Reform

Reasons for Cautious Optimism on Immigration Reform
There is considerable debate at the moment over the prospects for immigration reform this year. On the one hand, an electorally chastened Republican Party seems to be reevaluating its long-standing support for deportation-only immigration policies. On the other hand, it looks as though the White House and Congress are embarking upon lengthy debates over gun control and tax-and-spending policies; debates which might leave little room for a rational discussion of U.S. immigration laws. Nevertheless, reports from the White House indicate that President Obama is ready to forge ahead on immigration reform. It remains to be seen, however, what form that will take. Will the President opt for a truly comprehensive solution, or will he adopt a more piecemeal type of reform that targets only some subsets of the immigrant population? Let us hope that the comprehensive approach prevails. The fates of millions of people have been hanging in the balance for far too long. Read More

Countdown of the Top Five Immigration Stories of 2012
In the beginning of 2012, the landscape of the immigration world looked much different. Pro-immigrant groups were coming off of a rough few years that saw the failure of the DREAM Act, a spike in deportations under President Obama, and the passage of several state-level restrictionist bills like Arizona’s infamous SB 1070 and Alabama’s HB 56. However, immediately after the 2012 Presidential election, the discussion around immigration reform was reignited and led with legalization for the 11 million undocumented immigrants currently living in the country. What changed? Here’s our take on five of the biggest reasons 2012 has been a catalyst for change: Read More

Border Patrol Tightens Up Its Policy on Providing Interpretation Services
By Lisa Graybill, Visiting Lecturer in Law at the University of Denver Sturm College of Law. In a welcome if overdue move last Thursday, the Department of Homeland Security (DHS) issued new guidance to Customs and Border Patrol (CBP) personnel, directing them not to respond to requests for translation assistance from other law enforcement organizations. The new guidance, which has not been publicly released, requires CBP personnel, including U.S. Border Patrol agents, to instead refer requests for translation from federal, state, and local law enforcement organizations to private local and national translation services. However, the guidance does not affect CBP’s authority to respond to requests from law enforcement agencies for other types of assistance. Read More

Lawsuit Uncovers USCIS’ Double Standards in H-1B Program
For the past several years, U.S. Citizenship and Immigration Services’ (USCIS) H-1B visa review and processing procedures have caused confusion and concern among U.S. businesses that turn to highly-skilled temporary foreign workers in specialty occupations to operate successfully. In newly-uncovered documents, it appears that instead of supporting small businesses that attempt to hire highly-skilled foreign workers, in many cases, USCIS discourages their success by subjecting them to a near presumption of fraud. Read More

Immigrant Friends and Foes Debate the Definition of “Comprehensive Immigration Reform”
Nearly everyone agrees that an immigration reform bill of some sort will be introduced in Congress in the near future given the pivotal role that Latinos and immigrants played in getting President Obama reelected. But no one knows yet just how “comprehensive” that bill will be, meaning which groups of immigrants will be included and which will be excluded. For immigrant-rights advocates, a truly comprehensive bill would create a pathway to legal status for the 11 million unauthorized immigrants now living in the country. For anti-immigrant activists, the definition of “comprehensive” is, not surprisingly, a bit less comprehensive. In fact, their redefinition of the concept is often so tortured as to be meaningless. Read More

The U.S. Economy Still Needs High-Skilled Immigrant Workers
With the U.S. economy in the midst of a prolonged slump, it’s hard to believe that a labor shortage exists anywhere in the country. But that is precisely the case when it comes to the high-tech industries which depend upon highly skilled scientists and engineers. The United States has long faced a dilemma in this respect: the U.S. educational system is not producing high-tech professionals in numbers that are sufficient to meet labor demand. That is one reason so many U.S. scientists and engineers are immigrants. And it is one of the reasons that even more U.S. scientists and engineers would be immigrants if not for the arbitrary limits imposed by the U.S. immigration system. For the sake of the U.S. economy’s recovery and long-term competitiveness, lawmakers should revise the antiquated rules that currently govern how many and which high-tech professionals from abroad are allowed to work in the United States. Read More

America: Start-Up Nation of Immigrants
AOL co-founder Steve Case brought an important message to the National Strategy Session on Immigration in Washington, D.C. this week: America is a start-up nation. Over the last 200 years, America has built the most dynamic economy in the world through the hard work and innovation of its entrepreneurs. Read More

Bibles, Badges, Business and Bush + DREAMers Make Immigration Reform Demands Known
While some thought the immigration reform talk immediately after the election was just chatter, a series of convenings and speeches this week demonstrate that the topic of broad immigration reform is on plenty of tables. From DREAMers to President Bush, the call for reform goes on. Read More

Using Administrative Tools to Improve Immigration Court
Even as the push for legislative reform to our immigration system begins anew, it’s important that every tool to fix our outdated immigration system be employed, including administrative reform. While rarely discussed, attention must be paid to immigration court reform. Immigration courts lack many of the hallmarks of due process that Americans have come to expect, including the right to appointed counsel if you cannot afford one, independent judges, and a discovery process where the government must turn over the evidence it has regarding the person’s deportability. While true immigration reform should include overhauling the immigration courts, there is much that can be done to improve their processes immediately through administrative action. Read More

This Week’s Immigration Proposals: Old News, Old Ideas
If you follow immigration, but are returning from a month-long, news-free vacation, there’s only one conclusion you would draw from the legislation Republicans offered up this week in Congress: Mitt Romney must have won the presidential election. After all, the ACHIEVE Act, introduced yesterday by retiring Senators Jon Kyl (R-AZ) and Kay Bailey Hutchison (R-TX), which offers temporary legal status but no path to citizenship to DREAMers, is surely the bill they were preparing to offer in the event that a Romney Administration was in the wings. And on the House side, a slightly revised version of the STEM Jobs Act—which failed on the suspension calendar before the election—is back on the floor at the end of this week without changing any of the problems that led to its defeat before. Surely, this suggests that the predictions that immigration would play a decisive role in the presidential election didn’t pan out and that self-deportation as an immigration reform strategy worked. Except, none of this is true. Read More
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