Legislation
Immigrant Detention and the Private Prison Industry
The latest data on immigration enforcement show that U.S. Immigration and Customs Enforcement (ICE) detained a record high of 429,247 noncitizens in the 2011 fiscal year, an increase of 18 percent over 2010. Immigration detention has been steadily increasing over the last two decades. A new report by Justice Strategies suggests this increase is largely due to the efforts of private prison companies. Read More
Congress Pits One Form of Legal Immigration Against Another
We recently noted that the only point of agreement in the Republican and Democratic platforms on immigration was on the need for an infusion of green cards for STEM (science, technology, engineering, and math) graduates with advanced degrees from American colleges and universities. A recent poll conducted for the Partnership for a New American Economy and Compete America shows that 76 percent of Americans support the idea as well. If only Congress could draft legislation that simply sought to put that idea into practice. Read More
What Early DACA Application Numbers Tell Us About the Future of the Program
It hasn’t even been a month since the United States Citizenship and Immigration Services (USCIS) first started accepting requests for deferred action under its Deferred Action for Childhood Arrivals (DACA) initiative, yet the New York Times reported this week that the first approvals are already on their way. The Times also reported that the agency has received 72,000 applications as of September 11—almost double the 40,000 reported in the Wall Street Journal just the day before. That’s not bad at all for a program that was only announced three months ago and put into place by the government in 60 days. Read More
A Look Backward and Forward at Immigration Platforms
Eight years ago, the similarities between the Republican and Democratic platforms on the issue of immigration reform were striking. The 2012 immigration planks for both parties are equally striking, but for the opposite reason. Where 2004 demonstrated a unified vision of a broken system requiring reform, 2012 represents a virtual breakdown in agreement at least in official party documents, on how to go forward on immigration. Comparing the evolution of the platforms from 2004 to 2008 to 2012 offers some insight into what has gone wrong in the immigration policy debate, and demonstrates why both sides need to come up with new, creative solutions to the continuing immigration policy crisis. Read More
Why Kobach’s Lawsuit Against Deferred Action is Unlikely to Stand Up in Court
Kris Kobach’s official job title is Kansas Secretary of State. But he is better known for drafting—and being hired to defend in court—state and local immigration laws designed to make undocumented residents “self-deport.” His two most notorious undertakings are Arizona SB 1070 and Alabama HB 56, which have largely been eviscerated by federal courts. Yesterday, Kobach embarked on a new legal escapade, filing a lawsuit to block the Obama administration from granting deferred action to so-called “DREAMERers,” undocumented immigrants who arrived in the country as children. Fortunately, although sure to generate headlines, the lawsuit has little chance of standing up in court. Read More
5 Ways DACA Renews the Conversation on Immigration Reform
There’s no doubt that recent implementation of the Deferred Action for Childhood Arrivals (DACA) initiative is the biggest thing to happen in immigration law in many years. While most of the attention is currently focused on how to make it work, how to apply and how to work out the kinks, it’s important to take a macro view at the ways this program can actually renew the entire conversation on immigration reform. Read More
Immigration Law Curbs Foreign Student Entrepreneurship
Nearly everyone agrees that the U.S. immigration system should provide visas for entrepreneurs who want to start businesses in the U.S. and employ American workers. However, convoluted immigration laws make it difficult for some entrepreneurs to launch their business while they’re in school and remain lawfully in the U.S. after they graduate in order to run them. A new report by the Kauffman Foundation entitled Reforming Immigration Law to Allow More Foreign Student Entrepreneurs to Launch Job-Creating Ventures in the United States describes the obstacles student entrepreneurs’ face. Read More
Alabama Ruling Yet Another Rebuke to State Immigration Laws
As with the Supreme Court’s recent opinion on Arizona SB 1070, initial media coverage portrayed the (technically) mixed rulings on the Alabama and Georgia immigration laws as a split decision. But do not be fooled: yesterday’s opinions from the U.S. Court of Appeals for the Eleventh Circuit represent a sweeping win for the immigrants’ rights movement and a crushing blow to the legal crusade led by Kris Kobach. While yesterday’s victory was not unqualified, the provisions struck down by the Eleventh Circuit were far more significant than those that were upheld. Read More
How Deportations Devastate Families and Communities
It goes without saying that unauthorized immigrants live in constant fear of deportation. After all, any chance encounter with U.S. immigration officials can leave an unauthorized immigrant behind bars and in removal proceedings. Less obvious, perhaps, is the impact that deportations have on families and communities. A mother can be left to provide for the family alone when the father is deported. U.S.-born children can wind up in foster care when their parents are deported. And the more frequently such deportations occur, the greater is the pall of fear which hangs over entire immigrant communities. Read More
Sore Loser, Jan Brewer, Continues Anti-Immigrant Crusade
Despite losing both the legal and public relations battles in the fight over SB 1070, Arizona’s Governor Jan Brewer was anxious to put Arizona back in the spotlight this week. Although she can’t prevent people from requesting or receiving deferred action, she issued an executive order that attempts to prevent Arizona recipients of Deferred Action for Childhood Arrivals (DACA) from obtaining driver’s licenses in her state. The order, which also banned access to public benefits (something DACA recipients are ineligible for, anyway) has been characterized as mean-spirited and belligerent, but it is also just wrong on the facts Read More
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