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Pending a Resolution of DOMA, Immigration Judges Should Exercise Discretion to Stay Removal Cases
BY BETH WERLIN AND VICTORIA NEILSON To date, five states plus the District of Columbia celebrate marriages of gay and lesbian couples and several other states honor such marriages. In addition, five countries, including Canada, permit marriages of gay and lesbian couples and at least fourteen additional countries recognize same-sex relationships for immigration purposes. Yet, […]
Read MorePending a Resolution of DOMA, Immigration Judges Should Exercise Discretion to Stay Removal Cases
BY BETH WERLIN AND VICTORIA NEILSON To date, five states plus the District of Columbia celebrate marriages of gay and lesbian couples and several other states honor such marriages. In addition, five countries, including Canada, permit marriages of gay and lesbian couples and at least fourteen additional countries recognize same-sex relationships for immigration purposes. Yet, […]
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 MoreAlabama Passes “Get Tough” Immigration Enforcement Law
Like Arizona, Utah and Georgia before it, Alabama became the fourth state to pass Arizona-style immigration enforcement legislation—legislation that in some aspects goes beyond Arizona’s immigration law. Last week, Alabama’s Republican-controlled House and Senate passed HB 56, a bill which, among other things, authorizes local police to inquire about the immigration status of anyone they […]
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 MoreNew York Looking to End Participation in Secure Communities Program
Yesterday, New York Governor Andrew Cuomo suspended his state’s participation in the Secure Communities program. In a letter to DHS, Gov. Cuomo wrote that the Secure Communities program is “having the opposite effect” of its intended purpose to target those who pose the “greatest threat” to the community and furthermore, compromises public safety “by […]
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 MoreSenators Introduce Military Families Act
The week before the Memorial Day holiday, several senators honored U.S. military families caught up in our broken immigration system by introducing The Military Families Act. Senators Robert Menendez (D-NJ), Harry Reid (D-NV), Richard Durbin (D-IL), Charles Schumer (D-NY), Patrick Leahy (D-VT), Daniel Akaka (D-HI), Michael Bennet (D-CO), and Kirsten Gillibrand (D-NY) introduced the bill.
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 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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