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New Census Data Suggest Nativists May Be Headed for Extinction

Newly released data from the 2010 Census reveal the rapid growth of something that is anathema to the nativist agenda: ethnic diversity. The data, analyzed in reports from the U.S. Census Bureau and the Pew Hispanic Center, show that the numbers of Hispanics and Asians in the United States are rising fast. This does not […]

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Tide Turning Against Authors of Restrictive Immigration Measures

Over the last few weeks, the media has slowly picked up on the tepid response state legislatures have given to copycat immigration enforcement measures, noting the gradual cooling of enthusiasm and support for these highly divisive measures. Lawmakers, under pressure from business groups, have already shot down enforcement measures in Arizona, Colorado, Iowa, Kentucky, Nebraska, […]

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Constitutional Citizenship: A Legislative History

Attacks against the Citizenship Clause of the 14th Amendment have picked up in recent months, with legislators at both the national and state levels introducing bills that would deny U.S. citizenship or “state citizenship” to the children born to unauthorized immigrants in the U.S.
There are two strands of attacks on birthright citizenship. One strand arises out of simple nativist anger at the impact of immigrants, legal or otherwise, on society. The other argues that the current interpretation of the Citizenship Clause as covering the children of “illegal” immigrants is inconsistent with the “original intent” of the Framers of the 14th Amendment. Originalism is often used as a method to clarify unclear portions of constitutional text or to fill contextual gaps in the document. This is not, however, how originalism is being used in the context to the Citizenship Clause. Here, originalists use clever arguments and partial quotations to eradicate the actual text of the Amendment. In essence, they claim the Framers did not really mean what they said.

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Access to Counsel Before ICE

The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to compel the release of records relating to noncitizens’ access to counsel.

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Immigrant Entrepreneurs May Speed Up Our Economic Recovery

As America’s economic recovery continues to be a national priority, leaders on both sides of the aisle are finally beginning to look at reforming our nation’s immigration system as a strategy for promoting job creating and growth. President Obama commented in his State of the Union Address that instead of expelling immigrants, we should make […]

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Businesses Warn State Lawmakers That Immigration Legislation Will Break the Bank

As many state legislative sessions come to a close, lawmakers are giving serious thought about proceeding with restrictive immigration legislation. Legislators in some states (Colorado, Iowa, Kentucky, Nebraska, New Hampshire, South Dakota, Virginia, Wyoming, and most recently, Arizona) have canned restrictive enforcement legislation due to prohibitive costs and push back from business and community groups […]

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Foreign-Born to Help Fill Gap in U.S. Doctors

While Americans are justifiably worried about high unemployment levels and the “jobless recovery,” Reps. Lamar Smith, Steve King, and Elton Gallegly are attempting to use America’s concerns as an opportunity to pass more restrictive immigration policies. In fact, immigration restrictionists across the country have taken advantage of the poor economy to push their anti-immigrant agenda. […]

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Report on Birthright Citizenship Low on Facts, High on Fantasy

Sometimes it’s easy to miss the most outlandish and unrealistic statements made in the immigration debate given the level of dialed up rhetoric. A recent report from the Center for Immigration Studies (CIS), however, appears to have been written to test just how far into the realm of fantasy the debate can be taken. In […]

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New Report Profiles Rising Stars in Anti-Immigrant Movement

State Legislators for Legal Immigration (SLLI) ringleader, state Rep. Daryl Metcalfe (R-PA). Photo by SLLI. Last week, the Southern Poverty Law Center (SPLC) released a new report, “Attacking the Constitution: State Legislators for Legal Immigration (SLLI) and the Anti-Immigrant Movement,” which examines a dozen leading members of SLLI. The report also links SLLI (and state […]

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States Legislators Attempt to Reframe Enforcement-Only Approach to Immigration

Heading into legislative sessions this year, many state lawmakers seemed to be on a collision course with enforcement-only immigration proposals. This week, however, legislators in Utah at least attempted to look beyond the narrow scope of enforcement to proposals that aimed at a more balanced immigration debate. States like Nebraska and Kentucky also attempted to […]

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