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American Immigration Council

Obama administration cracks open door to gay immigrant couples, DREAMers

Published on Thu, Aug 18, 2011

Gay and lesbian married bi-national couples like San Francisco’s Bradford Wells and Anthony John Makk may get some relief from the threat of deportation under the Defense of Marriage Act, thanks to action by the Obama administration today.

In a letter to Sen. Dick Durbin, D-Ill., Department of Homeland Security Secretary Janet Napolitano said a new working group will be established to identify low-priority cases for immigrant deportation. The administration will exercise prosecutorial discretion, widely practiced by all law enforcement officers, to identify which low-priority deportation cases to ignore. The policy is also posted on the White House website.

Napolitano cited a memorandum issued last June by Immigration and Customs Enforcement, or ICE, which contains a long list of mitigating factors to weigh in deciding whether to pursue deportation. These include whether the immigrant is married to a U.S. citizen, as Makk is, as well as whether the immigrant is the primary caregiver of a citizen, which Makk also is. Other factors include such things as length of lawful stay in the United States, criminal record and the like.

Sexual orientation is not specifically mentioned, but Mary Kenney, a senior staff attorney with the Legal Action Center arm of the Immigration Policy Center said the administration has indicated that same-sex marriages are included in the definition of family for the purposes of the enforcement memo. She called the move “very encouraging.”

Napolitano said President Obama asked her to respond on his behalf, having said that “it makes no sense to expend our enforcement resources on low-priority cases.” She said the June memo is now “being implemented.”

Wells and Makk have gotten huge media attention, including a spot on CNN, since the Chronicle’s second story on their case this month. You read about their case first in the Chronicle last June.Read more...

Published in the San Francisco Chronicle

DHS: Prioritizing Enforcement and Exercising Prosecutorial Discretion

Experts Welcome New Guidance, But Agree the Devil is in the Details

Released on Mon, Aug 22, 2011

Washington D.C. - Today, the American Immigration Council hosted a briefing to discuss the Department of Homeland Security’s (DHS) announcement last week that it would issue agency-wide guidance to make certain that prosecutorial discretion is exercised in a manner that ensures the agency's enforcement resources are used to remove those who pose the greatest risk to public safety. DHS also announced the creation of a joint committee with the Department of Justice (DOJ) that will review nearly 300,000 cases currently in removal proceedings to determine which ones are low priority and can be administratively closed in order to begin unclogging immigration courts. While it is unclear how these proposals will play out in practice, the federal government must continue to assert its authority over immigration given the rise of state legislative initiatives that seek to impose different priorities on immigration enforcement.

Melissa Crow, Director of the Legal Action Center at the American Immigration Council discussed the practical implications of the use of greater prosecutorial discretion and had a warning for immigrants not in removal proceedings:

“Prosecutorial discretion is not a new concept, and is exercised on a daily basis by law enforcement agencies. It refers to the authority of a law enforcement agency or officer to decide whether – and to what extent – to enforce the law in a particular case. Prosecutorial discretion can take a variety of forms, depending on the nature of the case involved.Read more...

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Prosecutorial Discretion Guidelines May Provide Temporary Relief to Gay and Lesbian Bi-National Couples

Released on Fri, Aug 19, 2011

Washington D.C. –Yesterday, the Department of Homeland Security (DHS) announced that they are taking concrete steps to implement existing guidance on prosecutorial discretion across the agency in an attempt to provide relief for low priority immigration cases. DHS also announced the creation of a committee which will review 300,000 immigration cases currently in removal proceedings to determine which cases are low priority and can be administratively closed. One of the factors in determining low priority cases is family relationships and community ties—factors the Administration said yesterday may apply to gay and lesbian families.

There are currently 36,000 same-sex bi-national couples in the United States, many of whom are routinely denied applications for lawful permanent residence and other relief from deportation due to the Defense of Marriage Act (DOMA). Enacted in 1996, DOMA prevents the federal government—including DHS—from recognizing marriages or civil unions of same-sex couples for purposes of receiving federal benefits. Although the Administration determined that parts of DOMA were unconstitutional, DHS is still denying immigration benefits to same-sex spouses of bi-national couples.

