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Utah’s immigration bills – a blast from the past

Published on Fri, Mar 18, 2011

The new face of immigration "reform"? Republican Utah Governor Gary Herbert. (Photo by Chip Somodevilla/Getty Images)

Labor supply programs for employers, with deportations and diminished rights for immigrants, have marked U.S. immigration policy for more than 100 years.

Last week the Utah legislature passed three new laws that have been hailed in the media as a new, more reasonable, approach to immigration policy. Reasonable, that is, compared to Arizona’s S.B. 1070, which would allow police to stop anyone, demand immigration papers and hold her or him for deportation. Utah’s law was signed by Republican Governor Gary Herbert on Tuesday, March 15. Arizona’s S.B. 1070 is currently being challenged in court.

Utah’s bills were called “the anti-Arizona” by Frank Sharry, head of America’s Voice, a Washington D.C. immigration lobbying firm. According to Lee Hockstader, on the Washington Post’s editorial staff, the laws are “the nation’s most liberal—and most reality-based—policy on illegal immigration.”

The Utah laws, however, are not new. And they’re certainly not liberal, at least towards immigrants and workers. Labor supply programs for employers, with deportations and diminished rights for immigrants, have marked U.S. immigration policy for more than 100 years.Read more...

Published in the In These Times

Litigation Clearinghouse Newsletter Vol. 5, No. 3

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This issue covers lawsuits challenging Arizona’s immigration enforcement law SB 1070; two Supreme Court decisions issued this spring involving immigrants; a lawsuit challenging continued detention after the expiration of a detainer; an overview of several “material support” mandamus cases challenging delay in adjudicating adjustment applications, and important reminders from the LAC (including dates and locations for the Council’s litigation and detention meetings at AILA’s Annual Conference, as well as LAC litigation and practice advisory updates).

Published On: Friday, May 21, 2010 | Download File

Dear Eva Longoria, Obama Is Lying to You About His Immigration Policy

Published on Mon, May 09, 2011

Hi Eva, I hope it’s okay that I address you by your first name.

We’re big fans of you over here at Colorlines. There are some very committed Desperate Housewives fans on staff, but I think I started following your political work after I heard you were going back to school to get your master’s in Chicano Studies at CSU Northridge. (Yay, public education!) And you won me over when you came out in support of the DREAM Act. You use your celebrity for good, and are community-minded, too.

But, okay, enough gushing. The real reason I’m writing is to let you know you’re being lied to. Well, you and the dozen other Latina and Latino celebrities including America Ferrera, Emilio Estefan and Rosario Dawson who were at the recent White House meeting to discuss, according to the White House, “the importance of fixing the broken immigration system … so that America can win the future.”

President Obama’s been getting a bunch of heat recently from immigrant rights groups, and even members of Congress, who are demanding that he use his executive authority to halt the deportation of certain groups, including DREAM Act-eligible youth. The DREAM Act would allow undocumented youth who’ve grown up in the country to eventually become eligible for citizenship if they cleared a long list of hurdles and committed two years to the military or education. Obama’s administration heartily supported it; his education, labor, homeland security and defense secretaries—even his agriculture secretary!—all made strong public statements announcing their unequivocal support of the bill when it was being debated in Congress last December. But after it failed, Obama’s kept on deporting would-be beneficiaries anyway.Read more...

Published in the Colorlines Magazine

Customs and Border Protection (CBP)

For years, U.S. Customs and Border Protection (CBP), the component of the Department of Homeland Security tasked with preventing illegal entries into the United States, has employed unlawful tactics that violate the rights of U.S. citizens and noncitizens alike.  The public knows relatively little about CBP’s activities, and this lack of transparency has made it difficult to hold CBP officers, including Border Patrol agents, accountable for misconduct.  The LAC is engaged in administrative advocacy and litigation intended to expose CBP’s unlawful practices and promote policies that safeguard the civil liberties of all persons who cross our borders.

