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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 MoreWhite House Immigration Blueprint a Starting Point
Speeches, even those delivered by the President of the United States, can be forgotten fairly quickly. Following the El Paso immigration speech from two weeks ago, the White House is attempting to sustain a buzz by sending other members of the President’s cabinet and White House officials out to give speeches and hold roundtables across […]
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 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 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 MoreSenate Judiciary Committee Holds Key Hearing on Challenges Facing Immigration Courts
Washington, D.C.—The American Immigration Council’s Legal Action Center commends Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for convening today’s hearing on “Improving Efficiency and Ensuring Justice in the Immigration Court System.” Immigration courts have long suffered from crushing backlogs that can delay the scheduling of hearings for years at a time. Additionally, […]
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 MoreDHS Extends Temporary Protected Status to Haitians
Washington D.C. – Today, the Department of Homeland Security (DHS) took an important step on behalf of Haitians affected by last year’s devastating earthquake, demonstrating the humanitarian side of its immigration responsibilities. Secretary Janet Napolitano announced that DHS would extend Temporary Protected Status (TPS) for an additional eighteen months for Haitians currently residing in the […]
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