Border Enforcement
Beyond A Border Solution
- Asylum
- May 3, 2023
America needs durable solutions. These concrete measures can bring orderliness to our border and modernize our overwhelmed asylum system. Read…
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Voter ID Laws Tackle Non-Existent Problem of Immigrant Vote Fraud
It is election season and voter-fraud hysteria is in the air. A raft of restrictive voter ID legislation from coast to coast is aimed primarily at one imaginary problem: fraudulent voting by immigrants who are not U.S. citizens. Supporters of these laws like to pretend that hordes of non-citizens are stampeding into voting booths and illegally changing the outcome of critical elections. But the reality is that voter ID laws have little to do with the exceedingly rare occurrence of illegal voting by immigrants, or any other kind of voter fraud. These are laws designed to disenfranchise racial and ethnic minorities, the poor, and other social groups that might be inclined to vote for the “wrong” candidates. In other words, voter ID laws are meant to limit democracy, not protect it. Read More

For Immigrants, Alternatives to Detention Not All They’re Cracked Up to Be
On any given day, approximately 300,000 immigrants in the United States have pending removal proceedings to determine whether they will be deported from the country. Of those, about 10% are kept in detention centers while proceedings are pending, with the rest are subject to alternatives ranging from the posting of bail to the use of electronic ankle monitors. While few if any immigrants prefer to be detained, a recent report explains that many alternatives to detention (ATD) program impose hardships themselves. Read More

Some States Attempt to Move Forward on Immigration Laws Following Supreme Court Decision
Prior to the Supreme Court’s recent decision on Arizona SB 1070, other states that passed immigration laws were also embroiled in complicated legal battles. Alabama, Georgia, South Carolina, and Utah all passed restrictive immigration laws, parts of which were challenged in court and subsequently enjoined pending the Supreme Court’s ruling on Arizona. Now that the Supreme Court has ruled, however, each state is now attempting to interpret that ruling in an effort to implement its immigration law. Read More

Civil Rights Groups Resume Legal Challenges to Alabama’s Immigration Law
Less than three weeks after the Supreme Court’s landmark decision in Arizona v. United States—which struck down three provisions of SB 1070 and invited future challenges to a fourth—civil rights groups are back in court resuming their challenges to copycat laws in other states. Going forward, the lawsuits will focus more on how to interpret the Justices’ decision and less on theoretical legal questions about states’ rights. While the cases in Alabama and other states may take years to resolve, it is already clear that parts of the laws will be immediately struck down. Read More

In California, TRUST Act One Step Closer to Becoming Law
The California state Senate overwhelmingly approved the TRUST Act on Thursday, marking a significant step for a piece of legislation aimed at limiting the humanitarian impact of the Secure Communities program. The bill must still pass the state Assembly and be signed by Gov. Jerry Brown to become law, but its success thus far represents an important victory for the immigrants rights movement and has positioned California as the “anti-Arizona” among states frustrated with Washington’s failure to enact comprehensive immigration reform. Read More

Why Human Trafficking Cases are Falling Through the Cracks
Human trafficking is a big yet commonly overlooked problem in the United States and abroad. Each year, roughly 600,000 to 800,000 people are trafficked across international borders, according to the Department of State, with about 17,500 into the United States. Despite an uptick in laws aimed at addressing this problem, U.S. law enforcement and state prosecutors haven’t identified or prosecuted as many cases as expected given the large number of cases, leaving many to question why. In a recent report, however, experts at the Urban Institute and Northeastern University shed some light on why so many cases seem to be falling through the cracks. Read More

According to Scott Beason, Alabamans Will Return to “Menial Jobs” Over Time
Alabama State Senator Scott Beason continues to link the state’s recent dip in unemployment to its extreme immigration law (HB 56), even though there is no evidence to support that this theory. In fact, many Alabama business have reported difficulties in replacing immigrant workers, many of whom have left the state or gone further underground. But in a recent effort to address this reported labor shortage, Sen. Beason—a sponsor of HB 56—managed to insult both immigrants and native Alabamans alike. Read More

How Should Obama Administration Proceed with Deferred Action Program?
In a June 15th memo announcing deferred action for immigrant youth, DHS Secretary Janet Napolitano gave USCIS 60 days to come up with a process that will allow these young people to affirmatively apply for the chance to work, study, and live in the U.S. without fear of deportation. To be sure, USCIS staff and their counterparts at ICE, CBP, and DHS, have been entrusted with a difficult job—one that requires balancing legal and practical implementation issues against high expectations and years of built up frustration over the lack of immigration reform. But the real challenge is acknowledging that every single decision they make about the program has the chance to make it harder or easier for young people to realize their dreams. Read More

How the President’s Deferred Action Initiative Will Help the U.S. Economy
President Obama’s June 15 “deferred action” announcement is good not only for the 1.4 million unauthorized children and young adults who have been granted a temporary reprieve from deportation, but also good for the U.S. economy. Each year, tens of thousands of unauthorized students graduate from primary or secondary school, often at the top of their classes. They have the drive and intelligence to become doctors, nurses, teachers, and entrepreneurs, but their lack of legal status has prevented them from attending college or working legally. The President’s deferred action initiative has finally provided them with an opportunity to live up to their full potential and, in the process, earn more, spend more, and pay more in taxes. Read More

Clearing the Air on Immigrants, the Military, and Deferred Action
President Obama’s June 15 announcement on deferred action for DREAMers raised a number of questions about what it means and how it will be administered. One of the biggest questions is regarding military service. According to the DHS memo, among those eligible to be granted deferred action are an individual who is an “honorably discharged veteran of the Coast Guard or Armed Forces of the United States.” Then, during his speech to NALEO, GOP presidential candidate Mitt Romney stated that he would support a path to legal residency for “those who have risked their lives in defense of America.” The language of the DHS memo compounded by Romney’s remarks led some to believe that undocumented immigrants could serve in the military and therefore qualify for deferred action or some sort of legalization program. But this is not the case. Read More
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