CASES

Lawsuit Seeking Damages on Behalf of Four-Year-Old U.S. Citizen Wrongly Detained and Returned to Guatemala

Leonel Ruiz o/b/o E.R. v. U.S., No. 1:13-cv-01241 (E.D.N.Y. filed March 8, 2013)

In March, 2013, the American Immigration Council, in collaboration with Cleary, Gottlieb, Steen & Hamilton, filed a lawsuit alleging that CBP officers at Dulles Airport in Virginia unlawfully detained a U.S. citizen child for more than twenty hours, deprived her of contact with her parents, and then effectively deported her to Guatemala.  The case was one of ten complaints filed the same week to highlight CBP abuses along the northern and southern borders.  (For more information, see CBP Abuse of Authority.) Read more...

Yves Thiers Takes On Texas

August, 2010

The International Exchange Center is proud to announce Yves Thiers as this month’s Exchange Visitor of the Month. Yves came to the United States from Belgium soon after graduating with a Master of Industrial Science degree. He hoped to be able to gain hands on knowledge of the engineering projects he studied at university. His host company, Dal-Tile Corporation, was just the place for this. Dal-Tile Corporation is a tile manufacturer and distributor based out of Dallas, TX. Read more...

Rep. Hansen Clarke and 3 Facts About Undocumented Immigration

Published on Wed, Jul 13, 2011

At a recent event in Detroit organized by the Alliance for Immigrants Rights to address local racial profiling of Latinos by ICE, U.S. Rep. Hansen Clarke took a step that few people — let alone politicians — take: he admitted that his father was likely an undocumented immigrant.

Clarke told community members, “I’m the son of an undocumented immigrant — and I’m proud to say that.” Clarke spoke at the forum at Hope of Detroit Academy, a school targeted in March by ICE agents who are now being investigated after going after parents as they dropped their kids off at school.

Clarke is of African-American and Bangladeshi descent. His African-American mother raised him as a single parent after his father who emigrated from Bangladesh, passed away when Hansen was eight years old. Hansen, the first U.S. Congressman of Bangladeshi descent, told the Detroit Free Press his father was ” ‘more than likely undocumented’ when he came to the U.S. His father immigrated in the 1930’s from pre-Partition India, then under British rule, and died in 1965.” (We would have liked to link back to the Free Press article, but are tired of linking to articles with the i-word in the title, especially as this man did not call his father “illegal.”)

In this anti-immigrant climate, Rep. Clarke took some political risk in admitting something about his family’s past that many other public officials would also be correct in disclosing. One of the most popular comebacks from a range of people — including minutemen border militia, hardcore immigration restrictionists like Numbers USA and the like, and both Republicans and Democrats — is that people need to get papers the “legal” way and “get in line,” just like their parents or grandparents or some ancestor did.Read more...

Published in the Colorlines Magazine

Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen

Kucana v. Holder, 558 U.S. 233 (2010)

 

In a unanimous decision, the Supreme Court held that the courts of appeals have jurisdiction to review a BIA decision denying a motion to reopen. Read more...

History of Executive Branch Authority in Immigration

Published on Fri, Sep 02, 2011

Today, the Immigration Policy Center releases Using All the Tools in the Toolbox: How Past Administrations Have Used Executive Branch Authority in Immigration by Mary Giovagnoli, Esq. The paper examines the political battle over implementation of provisions of the Nicaraguan Adjustment and Central American Relief Act (NACARA) during the late 1990s.

It also looks at the role of executive branch authority during a key moment in the Bush Administration’s work on comprehensive immigration reform. Using the tools of executive branch authority, both the Clinton and Bush Administrations made the most of what the law had to offer, staying within the letter of the law, but opting for interpretations that reflected differing, but legally permissable, readings of the law. This lesson is worth recalling in the fight over prosecutorial discretion and administrative relief today.

The Department of Homeland Security’s (DHS) plan to review 300,000 immigration cases to assess whether they fall within the Administration’s enforcement priorities has already inflamed critics. Because the Administration may close some low priority cases in order to focus its limited resources on more serious cases, critics are immediately claiming this is an “amnesty.” But the DHS announcement is about using executive branch authority—in this case, prosecutorial discretion—to carry out its policy priorities.Read more...

Published in the Hispanically Speaking