DHS’s recent announcement, however, suggests that the guidelines on prosecutorial discretion may provide temporary relief to gay and lesbian bi-national couples. On a conference call hosted by the Immigration Policy center yesterday, a panel of experts discussed how the new policy may help gay and lesbian bi-national couples:

Mary Kenney, Senior Staff Attorney with the Council’s Legal Action Center, said:Read more...

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DHS Announces Expansion of Prosecutorial Discretion Guidelines

Signals Opportunity to Regain Common Sense

Released on Thu, Aug 18, 2011

Washington D.C. - Today, the Department of Homeland Security (DHS) announced that it would put guidelines in place across all immigration agencies to ensure that its enforcement priorities are focused on removing persons who are most dangerous to the country.

In a letter to Senator Dick Durbin (D-IL) and other senators who had requested that DHS consider deferring the removal of all DREAM Act eligible students, DHS announced that it would not categorically defer removal, but that persons who were not high priority targets for removal would have the opportunity to request prosecutorial discretion on a case by case basis. Low priority cases—previously identified in a prosecutorial discretion memo issued by Immigration and Customs Enforcement Director John Morton on June 17—include persons who are not criminals and have been in the country since childhood, have strong community ties, are veterans or relatives of persons in the armed services, are caregivers, have serious health issues, are victims of crime or otherwise have a strong basis for remaining in the United States.

DHS announced the creation of a joint committee with the Department of Justice that will review nearly 300,000 cases currently in removal proceedings and determine which cases are low priority and can be administratively closed. In addition, agency-wide guidance will be issued to ICE, USCIS and CBP officers to ensure that they appropriately exercise discretion when determining whether a low priority case should be referred to immigration court.

Mary Giovagnoli, Director of the Immigration Policy Center, stated:Read more...

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Board of Immigration Appeals Guts Legal Protections for Immigrants Under Arrest

Released on Mon, Aug 15, 2011

Washington, D.C.—The American Immigration Council strongly condemns last week’s ruling from the Board of Immigration Appeals holding that immigrants arrested without a warrant are not entitled to certain Miranda-like warnings prior to questioning by immigration officers. In a precedent decision, the Board held that noncitizens need not be informed of their right to counsel or warned that their statements can be used against them until after they have been placed in formal deportation proceedings.

For decades, immigrants placed under arrest have been entitled to these critical advisals. Like “Miranda” warnings for criminal suspects, such notifications help to ensure that statements made during questioning are not the product of coercion. As a result of last week’s ruling, noncitizens under arrest will now be even more vulnerable to pressure from interrogating officers, and immigration judges will face greater difficulty determining whether statements made during questioning were truly voluntary.

“This decision epitomizes the substandard system of justice that’s been created and imposed on immigrants in the United States,” said Melissa Crow, Director of the American Immigration Council’s Legal Action Center. “The Board’s ruling renders the advisals practically meaningless and makes immigrants less likely to remain silent when questioned and less likely to assert their right to counsel.”

The Board of Immigration Appeals is the highest administrative tribunal on immigration and nationality matters in the United States. Decisions of the Board may be subject to review by federal courts or by the Attorney General. The ruling came in Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011).

###Read more...

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Mary Giovagnoli on the DREAM Act

Published on Thu, Aug 04, 2011

Mary Giovagnoli on the DREAM Act:

Published in the Explore Homeland

HALTing the DREAM

Published on Mon, Aug 01, 2011

Every now and then a piece of legislation comes around with a terribly creative acronym. The USA PATRIOT Act back in 2001 was one example. But rarely do two bills on the same issue appear in Congress with such diametrically opposed names and policy goals as the DREAM and HALT Acts.

Published in the The Nation

Arizona’s State-Owned Mexico Border Fence Attracts Donors From Across U.S.

Published on Tue, Aug 02, 2011

Arizona, whose immigration law sparked a lawsuit by the Obama administration and national boycotts, aims to collect tens of millions of dollars in private donations to build a border fence with inmate labor.

