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Alabama’s Dangerous New Anti-Immigrant Law

Released on Thu, Sep 29, 2011

Washington D.C. - Yesterday, Judge Sharon Blackburn failed to enjoin major portions of Alabama’s extreme anti-immigrant law, HB 56, leaving many dangerous sections open to implementation. Local police, for example, are required to act as federal immigration enforcement agents by demanding proof of legal status from anyone who appears to be foreign. Other provisions—that go further than Arizona’s law—insist public school administrators check the legal status of students and their parents and create confusing and burdensome new restrictions on contracts between the state government and immigrants and between private citizens and immigrants. It’s unclear how far the restrictions on contracts will go, but at a minimum they will limit access to housing and utilities for anyone who cannot produce the proper documentation.

Although supporters claim the law will solve the state’s economic problems and reduce crime, HB 56 will inflict greater economic damage to Alabama, costing the state millions to implement and defend. And the crime argument simply doesn't hold water. Since 1990, Alabama’s unauthorized population has risen from five thousand to 120 thousand.  Yet the violent crime rate in the state has fallen by more than a third. Restrictive immigration laws have proven to reduce, not maximize, law enforcement effectiveness.Read more...

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Improving the Naturalization Process: Better Immigrant Integration Leads to Economic Growth

Anyone who has ever attended a naturalization ceremony cannot help but be moved by the power of the moment. The participants enter as men, women, and children of diverse countries, but leave the room as citizens of one—the United States. For many, the path to that naturalization ceremony has been long and arduous, irrespective of whether they entered the United States as wealthy entrepreneurs or as refugees with nothing but the clothes on their backs. The process of obtaining lawful permanent resident (LPR) status, and ultimately U.S. citizenship, is often daunting. A new country, new rules, high costs, and little targeted support for new immigrants makes what should be a journey of exploration and opportunity one that may be frustrating and lonely. Consequently, in order to focus on ways to improve the naturalization process itself, we must take a step back and consider the nature of immigrant integration in the United States. The better our integration policies—and the sooner they begin—the more likely we are to improve the rate of naturalization. 

Published On: Mon, Sep 19, 2011 | Download File

Fiscally Irresponsible: Immigration Enforcement without Reform Wastes Taxpayer Dollars

Many political pundits, GOP presidential aspirants, and Members of Congress want to have it both ways when it comes to federal spending on immigration. On the one hand, there is much talk about the need for fiscal austerity, and a Congressional “super-committee” is currently working on slashing federal spending in order to reduce the deficit. On the other hand, even though the Department of Homeland Security (DHS) just announced a record high number of deportations, some still want to increase federal spending on immigration enforcement; putting more Border Patrol boots on the ground, completing the border fence, and deploying an array of high-tech gadgetry. However, they miss one very important fact: piling on more immigration enforcement without immigration reform is a practical and fiscal dead-end. Read more...

Published On: Wed, Oct 19, 2011 | Download File

Guns, Drugs, and Money: Tackling the Real Threats to Border Security

The external borders of the United States matter to security, but how and in what ways is neither automatic nor obvious. The current assumption is that borders defend the national interior against all harms, which are understood as consistently coming from outside—and that security is always obtained in the same way, whatever the issue. Some security policies correctly use borders as tools to increase safety, but border policy does not protect us from all harms. The 9/11 terrorists came through airports with visas, thus crossing a border inspection system without being stopped. They did not cross the U.S.-Mexico border. Future terrorists would not necessarily cross a land border. U.S. citizens and residents, and nationals of Western Europe, also represent an important element of the terrorist threat, and they have unimpeded or easy passage through U.S. borders. Fortified borders cannot protect us from all security threats or sources of harm.

Moreover, not all border crossers pose security concerns, even ones who violate national laws. The hundreds of thousands of unauthorized migrants who cross the U.S.-Mexico border each year have not posed a threat of political terrorism, and external terrorists have not traveled through this border.  Enforcement of laws against unauthorized immigration is, in the vast majority of cases, a resource- and attention-wasting distraction from sensible national security measures. That does not mean the U.S.-Mexico border is free from risk of harm, such as increasingly violent drug trafficking organizations operating nearby in Mexico. But that issue needs to be addressed in different ways than current enforcement policy does.

