Legislation
Busting Myths About Deferred Action
Beginning today, undocumented immigrants brought to the country as children may officially submit requests for deferred action, a form of prosecutorial discretion that protects recipients from deportation and allows them to work legally in the United States for up to two years. As might be expected, numerous inaccuracies have surfaced in media coverage and other commentary about the initiative, known formally as Deferred Action for Childhood Arrivals (DACA). Below, we address common falsehoods about deferred action in general and the Obama administration’s initiative in particular. Read More
Courts Weigh Issuance of Law Licenses to Undocumented Attorneys
The highest courts of Florida and California are considering a legal question of great importance to many DREAMers: whether the lack of valid immigration status prevents states from issuing law licenses to applicants who are otherwise qualified to become attorneys. To some, the answer may seem obvious—that immigrants should not be permitted to practice law in a country where their presence violates the law. But as with most issues concerning immigration, the answer is more complex than may initially appear. Read More
States Apply Brakes on Immigration Legislation in 2012
The National Conference on State Legislatures (NCSL) released its annual review of immigration legislation moving in statehouses around the country. NCSL found a significant, 40% decrease in the introduction of immigration legislation and a 20% decrease in states enacting immigration-related laws when compared to 2011. This decline is the first in years, and is reportedly due to two factors: lawmakers being too busy dealing with budget issues and redistricting, and waiting to see how the Supreme Court would rule in Arizona v. United States. Read More
Administration Releases Details on Deferred Action for Childhood Arrivals
The Department of Homeland Security today released details on its plan to grant “deferred action” to immigrant youths who were brought to the country as children. The announcement, which was accompanied by an updated FAQ and other materials on how to apply, comes eight weeks after DHS Secretary Janet Napolitano revealed the initiative, which could immediately benefit more than 900,000 immigrants. The new guidance from DHS addresses many questions about the application process—the answers to which appear below—but leaves others unresolved. Read More
Restrictionists Misrepresent Data on Immigration Enforcement
Some members of Congress are intent on portraying the Obama administration as “weak” on immigration enforcement, and they aren’t going to let facts get in their way. Yesterday, for example, the Congressional Research Service (CRS) released new data on individuals who had been identified through Secure Communities (S-Comm) but against whom ICE had not taken enforcement action. House Judiciary Chair Lamar Smith characterized the data as proof that the Obama administration has used prosecutorial discretion “recklessly and to the detriment of the American people.” However, a close look at the data reveals that Smith’s sweeping allegations do not hold water. By misusing terms like “recidivism,” and by failing to distinguish between arrests and convictions, Smith intends to paint immigrants as criminals—a link that has been disproven over and over again. Read More
Where and Who Are The Young People Eligible for the President’s “Deferred Action” Initiative
The Obama Administration’s “deferred action” initiative for unauthorized youth who were brought to this country as children has raised a number of crucial questions. How many people will be eligible? Who are they? And where do they live? A new analysis by the Immigration Policy Center (IPC), together with Rob Paral & Associates, provides some answers. While other analyses have produced national and state-level estimates of how many immigrants could benefit from the deferred action initiative, the IPC report provides a new level of detail, breaking down the eligible population by nationality and age at not only the national and state level, but the congressional district level as well. Read More
Don’t Jump to Conclusions About Costs of Deferred Action
The Associated Press (AP) reported yesterday that the deferred action initiative for eligible, young immigrants, which is still under development, could cost more than $585 million. While some critics immediately jumped on this as proof that taxpayers would be made to pay for the new initiative, that’s just not the way things work at USCIS. While taxpayers foot the bill for Immigration and Customs Enforcement and Custom and Border Patrol operations, (including the cost of detention and deportation of immigrants) the public doesn’t routinely foot the bill for programs administered by U.S. Citizenship and Immigration Services. In fact, it’s much more likely that the deferred action initiative will be paid for by the people who use it. Read More
New Brookings Report Examines Demand for H-1B High Skilled Worker Visas
Who uses H-1Bs and for what types of jobs is a topic of constant debate in Congress and in communities across the country. The Brookings Institute recently released a new report mapping H-1B workers in the U.S which addresses some of these questions and sheds new light on the topic. The H-1B program allows employers to hire foreign workers in specialty occupations for a temporary period of time. Currently, H-1Bs for for-profit employers are capped at 65,000 per year, with an additional 20,000 visas for workers with advanced degrees from U.S. universities. Research, non-profit, and government organizations can also request H-1B workers, and those visas are uncapped. Read More
Lieutenant Governor Makes Plea for Maryland DREAM Act
At the end of its 2011 legislative session, Maryland lawmakers passed a bill that would allow certain undocumented students to pay in-state tuition rates at Maryland community colleges, joining 12 other states with similar laws. Now, however, opponents of the law have gathered enough signatures to suspend the law and force a referendum come November. Maryland’s Lieutenant Governor Anthony Brown, an advocate for affordable higher education, responded with a plea to voters to consider the contributions of these students and the value of education for all Maryland residents. Meanwhile, lawmakers in other states like Ohio and New Jersey are considering legislation that makes higher education more affordable to all its residents. Read More
California DREAMers Exhibit High Levels of Civic Participation, Yet Face Significant Hardships
By Caitlin Patler, Ph.D. Candidate in Sociology, UCLA There are roughly 5 million undocumented children and young adults currently living in the U.S. today, 24% (or 1.1 million) of whom live in California. As in other states, California’s undocumented youth face a unique and challenging paradox. On one hand, they work hard, excel academically, participate in their communities and have high educational and career aspirations in the only country they’ve ever known. On the other hand, their immigration status severely limits their opportunities, aspirations and ability to contribute fully to U.S. society. A new research brief, co-authored by Veronica Terriquez and this author, highlights the experiences of undocumented youth in California—many of whom disproportionally experience economic and personal hardships. Read More
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