Research and Analysis

Mandatory E-Verify without Legalization Would Hamper Economic Recovery and Cost U.S. Workers Jobs
Since 1986, controlling illegal immigration by regulating who is entitled to work in the United States has been a key component of U.S. immigration policy. The ritual of showing proof of one’s identity and work authorization and filling out an I-9 form is part of every new hire’s paperwork haze. Read More

Deeper into the Shadows
Before the onset of the Great Recession, immigrant labor was cited as a boom to the U.S. economy. In towns and cities across the country, immigrant labor—documented or otherwise—filled positions in growing businesses and industries where demand outpaced the supply of native-born workers. Since the onset of the economic downturn in 2008 and the rise in U.S. unemployment, some analysts and politicians—looking for a convenient scapegoat—have turned on that immigrant workforce and their employers, arguing that deporting eight million undocumented immigrant workers will create eight million new jobs for the native-born. This over-simplified equation ignores the complicated and inter-dependent roles that immigrants play in our economy. A 2010 study by the Fiscal Policy Institute on the economic contributions of immigrants in the 25 largest metropolitan areas in the United States makes the point well: The results were clear: immigrants contribute to the economy in direct relation to their share of the population. In the 25 largest metropolitan areas combined, immigrants make up 20 percent of the population and are responsible for 20 percent of economic output. Together, these metro areas comprise 42 percent of the total population of the country, 66 percent of all immigrants, and half of the country’s total Gross Domestic Product. Read More

After the Raid is Over: Marshalltown, Iowa and the Consequences of Worksite Enforcement Raids
For many years, large-scale worksite raids constituted a major element of federal immigration enforcement. While the large-scale and well-publicized worksite raids have tapered, immigration enforcement has continued to increase, and the number of deportations and detentions is at an all-time high. The ever-expanding arsenal of ICE enforcement policies, together with harsh state and local laws and policies, have harmful side effects that go far beyond the unauthorized population. Policies meant to target unauthorized immigrants also impact their family members, employers, and neighbors. A large number of the people affected are U.S.-citizen children. Latinos, Asians, and others who “sound” or “appear” to be foreign may be the victims of mistakes (such as the U.S. citizens who have been mistakenly deported), or may experience civil rights violations, discrimination, or profiling. In states and localities with anti-immigrant laws and policies, negative attitudes towards immigrants and nasty rhetoric might be enough to cause lawfully present people to leave. Read More

Immigration Reform and Job Growth
Legalizing Unauthorized Immigrants Would Boost the U.S. Economy With the U.S. unemployment rate hovering at 10%, some have questioned whether or not now is really the right time for comprehensive immigration reform that includes the creation of a pathway to legal status for unauthorized immigrants already living in the United States. Underlying this uncertainty is the fear that native-born Americans will lose out on scarce jobs if currently unauthorized immigrants acquire legal status—despite the obvious fact that unauthorized immigrants are already here and in the labor force. However, the best available evidence suggests that neither legal nor unauthorized immigration is the cause of high unemployment, and that the higher wages and purchasing power which formerly unauthorized immigrants would enjoy were they to receive legal status would sustain new jobs. Read More

A Framework for Effective Immigration Worksite Employer Enforcement
Immigration enforcement is an extremely important national priority. Effective control of our nation’s borders is essential to our national security. The regulation and control of those who enter the country, along with the prosecution of those who violate immigration laws once they are here, is fundamental to our integrity as a nation of laws. Read More

Papers Please: Eliminating Birthright Citizenship Would Affect Everyone
Attacks on birthright citizenship at the federal and state level are bound to take many forms—from outright repeal of the Fourteenth Amendment to refusal by states to issue birth certificates to children of undocumented immigrants. Whatever the tactic, attacks on birthright citizenship hurt everyone. Read More

Investing in the American DREAM
Each year, tens of thousands of undocumented immigrant students graduate from American high schools and embark on uncertain futures. Their inability to legally work and receive financial aid stalls, detours, and derails their educational and economic trajectories. Most importantly, at any time, they can be deported to countries they barely know. The Development, Relief, and Education for Alien Minors (DREAM) Act is a federal bill aimed at providing immigration relief to these young people. The passage of this bill would grant many undocumented youth access to legal residency and federal financial aid—thus removing legal and economic barriers to higher education and increasing their contributions to America and the likelihood of upward mobility. Read More

Reading the Morton Memo: Federal Priorities and Prosecutorial Discretion
On June 30, 2010, the Deputy Assistant Secretary for Immigration and Customs Enforcement (ICE), John Morton, issued a memo to the agency that reflected the Obama administration’s oft repeated intent to focus removal efforts on serious offenders. Morton noted: In light of the large number of administrative violations the agency is charged with addressing and the limited enforcement resources the agency has available, ICE must prioritize the use of its enforcement personnel, detention space, and removal resources to ensure that the removals the agency does conduct promote the agency's highest enforcement priorities, namely national security, public safety, and border security. Coupled with last year’s announcement that ICE would not engage in the kind of major worksite raids that became common during the Bush administration, the “Morton Memo” potentially marks a new phase in the enforcement of immigration law. Moreover, the memo gives us insight into the Obama administration’s approach to prosecutorial discretion in immigration enforcement. Read More

Non-Citizens with Mental Disabilities
In 2009, Immigration and Customs Enforcement (ICE) detained approximately 380,000 people. Roughly 15 percent of the non-citizen population in detention, or around 57,000 people, have a mental disability. Unfortunately, these mental disabilities often go unrecognized by law enforcement and immigration officials, resulting in less access to justice for the individual and greater confusion and complexity for the attorneys and judges handling the cases. The consequences of immigration enforcement for unauthorized immigrants, long-term permanent residents, asylum-seekers, and other non-citizens with mental disabilities can be severe. Even U.S. citizens have been unlawfully detained and deported because their mental disabilities made it impossible to effectively defend themselves in court. Teasing out the complicated issues of fair treatment for people with mental disabilities caught up in our broken immigration system is not easy, particularly because it must be disentangled from the many challenges facing all immigrants who find themselves in immigration custody or in proceedings before the immigration court. As a report by Human Rights Watch and the American Civil Liberties Union aptly put it: Read More

The DREAM Act: Creating Economic Opportunities
There are an estimated 1.9 million undocumented children and young adults in the United States who might be eligible for legal status under the Development, Relief, and Education for Alien Minors Act (DREAM) Act. For many of these young people, the United States is the only home they know and English is their first language. Each year, tens of thousands of them graduate from primary or secondary school, often at the top of their classes. They have the potential to be future doctors, nurses, teachers, and entrepreneurs, but they experience unique hurdles to achieving success in this country. Through no fault of their own, their lack of status may prevent them from attending college or working legally. The DREAM Act would provide an opportunity for them to live up to their full potential and make greater contributions to the U.S. economy and society. Read More
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