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Removal Without Recourse: The Growth of Summary Deportations from the United States

The deportation process has been transformed drastically over the last two decades. Today, two-thirds of individuals deported are subject to what are known as “summary removal procedures,” which deprive them of both the right to appear before a judge and the right to apply for status in the United States. In 1996, as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Congress established streamlined deportation procedures that allow the government to deport (or “remove”) certain noncitizens from the United States without a hearing before an immigration judge. Two of these procedures, “expedited removal” and “reinstatement of removal,” allow immigration officers to serve as both prosecutor and judge—often investigating, charging, and making a decision all within the course of one day. These rapid deportation decisions often fail to take into account many critical factors, including whether the individual is eligible to apply for lawful status in the United States, whether he or she has long-standing ties here, or whether he or she has U.S.-citizen family members.

In recent years, summary procedures have eclipsed traditional immigration court proceedings, accounting for the dramatic increase in removals overall. As the chart below demonstrates, since 1996, the number of deportations executed under summary removal procedures—including expedited removal, reinstatement of removal, and stipulated removal (all described below)—has dramatically increased.

 

In Fiscal Year (FY) 2013, more than 70 percent of all people Immigration and Customs Enforcement (ICE) deported were subject to summary removal procedures.

Expedited Removal (INA § 235(b)) Read more...

Published On: Mon, Apr 28, 2014 | Download File

Living in Car Culture Without a License

By Sarah E. Hendricks, Ph.D

Community leaders in the United States increasingly recognize the contributions of immigrants to the growth of state and local economies, in both traditional and new immigrant destinations, as immigrants help revitalize declining communities and ailing economies. In recognition of these contributions, states and cities across the country are creating welcoming initiatives that seek to integrate and maximize the contributions of immigrant workers and entrepreneurs of all backgrounds, without an emphasis on legal status. On a parallel track in terms of initiatives that facilitate the integration of foreign-born arrivals, some states offer driver’s licenses to unauthorized immigrants. Many more states are considering it. This makes sense given that the United States is among the top motor-vehicle dependent countries in the world. States that do not offer driver’s licenses to unauthorized immigrants will limit the contributions that immigrant communities as a whole can potentially make, are likely to face negative economic and public safety consequences, and tend to fail in attempts to use such restrictive state-level policies to reduce the presence of unauthorized immigrants.

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Published On: Thu, Apr 24, 2014 | Download File

The Growth of the U.S. Deportation Machine

More Immigrants are being “Removed” from the United States than Ever Before

Despite some highly public claims to the contrary, there has been no waning of immigration enforcement in the United States. In fact, the U.S. deportation machine has grown larger in recent years, indiscriminately consuming criminals and non-criminals alike, be they unauthorized immigrants or long-time legal permanent residents (LPRs). Deportations under the Obama administration alone are now approaching the two-million mark. But the deportation frenzy began long before this milestone. The federal government has, for nearly two decades, been pursuing an enforcement-first approach to immigration control that favors mandatory detention and deportation over the traditional discretion of a judge to consider the unique circumstances of every case. The end result has been a relentless campaign of imprisonment and expulsion aimed at noncitizens—a campaign authorized by Congress and implemented by the executive branch. While this campaign precedes the Obama administration by many years, it has grown immensely during his tenure in the White House. In part, this is the result of laws which have put the expansion of deportations on automatic. But the continued growth of deportations also reflects the policy choices of the Obama administration. Rather than putting the brakes on this non-stop drive to deport more and more people, the administration chose to add fuel to the fire.

IRCA and the New Era of DeportationsRead more...

Published On: Wed, Apr 09, 2014 | Download File

H-1B Program’s Impact on Wages, Jobs, and the Economy

Every year, U.S. employers seeking highly skilled foreign professionals have rolled the dice on April 1 and submitted their applications for the limited pool of H-1B visas available each fiscal year. With only 65,000 visas available for new hires - and 20,000 additional visas for foreign professionals who graduate with a Master’s or Doctorate from a U.S. university - in recent years demand has far outstripped the supply and the cap has been quickly reached. Understanding the H-1B process is important to understanding the vital economic role that higher-skilled immigration plays in growing our economy and creating new opportunities for native and foreign-born workers alike. H-1B workers do not harm native-born workers’ job opportunities, are not poorly compensated, and are not “cheap foreign labor.” In fact, their presence often leads to higher wages and more job opportunities. Highly skilled immigrants complement their native-born peers; they do not substitute for them. This is true throughout high-skilled occupations, but is particularly true in science, technology, engineering, and mathematics (STEM) fields. Arguments that foreign-born workers and immigrants are depressing wages or displacing native-born workers are contradicted by the available evidence. The following guide answers the questions most often asked and debunks the most prevalent myths about the H-1B program.

