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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 MoreCIS Report Marred by ‘Deception and Disorder’
By Anam Rahman In a report issued earlier today, the restrictionist Center for Immigration Studies (CIS) took aim at problems facing the U.S. immigration court system—a topic worthy of serious discussion. Unfortunately, as with many of CIS’ publications, today’s report combines dramatic rhetoric and unsubstantiated data with ill-conceived solutions. While it is unlikely the report […]
Read MoreCalifornia Sheriff’s Comments Add to Saga Surrounding ICE’s Secure Communities Program
Los Angeles County Sheriff Lee Baca’s recent statements concerning the Secure Communities program is yet another development in what appears to be a saga surrounding ICE’s controversial enforcement program. Earlier this month, Illinois Governor Pat Quinn requested his state’s MOA with ICE be terminated. Advocates in New York have asked that their governor do the […]
Read MoreMore States Toss Costly Immigration Legislation in Final Days of Session
As many state legislative session wrap up for the year, more lawmakers are jumping ship on controversial enforcement measures targeting undocumented immigrants. Whether they are under pressure from business groups, conflicted over the bills’ substance, or realize that these measures will cost their state millions in legal challenges, implementation expenses and tourism revenue, lawmakers are […]
Read MoreImmigration Court Backlog Likely to Get Worse Before It Gets Better
Our nation’s immigration courts are backlogged. Historically backlogged. At the end of last year, more than 260,000 cases remained pending before immigration judges. Across the country, the average wait was nearly sixteen months. In California, thousands of cases have been pending for more than two years. While justice is not always swift, our immigration courts […]
Read MoreDHS Announces Extension and Re-Designation of Temporary Protective Status for Haitians
Today, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the extension and re-designation of Temporary Protective Status (TPS) for Haitians currently in the United States. The extension would allow approximately 48,000 Haitian nationals—whose homeland was devastated by an earthquake in 2010 and is still plagued by disease and instability—to extend their TPS for an […]
Read MoreResearch Shows Immigrant Entrepreneurs Leaving the U.S. to Become Our Competition
Restrictionists often perpetuate the myth that immigrants are not needed in our current economy—that they take jobs and hurt American workers. But research has shown that immigrants not only grow the economy, but help create jobs and are part of the solution to our economic woes. However, while immigrants can create jobs and start new […]
Read MoreGeorgia Gov. Nathan Deal Signs Arizona-Style Enforcement Law
Today, Georgia Governor Nathan Deal signed HB 87—an Arizona-style immigration law which allows police to investigate the immigration status of certain suspects and requires businesses to verify work eligibility of new hires—into law, despite the threat of economic boycotts and negative fiscal impacts. Georgia’s state legislature passed HB 87 last month amid outcries from businesses […]
Read MoreAnother Study Highlights Need for Legal Representation in Immigration Court
Findings released last week by the New York Immigration Representation Study reveal what immigration advocates long have said: whether a person has legal representation is a critical factor in obtaining a favorable result in immigration court. The findings—which are based on a study of individuals apprehended in New York from October 2005 through December 2010—show […]
Read MoreSenator Durbin Re-Introduces DREAM Act on Heels of President’s Immigration Speech
Today, Senators Richard Durbin (D-IL), Harry Reid (D-NV) and Robert Menendez (D-NJ) re-introduced the Development, Relief, and Education for Alien Minors Act, or “DREAM Act,” which would provide a pathway to legal status for the thousands of undocumented students who graduate from high school each year (the companion bill in the House was also introduced […]
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