Reform
Restrictive Immigration Law Continues to Threaten Georgia’s Farming Industry
Just days after part of Georgia’s immigration law, HB 87, went into effect, farmers in the Peach State are panicking over how they will find enough workers to harvest their crops—some of which are already starting to spoil. Although a federal judge granted a preliminary injunction enjoining two key provisions of HB 87 last month, the provision requiring employers to verify the immigration status of new hires (E-Verify) went into effect July 1. In an industry where 80% of workers are said to be undocumented—and few American citizens, legal workers or even convicted criminals are willing to step in to do the work—Georgia farmers are now speaking up about how future labor shortages will impact the state’s $1.1 billion industry. Read More
The Difference between E-Verify in a Comprehensive Immigration Reform Bill and E-Verify Alone
Last month, Rep. Lamar Smith introduced the “Legal Workforce Act of 2011” (H.R. 2164), a bill which would make the E-Verify system mandatory for all employers within three years. While the Smith bill version of mandatory E-Verify has been criticized for snagging U.S. citizens and legal workers, burdening employers with additional costs and not actually catching unauthorized workers, Sen. Robert Menendez’s recent bill, “The Comprehensive Immigration Reform Act of 2011,” also includes mandatory E-Verify. So why would folks support the Menendez bill when they keep hearing that E-Verify is so bad? Read More
California’s Tuition Equity Law Upheld by U.S. Supreme Court
BY SUMAN RAGHUNATHAN, PROGRESSIVE STATES NETWORK Proposals to increase educational access for students (particularly the undocumented) continue to advance in state legislatures nationwide, even as they are being upheld in the nation’s courts. Earlier this month, the U.S. Supreme Court reinforced and upheld California’s tuition equity law, the nation’s oldest and one of the strongest tuition equity models nationwide, by choosing not to consider a challenge to the law. California’s law, AB 540, passed a decade ago and was already unanimously upheld by the State’s Supreme Court last November. Read More
Sen. Menendez Introduces Comprehensive Alternative to Enforcement-Only Immigration Legislation
While some in Congress continue attempts to enforce a way out of our immigration problems, others, like Senator Robert Menendez (D-NJ), are offering balanced solutions that address not just one, but many facets of our broken immigration system. Today, Senator Menendez (D-NJ), along with Senators Harry Reid (D-NV), Patrick Leahy (D-VT), Richard Durbin (D-IL), Charles Schumer (D-NY), Kristen Gillibrand (D-NY) and John Kerry (D-MA), introduced the “Comprehensive Immigration Reform (CIR) Act of 2011,” a bill which offers a comprehensive framework for lasting reform. Read More
Pending a Resolution of DOMA, Immigration Judges Should Exercise Discretion to Stay Removal Cases
BY BETH WERLIN AND VICTORIA NEILSON To date, five states plus the District of Columbia celebrate marriages of gay and lesbian couples and several other states honor such marriages. In addition, five countries, including Canada, permit marriages of gay and lesbian couples and at least fourteen additional countries recognize same-sex relationships for immigration purposes. Yet, because the U.S. immigration agencies rely on section 3 of the Defense of Marriage Act (DOMA)—defining marriage as a union between one man and one woman—lesbian and gay U.S. citizens and lawful permanent residents are barred from obtaining immigrant visas for their spouses, visas that are available to heterosexual U.S. citizens and residents with foreign-born spouses. Gay and lesbian noncitizens also are precluded from obtaining other immigration protections, including relief from removal, based on a marriage to a U.S. citizen or permanent resident. As a result, families are separated and spouses of U.S. citizens and lawful permanent residents are deported from the United States. Read More
Pending a Resolution of DOMA, Immigration Judges Should Exercise Discretion to Stay Removal Cases
BY BETH WERLIN AND VICTORIA NEILSON To date, five states plus the District of Columbia celebrate marriages of gay and lesbian couples and several other states honor such marriages. In addition, five countries, including Canada, permit marriages of gay and lesbian couples and at least fourteen additional countries recognize same-sex relationships for immigration purposes. Yet, because the U.S. immigration agencies rely on section 3 of the Defense of Marriage Act (DOMA)—defining marriage as a union between one man and one woman—lesbian and gay U.S. citizens and lawful permanent residents are barred from obtaining immigrant visas for their spouses, visas that are available to heterosexual U.S. citizens and residents with foreign-born spouses. Gay and lesbian noncitizens also are precluded from obtaining other immigration protections, including relief from removal, based on a marriage to a U.S. citizen or permanent resident. As a result, families are separated and spouses of U.S. citizens and lawful permanent residents are deported from the United States. Read More
More States Question Participation in ICE’s Secure Communities Program
Colorado Gov. John Hickenlooper questions state's participation in Secure Communities program Earlier this week, Massachusetts Governor Deval Patrick announced that the state of Massachusetts would not sign an agreement with the Department of Homeland Security to participate in the Secure Communities program, making it the third state in recent weeks to question participation in the controversial enforcement program. That chorus of concern, however, grew louder this week as Colorado Governor John Hickenlooper questioned whether the program—which shares the fingerprints of individuals booked into local jails with federal immigration databases—is being implemented properly in Colorado. Also this week, the Los Angeles City Council voted to support a resolution that allows communities to opt-out of Secure Communities, which many argue is targeting a broader swath of people than the dangerous criminals the program states as its intended target. Read More
Administration Uses Executive Authority to Keep Educated Grads in U.S. Longer
By H. BOB SAKANIWA, AMERICAN IMMIGRATION LAWYER'S ASSOCIATION As President Obama indicated in an immigration speech in El Paso, Texas, earlier this month, in a global marketplace, the United States needs the best and brightest to stay in our country to work, innovate and help create jobs for the benefit of all Americans. Well-educated, foreign-born professionals have made enormous contributions to our country, and we should do all we can to retain the next generation of these types of contributors. Just two days after President Obama put the topic of immigration reform back into the national debate, the administration exercised its executive authority to expand the number of science, technology, engineering, and math degree (STEM) programs that can be used to qualify foreign graduates to extend their post-graduate training. Read More
White House Immigration Blueprint a Starting Point
Speeches, even those delivered by the President of the United States, can be forgotten fairly quickly. Following the El Paso immigration speech from two weeks ago, the White House is attempting to sustain a buzz by sending other members of the President’s cabinet and White House officials out to give speeches and hold roundtables across the country to discuss immigration. The most lasting piece of this effort, however, is likely to be the immigration blueprint which was released along with the speech. The title, “Building a 21st Century Immigration System” recognizes that the system we have now does not work—and a new one must be built from scratch to meet the needs of our country today. Without comprehensive reform, pieces of the immigration system will remain unfixed, resulting in a system which still does not function Read More
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