Immigration Reform

Immigration Reform

The last time Congress updated our legal immigration system was November 1990, one month before the World Wide Web went online. We are long overdue for comprehensive immigration reform.

Through immigration reform, we can provide noncitizens with a system of justice that provides due process of law and a meaningful opportunity to be heard. Because it can be a contentious and wide-ranging issue, we aim to provide advocates with facts and work to move bipartisan solutions forward. Read more about topics like legalization for undocumented immigrants and border security below.

DOJ’s Lawsuit Against South Carolina Latest Legal Challenge to State Immigration Laws

DOJ’s Lawsuit Against South Carolina Latest Legal Challenge to State Immigration Laws

BY KAREN TUMLIN, MANAGING ATTORNEY, NATIONAL IMMIGRATION LAW CENTER Yesterday, the U.S. Department of Justice (DOJ) filed suit against South Carolina, challenging the state’s extreme anti-immigration law (SB 20). With this action, the Department of Justice charges that South Carolina, like Arizona and Alabama, have passed unconstitutional immigration laws. Civil rights groups (including the National Immigration Law Center) agree. Coalitions have filed suit in five states—Utah, Indiana, Georgia, Alabama, and South Carolina—that passed their own Arizona-inspired laws in 2011. Fortunately, most of these states have seen their new, misguided laws lose much of their bite through civil rights coalition-led legal challenges. Here’s a round-up of the status of these legal cases. Read More

Alabama Law Enforcement, Courts Implementing New Law in Different Ways Across State

Alabama Law Enforcement, Courts Implementing New Law in Different Ways Across State

As if things weren’t chaotic enough in Alabama, reports now find that law enforcement and courts vary widely on how they apply the state's new immigration law, creating different rules and consequences for individuals depending on a judge or officer’s understanding of the law. As the controversial law (HB 56) itself continues to change as it makes its way through the court system, many law enforcement officers are unclear about which provisions still stand and have yet to receive the training necessary to implement the law. Judges, too, are on different pages on how to interpret the law, meaning that an individual might receive a different ruling from one judge to the next depending on the judge's understanding of the law. Read More

A Small Step Toward Reform: Bipartisan Bill Seeks to Raise Per Country Immigration Caps

A Small Step Toward Reform: Bipartisan Bill Seeks to Raise Per Country Immigration Caps

An immigration bill introduced by Congressmen Lamar Smith and Jason Chaffetz and supported by Democrats may actually have a chance at passing in Congress. Scheduled for a mark up this week, the bill (H.R. 3012) would make small but significant changes to the way green cards are distributed by eliminating per country numerical limits on employment-based green cards and raising the limits on family-based green cards which go to immigrants from each country. Read More

Why Arizona Governor Jan Brewer is Bluffing on State Immigration Laws

Why Arizona Governor Jan Brewer is Bluffing on State Immigration Laws

Arizona Governor Jan Brewer has built a political career out of playing fast and loose with the facts about immigrants—from stories of “headless bodies” in the desert to mischaracterizing all unauthorized immigrants as “drug mules.” And she’s not finished yet. Following a recent GOP Presidential debate, Gov. Brewer overplayed her hand by assuring the Huffington Post that unauthorized immigrants fleeing Alabama are “probably going back to Mexico” and that Alabama farmers will “probably find the U.S. workers” they need to replace them. If you think Governor Brewer is “probably” bluffing, you’re “probably” right. Read More

Some Alabama Businesses Having Trouble Replacing Immigrant Workers

Some Alabama Businesses Having Trouble Replacing Immigrant Workers

Just two weeks after Alabama’s extreme immigration law (HB 56) went into effect, many are reporting an exodus of immigrants, Latinos and their families from the state. While HB 56 supporters cheer the exodus as a victory, many Alabama businesses say they are left without an adequate workforce. Despite assurances from Governor Bentley that U.S. citizens will gladly take those jobs, Alabama farmers, meat processors and housing contractors are finding that U.S. citizen or legal workers are either not willing or able to take those jobs—leaving fruit to rot on the vine and home reconstructions projects unfinished. Not only will this hurt Alabama business in the short term, economists say, but will shrink the state’s economy and productivity over time. Read More

Fiscally Irresponsible: Immigration Enforcement without Reform Wastes Taxpayer Dollars

Fiscally Irresponsible: Immigration Enforcement without Reform Wastes Taxpayer Dollars

Many political pundits, GOP presidential aspirants, and Members of Congress want to have it both ways when it comes to federal spending on immigration. On the one hand, there is much talk about the need for fiscal austerity, and a Congressional “super-committee” is currently working on slashing federal spending in order to reduce the deficit. On the other hand, even though the Department of Homeland Security (DHS) just announced a record high number of deportations, some still want to increase federal spending on immigration enforcement; putting more Border Patrol boots on the ground, completing the border fence, and deploying an array of high-tech gadgetry. However, they miss one very important fact: piling on more immigration enforcement without immigration reform is a practical and fiscal dead-end. Read More

House Hearing, New Report Add to Hysterical Narrative on Border Security

House Hearing, New Report Add to Hysterical Narrative on Border Security

It was clear from the outset that Friday’s Congressional hearing on U.S.-Mexico border security was going to be light on data and heavy on bluster. The tabloid-style title of the hearing said it all: “A Call to Action: Narco-Terrorism’s Threat to the Southern U.S. Border.” Not surprisingly, it proved to be a largely fact-free performance. The stars of the show, which was staged by the House Homeland Security Subcommittee on Oversight, Investigations, and Management, were two retired generals: Barry McCaffrey, a former Director of the White House Office of National Drug Control Policy, and Robert Scales, a former Commandant of the United States Army War College. Read More

Federal Appeals Court Enjoins Two Provisions of Alabama’s Extreme Immigration Law

Federal Appeals Court Enjoins Two Provisions of Alabama’s Extreme Immigration Law

Today, the U.S. Court of Appeals for the 11th Circuit temporarily blocked two controversial provisions of Alabama’s extreme immigration law, HB 56. A federal appeals court enjoined the provision requiring public school to determine the immigration status of enrolling students and the status of their parents as… Read More

Dayton, Ohio Passes Plan to Revitalize Economy through Immigrant Integration

Dayton, Ohio Passes Plan to Revitalize Economy through Immigrant Integration

Shortly after Alabama began implementing their anti-immigration law (HB 56), Dayton, Ohio passed legislation that welcomes and integrates immigrants with the hope that they will revitalize their slowing economy. Faced with a declining population, Dayton’s City Commission voted unanimously last week to adopt the Welcome Dayton Plan—a plan that is tapping into the very economic stimulus that Alabama is driving out. Read More

Restrictionist GOP Members Rely on Scare Tactics in Hearing on Prosecutorial Discretion

Restrictionist GOP Members Rely on Scare Tactics in Hearing on Prosecutorial Discretion

The luster may be wearing off Republican attacks on DHS’s prosecutorial discretion policies. Efforts to paint the prioritization of cases as “backdoor amnesty” didn’t seem to go anywhere in yesterday’s hearing on immigration enforcement in the Subcommittee on Immigration Policy and Enforcement. ICE Director John Morton defended the prosecutorial discretion guidance he issued earlier this year as “trying to make good calls and good judgments” within a series of tough choices and finite resources. Members opposed to the Administration’s policies had a hard time rebutting the resource point, deciding instead to rely on scare tactics and hyperbolic comparisons to attack the guidance. Read More

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