This issue covers the Supreme Court’s grant of certiorari in an immigration case involving whether a second drug possession offense is an aggravated felony, a new LAC resource on motions to suppress, favorable court of appeals’ decisions on detention and crimes of violence, and res judicata in removal proceedings.
Republican lawmakers Rep. Lamar Smith and Sen. Chuck Grassley made good on promises to target undocumented immigrant workers when they filed twin bills in Congress this week that would create a federal mandate forcing virtually all employers to use the database E-Verify to establish their workers’ immigration status. Smith has pitched his Legal Workforce Act as an immigration enforcement bill with a twist; he imagines it also as a job creation bill that would protect U.S. jobs from undocumented workers in an aching economy.
Immigrant rights groups have rejected that claim, calling the bill a bald attack on immigrant communities that would instead hurt the economy and make mandatory a deeply flawed immigration enforcement tool.
“This legislation is another example of putting cheap political maneuvers ahead of the interests of American workers,” said Clarissa Martínez De Castro, the director of immigration and national campaigns for the National Council of La Raza. “It will do nothing to create jobs, it will place a burden on all job-seeking U.S. citizens and legal immigrants, and it will not fix our broken immigration system.”
Smith’s bill, HR 2164, calls for nearly every employer with one or more worker to use E-Verify to check the work eligibility of both prospective and new hires. Current law calls for employers to use the system after workers are hired. HR 2164 would also decrease the number of acceptable documents that workers can use to prove their immigration status and work eligibility and would make it a felony to use a false Social Security number. The bill would be phased in over the course of the next three years.Read more...
In contrast to the criminal system, virtually no safeguards exist in removal proceedings for respondents with mental disabilities. Each year, untold numbers of noncitizens with mental disabilities are ordered deported without access to counsel or any assessment of their cognitive capabilities. The issue has taken on greater urgency following extensive reports of the challenges that immigrants with mental disabilities face in removal proceedings, as well as alarming accounts of the mistaken deportation of U.S. citizens with mental disabilities. This page contains summaries of recent and ongoing cases regarding the rights of noncitizens with mental disabilities.
In addition to recommendations of cities to visit during the holidays and a guide to office gift exchanges, this holiday issue includes an alum's memories of a road trip in Texas and the exchange visitor of the month's encounter with a friendly bus driver in Chicago.
As election season nears, immigration will undoubtedly be cast into the national spotlight as a hot-button campaign issue for many candidates. But as public officials make broad statements about U.S. immigration policy — widely acknowledged to be a broken system — a new study shows that the reality of immigration may be far different from what the political rhetoric implies.
A new study from the Pew Hispanic Center and the RAND Corporation focusing on Mexican migration patterns into the U.S. shows that immigration from Mexico has waned in recent years, and that fewer Mexicans are leaving for the U.S. “The number of Mexicans annually leaving Mexico for the U.S. declined from more than one million in 2006 to 404,000 in 2010 – a 60% reduction,” the report states.
However, while Mexican immigration to the U.S. declined over the past decade, the study also shows that the Mexican-American population grew rapidly. From 2000 to 2010, births increased the Mexican-American population by 7.2 million, while immigration increased it by 4.2 million. The decade marked a turnaround from the previous two decades, when the number of new immigrants outpaced the number of births in the Mexican-American community.
What’s the impetus for such a shift? The report explains:
On the U.S. side, declining job opportunities and increased border enforcement may have made the U.S. less attractive to potential Mexican immigrants. And in Mexico, recent strong economic growth may have reduced the “push” factors that often lead Mexicans to emigrate to the U.S.Read more...
Flores-Villar v. United States, 564 U. S. ___, 131 S. Ct. 2312, (2011)
The Supreme Court affirmed the Ninth Circuit’s decision in a case involving whether two former citizenship provisions in the INA violate equal protection. These sections imposed a five-year residence requirement, after the age of fourteen, on U.S. citizen fathers -- but not on U.S. citizen mothers -- before they may transmit citizenship to a child born out of wedlock abroad to a noncitizen. Read more...