Special Report
Back to the Future: The Impact of Legalization Then and Now
While there are many facets to an intelligent immigration reform package, one thing is clear: legalization for undocumented immigrants helps all of us. Most economists recognize that legalization has worked in the past. After a significant percentage of the undocumented population legalized under the Immigration Reform and Control Act of 1986 (IRCA), information on IRCA applicants was used to assess the legislation’s impact. My own research has shown that IRCA provided immediate direct benefits by successfully turning formerly clandestine workers into higher-paid employees. Other researchers have shown that IRCA provided unexpected indirect benefits to the communities where legalized immigrants resided. After legalization, fewer of these immigrants sent money back to their home countries, and those who sent back money sent back less. More of their earnings were spent in their communities in the United States. Research also showed that the legalized population became participating community members—nearly two out of five people who legalized under IRCA were U.S. citizens by 2001. What we learned from IRCA gives us a bird’s eye view into what we can expect to happen with a new legalization program. By examining three areas of concern: work, family, and community, we can see what economic and social benefits would be derived from a legalization program in 2013. By Sherrie A. Kossoudji, Ph.D. Read More
Border Patrol Agents as Interpreters Along the Northern Border: Unwise Policy, Illegal Practice
Advocates along the Northern Border report a recent, sharp increase in the use of U.S. Border Patrol (USBP) agents to provide interpretation services to state and local law enforcement officers and emergency responders. This most often occurs when an officer or responder encounters an individual who does not speak English and proactively reaches out to USBP for assistance. But it has also occurred when USBP agents respond to an incident report in lieu of, or in addition to, local law enforcement officers. In other cases, USBP agents have reportedly begun responding to 911 emergency assistance calls, especially if the caller is known or perceived not to speak English. Much of this activity appears to have been precipitated by the fact that the U.S.-Canada border has undergone a dramatic transformation, including an influx of newly assigned USBP agents.Immigrants, their advocates, and community members are reporting—and official statistics confirm—that there are simply too many USBP agents on the ground, apparently with too much time on their hands, who lack adherence to stated priorities.This special report by Lisa Graybill for the Immigration Policy Center lays out the problems with border patrol agents serving as translators and make recommendations intended to promote Title VI compliance, maintain the integrity of the USBP mission on the Northern Border, and protect the rights of immigrants and their families who call the Northern Border home. Listen to the teleconference. Read More
Falling through the Cracks
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases, the subject of immigrants without legal representation and their ability to access this discretion remains unresolved. In 2011, nearly half of all immigrants in removal proceedings appeared “pro se,” or without legal representation. While immigration attorneys can explain the effect of these policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Immigrant advocates have thus been rightly concerned about whether pro se immigrants in removal proceedings will benefit from Immigration and Customs Enforcement’s (ICE) prosecutorial discretion policies. This paper lays out what immigration authorities can do to ensure that pro se immigrants understand what prosecutorial discretion is, how they can seek it, and what they should do after receiving (or not receiving) an offer of it. Read More
Prosecutorial Discretion in Context: How Discretion is Exercised Throughout Our Immigration System
Discretion takes many forms throughout the immigration enforcement process. Every removal of a noncitizen from the United States, for example, reflects a series of complex choices which reflect discretion. To understand the role of discretion fully, however, we need to examine the entire range of opportunities to exercise discretion in immigration enforcement and the cast of decision makers who make discretionary decisions, such as members of Congress who enact laws, Department of Homeland Security (DHS) officers who make arrests, Immigration and Customs Enforcement (ICE) trial attorneys who represent the government in removal proceedings, and immigration judges who preside over those proceedings. This Special Report traces the role of discretion throughout the immigration enforcement process. Understanding these roles is important not only in individual cases, but also in how policymakers write regulations and draft laws. Knowing how the enforcement system anticipates and incorporates discretion is key to understanding how our immigration laws work. Listen to Hiroshi Motomura discuss this report. Read More
Proportionality in Immigration Law: Does the Punishment Fit the Crime in Immigration Court?
