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Dear Mr. Smith, Our Broken Immigration System Requires Solutions that Embrace Discretion, Not Eliminate It

Over the last six months, Congressman Lamar Smith (R-TX), along with other members of the House Judiciary Committee, have engaged in an all-out effort to turn back the clock on our immigration laws through a series of bills that may tackle one issue at a time, but equal a comprehensive overhaul. This week, the restrictionists’ […]

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House Committee Takes Up Bills That Would Indefinitely Detain Immigrants and Eliminate Diversity Visas

In the absence of a federal immigration overhaul, state lawmakers have attempted—many in vain—to address immigration at the state-level. Equally misguided, however, are recent efforts by immigration restrictionist to move anti-immigrant legislation on the federal level. Today, the House Judiciary Committee marked up and passed through committee a bill (and will take up another tomorrow […]

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The Cost of Doing Anti-Immigrant Business: Russell Pearce to Face Recall Election

While the authors and proponents of state level anti-immigrant legislation received some measure of notoriety initially, one could also predict that there would be a corresponding price to pay for pursuing such costly and divisive immigration measures. Aside from the immediate lawsuits filed in nearly every state that passed Arizona copycats, there are now additional […]

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ACLU, Civil Rights Groups File Suit Against Alabama’s Immigration Law

More than just stars fell on Alabama last week when civil rights groups filed a class action lawsuit against the state’s restrictive immigration law, HB 56, charging that the law unconstitutionally interferes with federal law and will lead to racial profiling. Filed on Friday, the lawsuit makes Alabama the fifth state (joining Arizona, Utah, Indiana […]

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What Does Record Low Migration From Mexico Mean for Immigration Reform?

In what could be an historic event, the number of unauthorized immigrants coming from Mexico to the United States has fallen drastically in recent years—dropping from 525,000 annually in 2000-2004 to fewer than 100,000 in 2010.  In fact, unauthorized immigration from Mexico has dropped to a net rate of zero—meaning that the number of new […]

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Oregon Business Community Latest to Join Fight Against National E-Verify Bill

This week, business and agricultural communities across the U.S. continued the fight against mandatory E-verify, an electronic verification system requiring employers to use a federal database to verify the immigration status of employees. Over the weekend, thousands of protestors marched on Georgia’s state capitol to protest HB 87—a bill which contains mandatory E-Verify—adding their voice […]

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Restrictive Immigration Law Continues to Threaten Georgia’s Farming Industry

Just days after part of Georgia’s immigration law, HB 87, went into effect, farmers in the Peach State are panicking over how they will find enough workers to harvest their crops—some of which are already starting to spoil. Although a federal judge granted a preliminary injunction enjoining two key provisions of HB 87 last month, […]

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Rep. Lamar Smith’s “Keep Our Community Safe Act of 2011” Creates More Problems than Solutions

One of the ugliest myths in the immigration debate involves the relationship between immigrants and crime. While studies repeatedly have shown that immigrants are less likely to commit crimes than native-born Americans, many politicians exploit the public’s fear of crime to advance a restrictive immigration agenda. One of the latest attempts to do so is the “Keep Our Communities Safe Act of 2011,” or H.R. 1932, introduced by Rep. Lamar Smith (R-TX). This bill seeks to expand the authority of the Department of Homeland Security (DHS) to subject certain immigrants to indefinite—that is, potentially life-long—detention, even though the Supreme Court has held that such detention raises serious constitutional concerns.

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The Difference between E-Verify in a Comprehensive Immigration Reform Bill and E-Verify Alone

Last month, Rep. Lamar Smith introduced the “Legal Workforce Act of 2011” (H.R. 2164), a bill which would make the E-Verify system mandatory for all employers within three years. While the Smith bill version of mandatory E-Verify has been criticized for snagging U.S. citizens and legal workers, burdening employers with additional costs and not actually […]

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Why Morton’s Memo is the Best Road Map on Prosecutorial Discretion Yet

BY DAVID LEOPOLD, ESQ., AILA IMMEDIATE PAST PRESIDENT The memorandum on prosecutorial discretion recently issued by ICE Director John Morton is hardly a substitute for a full fix to our broken immigration system. That’s Congress’s job. But once implemented, the memo will allow ICE agents and trial attorneys to focus limited law enforcement resources on […]

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