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.
Department of Justice Seeks Injunction Against Alabama’s Anti-Immigrant Law
Yesterday, the Department of Justice (DOJ) filed yet another lawsuit against extreme state-level immigration laws—this time against Alabama’s HB 56. Already the subject of a class action lawsuit filed by the ACLU and other immigrants’ rights groups, Alabama’s HB 56 would require local law enforcement to verify the immigration status of those stopped for traffic violations, public schools to determine the immigration status of students, employers to use E-Verify and makes it a crime to knowingly rent to, transport or harbor undocumented immigrants. In its motion for a preliminary injunction, however, the DOJ argues that Alabama’s law, much like Arizona’s, interferes with the federal enforcement of immigration laws and places undue burdens on local schools and federal agencies. Alabama’s law was signed into law by Governor Robert Bentley in June and slated to take effect September 1. Read More

Governor Brown Signs Only Half of California DREAM Act
BY CAITLIN PATLER, DOCTORAL STUDENT AT UCLA'S DEPARTMENT OF SOCIOLOGY This week, California Governor Jerry Brown signed into law Assembly Bill (AB) 130. This new law allows undocumented students enrolled in California’s public colleges and universities to receive privately-funded university scholarships from non-state funds.. While AB 130 is a significant step for the Golden State, it is only one of two bills known collectively as the California DREAM Act. Without its companion bill, AB 131, the legislation does little to address the systemic inequality facing undocumented students in California. Read More

Restrictionist Group Strikes Out in Latest Report on Children of Diplomats
BY MARGARET D. STOCK, COUNSEL TO THE FIRM, LANE POWELL PC The Center for Immigration Studies (CIS) has been known for coming out with some odd reports over the years—but their latest is notable for its factual and legal flaws—and for argument that we should expand several different government bureaucracies to chase down the dozen or so children born in the U.S. each year to diplomats with immunity. The CIS report, “Birthright Citizenship for the Children of Diplomats?,” is about the one group of people that everyone agrees is exempted from birthright citizenship—the children born to foreign diplomats. It claims that, even though these people are not U.S. citizens, they are de facto citizens because they are able to receive Social Security numbers. If you look at the facts, their argument doesn't hold water. Read More

Microsoft, Experts Stress Need for High-Skilled Immigration in Senate Committee Hearing
While the House Judiciary Committee focused on a very different part of immigration yesterday, its Senate counterpart held a hearing on “The Economic Imperative for Enacting Immigration Reform.” In the hearing, witnesses testified that immigration reform that makes it easier for high-skilled immigrants to come work in the U.S. is not only good policy, but an economic necessity. Brad Smith, General Counsel and Senior VP for Legal and Corporate Affairs at Microsoft testified that smart immigration reform could create more jobs for American workers, something the economy needs as our nation struggles to recover from the recession. Read More

Lamar Smith’s HALT Act Would Limit Administration’s Ability to Administer Humanitarian Relief
Today, the House Judiciary Subcommittee held a hearing on the “Hinder the Administration’s Legalization Temptation Act” (HALT Act), introduced by House Judiciary Chairman Lamar Smith (R-TX). The bill, which some are calling a political response to recent ICE memos, would suspend the Administration’s ability to exercise certain discretionary forms of immigration protections and relief until January 21, 2013—the day after the first Obama administration comes to an end. Read More

President Obama Promises to Keep Promising Immigration Reform at Latino Conference
Amid frustrated shouts of “Yes, You Can!” from advocates in the audience, President Obama again deferred the power to fix our broken immigration system to Congress today during a speech at the National Council of La Raza’s (NCLR) annual conference. After highlighting his administration’s bona fides on issues important to the Latino community—appointing Justice Sonia Sotomayor on the Supreme Court, naming Labor Secretary Hilda Solis to his cabinet and delivering health care to millions of Latino families—the President turned to the thorny issue of our broken immigration system—a system many advocates believe the President should fix using the power of executive authority. Read More

Dissecting the HALT Act: The Impact of Eliminating Discretion from Our Immigration System
Immigration restrictionists on Capitol Hill are attempting to move legislation through Congress that would prevent the Obama Administration from exercising the executive branch’s long-held power of prosecutorial discretion. The “Hinder the Administration’s Legalization Temptation Act" (HALT Act) is a bill introduced by Representative Lamar Smith (R-TX) that would suspend certain discretionary forms of immigration protections and relief until January 21, 2013—the day after the first Obama administration comes to an end. The bill would also revoke any of the specified protections and relief that are granted between the date of the bill’s introduction (July 12, 2011) and the date of its enactment. According to a letter circulated by Rep. Smith to solicit support for the HALT Act, its purpose is to “remind the Obama Administration that the founding fathers put Congress in charge of setting the nation’s immigration policy.” What Rep. Smith seems to forget is that the American system of justice has long granted the executive branch of government the discretion to decide how, and against whom, to enforce federal immigration laws. Read More

U.S. Commerce Secretaries Highlight Economic Benefits of Immigration Reform
As the American economy continues to level out post-recession, some experts are looking at immigration reform as a way to help start new businesses and aid job creation. A recent letter from U.S. Commerce Secretary Gary Locke and former Commerce Secretary Carlos Gutierrez outlined the economic benefits of reforming our immigration system and, consequently, the possible further detriment to our economy if Congress fails to act. Read More

U.S-Mexico Border Residents Not Surprised by Falling Crime Stats
Listening to politicians, one would think that the border is rife with murder, arson, theft, kidnapping, and every other type of violent crime imaginable. Unfortunately, those who spread these images often conflate the violence associated with drugs and arms trafficking with immigration, unfairly painting immigrants as the perpetrators. This image of a violence-ridden, out-of-control border has been used to justify increasingly higher spending on enforcement along the border, increases in Border Patrol agents and the deployment of the National Guard. Immigration restrictionists have also used images of border violence and immigrants committing crimes to shut down attempts at serious comprehensive immigration reform. Read More

House Committee Takes Up Bills That Would Indefinitely Detain Immigrants and Eliminate Diversity Visas
In the absence of a federal immigration overhaul, state lawmakers have attempted—many in vain—to address immigration at the state-level. Equally misguided, however, are recent efforts by immigration restrictionist to move anti-immigrant legislation on the federal level. Today, the House Judiciary Committee marked up and passed through committee a bill (and will take up another tomorrow morning) which promises a safer America yet will likely deliver a more costly and dangerous one. Read More
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