Legislation
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
Even Evangelicals Agree: Congress Needs to Take Action on Immigration
DREAM Act students, immigration advocates and community leaders have turned up the heat on Congress and the Obama administrative in recent weeks to do something, anything, about our nation’s immigration problems. Yesterday, Evangelical leaders—including the National Association of Evangelicals, and Focus on the Family—joined that effort, denouncing recent “self-deportation policies” and calling on leaders to break the gridlock on immigration. 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
Lawmakers Attempt to Gut Census by Defunding American Community Survey
How can you make good policy in the absence of good information? That seems to be a question that some Republicans in the House and Senate have not asked themselves. In recent months, these lawmakers have proposed that funding for the Census Bureau’s annual American Community Survey (ACS) be cut entirely from the federal budget, or that the ACS be scaled back to a “voluntary” program. Given that the data generated by the ACS is used to guide the distribution of more than $400 billion in federal funding each year, this would be an ill-advised move. Read More
Updated Figures Highlight Shortfalls of Prosecutorial Discretion Program
As reported in today’s New York Times, the Department of Homeland Security has reviewed nearly 300,000 pending deportation cases over the past seven months in search of low-priority immigrants deserving prosecutorial discretion. While immigrant advocates cheered the policy when it was announced, figures released yesterday suggest that the program is not only falling short of initial expectations, but that the numbers are heading in the wrong direction. Read More
A Comparison of the DREAM Act and Other Proposals for Undocumented Youth
Each year, approximately 65,000 undocumented students graduate from American high schools. While many hope to pursue higher education, join the military, or enter the workforce, their lack of legal status places those dreams in jeopardy and exposes them to deportation. Over the last decade, there has been growing bipartisan consensus that Congress should provide legal immigration status for young adults who came to the country as children and graduated from American high schools. Read More
STARS Act Highlights Potential Pitfalls of Rubio DREAM Proposal
When news broke yesterday that a Florida congressman introduced an alternative version of the DREAM Act, many assumed it was Sen. Marco Rubio, who has been promising for months to introduce such legislation. In fact, the bill in question—dubbed the STARS Act—was introduced by Rep. David Rivera, a member of the House who introduced similar legislation (the ARMS Act) last January. Although Rivera’s proposals would benefit fewer people than the original DREAM Act, they would put qualified applicants on a path that would ultimately lead to permanent residency. From that perspective, they differ significantly from the proposal Senator Rubio has been discussing, which reportedly does not include a dedicated path to permanent residency. Read More
Law Professors Push White House to Grant Administrative Relief to DREAMers
In the absence of Congressional action on the DREAM Act, advocates and DREAMers have increasingly turned to the White House to help them secure temporary protection from removal. This week, DREAMERS got a huge boost from 96 law professors who sent a letter to President Obama outlining the extensive authority under law that his administration holds to halt deportations of DREAMers. Read More
Still No Resolution on VAWA, Protections for Immigrants at Risk
Despite the recent controversy over amendments to the Violence Against Women Act (VAWA), there is still no resolution on its reauthorization. The bill remains stalled in Congress due to conflicting versions passed by the House and Senate. As one source put it, while the current impasse is technically procedural (due to a revenue-related procedural rule), the source of frustration is certainly political. The House version passed this month strips VAWA of critical protections for immigrants—protections that have been part of the law since its inception. Read More
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