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Immigration Fact Checks provide up-to-date information on the most current issues involving immigration today.

Understanding Initial Legal Challenges to Immigration Accountability Executive Action

On November 20 and 21, 2014, President Barack Obama announced a series of administrative reforms of immigration policy, collectively called the Immigration Accountability Executive Action. These reforms center on plans to expand eligibility for the current Deferred Action for Childhood Arrivals (DACA) initiative, and to create a Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative for the parents of U.S citizens and lawful permanent residents who meet certain criteria. Both DACA and DAPA derive from the executive branch’s authority to exercise discretion in the prosecution and enforcement of immigration cases. In both instances, the President has authorized the Department of Homeland Security (DHS) to defer for three years the deportation of qualified individuals who pose no threat to the United States in the hope that Congress will finally undertake comprehensive, more permanent immigration reform.

Within hours of the announcement, notorious Maricopa County, Arizona Sheriff Joe Arpaio challenged the President’s plan to defer deportations in a Washington, D.C., federal court. Shortly thereafter, representatives of 17 states filed a similar case in a Brownsville, Texas, federal court, with 9 other states later joining the lawsuit. On the other hand, twelve states and the District of Columbia, 33 U.S. cities (led by New York, Chicago, Houston and Los Angeles), and 27 heads of local law enforcement agencies filed “friend-of-the-court” briefs supporting the President’s plan. The cities supporting the President’s program contain more undocumented immigrants than the states opposing it.

The U.S. Government opposed both lawsuits on the grounds that the President’s actions were a lawful use of prosecutorial discretion, and that the plaintiffs lacked “standing” to bring their cases, since plaintiffs were not harmed. Both arguments are supported by a wide range of law professors and experts.Read more...

Published On: Thu, Mar 12, 2015 | Download File

Only the Beginning: The Economic Potential of Executive Action on Immigration

The series of executive actions on immigration which President Obama announced on November 20, 2014, would have a beneficial—if modest—impact on the U.S. economy. Specifically, the president’s actions are likely to increase Gross Domestic Product (GDP), reduce the federal deficit, and raise both tax revenue and average wages—all without having any appreciable impact on native-born employment. Most, though not all, of these economic gains would flow from two actions in particular: creation of a new Deferred Action for Parental Accountability (DAPA) program, which would grant temporary relief from deportation, as well as work authorization, to some unauthorized parents of U.S. citizens or lawful permanent residents; and expansion of the Deferred Action for Childhood Arrivals (DACA) program, which offers relief from deportation and work authorization to qualified young adults who were brought to the United States as children. However, research suggests that comprehensive immigration reform legislation would yield even greater economic benefits than the programs created through executive action. Read more...

Published On: Wed, Mar 11, 2015 | Download File

Immigration Executive Action Impact on the States: Montana

The series of executive actions on immigration, which President Obama announced on November 20, 2014, promises to benefit the U.S. economy.  Most, though not all, of these economic gains would flow from the two deferred action initiatives:  Deferred Action for Parental Accountability (DAPA), which will grant temporary relief from deportation and work authorization to some unauthorized parents of U.S. citizens or lawful permanent residents; and expanded Deferred Action for Childhood Arrivals (DACA), which offers the same relief to qualified young adults who were brought to the United States as children. This fact sheet provides a snapshot of what executive action will mean for Montana, including the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to the state. The fact sheet also provides background on the immigrant, Latino, and Asian population in Montana and their current contributions to the state’s economy. 

Estimates of the population eligible to participate in executive action programs represent only a small portion of the total number of immigrants in Montana.   Read more...

Published On: Tue, Mar 10, 2015 | Download File

Immigration Executive Action Impact on the States: Indiana

The series of executive actions on immigration, which President Obama announced on November 20, 2014, promises to benefit the U.S. economy.  Most, though not all, of these economic gains would flow from the two deferred action initiatives:  Deferred Action for Parental Accountability (DAPA), which will grant temporary relief from deportation and work authorization to some unauthorized parents of U.S. citizens or lawful permanent residents; and expanded Deferred Action for Childhood Arrivals (DACA), which offers the same relief to qualified young adults who were brought to the United States as children. This fact sheet provides a snapshot of what executive action will mean for Indiana, including the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to the state. The fact sheet also provides background on the immigrant, Latino, and Asian population in Indiana and their current contributions to the state’s economy. 

Estimates of the population eligible to participate in executive action programs vary, but represent only a small portion of the total number of immigrants in Indiana.   Read more...

Published On: Tue, Mar 10, 2015 | Download File

Immigration Executive Action Impact on the States: North Dakota

The series of executive actions on immigration, which President Obama announced on November 20, 2014, promises to benefit the U.S. economy.  Most, though not all, of these economic gains would flow from the two deferred action initiatives:  Deferred Action for Parental Accountability (DAPA), which will grant temporary relief from deportation and work authorization to some unauthorized parents of U.S. citizens or lawful permanent residents; and expanded Deferred Action for Childhood Arrivals (DACA), which offers the same relief to qualified young adults who were brought to the United States as children. This fact sheet provides a snapshot of what executive action will mean for North Dakota, including the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to the state. The fact sheet also provides background on the immigrant, Latino, and Asian population in North Dakota and their current contributions to the state’s economy. 

