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Understanding Initial Legal Challenges to Immigration Accountability Executive Action

On November 20 and 21, 2014, President Barack Obama announced a series of administrative reforms of immigration policy, collectively referred to as the Immigration Accountability Executive Action. Central to these reforms is a plan to expand eligibility under the current Deferred Action for Childhood Arrivals (DACA) program and to create a new Deferred Action for Parents of Americans (DAPA) program for the parents of U.S citizens and Lawful Permanent Residents who meet certain criteria. Both DACA and DAPA derive from the executive branch’s inherent authority to exercise discretion in the prosecution and enforcement of immigration cases. In both instances, the President has authorized the Department of Homeland Security (DHS) to defer for three years the deportation of qualified individuals who pose no threat to the United States in the hope that Congress will finally undertake comprehensive, more permanent immigration reform.

Within hours of the announcement, notorious Maricopa County, Arizona, Sheriff Joe Arpaio challenged the President’s plan to defer deportations in a Washington, D.C., federal court. Shortly thereafter, representatives of 17 states filed a similar case in a Brownsville, Texas, federal court. An additional 7 states later joined the case. While these cases are more political diatribe than legal argument, and are unlikely to succeed in the long run, understanding the procedural steps and the nature of the arguments helps to put the cases in perspective.

The LawsuitsRead more...

Published On: Fri, Dec 19, 2014 | Download File

Only the Beginning: The Economic Potential of Executive Action on Immigration

The series of executive actions on immigration which President Obama announced on November 20, 2014, would have a beneficial—if modest—impact on the U.S. economy. Specifically, the president’s actions are likely to increase Gross Domestic Product (GDP), reduce the federal deficit, and raise both tax revenue and average wages—all without having any appreciable impact on native-born employment. Most, though not all, of these economic gains would flow from two actions in particular: creation of a new Deferred Action for Parental Accountability (DAPA) program, which would grant temporary relief from deportation, as well as work authorization, to some unauthorized parents of U.S. citizens or lawful permanent residents; and expansion of the Deferred Action for Childhood Arrivals (DACA) program, which offers relief from deportation and work authorization to qualified young adults who were brought to the United States as children. However, research suggests that comprehensive immigration reform legislation would yield even greater economic benefits than the programs created through executive action.

Increasing GDP and Reducing the DeficitRead more...

Published On: Thu, Dec 11, 2014 | Download File

Reagan-Bush Family Fairness: A Chronological History

From 1987 to 1990, Presidents Ronald Reagan and George Bush, Sr. used their executive authority to protect from deportation a group that Congress left out of its 1986 immigration reform legislation—the spouses and children of individuals who were in the process of legalizing. These “Family Fairness” actions were taken to avoid separating families in which one spouse or parent was eligible for legalization, but the other spouse or children living in the United States were not—and thus could be deported, even though they would one day be eligible for legal status when the spouse or parent legalized. Publicly available estimates at the time were that “Family Fairness” could cover as many as 1.5 million family members, which was approximately 40 percent of the then-unauthorized population. After Reagan and Bush acted, Congress later protected the family members. This fact sheet provides a chronological history of the executive actions and legislative debate surrounding Family Fairness.

November 6, 1986:

 

President Reagan signs the Simpson-Mazzoli Immigration Reform and Control Act (IRCA). The legislation makes certain immigrants eligible for temporary legal status and eventually green cards, primarily (1) those “continuously” present in the U.S. since January 1, 1982 (the general legalization provisions), and (2) special agricultural workers (SAW). At the time, roughly 3 million people are thought to be eligible to legalize, although that number will rise by 1990, due to an unexpectedly large number of SAW applicants, and litigation by several hundred thousand persons who claimed eligibility for the general legalization provisions.Read more...

Published On: Tue, Dec 09, 2014 | Download File

A Guide to the Immigration Accountability Executive Action

On November 20 and 21, 2014, President Obama announced his “immigration accountability executive action,” which includes a series of measures that are first steps towards common-sense reforms to an outdated immigration system. Read more...

Published On: Tue, Nov 25, 2014 | Download File

Executive Grants of Temporary Immigration Relief, 1956-Present

Much has been made of President Obama’s Deferred Action for Childhood Arrivals (DACA) program, through which he deferred deportation for young adults brought to the U.S. as children. But as immigration legal scholar Hiroshi Motomura has noted, the president has broad executive authority to shape the enforcement and implementation of immigration laws, including exercising prosecutorial discretion to defer deportations and streamline certain adjudications. In fact, history books reveal that President Obama’s action follows a long line of presidents who relied on their executive branch authority to address immigration challenges. Read more...

Published On: Thu, Oct 02, 2014 | Download File

Refugees: A Fact Sheet

The need for international protection of refugees stemmed from the plight of displaced civilians in Europe during World War II. Most refugees are displaced from their country of origin to a neighboring country, and then resettled to a third country through international organizations like the Office of the United Nations High Commissioner for Refugees (UNHCR). The United States resettles more refugees than any other country, and these refugees go on to contribute to our communities and our economy.  

What is a refugee?

A refugee, as defined by Section 101(a)42 of the Immigration and Nationality Act (INA), is a person who is unable or unwilling to return to his or her home country because of a “well-founded fear of persecution” due to race, membership in a particular social group, political opinion, religion, or national origin. This definition is based on the United Nations 1951 Convention and 1967 Protocols relating to the Status of Refugees, which the United States became a party to in 1968. Following the Vietnam War and the U.S. experience of resettling Indochinese refugees, Congress passed the Refugee Act of 1980, which incorporated the Convention’s definition into U.S. law and provides the legal basis for today’s U.S. Refugee Admissions Program (USRAP).

How many refugees are there in the world?Read more...

Published On: Wed, Oct 01, 2014 | Download File

New American Investors Making a Difference in the Economy

The Immigrant Investor Program, also known as “EB-5,” has become an increasingly important source of investment for development projects in the United States, attracting billions of dollars to the U.S. economy and creating tens of thousands of jobs. However, the program is unlike any other managed by U.S. Citizenship and Immigration Services (USCIS) in that it is the only visa program whose stated purpose is to create jobs and growth. This mandate creates special challenges and opportunities. Read more...

Published On: Tue, Sep 30, 2014 | Download File

New Americans in the Voting Booth: The Growing Electoral Power of Immigrant Communities

The United States is in the midst of a major demographic transformation that has profound political consequences. Over the past couple of decades, the number of voters who are immigrants or the native-born children of immigrants (“New Americans”)—as well as members of the larger communities to which immigrants and their children belong (primarily Latinos and Asians)—has grown dramatically. Between 1996 and 2012, the number of New American registered voters rose by 10.6 million—an increase of 143.1 percent—and the number of registered voters who are Latinos or Asians and Pacific Islanders (APIs)  increased by 9.8 million. Conversely, fewer and fewer voters are native-born whites. Read more...

Published On: Tue, Sep 23, 2014 | Download File

Reimagining the Midwest: Immigration Initiatives and the Capacity of Local Leadership

Elected and civic leaders throughout the Midwest are recognizing that they have a role to play in shaping immigration policy despite inaction at the federal level, according to a report released by The Chicago Council on Global Affairs and the American Immigration Council.  Read more...

Published On: Mon, Sep 22, 2014 | Download File

Immigrant Women in the United States: A Portrait of Demographic Diversity

There are more than 20 million immigrant women and girls in the United States today, and they are a formidable presence in U.S. society and the U.S. economy. Immigrant women come from every corner of the globe and slightly outnumber immigrant men. Read more...

Published On: Wed, Sep 10, 2014 | Download File