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Lamar Smith’s HALT Act Would Limit Administration’s Ability to Administer Humanitarian Relief

Today, the House Judiciary Subcommittee held a hearing on the “Hinder the Administration’s Legalization Temptation Act” (HALT Act), introduced by House Judiciary Chairman Lamar Smith (R-TX). The bill, which some are calling a political response to recent ICE memos, would suspend the Administration’s ability to exercise certain discretionary forms of immigration protections and relief until […]

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Press Release: Leaders from the Partnership for a New American Economy to Testify During Senate Immigration Hearing

With the Senate Committee on the Judiciary scheduled to hold a hearing on “The Economic Imperative for Enacting Immigration Reform” on Tuesday, July 26, 2011, members of the Partnership for a New American Economy will be among the select business executives and elected leaders testifying on the need for sensible immigration reform to improve the […]

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President Obama Promises to Keep Promising Immigration Reform at Latino Conference

Amid frustrated shouts of “Yes, You Can!” from advocates in the audience, President Obama again deferred the power to fix our broken immigration system to Congress today during a speech at the National Council of La Raza’s (NCLR) annual conference. After highlighting his administration’s bona fides on issues important to the Latino community—appointing Justice Sonia […]

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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.

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The 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.

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U.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 […]

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Prosecutorial Discretion and the Legacy of John Lennon

BY LEON WILDES AND SHOBA SIVAPRASA WADHIA Most remember John Lennon as a former Beatle, a brilliant musician, husband to artist Yoko Ono and target for deportation by the Nixon Administration. Less known is the story of how Lennon’s immigration saga enabled the first public discussion on prosecutorial discretion in immigration law.

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U.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 […]

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Boston Mayor Threatens to Withdraw from ICE’s Secure Communities Program

The saga surrounding ICE’s Secure Communities program continues this month as Boston Mayor Thomas Menino threatened to withdrawal Boston from the federal program unless the agency agreed to target serious criminals only. Not surprisingly, Boston is just the latest in a series of cities and states—including New York, Illinois, Colorado, DC, and parts of California—that […]

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The Case for Discretion and Proportionality in Our Immigration System

Washington D.C. – It has long been the case that those responsible for carrying out and enforcing our nation’s laws do so with a measure of discretion and proportionality. Every day, law enforcement officials and judges exercise discretion in charging and sentencing decisions, weighing differing priorities and social values, and matching punishments with crimes. Consequently, […]

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