Estimates of the population eligible to participate in executive action programs represent only a small portion of the total number of immigrants in North Dakota.   Read more...

Published On: Tue, Mar 10, 2015 | Download File

Immigration Executive Action Impact on the States: Maine

The series of executive actions on immigration, which President Obama announced on November 20, 2014, promises to benefit the U.S. economy.  Most, though not all, of these economic gains would flow from the two deferred action initiatives:  Deferred Action for Parental Accountability (DAPA), which will grant temporary relief from deportation and work authorization to some unauthorized parents of U.S. citizens or lawful permanent residents; and expanded Deferred Action for Childhood Arrivals (DACA), which offers the same relief to qualified young adults who were brought to the United States as children. This fact sheet provides a snapshot of what executive action will mean for Maine, including the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to the state. The fact sheet also provides background on the immigrant, Latino, and Asian population in Maine and their current contributions to the state’s economy. 

Estimates of the population eligible to participate in executive action programs represent only a small portion of the total number of immigrants in Maine.   Read more...

Published On: Tue, Mar 10, 2015 | Download File

Immigration Executive Action Impact on the States: West Virginia

The series of executive actions on immigration, which President Obama announced on November 20, 2014, promises to benefit the U.S. economy.  Most, though not all, of these economic gains would flow from the two deferred action initiatives:  Deferred Action for Parental Accountability (DAPA), which will grant temporary relief from deportation and work authorization to some unauthorized parents of U.S. citizens or lawful permanent residents; and expanded Deferred Action for Childhood Arrivals (DACA), which offers the same relief to qualified young adults who were brought to the United States as children. This fact sheet provides a snapshot of what executive action will mean for West Virginia, including the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to the state. The fact sheet also provides background on the immigrant, Latino, and Asian population in West Virginia and their current contributions to the state’s economy. 

Estimates of the population eligible to participate in executive action programs represent only a small portion of the total number of immigrants in West Virginia.   Read more...

Published On: Tue, Mar 10, 2015 | Download File

Immigration Executive Action Impact on the States: Missouri

The series of executive actions on immigration, which President Obama announced on November 20, 2014, promises to benefit the U.S. economy.  Most, though not all, of these economic gains would flow from the two deferred action initiatives:  Deferred Action for Parental Accountability (DAPA), which will grant temporary relief from deportation and work authorization to some unauthorized parents of U.S. citizens or lawful permanent residents; and expanded Deferred Action for Childhood Arrivals (DACA), which offers the same relief to qualified young adults who were brought to the United States as children. This fact sheet provides a snapshot of what executive action will mean for Missouri, including the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to the state. The fact sheet also provides background on the immigrant, Latino, and Asian population in Missouri and their current contributions to the state’s economy. 

Estimates of the population eligible to participate in executive action programs vary, but represent only a small portion of the total number of immigrants in Missouri.   Read more...

Published On: Tue, Mar 10, 2015 | Download File

Immigration Executive Action Impact on the States: Delaware

The series of executive actions on immigration, which President Obama announced on November 20, 2014, promises to benefit the U.S. economy.  Most, though not all, of these economic gains would flow from the two deferred action initiatives:  Deferred Action for Parental Accountability (DAPA), which will grant temporary relief from deportation and work authorization to some unauthorized parents of U.S. citizens or lawful permanent residents; and expanded Deferred Action for Childhood Arrivals (DACA), which offers the same relief to qualified young adults who were brought to the United States as children. This fact sheet provides a snapshot of what executive action will mean for Delaware, including the potential number of applicants for the deferred action initiatives, and the economic benefits DAPA and DACA will bring to the state. The fact sheet also provides background on the immigrant, Latino, and Asian population in Delaware and their current contributions to the state’s economy.

Estimates of the population eligible to participate in executive action programs vary, but represent only a small portion of the total number of immigrants in Delaware.  Read more...

Published On: Tue, Mar 10, 2015 | Download File

Reagan-Bush Family Fairness: A Chronological History

From 1987 to 1990, Presidents Ronald Reagan and George Bush, Sr. used their executive authority to protect from deportation a group that Congress left out of its 1986 immigration reform legislation—the spouses and children of individuals who were in the process of legalizing. These “Family Fairness” actions were taken to avoid separating families in which one spouse or parent was eligible for legalization, but the other spouse or children living in the United States were not—and thus could be deported, even though they would one day be eligible for legal status when the spouse or parent legalized. Publicly available estimates at the time were that “Family Fairness” could cover as many as 1.5 million family members, which was approximately 40 percent of the then-unauthorized population. After Reagan and Bush acted, Congress later protected the family members. This fact sheet provides a chronological history of the executive actions and legislative debate surrounding Family Fairness.

November 6, 1986:

 

President Reagan signs the Simpson-Mazzoli Immigration Reform and Control Act (IRCA). The legislation makes certain immigrants eligible for temporary legal status and eventually green cards, primarily (1) those “continuously” present in the U.S. since January 1, 1982 (the general legalization provisions), and (2) special agricultural workers (SAW). At the time, roughly 3 million people are thought to be eligible to legalize, although that number will rise by 1990, due to an unexpectedly large number of SAW applicants, and litigation by several hundred thousand persons who claimed eligibility for the general legalization provisions.Read more...

Published On: Tue, Dec 09, 2014 | Download File