like asylum, visas for victims of crime or human trafficking, and relief for long-term residents. Explore the resources below to learn 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
Associated Press Issues Misleading Defense of Term “Illegal Immigrant”
Unlike lawyers and policymakers, journalists have an obligation to use language that ordinary people understand. Although the practice is generally helpful, it can sometimes result in oversimplification, or sacrificing accuracy for the sake of supposed clarity. A perfect example is the memo issued by the Associated Press last week endorsing use of the term “illegal immigrant.” 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
Pace of DACA Approvals Quickens, but Will it be Fast Enough?
For the first time since immigration authorities officially launched Deferred Action for Childhood Arrivals in mid-August, the federal government released statistics last Friday indicating that thousands of requests have been officially granted. But while the figures themselves are an encouraging sign, other evidence suggests that most applicants will not have their requests considered until after the next presidential inauguration in January, if at all. Read More
Who and Where the DREAMers Are, Revised Estimates
There are roughly 1.8 million immigrants in the United States who might be, or might become, eligible for the Obama Administration’s “deferred action” initiative for unauthorized youth brought to this country as children. Read More
Naturalized Citizens Have the Power to Swing Elections
There is no doubt that immigrants are a force to be reckoned with in this year’s presidential race. After all, the Obama administration unveiled its Deferred Action for Childhood Arrivals (DACA) program in June, just a couple of months before the official start of the campaign. And Republican presidential nominee Mitt Romney has said that, if elected, he will not deport DACA beneficiaries (although he says he will discontinue the program). In other words, both candidates are going out of their way to woo immigrant voters—that is, naturalized U.S. citizens who are eligible to vote—as well as those second and third generation Americans for whom immigration is still a highly personal issue. This is smart politics. Given that the presidential election could be decided by the most razor-thin of margins, the ballots cast by naturalized citizens could prove decisive, especially in the handful of swing states upon which the election will probably hinge. Read More
Utah Attorney General Pushes Sensible Immigration Policies
Republican Utah Attorney General Mark Shurtleff has become a poignant and effective advocate for smart immigration policies, including the DREAM Act. On Monday, Shurtleff spoke at the Immigration Law and Policy Conference, in Washington D.C., where he concluded that the “biggest casualty in the immigration debate is the truth.” Shurtleff understands prosecutorial discretion, and is firmly behind the Obama Administration’s recent decisions to exercise prosecutorial discretion for immigrant youth (Deferred Action for Childhood Arrivals, DACA) and in cases where the individuals are not enforcement priorities. Shurtleff went on to describe Utah’s recent immigration legislation, which includes an enforcement law, as well as a provision that creates a state guestworker program. He explained that he is still in conversations withthe federal government about how Utah can exercise prosecutorial discretion for unauthorized “guestworkers” and the employers who hire them. Read More
Legal Action Center Welcomes Ninth Circuit’s Decision on Child Status Protection Act
An en banc panel of the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they turned 21. In accordance with arguments made in an amicus brief submitted by the… Read More
Author of Torture Memos Challenges Legality of DACA
As a high-ranking Justice Department attorney after 9/11, John Yoo authored an infamous legal memo arguing that the President, as commander-in-chief of the armed forces, possessed irrevocable authority to order the torture of alleged “enemy combatants.” Although the memos were subsequently revoked, Yoo has remained an ardent defender of presidential power—except, it appears, when it comes to the exercise of prosecutorial discretion for undocumented immigrants. Read More
What Early DACA Application Numbers Tell Us About the Future of the Program
It hasn’t even been a month since the United States Citizenship and Immigration Services (USCIS) first started accepting requests for deferred action under its Deferred Action for Childhood Arrivals (DACA) initiative, yet the New York Times reported this week that the first approvals are already on their way. The Times also reported that the agency has received 72,000 applications as of September 11—almost double the 40,000 reported in the Wall Street Journal just the day before. That’s not bad at all for a program that was only announced three months ago and put into place by the government in 60 days. Read More
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