Restrictionists
Getting to a Citizenship Consensus
Immigration reform is enjoying a resurgence of support in both parties, with groups from a variety of backgrounds coming out in favor of a range of changes to our current system. The most striking change may be the melting of opposition to a pathway to citizenship for the 11 million undocumented immigrants in the U.S. But acceding to citizenship and creating a system that will actually allow people to get there are two different things. Read More
Out of Legal Options, Alabama Files Petition at Supreme Court
Nearly five months ago, a federal appeals court in Atlanta issued a set of opinions that invalidated numerous provisions of Alabama HB 56, the most pernicious state immigration law in the country. After Alabama asked the full court to reconsider its rulings, the active judges unanimously rejected its request. Out of other legal options, the state filed a petition with the Supreme Court on Wednesday seeking to revive some (though not all) of the invalidated provisions. While the odds remain small that the Justices will take up the case, granting the petition could set up another legal showdown similar to the case over Arizona SB 1070. Read More
A Clash of Conservatives in Kansas
Anti-tax crusader Grover Norquist came to Topeka this week to serve as a counterweight to Kansas Secretary of State Kris Kobach in the national debate over immigration reform. Norquist, the president of Americans for Tax Reform, is best known for persuading congressional Republicans to sign his anti-tax pledge. However, he is also an opponent of restrictive and punitive immigration policies. Kobach, on the other hand, has used his perch as Kansas Secretary of State to travel the country touting the evils of unauthorized immigration and drafting various and sundry state laws that crack down on anyone who looks like an unauthorized immigrant. Read More
Why Immigration Reform and Gun Control Aren’t in Competition
Ever since the horrible tragedy in Newtown, Connecticut, political odds makers have been betting that gun safety will top the President’s list of priorities this year, despite previous statements prioritizing immigration reform. That’s an unfortunate characterization, pitting two important issues against one another and adding to the mistaken idea that immigration reform is such a momentous undertaking that nothing else can happen at the same time. Read More
The U.S. Has Been Implementing an “Enforcement-First” Immigration Policy for More Than a Decade
Anti-immigrant activists often say that we must first enforce current U.S. immigration laws before even considering any reforms that might grant legal status to unauthorized immigrants already living in the country. However, as the Migration Policy Institute (MPI) documents in a comprehensive new report (and a more condensed Report in Brief), that is what we have been doing for more than a decade. Ever since 9/11, the expansion and intensification of immigration enforcement has been the one approach to immigration policy that the majority of lawmakers on both sides of the aisle have whole-heartedly endorsed. This suggests that the “let’s wait a while” approach advocated by anti-immigrant groups is completely unjustified, and has been for a long time. Read More
Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit
Shortly after the administration began accepting applications under the Deferred Action for Childhood Arrivals (DACA) program, Kris Kobach—the author of Arizona SB 1070 and other notorious state immigration laws—filed a lawsuit on behalf of ten disgruntled immigration agents seeking to halt the program in its tracks. The lawsuit has largely been viewed as a politically motivated stunt, with little chance of success in court. Now, a new law review article by University of Virginia law professor David Martin, one of the nation’s premier experts on immigration law, systematically debunks Kobach’s legal arguments. Read More
DHS Publishes New Provisional Waiver to Help Some Families Stay Together
Some families facing long separations from their loved ones because of U.S. immigration laws will have an easier time of it in 2013. Thanks to a new regulation from the Department of Homeland Security (DHS), immediate relatives of U.S. citizens will be able to complete part of the processing of their immigration cases without leaving the country. The “Provisional Unlawful Presence Waiver of Inadmissibility for Certain Immediate Relatives” rule, often referred to as the new family unity rule, will be published tomorrow (January 3, 2013) and become effective on March 4. Read More
Countdown of the Top Five Immigration Stories of 2012
In the beginning of 2012, the landscape of the immigration world looked much different. Pro-immigrant groups were coming off of a rough few years that saw the failure of the DREAM Act, a spike in deportations under President Obama, and the passage of several state-level restrictionist bills like Arizona’s infamous SB 1070 and Alabama’s HB 56. However, immediately after the 2012 Presidential election, the discussion around immigration reform was reignited and led with legalization for the 11 million undocumented immigrants currently living in the country. What changed? Here’s our take on five of the biggest reasons 2012 has been a catalyst for change: Read More
Federal Judges Remind Government to Consider Prosecutorial Discretion
Prosecutorial discretion is the authority of a law enforcement agency or officer to decide whether and to what degree to enforce the law in particular cases. The Deferred Action for Childhood Arrivals (DACA) initiative continues to be a successful example of prosecutorial discretion in the immigration context. However the Department of Homeland Security (DHS) often ignores other non-DACA-related cases where prosecutorial discretion would be equally appropriate. Read More
Lawsuit Uncovers USCIS’ Double Standards in H-1B Program
For the past several years, U.S. Citizenship and Immigration Services’ (USCIS) H-1B visa review and processing procedures have caused confusion and concern among U.S. businesses that turn to highly-skilled temporary foreign workers in specialty occupations to operate successfully. In newly-uncovered documents, it appears that instead of supporting small businesses that attempt to hire highly-skilled foreign workers, in many cases, USCIS discourages their success by subjecting them to a near presumption of fraud. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
