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What the Drop in Illegal Residency Means for Immigration Reform

Published on Fri, Sep 03, 2010

But Mary Giovagnoli, director of the more liberal Immigration Policy Institute, sees the Pew study as extra motivation to pass comprehensive immigration reform, including a legalization program for those already in the country. "I think it overall provides us with a healthy reality check on the fact that despite the claims that the country's being overrun and that all of these problems are the result of illegal immigrants, the amount of illegal immigration is, in proportion to the overall population and even in terms of overall numbers, declining," she says. "We need to seize upon that and build a smart immigration overhaul where now, with these statistics in play, we can figure out how to get it right."

The number of illegal immigrants has historically vacillated alongside the country's economic fortunes, Giovagnoli points out. "One of the overall best ways to ensure that we don't have continued loops of illegal immigration is to ensure that we have a combination of improvements to our permanent legal system and to our guest worker programs," she says. "We know that enforcement alone can't handle the situation."

Published in the Atlantic Monthly

Prosecutorial Discretion

Under the President’s Immigration Accountability Executive Action, prosecutorial discretion will be exercised differently. In addition to the announcement of a new DACA-like deferred action program for the parents of U.S. citizens and lawful permanent residents, the Immigration Accountability Executive Action expands the existing DACA program and sets forth new enforcement priorities that will bind ICE, USCIS and CBP. For more information on these changes, please see the American Immigration Council’s guide to the President’s Immigration Accountability Executive Action here.

The American Immigration Council is currently developing new resources on prosecutorial discretion

 

Prosecutorial discretion is the authority of a law enforcement agency or officer to decide whether to enforce the law in a particular case. In the immigration context, favorable exercises of prosecutorial discretion include grants of deferred action, stays of removal, and decisions to cancel or not issue a Notice to Appear (NTA). Since 2000, the legacy Immigration and Naturalization Service and current DHS agencies have issued more than a dozen guidance memoranda addressing prosecutorial discretion. The LAC has issued a practice advisory suggesting ways that immigration attorneys can influence the favorable exercise of prosecutorial discretion by DHS, and filed an amicus brief relating to the exercise of prosecutorial discretion in a Ninth Circuit case.Read more...

Made In America

Myths & Facts about Birthright Citizenship

Washington D.C. - The Fourteenth Amendment of the Constitution affirms that all persons born in the United States (and subject to its jurisdiction) have a birthright to citizenship, or, in other words, are automatically U.S. Citizens upon birth. During the last presidential election cycle the issue of birthright citizenship was used to challenge the legitimacy of both major parties' candidates. And this year, like every other, bills will be introduced in Congress to deny U.S. citizenship to the children of unauthorized immigrants as a "cure" to our broken immigration system.  However, what are the legal and practical issues surrounding birthright citizenship? What does the Constitution provide for and what is at stake when it comes to preserving the birthrights of our citizens? Read more...

The Next Arizona

Published on Thu, Oct 28, 2010

After Arizona passed its crackdown law on illegal immigration, SB 1070, politicians across the country said they planned to introduce similar legislation in their states — even after the Justice Department sued Arizona for overstepping its authority to police immigration. Via Immigration Impact, pro-immigration business coalition Immigration Works USA released a report on which states are most likely to go through with their plans. Based on past enforcement policies and Republican support, four states were deemed likely to pass copycat laws: Georgia, Mississippi, Oklahoma and South Carolina.

Published in the The Washington Independent

Litigation Clearinghouse Newsletter Vol. 4, No. 4

This issue covers a class action brought by religious workers seeking to file visa petitions and adjustment of status applications concurrently, circuit court decisions addressing IJ denials of continuances, updated AILF Litigation Issue Pages, a Favorable Fifth Circuit decision on the FTCA, and a new Eighth Circuit resource for litigators.

Published On: Thursday, March 26, 2009 | Download File

Immigration bill would cost state $40 million a year

Published on Thu, Jan 20, 2011

If all illegal immigrants were removed, the state would lose $1.7 billion in economic activity, $756.8 million in gross state product and 12,059 jobs, according to the non-profit Immigration Policy Center. In a statement accompanying its report, the center opposed SB6 and an earlier, similar Arizona measure now tied up in the federal appellate courts.

"As Kentucky faces a $780 million budget shortfall in fiscal year 2011, state legislators are currently pursuing a costly and short-sighted 'papers please' law," the center said in its statement. "Senate Bill 6 is a copycat of Arizona's SB1070. ... Kentucky should consider the following evidence before continuing to pursue this kind of immigration legislation."

Published in the Lexington Herald Leader

Litigation Clearinghouse Newsletter Vol. 1, No. 21

This issue covers Supreme Court developments, a class action to restore SSI benefits to immigrants, suits challenging anti-immigrant ordinances, and federal court jurisdiction to review an L-1A extension denial.

Published On: Thursday, December 7, 2006 | Download File

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