Research and Analysis
Immigration and the Defense of Marriage Act (DOMA): A Q&A Fact Check
Q: What is the Defense of Marriage Act?A: In 1996, Congress passed the Defense of Marriage Act (DOMA). Section 3 of DOMA defines marriage as a legal union between one man and one woman. At the time DOMA was enacted, no state permitted same-sex marriages. Today, six states and the District of Columbia permit same-sex marriages; several other states honor out-of-state marriages and/or recognize civil unions. Read More
Mexican Migration Patterns Signal a New Immigration Reality
Fewer Mexicans are Entering the U.S., Fewer Are Leaving, and Mexican American Births Now Outpace Immigration from Mexico Much of what we thought we knew about immigration is changing, and the new reality means we need to think differently about how we approach immigrants and immigration reform in the United States. Unauthorized immigration has clearly paused, and three-fifths of unauthorized immigrants have been in the United States for more than a decade. Immigrants are becoming more integrated into U.S. communities. Given these trends, now is the time to seriously consider comprehensive immigration reform. Read More
Dissecting the HALT Act: The Impact of Eliminating Discretion from Our Immigration System
Immigration restrictionists on Capitol Hill are attempting to move legislation through Congress that would prevent the Obama Administration from exercising the executive branch’s long-held power of prosecutorial discretion. The “Hinder the Administration’s Legalization Temptation Act" (HALT Act) is a bill introduced by Representative Lamar Smith (R-TX) that would suspend certain discretionary forms of immigration protections and relief until January 21, 2013—the day after the first Obama administration comes to an end. The bill would also revoke any of the specified protections and relief that are granted between the date of the bill’s introduction (July 12, 2011) and the date of its enactment. According to a letter circulated by Rep. Smith to solicit support for the HALT Act, its purpose is to “remind the Obama Administration that the founding fathers put Congress in charge of setting the nation’s immigration policy.” What Rep. Smith seems to forget is that the American system of justice has long granted the executive branch of government the discretion to decide how, and against whom, to enforce federal immigration laws. Read More
The Three- and Ten-Year Bars
This Fact Sheet provides background on the three- and ten-year bars and waivers, and explains the recent regulatory changes. Read More
The Morton Memo and Prosecutorial Discretion: An Overview
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director John Morton issued two significant memoranda on the use of prosecutorial discretion in immigration matters. Prosecutorial discretion refers to the agency’s authority to not enforce immigration laws against certain individuals and groups. The primary memo (the Morton Memo on Prosecutorial Discretion) calls on ICE attorneys and employees to refrain from pursuing noncitizens with close family, educational, military, or other ties in the U.S. and instead spend the agency’s limited resources on persons who pose a serious threat to public safety or national security. Morton’s second memo focuses on exercising discretion in cases involving victims, witnesses to crimes, and plaintiffs in good faith civil rights lawsuits. The memo instructs “[a]bsent special circumstances or aggravating factors, it is against ICE policy to initiate removal proceedings against an individual known to be the immediate victim or witness to a crime.” A closer look at the Morton Memo on Prosecutorial Discretion reveals that it reaffirms many of the principles and policies of previous guidance on this subject. The memo, however, takes a further step in articulating the expectations for and responsibilities of ICE personnel when exercising their discretion. Read More
Rep. Lamar Smith’s “Keep Our Community Safe Act of 2011” Creates More Problems than Solutions
One of the ugliest myths in the immigration debate involves the relationship between immigrants and crime. While studies repeatedly have shown that immigrants are less likely to commit crimes than native-born Americans, many politicians exploit the public’s fear of crime to advance a restrictive immigration agenda. One of the latest attempts to do so is the “Keep Our Communities Safe Act of 2011,” or H.R. 1932, introduced by Rep. Lamar Smith (R-TX). This bill seeks to expand the authority of the Department of Homeland Security (DHS) to subject certain immigrants to indefinite—that is, potentially life-long—detention, even though the Supreme Court has held that such detention raises serious constitutional concerns. Read More
Understanding Prosecutorial Discretion in Immigration Law