Published On: Mon, Sep 12, 2011 | Download File

Using All the Tools in the Toolbox

While it is true that Congress makes the laws and the President executes them, it is also true that the President, the Cabinet, and a host of regulatory agencies spend countless hours interpreting and implementing the laws. Congress can never foresee all of the myriad details that must be worked out to actually turn a law into a functioning process.  It falls to the executive branch to carry out that work through the regulatory process—the system of rulemaking and public comment that generally takes place after a law is enacted.

However, it is often the case that Members of Congress do not agree with how the executive branch has interpreted and implemented a law. Disputes of this nature can quickly escalate from simple disagreement to frenzied hyperbole. Consider the over-the-top political rhetoric which has characterized much of the immigration debate for many years, with any act of generosity towards an immigrant quickly labeled “amnesty” by some lawmakers. Such rhetoric quickly turns into a pitched battle between Congress, as the maker of the law, and the Administration, as implementer of the law.Read more...

Published On: Thu, Sep 01, 2011 | Download File

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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Immigration and the Defense of Marriage Act (DOMA): A Q&A Fact Check

Q: What is the Defense of Marriage Act?
A: In 1996, Congress passed the Defense of Marriage Act (DOMA). Section 3 of DOMA defines marriage as a legal union between one man and one woman. At the time DOMA was enacted, no state permitted same-sex marriages. Today, six states and the District of Columbia permit same-sex marriages; several other states honor out-of-state marriages and/or recognize civil unions. Read more...

Published On: Thu, Aug 18, 2011 | Download File

American Immigration Council Applauds DOJ for Responding to Alabama’s Punitive Anti-Immigrant Law

Released on Tue, Aug 02, 2011

Washington, D.C. – On Monday, the Department of Justice filed suit against the state of Alabama to block the implementation of HB 56, which is set to take effect September 1. HB 56 is similar to but far more punitive than Arizona’s SB 1070. The law includes provisions that require local school districts to check and report on the immigration status of all children enrolling in public schools. It also transforms local police into federal immigration officers, and creates criminal consequences for anyone who provides housing, transportation, or employment to undocumented immigrants.

Alabama is the second state, after Arizona, that the Department of Justice has sued for overstepping its authority to regulate immigration. Lawsuits have also been filed in Utah, Indiana and Georgia by immigrant rights and civil liberties groups. So far, the courts have prevented each state from implementing the central provisions of their anti-immigrant laws. In truth, all these laws have done is inflict long-lasting damage to these states’ reputations, businesses, and budgets.Read more...

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Mexican Migration Patterns Signal a New Immigration Reality

Fewer Mexicans are Entering the U.S., Fewer Are Leaving, and Mexican American Births Now Outpace Immigration from Mexico

Much of what we thought we knew about immigration is changing, and the new reality means we need to think differently about how we approach immigrants and immigration reform in the United States.  Unauthorized immigration has clearly paused, and three-fifths of unauthorized immigrants have been in the United States for more than a decade.  Immigrants are becoming more integrated into U.S. communities.  Given these trends, now is the time to seriously consider comprehensive immigration reform. Read more...

Published On: Mon, Aug 01, 2011 | Download File

Dissecting the HALT Act: Last Safety Valves in Immigration System Under Attack

Released on Mon, Jul 25, 2011

Washington D.C. - Tomorrow, Tuesday, July 26, the House Judiciary Subcommittee on Immigration Policy and Enforcement will hold a hearing on the “Hinder the Administration’s Legalization Temptation Act” (HALT Act), a bill that would suspend discretionary forms of immigration relief until January 21, 2013—the day after the next Presidential inauguration. 

Today, the Immigration Policy Center held a briefing to describe how the HALT Act systematically attacks many of the discretionary forms of relief available to immigrants. Immigration policy experts described the implications of limiting the Administration’s discretion in prosecuting immigration cases, as well as the impetus behind the bill. 

Mary Giovagnoli, Director of the Immigration Policy Center, said:

“The HALT Act seeks to disable or suspend a number of immigration provisions that provide any discretionary relief to immigrants in order to chastise the Administration for a series of policy memos that contemplate using executive branch authority to improve current laws. Its authors seek to discourage the Administration from interpreting the law in ways that are more streamlined or benefit more individuals.” 

Beth Werlin, Deputy Director of the Legal Action Center, further explained:

“By taking away the power to grant deferred action, the HALT Act is basically interfering with the Administration’s ability to prioritize its removal cases and focus its resources on serious criminals and those who pose a true security risk.”

Marshall Fitz, Director of Immigration Policy at the Center for American Progress, commented on the impetus behind the bill:Read more...

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