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Why Is There a Disparity in DACA Application Rates Among Different Nationalities?
A year and a half in, nationals from nearly every country have applied for Deferred Action for Childhood Arrivals (DACA), President Obama’s deportation reprieve program for certain undocumented immigrants brought to this country as children. Despite this diverse participation, nationals of some countries are dramatically underrepresented in the applicant pool. Comparing the latest USCIS DACA […]
Read MoreTargeting Immigrant Taxpayers as a Matter of Course
Unfortunately, there is a new fallback position for some members of Congress when it comes to finding ways to save money. That position is eliminating the Additional Child Tax Credit for immigrant taxpayers. This has been proposed in the past by other members of Congress; however, the latest iteration is in the form of an […]
Read MoreImmigrant Entrepreneurs are Investors in their Communities
Cedric Francois, a medical researcher from Belgium, came to Louisville, Kentucky, after hearing that researchers there were beginning work on the first hand transplant. Later, he co-founded two pharmaceutical companies. Suhas Kulkarni, an immigrant entrepreneur himself who founded Louisville-based IT firm Omnisys, understands the need for integrating and helping immigrant entrepreneurs get their start and […]
Read MoreTop Five Immigration Stories from 2013
From the beginning, it was clear that 2013 was going to be a big year for immigration. The results of the 2012 Presidential Election were widely interpreted as a rebuke to Mitt Romney’s enforcement-only “self-deportation” policy, and President Obama’s huge victory among minority communities was seen as a mandate for reform. It seemed, at the […]
Read MoreThe Faulty Legal Arguments Behind Immigration Detainers
In late June 2012, the Supreme Court struck down three provisions of Arizona’s SB 1070 and left a fourth vulnerable to future legal challenge. As has been well documented, the Court’s rejection of SB 1070 tipped the balance in favor of federal enforcement and away from state and local enforcement of the immigration laws. But this essay explores a less obvious consequence of the Court’s decision: its implications for the viability of a critical federal enforcement mechanism: the immigration “detainer.”
An immigration detainer is a piece of paper that federal immigration officials send to state and local jails requesting that they continue holding an individual for up to 48 business hours after he or she would otherwise be released, so that agents of U.S. Immigration and Customs Enforcement (ICE) can investigate the person’s status and assume custody if necessary. Also known as immigration “holds,” detainers are the key enforcement mechanism behind federal enforcement initiatives like the Criminal Alien Program and Secure Communities.
There has been considerable confusion as to whether a detainer is a mere request that ICE be notified of a suspected immigration violator’s impending release, or a command by ICE that state or local officials hold a prisoner for ICE beyond the time the prisoner would otherwise be released. Independent of that question, however, the Court’s decision in Arizona v. United States identifies a more fundamental problem: that detainers may violate the Constitution and federal statutes even when honored on a voluntary basis.
Senate Confirms New DHS Director, Jeh Johnson
The Senate approved Jeh Johnson as the Department of Homeland Security Secretary 78 to 16 on Monday night. President Obama nominated Johnson to head the department in October following former Sec. Janet Napolitano’s resignation. At one point, Sen. John McCain (R-AZ) said he would hold up Johnson’s nomination until he recived more information about border security, according to Politico. McCain told reporters […]
Read MoreSupreme Court Considers Restrictive Interpretation of Child Status Protection Act
Yesterday, the Supreme Court heard oral arguments in Mayorkas v. Cuellar de Osorio, a case challenging the government’s restrictive interpretation of the Child Status Protection Act (CSPA). The CSPA provides relief for the longstanding problem of children included on a parent’s visa application who “age out” – that is, turn 21 and lose their status […]
Read MoreHouse Inaction Escalates Community’s Demands for Immigration Reform
House Speaker John Boehner (R-OH) reassured a few die-hard anti-immigration reform activists when he said he would never agree to a conference to reach agreement on a House immigration bill and the Senate’s bipartisan immigration that passed in June. But his comments fired up those who want to see Congress improve the nation’s broken immigration […]
Read MoreHow Latino and Asian Voters Made the Difference in 2013 Gubernatorial Elections
In a Dickensian tale of two campaigns for governor, the Republican Party watched two very different strategies unfold on how to embrace or reject Latino voters on Tuesday. A majority of Latino voters voted for New Jersey Gov. Chris Christie as he soundly won reelection, while Ken Cuccinelli lost his campaign to be Virginia’s governor […]
Read MoreLatino Voters Poised to Again Play Key Role in Elections
One year after the 2012 elections, in which the Latino vote played a pivotal role in the re-election of President Obama, the Republican Party is still attempting to figure out how to attract Latinos and new immigrant voters to the fold. Tomorrow, voters head to the polls to decide several state elections and the gubernatorial […]
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