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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.

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California 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 […]

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Immigration 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 […]

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DHS 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 […]

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DHS 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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Research Shows Immigrant Entrepreneurs Leaving the U.S. to Become Our Competition

Restrictionists often perpetuate the myth that immigrants are not needed in our current economy—that they take jobs and hurt American workers.  But research has shown that immigrants not only grow the economy, but help create jobs and are part of the solution to our economic woes.  However, while immigrants can create jobs and start new […]

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President Obama’s Speech on Immigration: Campaign Politics or a Call to Action?

Today in El Paso, President Obama delivered his second major speech dedicated to fixing our broken immigration system. The President addressed some of the major obstacles to passing comprehensive reform—namely the “border-first” crowd’s repeated claim that the Administration hasn’t done enough to secure the border—by touting the record level of resources invested along the border. […]

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President Obama Continues To Walk Immigration Tightrope

President Obama delivered a heartfelt commencement address this weekend at Miami-Dade College that once again showed the difficult tightrope he walks on immigration. On the one hand, he reminded his listeners yet again how important immigration reform, including passage of the DREAM Act, is to the continued moral and economic vitality of the country. On […]

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New Report Underscores Economic Folly of S.B. 1070-Type Laws in California

Fans of Arizona’s SB 1070 and its many imitators fail to mention one critical feature of their beloved legislation: its economic destructiveness. A dramatic example of just how destructive an SB 1070 clone could be is detailed in a new report from the Center for American Progress (CAP) and the Immigration Policy Center (IPC). The […]

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One Year After SB 1070, States Are Still Grappling with Cost of Immigration Measures

One year ago this month, Arizona Gov. Jan Brewer put her star on the political map when she signed SB 1070, a controversial immigration law which required state and local law-enforcement officials to inquire about immigration status during any lawful stop, detention, or arrest. Some states learned from Arizona—the numerous protests, Supreme Court challenge, costly […]

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