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Published On: Wed, Apr 02, 2014 | Download File

Misplaced Priorities: Most Immigrants Deported by ICE in 2013 Were a Threat to No One

No one can say with certainty when the Obama administration will reach the grim milestone of having deported two million people since the President took office in 2008. Regardless of the exact date this symbolic threshold is reached, however, it is important to keep in mind a much more important fact: most of the people being deported are not dangerous criminals. Despite claims by U.S. Immigration and Customs Enforcement (ICE) that it prioritizes the apprehension of terrorists, violent criminals, and gang members, the agency’s own deportation statistics do not bear this out. Rather, most of the individuals being swept up by ICE and dropped into the U.S. deportation machine committed relatively minor, non-violent crimes or have no criminal histories at all. Ironically, many of the immigrants being deported would likely have been able to remain in the country had the immigration reform legislation favored by the administration become law.

ICE’s skewed priorities are apparent from the agency’s most recent deportation statistics, which cover Fiscal Year (FY) 2013. However, it takes a little digging to discern exactly what those statistics mean. The ICE report containing these numbers is filled with ominous yet cryptic references to “convicted criminals” who are “Level 1,” “Level 2,” or “Level 3” in terms of their priority. But when those terms are dissected and analyzed, it quickly becomes apparent that most of these “criminal aliens” are not exactly the “worst of the worst.”

The agency defines three “priorities for the apprehension, detention, and removal of aliens”:Read more...

Published On: Fri, Mar 28, 2014 | Download File

A Guide to H.R. 15: The Border Security, Economic Opportunity, and Immigration Modernization Act

On October 2, 2013, Democrats in the House of Representatives proposed an immigration reform bill addressing border security, legalization of the undocumented, interior enforcement of immigration laws, and fixes for our dysfunctional legal immigration programs. The bill is based on S.744, the bipartisan bill passed by the Senate by a vote of 68-32 on June 27, 2013. However, the bill removes the Corker-Hoeven border security amendment and replaces it with the bipartisan House border security bill, H.R. 1417, which was passed unanimously by the Homeland Security Committee in May 2013.

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Published On: Wed, Mar 26, 2014 | Download File

What’s on the Menu? Immigration Bills Pending in the House of Representatives in 2014

During the first session of the 113th Congress, more than half-a-dozen immigration bills were introduced in the House of Representatives, but no major immigration-related legislation had made it to the House floor by the end of 2013. The following discussion outlines some of the significant immigration bills introduced in 2013 and 2014 and provides analysis of their key points.

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Published On: Wed, Mar 26, 2014 | Download File

Immigrant Entrepreneurs and Innovators across the United States

Across the United States of America, there is no doubt that immigrant entrepreneurs and innovators play an important role. Immigrant entrepreneurs bring in additional revenue, create jobs, and contribute significantly to the economy. Immigrant small business owners contribute in many ways to their local communities. Furthermore, highly skilled immigrants are vital to the country’s innovation industries, and to the many metropolitan areas across the nation, helping to boost local economies.

Immigrant entrepreneurs contribute greatly to the United States’ economy.

The United States is home to many successful companies with at least one founder who was an immigrant or child of an immigrant. In 2010, more than 40 percent of the Fortune 500 companies were founded by immigrants (90 companies) or children of immigrants (114 companies), according to the Partnership for a New American Economy.Read more...

Published On: Tue, Mar 11, 2014 | Download File

South Dakota: Immigrant Entrepreneurs and Welcoming Initiatives in the Mount Rushmore State

In South Dakota, there is no doubt that immigrant entrepreneurs and innovators play an important role. Immigrant entrepreneurs bring in additional revenue, create jobs, and contribute significantly to the state’s economy. Highly skilled immigrants are vital to the state’s innovation industries, and to the metropolitan areas within the state, helping to boost local economies. Furthermore, local government, business, and non-profit leaders recognize the importance of immigrants in their communities and support immigration through local “welcoming” and integration initiatives.

Immigrant entrepreneurs contribute to South Dakota’s economy.

  • From 2006 to 2010, there were 606 new immigrant business owners in South Dakota, and in 2010, 1.2 percent of all business owners in South Dakota were foreign-born.
  • In 2010, new immigrant business owners had a total net business income of $13.1 million, which is 0.5 percent of all net business income in the state.

Highly skilled immigrants are vital to South Dakota’s innovation industries, which in turn helps lead American innovation and creates jobs.Read more...

Published On: Sun, Mar 09, 2014 | Download File

Understanding H.R. 3431: The American Families United Act

On October 30, 2013, Representatives Steve Pearce (R-NM) and Beto O’Rourke (D-TX) announced the introduction of H.R. 3431, the American Families United Act (AFUA). Co-sponsors as of January 2014 included Jim Costa (D-CA) and James McGovern (D-MA). This bipartisan immigration bill approaches immigration reform from a unique angle, focusing on amendments to the system that address the separation of immigrants from their U.S. family members. The bill expands the discretionary authority of government officials to waive minor violations of law, but does not create new mechanisms for legalizing undocumented individuals. Thus, in contrast to S. 744, the comprehensive immigration bill passed by the Senate in 2013, the AFUA focuses on a narrower group of individuals who might be eligible for lawful permanent residence under current standards if not for certain legal obstacles.Read more...

Published On: Sat, Mar 01, 2014 | Download File