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Why Kobach’s Lawsuit Against Deferred Action is Unlikely to Stand Up in Court

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

Immigration Law Curbs Foreign Student Entrepreneurship

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

BREAKING: Deferred Action Request Forms Now Available Online

BREAKING: Deferred Action Request Forms Now Available Online

  Earlier this afternoon, the Obama administration officially released the forms to request deferred action that may be filed by undocumented immigrants who arrived in the country as children and meet various other requirements. Beginning tomorrow, August 15, applicants may mail their requests to specified facilities maintained by U.S. Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security (DHS). While many questions about the initiative remain to be answered, the basic filing requirements are now clear. Read More

Can Deferred Action Beneficiaries Get Driver’s Licenses?

Can Deferred Action Beneficiaries Get Driver’s Licenses?

As the Deferred Action for Childhood Arrivals (DACA) initiative begins accepting applications this week, many are wondering whether beneficiaries of the program will be eligible to obtain a state driver’s license. At this point the answer is: it depends. Read More

Nativist Group Publishes a Distorted Portrait of the Foreign-Born Population

Nativist Group Publishes a Distorted Portrait of the Foreign-Born Population

The latest report from the Center for Immigration Studies (CIS), Immigrants in the United States, suffers from a bad case of selective statistics. While purporting to be a neutral and scholarly demographic profile of the foreign-born population in the United States, the report is actually an anti-immigrant treatise adorned with charts and bar graphs. On the one hand, the report lumps the native-born children of immigrants in with the immigrant population when tabulating rates of poverty, public-benefits usage, and lack of health insurance among the foreign-born. On the other hand, the report overlooks or minimizes the enormous economic contributions which immigrants make as consumers, entrepreneurs, and innovators. Reading the CIS report, you’d never know that immigrants pay taxes, create new jobs by opening businesses, or make scientific discoveries that transform entire industries. Read More

States Apply Brakes on Immigration Legislation in 2012

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

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

ICE Numbers on Prosecutorial Discretion Keep Sliding Downward

ICE Numbers on Prosecutorial Discretion Keep Sliding Downward

Since June 15, the immigration world has largely focused on the impending “deferred action” initiative for individuals who could have qualified for relief under the DREAM Act. Meanwhile, comparatively little attention has been paid to the still ongoing review of more than 300,000 pending removal cases for individuals meriting a favorable exercise of prosecutorial discretion. Although Immigration and Customs Enforcement (ICE) has not released official statistics from the review for nearly two months, figures derived from a recent media account indicate that the agency is now offering to close cases at less than half the rate as when the initiative began. Read More

Immigration Court Backlog Keeps Growing (and Growing, and Growing...)

Immigration Court Backlog Keeps Growing (and Growing, and Growing…)

Two recent reports from the Transactional Records Access Clearinghouse (TRAC) contain discouraging news about the backlog in our nation’s immigration courts. One noted that the number of pending removal proceedings has reached a record high, while the other reported that a relatively small number of cases have been closed through the exercise of prosecutorial discretion. Although the figures provide cause for concern, it remains unclear—absent additional information from the Department of Homeland Security (DHS)—whether the backlog is growing despite the effort to close low-priority cases, or actually because of it. Read More

Don’t Jump to Conclusions About Costs of Deferred Action

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

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