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation pursuant to diverse constitutional provisions is well-established in numerous areas of criminal and civil law, in the United States and abroad. Immigration law, however, which is formally termed “civil” but is functionally quasi-criminal, has not previously been subject to judicial or administrative review for conformity to constitutional proportionality principles. Yet it is undisputed that the Due Process Clause—one of the sources of the proportionality principle in American law—applies to immigration proceedings. This Perpsectives suggests that understanding the use of proportionality in criminal and civil law offers immigration practitioners a new way to challenge the status quo, particularly in cases where the underlying basis for the removal order and the resulting consequences of removal are so disparate. Applying established proportionality principles, attorneys and policymakers can both argue for a more sane and balanced approach to immigration enforcement, one that measures the relative nature of an immigration offense against the severity of the current removal system, while securing judicial review of individual removal orders for consistency with constitutional proportionality requirements. Listen to Michael Wishnie discuss this paper: Read More
Latinos in North Carolina: A Growing Part of the State’s Economic and Social Landscape
North Carolina has become a hub of Latino migration to the South. While many think this migration came suddenly, North Carolina has, in fact, been welcoming and integrating Mexican and other Latino migrants for generations. Over the last three decades, the Latino population in North Carolina grew from less than a half percent of the total population to 8.4 percent—more than 800,000 people. North Carolina, which now has more agricultural guest workers than any other state in the nation, has contributed to a quickly growing national population of 50 million Latinos, now the largest minority group in the country. But much is at stake for Latinos, native and newly arrived, as the state and region experience demographic transformation. The polarized nature of the current immigration debate has made the steady growth of Latinos in North Carolina more noticeable and more politically charged. The role of Latinos in North Carolina, however—as workers and residents—is an important and over-looked story of how North Carolina continues to grow and evolve in a changing economy and world. Read More
The Politics of Skill: Rethinking the Value of “Low-Skilled” Immigrant Workers
The political discourse surrounding the incorporation of immigrants into the U.S. labor market tends to sort immigrant workers into two broad and mutually exclusive categories: high-skilled workers who are valued by many for their contribution to economic growth, and low-skilled workers who are viewed by some as causing a glut in the U.S. labor market and thereby displacing low and middle-income native-born workers. For the most part, these categories are structured around formal education. Workers possessing a level of formal education equal or superior to the median in the United States are on one side of this divide, while workers with less formal education than that threshold are on the other. Most current proposals favor expanding immigration opportunities for those immigrants with high levels of formal education. Read More
Q&A Guide to State Immigration Laws
What You Need to Know if Your State is Considering Anti-immigrant Legislation Updated 2012 - In April 2010, Arizona governor Jan Brewer signed the “Support Our Law Enforcement and Safe Neighborhoods Act,” or, as it is commonly known, SB1070. At the time of its passage, Arizona’s immigration law surpassed all previous state immigration-control efforts. While much of the law has been enjoined by the courts, its passage inspired legislators in other states to pass similar legislation. Since SB1070 passed, 36 other states have attempted to pass harsh immigration-control laws. Of those, 31 states have rejected or refused to advance their bills. However, five states—Utah, Indiana, South Carolina, Georgia, and Alabama—have passed laws that mirror or go beyond the Arizona law. It is likely that additional states will attempt to pass similar anti-immigrant legislation during the 2012 legislative session. SB1070 and other immigration-related state legislation represent, among other things, a growing frustration with our broken immigration system. The courts will decide the constitutionality of the various laws, and time will answer many questions about their impact. In the short term, much evidence suggests that an enforcement-only strategy—whether attempted at the federal or state level—will not solve the root causes of unauthorized immigration. Read More
Discrediting “Self Deportation” as Immigration Policy
By Michele Waslin The day that Alabama’s draconian anti-immigrant law went into effect in October of 2011, thousands of school children were reported absent from schools across the state, and workers did not show up for their jobs. In recent months, many immigrants living in the state have confined themselves to their homes, fearful of driving their kids to school, getting groceries, or seeking medical attention. The Alabama State Representative behind the law, Mickey Hammon, explicitly stated that this was the law’s intended effect. He said that the law, HB56, “attacks every aspect of an illegal alien’s life” and “is designed to make it difficult for them to live here so they will deport themselves.” Alabama provides a sterling example of the devastating impact of a strategic and systematic plan being promoted by anti-immigrant groups and lawmakers who have jumped on the bandwagon. The plan is called “attrition through enforcement” (sometimes called “self deportation”) and the groups behind it have created a web of federal and state legislative proposals that seek to reduce illegal immigration by making it difficult, if not impossible, for unauthorized immigrants to live in American society. While individual proposals may appear to be relatively benign, they are part of a larger systematic plan that undermines basic human rights, devastates local economies, and places unnecessary burdens on U.S. citizens and lawful immigrants. Read More
Immigrant Entrepreneurs: Creating Jobs and Strengthening the Economy
There is widespread agreement across a number of key economic planning groups that immigrant entrepreneurs create jobs and strengthen the economy. Yet, the U.S. immigration system often forces out immigrant entrepreneurs, driving them to other countries that are competing for international talent. Although many people recognize the giants of immigrant entrepreneurship, such as Sergey Brin of Google and Pierre Omidyar of eBay, thousands of other science and technology businesses are quietly making a difference by creating almost half a million jobs for Americans and generating revenue of more than $50 billion. The depth and breadth of immigrant entrepreneurs extend across the spectrum of enterprises, including neighborhood, growth, and transnational businesses. Expansion of employment-based visas would allow companies’ access to high-potential foreign individuals who are graduates of U.S. universities. Businesses, cities, and states across the country should support changes in visa policy and work to develop partnerships with immigrant entrepreneurs to create jobs and strengthen the economy. The report features profiles of immigrant entrepreneurs and shines a light on some of the difficulties they face. Current immigration laws make it difficult for many immigrant entrepreneurs to contribute to the nation’s growth. The report contains administrative and legislative proposals that taken together could create an atmosphere that fosters growth. Read More
Make a contribution
Make a direct impact on the lives of immigrants.
