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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 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 MoreObama Administration Seeks Balance Between Labor and Immigration Law Enforcement
Last week President Obama issued a blueprint for a twenty-first century immigration policy that highlighted, among other things, the need to promote accountability for employers who deliberately hire and exploit undocumented workers. The Administration’s recommendations for achieving this goal include a better employment verification system, more comprehensive anti-retaliation protections for workers, and a legalization program […]
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 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 MoreHow U.S. Integration Policies Stack up Against Other Countries
Today, immigration policy analysts discussed the Migrant Integration Policy Index (MIPEX)—a survey which measures the immigration and integration policies of 31 nations—as well as the survey’s implications for integration policy in the U.S. Overall, the U.S ranked 9th out of the 31 countries surveyed, but first in terms of its strong anti-discrimination laws and protections. […]
Read MoreMore States Voice Disapproval Over ICE’s Secure Communities Program
The national debate over ICE’s Secure Communities program has recently picked up more steam as several states’ have very publicly voiced disapproval. The program, which shares the fingerprints of individuals booked into jails with federal immigration databases, has been widely criticized for failing to target serious criminals, for increasing the potential for racial profiling, and […]
Read MorePress Release: Utah Leaders Support Smart Immigration Reform
Utah Attorney General Mark Shurtleff, Utah Rep. Brad Daw (R-Orem), Partnership for a New American Economy representatives, and 60 business leaders and politicians discuss how to harness the job-creating power of immigrants at two events hosted by Partnership for a New American Economy members Lane Beattie, CEO of the Salt Lake City Chamber of Commerce, […]
Read MoreACLU Files Lawsuit Against Utah’s Immigration Enforcement Law
Today, the American Civil Liberties Union (ACLU), National Immigration Law Center (NILC), and the law firm of Munger, Tolles & Olsen filed a class action lawsuit against Utah’s HB 497— an SB1070-inspired immigration-enforcement bill. Last March, Utah passed three distinct immigration bills that collectively were designed to go beyond the enforcement-only approach of Arizona’s SB1070 […]
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