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Legal Action Center Pursues Campaign to Protect Judicial Review

Washington D.C. – In a continuing effort to protect the right to judicial review and promote greater federal court oversight of immigration decisions, the American Immigration Council’s Legal Action Center (LAC) recently submitted an amicus brief in another case involving a sua sponte motion to reopen. A three-judge panel in this case, Salado-Alva v. Holder, […]

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The U.S. Economy Still Needs Highly Skilled Foreign Workers

It might seem that persistently high unemployment rates over the past few years have rendered moot the debate over whether or not the United States really “needs” the highly skilled foreign workers who come here on H-1B temporary visas. But the demand for H-1B workers still far outstrips the current cap of only 65,000 new H-1B visas that can be issued each year. In fact, from fiscal year 1997 to 2011, employers exhausted this quota before the fiscal year was over (except from 2001 to 2003, when the ceiling was temporarily increased). As a number of studies make clear, the presence in a company of highly skilled foreign workers whose abilities and talents complement those of native-born workers actually creates new employment opportunities for American workers. Yet the arbitrary numerical limits placed on H-1Bs are incapable of responding to the changing demand for H-1B workers. This is unfortunate, given that the international competitiveness of the U.S. economy will continue to depend heavily on the contributions of H-1B professionals and other high-skilled workers from abroad for many decades to come.

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New Census Data Suggest Nativists May Be Headed for Extinction

Newly released data from the 2010 Census reveal the rapid growth of something that is anathema to the nativist agenda: ethnic diversity. The data, analyzed in reports from the U.S. Census Bureau and the Pew Hispanic Center, show that the numbers of Hispanics and Asians in the United States are rising fast. This does not […]

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Statistical Hot Air: FAIR’s USA Report Lacks Credibility

Many politicians who champion the deport-them-all approach to unauthorized immigrants have been relying upon a bloated and deeply distorted report issued by the Federation for American Immigration Reform (FAIR) in July 2010. That report, The Fiscal Burden of Illegal Immigration on United States Taxpayers, is not a credible source of data, yet its numbers have been cited repeatedly in this year’s debates over immigration legislation in the states. The report relies upon flawed and empirically baseless assumptions to inflate its estimate of the costs which unauthorized immigrants impose on federal, state, and local governments. Much of what FAIR counts as the cost of unauthorized immigration is actually the cost of education and healthcare for U.S.-citizen children. In fact, over half of FAIR’s cost estimate consists of educational and healthcare expenditures for the children of unauthorized immigrants, of whom nearly three-quarters are native-born U.S. citizens. These native-born children are counted as a “cost” of illegal immigration if they are under 18, but as U.S. citizens if they are working, taxpaying adults. In its rush to place a price tag on unauthorized immigrants, FAIR is unable to see that investing in children today pays off economically tomorrow. FAIR also neglects to mention the enormous fiscal and economic costs that would be incurred by attempting to remove unauthorized immigrants from the United States. As the negative impact of anti-immigrant legislation on the fiscal bottom-line becomes more apparent, many taxpayers may begin to see that the “costs” cited by FAIR do not tell the whole story.

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Tide Turning Against Authors of Restrictive Immigration Measures

Over the last few weeks, the media has slowly picked up on the tepid response state legislatures have given to copycat immigration enforcement measures, noting the gradual cooling of enthusiasm and support for these highly divisive measures. Lawmakers, under pressure from business groups, have already shot down enforcement measures in Arizona, Colorado, Iowa, Kentucky, Nebraska, […]

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Constitutional Citizenship: A Legislative History

Attacks against the Citizenship Clause of the 14th Amendment have picked up in recent months, with legislators at both the national and state levels introducing bills that would deny U.S. citizenship or “state citizenship” to the children born to unauthorized immigrants in the U.S.
There are two strands of attacks on birthright citizenship. One strand arises out of simple nativist anger at the impact of immigrants, legal or otherwise, on society. The other argues that the current interpretation of the Citizenship Clause as covering the children of “illegal” immigrants is inconsistent with the “original intent” of the Framers of the 14th Amendment. Originalism is often used as a method to clarify unclear portions of constitutional text or to fill contextual gaps in the document. This is not, however, how originalism is being used in the context to the Citizenship Clause. Here, originalists use clever arguments and partial quotations to eradicate the actual text of the Amendment. In essence, they claim the Framers did not really mean what they said.

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State Legislators Continue to Throw Restrictive Immigration Measures Overboard

Throughout the months-long debate over restrictive immigration measures, many state lawmakers have considered the fiscal and political impacts and decided to throw them overboard. This week was no different as opposition to costly enforcement legislation continued. A tough immigration bill was likely killed in Kansas this week after the House refused to move the bill […]

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New Report Highlights Economic Destructiveness of S.B. 1070-Style Laws

The fans of anti-immigrant laws such as Arizona’s infamous SB 1070 often claim that they are trying to save the jobs and tax dollars of average, hard-working Americans. However, as a new report from the Center for American Progress (CAP) and the IPC makes clear, this is a claim without credibility. The report, entitled A […]

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A Rising Tide or a Shrinking Pie

Washington, D.C. – As Arizona approaches the one-year anniversary of the passage of SB 1070, the Immigration Policy Center and Center for American Progress release a new report, A Rising Tide or a Shrinking Pie: The Economic Impact of Legalization Versus Deportation in Arizona, by Raúl Hinojosa-Ojeda and Marshall Fitz, which examines two very different […]

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New “E-Verify Self Check” Pilot Program is Not a Cure-All

BY TYLER MORAN, NATIONAL IMMIGRATION LAW CENTER E-Verify has a problem: Washington politicians want to force American employers to use the electronic employment verification system, but the system is still not ready for prime time. On Monday, the Department of Homeland Security (DHS) took a step toward remedying the database error rates by announcing E-Verify […]

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