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New ICE Numbers Reveal Need for Revised Definition of Criminal

A new report by the Transactional Records Access Clearinghouse (TRAC) released last week reveals that Immigration and Customs Enforcement (ICE) is beginning to detain more criminal immigrants as opposed to non-criminal immigrants, which is in line with ICE Assistant Secretary John Morton’s stated goal. The numbers, however, aren’t so black and white when you examine […]

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Report Provides Solutions to Broken Asylum Employment Authorization Clock

Asylum applicants and their attorneys have long struggled to better understand how the employment authorization asylum clock (“EAD asylum clock”) functions. The clock, which measures the number of days after an applicant files an asylum application before the applicant is eligible for work authorization, affects potentially more than 50,000 asylum applicants each year. While the […]

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New ABA Study Documents Serious System-Wide Problems in the Removal Process

For over a year, the American Bar Association’s Commission on Immigration and the law firm of Arnold & Porter LLP engaged in a comprehensive review of the current removal process. The law firm poured over hundreds of articles, reports, legislative materials, and other documents, and interviewed scores of participants in the system, including lawyers, judges, […]

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Napolitano Unveils Enforcement-Heavy Immigration Budget for DHS

The Fiscal Year (FY) 2011 budget request for the Department of Homeland Security (DHS), which Homeland Security Secretary Janet Napolitano unveiled yesterday, exemplifies the enforcement mentality which pervades the federal government’s approach to immigration. The two immigration-enforcement components of DHS—Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)—consume 30% of the department’s total […]

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An Opening for Republicans on Immigration Reform

Immigration and Latino advocates continue to take stock after last week’s State of the Union Address, which some interpreted as the final nail in immigration reform’s coffin for 2010. Predictably, Democratic leadership reasserted their ongoing commitment to immigration reform legislation the day after. Less predictably, however, Senator Schumer’s main Republican partner in the Senate, Lindsay […]

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An Opening for Republicans on Immigration Reform

Immigration and Latino advocates continue to take stock after last week’s State of the Union Address, which some interpreted as the final nail in immigration reform’s coffin for 2010. Predictably, Democratic leadership reasserted their ongoing commitment to immigration reform legislation the day after. Less predictably, however, Senator Schumer’s main Republican partner in the Senate, Lindsay […]

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Immigration Reform to be Discussed in State of the Union Address

Yesterday, White House press secretary Robert Gibbs confirmed that President Obama is likely to address immigration reform—an issue President Obama promised to tackle within his first term—in the State of the Union Address today: “Well, I think one of the things the President will — has talked about and one of the things you’ll hear […]

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Senator Graham Ready to Tackle Tough Issues, Immigration Included

In response to the election of Massachusetts Republican Scott Brown to the U.S. Senate—which many Republicans are spinning as a loss of political momentum for President Obama and as a victory over health care reform—South Carolina Republican Senator Lindsey Graham today expressed a willingness to tackle tough issues, including immigration. In a Congress Daily article […]

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Granting Refuge: Temporary Protected Status (TPS) for Haitians in the United States

Following the devastating earthquake which struck Haiti on January 12, Homeland Security Secretary Janet Napolitano on January 15 announced “the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010.” The “designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months.” This means that the 100,000-200,000 Haitian immigrants whom the Department of Homeland Security (DHS) estimates are now in the United States on a temporary basis or without authorization will not be subject to removal as long as there is no functioning country to which they can return, and provided that they do not have criminal records. However, Haitian nationals who qualify for TPS are not receiving permanent residence in the United States or an “amnesty” if they were unauthorized. There are currently 535,000 Haitian immigrants in the United States, with most living in Miami and New York, as well as Boston, Orlando, and Atlanta.

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Secretary Napolitano Announces Temporary Protective Status for Unauthorized Haitians

Today, Department of Homeland Security Secretary Napolitano announced the designation of Temporary Protective Status (TPS) for eligible nationals of Haiti, whose homeland was devastated by an earthquake earlier this week. According to Secretary Napolitano, as of January 12, 2010, the estimated 100,000 to 200,000 unauthorized Haitians currently in the U.S. will be granted TPS, which […]

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