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Legalization

A Comparison of the DREAM Act and Other Proposals for Undocumented Youth

Each year, approximately 65,000 undocumented students graduate from American high schools. While many hope to pursue higher education, join the military, or enter the workforce, their lack of legal status places those dreams in jeopardy and exposes them to deportation. Over the last decade, there has been growing bipartisan consensus that Congress should provide legal immigration status for young adults who came to the country as children and graduated from American high schools. Read more...

Published On: Tue, Jun 05, 2012 | Download File

From Fingerprints to DNA: Biometric Data Collection in U.S. Immigrant Communities and Beyond

By Jennifer Lynch

The collection of biometrics—including fingerprints, DNA, and face-recognition ready photographs—is becoming more and more a part of society. Both the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) are in the process of expanding their biometrics databases to collect even more information, like face prints and iris scans. The expansion of biometric data collection, however, is uniquely affecting undocumented immigrants and immigrant communities. Under DHS’s Secure Communities program, for example, states are required to share their fingerprint data with DHS, thus subjecting undocumented and even documented immigrants in the United States to heightened fears of deportation should they have any interaction with law enforcement.

In this report, co-sponsored by the Electronic Frontier Foundation (EFF), author Jennifer Lynch explains the different technologies for collecting biometrics, as well as how that data is collected, stored and used. She raises concerns about data-sharing, legal protection, technological problems, then proposes changes to control and limit the storage of biometrics to benefit not only immigrants, but all people in the U.S. Read more...

Published On: Wed, May 23, 2012

How to Fix a Broken Border: A Three Part Series

In this three part series, former Arizona Attorney General Terry Goddard assesses current threats to our border security and calls for a coordinated, multi-dimensional, bi-national approach to cracking down on cartels. Goddard's suggestions for federal action include targeting cartel money, closing money-laundering loopholes, pursuing cartel leaders, and focusing border security on ports of entry.

Download the Executive SummaryRead more...

Published On: Thu, May 17, 2012

Falling through the Cracks

How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation

By Joan Friedland

While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases, the subject of immigrants without legal representation and their ability to access this discretion remains unresolved. In 2011, nearly half of all immigrants in removal proceedings appeared “pro se,” or without legal representation. While immigration attorneys can explain the effect of these policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Immigrant advocates have thus been rightly concerned about whether pro se immigrants in removal proceedings will benefit from Immigration and Customs Enforcement’s (ICE) prosecutorial discretion policies.

This paper lays out what immigration authorities can do to ensure that pro se immigrants understand what prosecutorial discretion is, how they can seek it, and what they should do after receiving (or not receiving) an offer of it.

 

Published On: Mon, May 14, 2012 | Download File

Violence Against Women Act (VAWA) Provides Protections for Immigrant Women and Victims of Crime

With approximately 19 million immigrant women and girls in the United States, nearly half of the foreign-born population is female. Unfortunately, many of these immigrant women, particularly those who are unauthorized, are vulnerable to abuse and exploitation. Immigrant women are more likely to experience exploitation while entering the country, while working, and even within their homes. For these and other reasons, federal law provides numerous forms of protection for immigrant women. This fact sheet provides basic information about three of the these forms of protections: “U” visas for victims of crime, “T” visas for victims of severe forms of trafficking, and “self-petitioning” under the Violence Against Women Act (VAWA). Read more...

Published On: Mon, May 07, 2012 | Download File

The Border: A Resource Page

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Published On: Fri, May 04, 2012

The Myth of "Self-Deportation"

How Behavioral Economics Reveals the Fallacies behind “Attrition through Enforcement”

By Alexandra Filindra, Ph.D.

The concept of “self-deportation” rests on a deceptively simple premise. According to its supporters, if the federal government invests more in enforcing immigration laws, and if states and localities take on additional immigration control responsibilities, the costs and risks of staying in the United States will increase substantially for undocumented immigrants. Faced with a high risk of being caught and imprisoned, “rational” undocumented residents will “give up and deport themselves” returning to their home countries rather than remain in the U.S.

However, preliminary evidence from studies conducted in states where such enforcement laws have been enacted shows that immigration restrictionists have gotten it wrong. Immigrant population in these states has remained in place and the predicted exodus never materialized. Economic factors, rather than enforcement, have played a far more important role in reducing the rate of undocumented entry into the United States.

This report uses important research findings from cognitive psychology and behavioral economics to explain why restrictionists have gotten it wrong and people do not behave in the “rational” way that restrictionists expect them to.

Published On: Mon, Apr 30, 2012 | Download File

Asians in America: A Demographic Overview

Asians in the United States are a highly diverse group that is growing fast not only in size, but in political and economic power as well. As data from the 2010 Census and other sources demonstrate, Asians comprise the fastest growing race group in the country. Two-thirds of all Asians are immigrants, the majority of whom have put down firm roots in this country. Nearly three-fifths of foreign-born Asians are naturalized U.S. citizens who are eligible to vote, and over half speak English “very well” or better. Asians as a whole (both foreign-born and native-born) are sizeable shares of the population and electorate in Hawaii and California, although their numbers are growing most rapidly in Nevada and Arizona. Of the major Asian groups, the Chinese population is the largest in size, but the number of Asian Indians is increasing the fastest. Asians tend to be well-educated, to work in professional jobs, and to own their own homes. They also wield significant economic clout. Asian businesses and consumers sustain millions of jobs and add hundreds of billions of dollars in value to the U.S. economy. Read more...

Published On: Thu, Apr 26, 2012 | Download File

Latinos in America: A Demographic Overview

Latinos in the United States are a diverse and fast-growing group that is amassing considerable economic and political power. As data from the 2010 Census and other sources demonstrate, Latinos now account for one-sixth of the U.S. population. Most Latinos were born in this country, but over one-third are immigrants. Latinos as a whole (both foreign-born and native-born) are sizeable shares of the population and electorate in New Mexico, California, and Texas, but the fastest growing Latino populations are in South Carolina, Alabama, and Tennessee. The Mexican population is by far the largest in size, but the number of Spaniards is increasing the fastest. Latinos work in a diverse range of occupations, and nearly half of Latino households are owner occupied. Latinos also wield significant economic clout. Latino businesses and consumers sustain millions of jobs and add hundreds of billions of dollars in value to the U.S. economy. Read more...

Published On: Thu, Apr 26, 2012 | Download File

Q&A on Office of Inspector General Reports on Secure Communities Program

In April 2012, the Department of Homeland Security (DHS) Office of Inspector General (OIG) released two long-awaited reports on the Secure Communities Program: Operations of United States Immigration and Customs Enforcement’s Secure Communities and Communication Regarding Participation in Secure Communities.

Why did the DHS OIG issue these reports?
The reports were issued at the request of Congresswoman Zoe Lofgren (D-CA) in April 2011 due to concerns about the implementation of Secure Communities, as well as concerns that DHS misled the public and local officials regarding whether the program was mandatory or voluntary.
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Published On: Tue, Apr 17, 2012 | Download File