Immigration Reform
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
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
Legal Experts Weigh in on Executive Branch Authority
President Obama’s insistence that his “hands are tied” by Congressional inaction on immigration has raised questions about how much executive power the President has when it comes to immigration. To this end, top immigration law experts, including former counsels to the agencies that manage immigration, have drafted a legal memo outlining the scope of executive branch authority and examples of its use in the immigration context. 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
Q&A Guide to Arizona’s Immigration Law
One year after the passage of Arizona’s tough new immigration law (SB1070), both opponents and proponents are attempting to assess the impact the new law may have on residents of Arizona—citizens and immigrants alike. A federal district court ruling preliminarily enjoined large parts of the controversial law, meaning that those portions of the new law cannot be implemented, and the Ninth Circuit Court of Appeals upheld the preliminary injunction. Other lawsuits have been filed challenging the constitutionality of the law and have yet to be ruled on, opponents have mounted boycotts, and numerous polls show that a majority of the public both supports the Arizona law and comprehensive immigration reform. Furthermore, despite criticism of SB1070 from Republicans, Democrats, police officials, religious leaders, and civil-rights leaders, legislators in many states have introduced or are considering introducing similar legislation. Read More
Statistical Hot Air: FAIR’s USA Report Lacks Credibility
Many politicians who champion the deport-them-all approach to unauthorized immigrants have been relying upon a bloated and deeply distorted report issued by the Federation for American Immigration Reform (FAIR) in July 2010. That report, The Fiscal Burden of Illegal Immigration on United States Taxpayers, is not a credible source of data, yet its numbers have been cited repeatedly in this year’s debates over immigration legislation in the states. The report relies upon flawed and empirically baseless assumptions to inflate its estimate of the costs which unauthorized immigrants impose on federal, state, and local governments. Much of what FAIR counts as the cost of unauthorized immigration is actually the cost of education and healthcare for U.S.-citizen children. In fact, over half of FAIR’s cost estimate consists of educational and healthcare expenditures for the children of unauthorized immigrants, of whom nearly three-quarters are native-born U.S. citizens. These native-born children are counted as a “cost” of illegal immigration if they are under 18, but as U.S. citizens if they are working, taxpaying adults. In its rush to place a price tag on unauthorized immigrants, FAIR is unable to see that investing in children today pays off economically tomorrow. FAIR also neglects to mention the enormous fiscal and economic costs that would be incurred by attempting to remove unauthorized immigrants from the United States. As the negative impact of anti-immigrant legislation on the fiscal bottom-line becomes more apparent, many taxpayers may begin to see that the “costs” cited by FAIR do not tell the whole story. Read More
The Racial Blame Game
Immigrants Are Not the Cause of High Unemployment and Low Wages Among Minority Workers Some observers have suggested that immigrants are to blame for the high unemployment rates and low wages experienced by so many minority workers in the United States. However, the best available evidence suggests that immigration is not the cause of dismal employment prospects for American minorities. For instance, cities experiencing the highest levels of immigration tend to have relatively low or average unemployment rates for African Americans. This should come as no surprise; immigrants go where jobs are more plentiful. The grim job market which confronts many minority workers is the product of numerous economic and social factors: the decline of factory employment, the deindustrialization of inner cities, racial discrimination, etc. Immigration plays a very small role. However, that role is generally positive. Immigrant workers, consumers, and entrepreneurs help to create jobs and give a slight boost to the wages of the vast majority of native-born workers. Some unscrupulous employers do exploit undocumented immigrants to the detriment of wages and working conditions for both native-born workers and legal immigrants. But the most practical solution to this problem is an earned legalization program for undocumented immigrants and stronger worksite enforcement of wage and labor laws. Immigrants are not the cause of minority unemployment. 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 Plea from America’s Scholars
It Is Time For Congress To Take Action And Reform Our Nation’s Immigration Laws: A Plea From America’s Scholars 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
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