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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 MoreThe 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 MoreU.S. Commerce Secretaries Highlight Economic Benefits of Immigration Reform
As the American economy continues to level out post-recession, some experts are looking at immigration reform as a way to help start new businesses and aid job creation. A recent letter from U.S. Commerce Secretary Gary Locke and former Commerce Secretary Carlos Gutierrez outlined the economic benefits of reforming our immigration system and, consequently, the […]
Read MoreU.S-Mexico Border Residents Not Surprised by Falling Crime Stats
Listening to politicians, one would think that the border is rife with murder, arson, theft, kidnapping, and every other type of violent crime imaginable. Unfortunately, those who spread these images often conflate the violence associated with drugs and arms trafficking with immigration, unfairly painting immigrants as the perpetrators. This image of a violence-ridden, out-of-control border […]
Read MoreDear Mr. Smith, Our Broken Immigration System Requires Solutions that Embrace Discretion, Not Eliminate It
Over the last six months, Congressman Lamar Smith (R-TX), along with other members of the House Judiciary Committee, have engaged in an all-out effort to turn back the clock on our immigration laws through a series of bills that may tackle one issue at a time, but equal a comprehensive overhaul. This week, the restrictionists’ […]
Read MoreHouse Committee Takes Up Bills That Would Indefinitely Detain Immigrants and Eliminate Diversity Visas
In the absence of a federal immigration overhaul, state lawmakers have attempted—many in vain—to address immigration at the state-level. Equally misguided, however, are recent efforts by immigration restrictionist to move anti-immigrant legislation on the federal level. Today, the House Judiciary Committee marked up and passed through committee a bill (and will take up another tomorrow […]
Read MoreThe Cost of Doing Anti-Immigrant Business: Russell Pearce to Face Recall Election
While the authors and proponents of state level anti-immigrant legislation received some measure of notoriety initially, one could also predict that there would be a corresponding price to pay for pursuing such costly and divisive immigration measures. Aside from the immediate lawsuits filed in nearly every state that passed Arizona copycats, there are now additional […]
Read MoreACLU, Civil Rights Groups File Suit Against Alabama’s Immigration Law
More than just stars fell on Alabama last week when civil rights groups filed a class action lawsuit against the state’s restrictive immigration law, HB 56, charging that the law unconstitutionally interferes with federal law and will lead to racial profiling. Filed on Friday, the lawsuit makes Alabama the fifth state (joining Arizona, Utah, Indiana […]
Read MoreOregon Business Community Latest to Join Fight Against National E-Verify Bill
This week, business and agricultural communities across the U.S. continued the fight against mandatory E-verify, an electronic verification system requiring employers to use a federal database to verify the immigration status of employees. Over the weekend, thousands of protestors marched on Georgia’s state capitol to protest HB 87—a bill which contains mandatory E-Verify—adding their voice […]
Read MoreRestrictive Immigration Law Continues to Threaten Georgia’s Farming Industry
Just days after part of Georgia’s immigration law, HB 87, went into effect, farmers in the Peach State are panicking over how they will find enough workers to harvest their crops—some of which are already starting to spoil. Although a federal judge granted a preliminary injunction enjoining two key provisions of HB 87 last month, […]
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