Legislation
A Bipartisan Bridge to Prosperity: High-Skilled Immigration Legislation in the 113th Congress
In the spirit of bipartisan immigration reform, a geographically diverse contingent from both chambers of Congress have introduced legislation to strengthen high-skilled immigration and spur economic growth by recruiting and retaining entrepreneurial talent. Research is clear that high-skilled immigrants and immigrant entrepreneurs are a source of strength for America’s economy and innovative competitiveness. Currently, the most common routes for high-skilled immigrants and immigrant entrepreneurs to come to the U.S. include: H-1B visas for “specialty occupations” (which most commonly refers to occupations requiring “the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree”), L-1 visas for “intracompany transferees,” O-1A visas for individuals with “sustained national or international acclaim” in the sciences, arts, education, business, or athletics, and E-2 visas for treaty investors, which are available to citizens of countries with treaties of commerce and navigation with the U.S. The three new pieces of legislation include the Immigration Innovation Act of 2013, the StartUp Visa Act of 2013, and the Startup Act 3.0. Immigration Innovation Act of 2013 Read More
A Comparison of the DREAM Act and Other Proposals for Undocumented Youth
Each year, approximately 65,000 undocumented students graduate from American high schools. While many hope to pursue higher education, join the military, or enter the workforce, their lack of legal status places those dreams in jeopardy and exposes them to deportation. Over the last decade, there has been growing bipartisan consensus that Congress should provide legal immigration status for young adults who came to the country as children and graduated from American high schools. Read More
Bad for Business: How Alabama’s Anti-Immigrant Law Stifles State Economy
Although key provisions of Alabama’s HB 56 are on hold while its constitutionality is being tested in the courts, evidence is mounting of the growing fiscal and economic impact of the new law. State economic experts and business leaders agree that the law has already caused hardship for Alabama’s businesses and citizens. Read More
Checklist for Estimating the Costs of SB 1070-Style Legislation
(Updated November 2011) - Arizona’s infamous anti-immigrant law, SB 1070, has spawned many imitators. In a growing number of state houses around the country, bills have been passed or introduced which—like SB 1070—create new state immigration crimes and expand the power of police to enforce immigration laws. Some state laws would make E-Verify mandatory for all businesses, require schools to check students’ immigration status, or make it a crime to “harbor or transport” unauthorized immigrants. State legislators who are thinking of jumping on the immigration enforcement bandwagon, however, would be wise to consider the costs of such legislation. State immigration enforcement laws impose unfunded mandates on the police, jails, and courts; drive away workers, taxpayers, and consumers upon whom the state economy depends; and invite costly lawsuits and tourist boycotts. These are economic consequences which few states can afford at a time of gaping budget deficits. Read More
Using All the Tools in the Toolbox
While it is true that Congress makes the laws and the President executes them, it is also true that the President, the Cabinet, and a host of regulatory agencies spend countless hours interpreting and implementing the laws. Congress can never foresee all of the myriad details that must be worked out to actually turn a law into a functioning process. It falls to the executive branch to carry out that work through the regulatory process—the system of rulemaking and public comment that generally takes place after a law is enacted. However, it is often the case that Members of Congress do not agree with how the executive branch has interpreted and implemented a law. Disputes of this nature can quickly escalate from simple disagreement to frenzied hyperbole. Consider the over-the-top political rhetoric which has characterized much of the immigration debate for many years, with any act of generosity towards an immigrant quickly labeled “amnesty” by some lawmakers. Such rhetoric quickly turns into a pitched battle between Congress, as the maker of the law, and the Administration, as implementer of the law. Read More
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
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
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
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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