Frustrated by the lack of comprehensive immigration reform, many advocates, from grassroots community organizers to Members of Congress, have begun calling on President Obama to take action. They want the President and his administration to use the power of the executive branch to defer removals, revisit current policies and priorities, and interpret the law as compassionately as possible. The specific requests vary greatly. Senators Richard Durbin (D-IL) and Richard Lugar (R-IN), for instance, last year asked the Department of Homeland Security (DHS) to defer the removal of young people who qualified for legal permanent residence until such time as their legislation, the DREAM Act, became law. In April 2011, nineteen Democratic and Independent U.S. Senators, including Senators Harry Reid (D-NV), Richard Durbin (D-IL), and Kristin Gillibrand (D-NY), reiterated the call to stop the removal of all students who meet the strict requirements of the DREAM Act. While the DREAM Act is frequently invoked, many community groups have also called for exercising prosecutorial discretion in individual cases by declining to put people in removal proceedings, terminating proceedings, or delaying removals in cases where people have longstanding ties to the community, U.S.-citizen family members, or other characteristics that merit a favorable exercise of discretion. Read More
Deportation in the Time of Cholera: DHS’s Mixed Response to Haiti’s Earthquake
The dramatic announcement on May 17, 2011 that the Department of Homeland Security (DHS) would extend Temporary Protected Status (TPS) for another eighteen months to Haitians, including those who entered the country no later than January 12, 2011, is a welcome step forward in the saga of the Haitian earthquake. The decision to extend and redesignate Haiti for TPS has been a long time coming and reflects more than a year of solid effort on the part of advocates and the Haitian community. In many ways, DHS’s handling of the devastating January 2010 earthquake in Haiti is emblematic of the triumphs and tribulations discussed in a recent report issued by the Immigration Policy Center, Second Annual DHS Progress Report: An Analysis of Immigration Policy in the Second Year of the Obama Administration. This critique found that the immigration agencies appear to be tackling issues affecting Haitians independently, failing to coordinate their enforcement and benefits-oriented policies. At times, critical information was disseminated in a limited and ad hoc fashion, generating confusion and unease about DHS policies. Observers have been left questioning how DHS’s priorities are ordered and whether they are integrated at the department level. DHS’s latest actions offer hope that a more coordinated, thoughtful, and humanitarian approach will prevail. Read More
The Migrant Integration Policy Index (MIPEX III)
How U.S. Integration Policy Stacks Up Against Other Countries Integration is an often overlooked but key component of U.S. immigration policy. Successful integration of immigrants fuels their success, strengthens communities, and builds bridges between newcomers and other community members. Time and again, the influx of immigrants into a community has been shown to reverse economic decline and breathe new life into urban areas, small towns, and rural communities. Moreover, integration can be a key to entrepreneurship and future economic growth. For example, research by Richard Florida and Charlotta Mellander found that nations which focus more on immigrant integration have higher levels of economic competitiveness, are more innovative, and have higher rates of entrepreneurship. Understanding how federal and state laws facilitate or hinder integration is therefore an important component of setting integration policy. Read More
Revitalizing the Golden State
California is home to nearly 10 million immigrants, more than one quarter of the state’s population. Of those, 2.7 million are undocumented, and the vast majority of them have been living in the United States for more than 10 years. California’s immigrant contributions to the Golden State cannot be overstated. From Cesar Chavez, the pioneering agricultural labor-rights leader in the 20th century to Sergei Brin, the Russian entrepreneur behind one of the 21st century’s most revolutionary companies, Google Inc., the foreign born and their descendants are woven into the state’s cultural and economic fabric. Still, that reality has not prevented some Californians, frustrated with our broken federal immigration system, to call for an Arizona-style “papers please” approach. The stated goal of this new wave of state-based enforcement legislation is to trigger a mass exodus of undocumented immigrants, by making “attrition through enforcement” the policy of state and local government agencies. The threshold question that proponents of S.B.1070-style legislation have failed to answer is whether that goal serves the economic interests of the state’s constituents. Read More
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