The plan, created by lawmakers and signed into law by Republican Governor Jan Brewer in April, would turn donations over to a group of Republican legislators, political appointees and four county sheriffs who have criticized U.S. efforts to combat illegal immigration. They say the fence is needed to stop an “invasion” that may include violent criminals and Middle Eastern terrorists disguised as Mexicans.

“Arizona once more has to step in and do a job the federal government won’t do,” Republican state Senator Steve Smith, who sponsored the bill, said in a telephone interview. He said he believes the Obama administration has failed to secure the border and has now given up. “It is a massive invasion on our social and economic systems. Nobody can deny that.”

The campaign is ratcheting up rhetoric between the state and the federal government over border security. It is modeled after a similar effort by Brewer that taps into the same nationwide discontent over U.S. policy to pay for the defense of Arizona’s immigration law. The campaign, Keep Arizona Safe, has raised more than $3.8 million from about 45,000 donations since June 2010, said Matthew Benson, a spokesman for Brewer.

$50 Million Goal

For the border fence, more than $146,000 has been collected from about 3,000 private donors in 50 states since fundraising began July 20. At least 568 were from Arizona, 329 from California, 182 from Texas, 173 from Florida, 88 from New York and 42 from New Jersey. The goal is to raise a minimum of $50 million, said Smith.Read more...

Published in the Bloomberg

Study: Fewer Mexicans migrating to United States

Published on Tue, Aug 02, 2011

PHOENIX - While illegal immigration has dominated a portion of political dialogue in the United States over the last few years, fewer Mexicans are crossing the border according to a new study.

"About 60 percent fewer people are coming to the United States from Mexico," said Wendy Sefsaf with the Immigration Policy Center. The center uses Mexican nationals as a proxy because they are a large part of the undocumented population, Sefsaf said.

The reason that fewer people are looking to head across the border is the downtrodden economy.

"The reason why people are not coming is the economy," Sefsaf said. "That's always been the case. Migration from Mexico for 100 years has been impacted the economic conditions in the receiving countries."

Data from the Pew Hispanic Center and the Rand Corporation also revealed that fewer immigrants are leaving the country and those that are in the United States have likely been here for more than a decade, showing a need for a more nuanced set of policies to help immigrants integrate fully into American society, Sefsaf said.

Published in the KTAR Arizona

Obama's Immigration Rhetoric at Odds with Record

Published on Tue, Jul 26, 2011

WASHINGTON, Jul 26, 2011 (IPS) - "Our American family will only be as strong as our Latino community," U.S. President Barack Obama said in his address at the National Council of La Raza's annual conference in Washington on Monday.

"We're going to keep working with you because for more than four decades, NCLR has fought for opportunities for Latinos from city centres to farm fields and that fight – to get a decent education, to find a good job, to make of our lives what we will – has never been more important than it is today," he said.

Obama thanked the NCLR – the country's largest national Latino civil rights and advocacy organisation – for allowing him to "poach" its alumni, naming Cabinet Secretary Hilda Solis and Supreme Court Justice Sonia Sotomayor as just two of the hundreds of Latinas and Latinos currently serving in his administration.

The president also blasted the Republican Party for backpedaling on its policies of five years ago, reminding the gathering that 23 Republican senators supported comprehensive immigration reform in 2006 because it was the "right thing to do".

"Today, they've walked away," he said.

Obama also lamented the fate of the Development, Relief and Education for Alien Minors (DREAM) Act – a 2001 legislative proposal that would grant conditional permanent residency to immigrant students who graduate U.S. high schools or arrived in the country as legal minors – which passed through the House earlier this year only to be blocked by fierce opposition from Senate Republicans.

The Immigration Policy Center held a briefing Monday on the Republicans' latest opposition to immigration reforms.

If passed, the 'Hinder the Administration's Legalization Temptation' (HALT) Act – which the House Judiciary Subcommittee on Immigration Policy and Enforcement debated Tuesday – would suspend all discretionary forms of immigrant relief until Jan. 21, 2013, a day after the next presidential inauguration.Read more...

Published in the Inter Press Service

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