Immigration Law

Immigration Law

Restrictionists Misrepresent Data on Immigration Enforcement

Restrictionists Misrepresent Data on Immigration Enforcement

Some members of Congress are intent on portraying the Obama administration as “weak” on immigration enforcement, and they aren’t going to let facts get in their way.  Yesterday, for example, the Congressional Research Service (CRS) released new data on individuals who had been identified through Secure Communities (S-Comm) but against whom ICE had not taken enforcement action.  House Judiciary Chair Lamar Smith characterized the data as proof that the Obama administration has used prosecutorial discretion “recklessly and to the detriment of the American people.”  However, a close look at the data reveals that Smith’s sweeping allegations do not hold water.  By misusing terms like “recidivism,” and by failing to distinguish between arrests and convictions, Smith intends to paint immigrants as criminals—a link that has been disproven over and over again. Read More

Where and Who Are The Young People Eligible for the President’s “Deferred Action” Initiative

Where and Who Are The Young People Eligible for the President’s “Deferred Action” Initiative

The Obama Administration’s “deferred action” initiative for unauthorized youth who were brought to this country as children has raised a number of crucial questions. How many people will be eligible? Who are they? And where do they live? A new analysis by the Immigration Policy Center (IPC), together with Rob Paral & Associates, provides some answers. While other analyses have produced national and state-level estimates of how many immigrants could benefit from the deferred action initiative, the IPC report provides a new level of detail, breaking down the eligible population by nationality and age at not only the national and state level, but the congressional district level as well. Read More

Heartland H-1Bs: Foreign Tech Workers Beyond Silicon Valley

Heartland H-1Bs: Foreign Tech Workers Beyond Silicon Valley

Wired July 18, 2012 The debate over foreign skilled workers in the United States divides along painfully predictable fault lines. On one side, tech CEOs complain that the country’s flawed education system can’t produce the talent they need to stay competitive. On the other side, labor and anti-immigration groups… Read More

Study: Foreign Workers with Niche Skills in Demand in Mercer

Study: Foreign Workers with Niche Skills in Demand in Mercer

The Examiner July 18, 2012 Demand for skilled foreign workers is high in Mercer County. The county receives about 2,000 requests for H-1B specialty visas each year, the fourth-highest number of requests in the country, a Brookings Institution study released yesterday found. The visas bring in foreign nationals for… Read More

How Overburdened Immigration Courts Can Be Improved

How Overburdened Immigration Courts Can Be Improved

By Naike Savain. Immigration courts are notorious for significant backlogs and lacking sufficient resources to timely and justly adjudicate the hundreds of thousands of removal cases pending before them. And, despite recent announcements that the Department of Homeland Security (DHS) is exercising prosecutorial discretion in some removal cases, immigration courts throughout the country struggle to manage their caseloads. In fact, some courts are scheduling hearings as far out as 2015, yet Congress seems unwilling to appropriate additional funding. A recent study commissioned by the Administrative Conference of the United States, however, addresses the gap between immigration courts’ workload and resources and recommends several improvements to the system. Read More

For Immigrants, Alternatives to Detention Not All They’re Cracked Up to Be

For Immigrants, Alternatives to Detention Not All They’re Cracked Up to Be

On any given day, approximately 300,000 immigrants in the United States have pending removal proceedings to determine whether they will be deported from the country. Of those, about 10% are kept in detention centers while proceedings are pending, with the rest are subject to alternatives ranging from the posting of bail to the use of electronic ankle monitors. While few if any immigrants prefer to be detained, a recent report explains that many alternatives to detention (ATD) program impose hardships themselves. Read More

Some States Attempt to Move Forward on Immigration Laws Following Supreme Court Decision

Some States Attempt to Move Forward on Immigration Laws Following Supreme Court Decision

Prior to the Supreme Court’s recent decision on Arizona SB 1070, other states that passed immigration laws were also embroiled in complicated legal battles. Alabama, Georgia, South Carolina, and Utah all passed restrictive immigration laws, parts of which were challenged in court and subsequently enjoined pending the Supreme Court’s ruling on Arizona. Now that the Supreme Court has ruled, however, each state is now attempting to interpret that ruling in an effort to implement its immigration law. Read More

Civil Rights Groups Resume Legal Challenges to Alabama’s Immigration Law

Civil Rights Groups Resume Legal Challenges to Alabama’s Immigration Law

Less than three weeks after the Supreme Court’s landmark decision in Arizona v. United States—which struck down three provisions of SB 1070 and invited future challenges to a fourth—civil rights groups are back in court resuming their challenges to copycat laws in other states. Going forward, the lawsuits will focus more on how to interpret the Justices’ decision and less on theoretical legal questions about states’ rights. While the cases in Alabama and other states may take years to resolve, it is already clear that parts of the laws will be immediately struck down. Read More

According to Scott Beason, Alabamans Will  Return to “Menial Jobs” Over Time

According to Scott Beason, Alabamans Will Return to “Menial Jobs” Over Time

  Alabama State Senator Scott Beason continues to link the state’s recent dip in unemployment to its extreme immigration law (HB 56), even though there is no evidence to support that this theory. In fact, many Alabama business have reported difficulties in replacing immigrant workers, many of whom have left the state or gone further underground. But in a recent effort to address this reported labor shortage, Sen. Beason—a sponsor of HB 56—managed to insult both immigrants and native Alabamans alike. Read More

Supreme Court Issues Mixed Decision on Arizona SB 1070

Supreme Court Issues Mixed Decision on Arizona SB 1070

The Supreme Court issued a mixed ruling on Monday in the Obama administration’s challenge to Arizona SB 1070. By a 5-3 margin, the Justices upheld the injunction against provisions of the law that authorize police to arrest immigrants suspected of committing removable offenses (Section 6), and that impose penalties under state law for immigrants who fail to carry “registration” papers (Section 3) or attempt to work without federal authorization (Section 5). Although the Court allowed the implementation of the provision of SB 1070 requiring police to determine the immigration status of people in custody “reasonable suspicion” exists that they are in the country unlawfully (Section 2(B)), it left open the door to future legal challenges. Read More

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