Republican members of the House Judiciary Subcommittee on Immigration regrettably perpetuated the persistent myth of immigrant criminality with their forum on "The Toll of Illegal Alien Criminals on American Families." Lamar Smith (R-Texas) and Steve King (R-Iowa) spearheaded the conversation.
Today, in her first speech on immigration reform, Department of Homeland Security (DHS) Secretary Janet Napolitano spoke in great detail about the security and enforcement measures that her agency has taken under her tenure to enforce current immigration laws, but she noted "the more work we do, the more it becomes clear that the laws themselves need to be reformed."
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Washington D.C. - In a continuing effort to protect the right to judicial review and promote greater federal court oversight of immigration decisions, the American Immigration Council's Legal Action Center (LAC) recently submitted an amicus brief in another case involving a sua sponte motion to reopen. A three-judge panel in this case, Salado-Alva v. Holder, No. 10-73142 (9th Cir.), said that the Board of Immigration Appeals' denial of the sua sponte motion was not reviewable. The panel relied on prior cases holding that decisions on sua sponte motions "are committed to agency discretion." The LAC is urging the Ninth Circuit Court of Appeals to rehear the case en banc.
The LAC argues that under the U.S. Supreme Court's 2010 decision in Kucana v. Holder, the Board of Immigration Appeals cannot shield its decisions from judicial review by labeling decisions on sua sponte motions "discretionary." Only Congress can limit court review of motions to reopen, and it has not done so. Moreover, the result in this case is irreconcilable with other Ninth Circuit decisions. The petitioner is represented by the U.C. Davis Immigration Law Clinic.
Report reaffirms the economic case for welcoming immigrant entrepreneurs. A May 1 post on Immigration Impact highlighted an updated report from the Kauffman Foundation reaffirming that immigrant entrepreneurial activity is greater than that of the native-born population. As an article in Inc.com notes, “immigrants drove much of the new entrepreneurial activity at a rate nearly twice as high as U.S. natives.”Read more...
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...
A perceived weakness of the liberal argument on immigration is over-reliance on the concept of compassion. The perception is reinforced in part by reality, as liberals commonly call upon people to remember the importance of basic human solidarity and concern for others in the debate over immigration.