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Alabama Governor Signs Costly Immigration Bill, ACLU to File Suit
Yesterday, Alabama Governor Robert Bentley signed a restrictive immigration bill (HB 56) into law, making Alabama the fourth state to sign “get tough” Arizona-style immigration legislation. Among the restrictive provisions, HB 56 requires local law enforcement, in some instances, to verify the immigration status of those stopped for traffic violations, public schools to determine the […]
Read MoreMore Immigrants are Educated, Skilled Than Ever Before, Report Finds
A new report released by the Brookings Institution dispels the myth that all immigrants are unskilled, uneducated, and illegal. The report, entitled The Geography of Immigrant Skills: Educational Profiles of Metropolitan Areas, finds that the share of working-age immigrants in the United States who have at least a bachelor’s degree is greater than the share […]
Read MoreMore States Question Participation in ICE’s Secure Communities Program
Earlier this week, Massachusetts Governor Deval Patrick announced that the state of Massachusetts would not sign an agreement with the Department of Homeland Security to participate in the Secure Communities program, making it the third state in recent weeks to question participation in the controversial enforcement program. That chorus of concern, however, grew louder […]
Read MoreStates that Passed Arizona-style Immigration Laws Now Face Costly, Uphill Legal Battles
Despite repeated warnings from business groups, tourism and industry boards and advocates about the hefty price tag attached to Arizona-style legislation, state lawmakers continued to push “get tough” copycat proposals. Many ultimately rejected SB1070-style legislation (26, to date) due to high costs and political backlash, while others severely watered down, altered or put on hold […]
Read MoreHill Update: House Considers Immigration Amendments in Appropriations Bill
This week, the House of Representatives is considering the Homeland Security Appropriations Bill, H.R 2017—which is, of course, a golden opportunity for lawmakers to attempt to tack on immigration amendments. As of today, 19 immigration and border related amendments were filed. The House agreed to eight of the amendments and rejected two.
Read MoreControversy Over Deportation of Haitians Continues
BY ROYCE BERNSTEIN MURRAY, ESQ. Last week, CBS refused to display an advertisement on its Jumbotron in Times Square denouncing the deportation of Haitians because it was too controversial. Deportations to a cholera-plagued and earthquake-devastated country should be controversial, especially in light of DHS’s recent announcement that it would extend Temporary Protected Status (TPS) for […]
Read MoreAdministration Uses Executive Authority to Keep Educated Grads in U.S. Longer
By H. BOB SAKANIWA, AMERICAN IMMIGRATION LAWYER’S ASSOCIATION As President Obama indicated in an immigration speech in El Paso, Texas, earlier this month, in a global marketplace, the United States needs the best and brightest to stay in our country to work, innovate and help create jobs for the benefit of all Americans. Well-educated, foreign-born […]
Read MoreSCOTUS E-Verify Ruling No Bellwether for Fate of SB1070
By Mary Giovagnoli and Melissa Crow Today’s Supreme Court decision upholding Arizona’s law requiring employers to use E-verify or risk losing their business licenses will, like all Supreme Court decisions, take some time to digest. What’s surprising, however, is how quickly some are already jumping to the conclusion that today’s decision signals how the Supreme […]
Read MoreDeportation in the Time of Cholera: DHS’s Mixed Response to Haiti’s Earthquake
The dramatic announcement on May 17, 2011 that the Department of Homeland Security (DHS) would extend Temporary Protected Status (TPS) for another eighteen months to Haitians, including those who entered the country no later than January 12, 2011, is a welcome step forward in the saga of the Haitian earthquake. The decision to extend and redesignate Haiti for TPS has been a long time coming and reflects more than a year of solid effort on the part of advocates and the Haitian community. In many ways, DHS’s handling of the devastating January 2010 earthquake in Haiti is emblematic of the triumphs and tribulations discussed in a recent report issued by the Immigration Policy Center, Second Annual DHS Progress Report: An Analysis of Immigration Policy in the Second Year of the Obama Administration. This critique found that the immigration agencies appear to be tackling issues affecting Haitians independently, failing to coordinate their enforcement and benefits-oriented policies. At times, critical information was disseminated in a limited and ad hoc fashion, generating confusion and unease about DHS policies. Observers have been left questioning how DHS’s priorities are ordered and whether they are integrated at the department level. DHS’s latest actions offer hope that a more coordinated, thoughtful, and humanitarian approach will prevail.
Read MoreUnderstanding 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.
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