President Obama’s Executive Actions on Immigration – Update – May 2016

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President Obama’s Executive Actions on Immigration – Update

By Board Certified Houston Immigration Attorney Ruby L. Powers

Powers Law Group, P.C.

May 23, 2016

On November 20, 2014, President Obama announced a series of executive actions to limit illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

The two initiatives, most important to many immigrants, include expanded DACA and DAPA:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years.
  • Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents program (DAPA), provided they have lived in the United States continuously since January 1, 2010, and pass required background checks.

Due to a federal court order initiated from the state of Texas from February 16, 2015, USCIS was not able to accept requests for the expansion of DACA on February 18, 2015 as originally planned and suspended implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The court’s temporary injunction, issued February 16, did not affect the existing DACA. Individuals could continue with requesting an initial grant of DACA or renewal of DACA under the original guidelines.

The federal court order litigation escalated to the Supreme Court. On April 18, 2016, the Supreme Court heard oral arguments in United States v. Texas. There are only eight justices, normally nine, currently on the bench after Justice Alito Scalia’s February 2016 passing. If there is a tie of 4-4 at the Supreme Court, then the case will be sent back to the 5th Circuit, which will maintain the unfavorable ruling for immigrants.  It is believed Justice Scalia’s death will not affect the decision as he would have ruled against it anyway.

It is thought that since the case has a mixture of issues not only immigration law but also on legal points of standing and executive power, that the case might be favorable to the Administration and immigrants with a 5-3 holding and possibly a narrow decision on use of executive power. Listening to the justices during the oral argument, it didn’t seem like they believed that Texas would be so inconvenienced by issuing driver’s licenses to all people who are approved DAPA and expanded DACA as an undue burden. This was the main reason Texas said it contested the President’s actions.  One concern is that one state can’t just challenge the President’s executive power when they want to and put the process on hold. Another concern is that the President’s executive powers not to be broadened more than allowed in the Constitution.

The results of the Supreme Court case should be released by mid to late June 2016. According to recent history, USCIS normally takes about 60 days or so to implement new programs. For example, the initial DACA was announced June 15, 2012 and started August 15, 2012. At an April 2016 American Immigration Lawyers Association conference in Washington, D.C., USCIS officials stated they couldn’t plan for DAPA and expanded DACA but they could think about it. They also stated it normally takes USCIS about 6 months to locate, hire, and train personnel. These announcements were not what immigration attorneys wanted to hear due to the limited time available before the next President takes office.

Considering we might learn the Supreme Court ruling in mid-June and wait until mid-August for implementation, we are very close to an unpredictable November election putting in place a new President by January 2017. The rest of 2016 will be very interesting as timing is crucial and we have already waited a year and a half since the President’s November 2014 announcement.

For many interested in applying if DAPA or expanded DACA were to be approved, they should collect evidence of residence since 2010, proof of their children’s birth certificates and/or statuses (for DAPA), and their criminal and immigration history if they have any.  As potentially 3.7 million are awaiting the results, it would be best not to wait until the last minute to collect items that can sometimes take weeks or months to obtain.

For more information:

American Council on Immigration

USCIS on Executive Action


DACA Renewal

Posted on by Ruby Powers in Deportation, education, immigration bill, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

If your previous period of deferred action expires before you receive a renewal of deferred action under DACA, you will accrue unlawful presence and will not be authorized to work for any time between the periods of deferred action.  For this reason, USCIS encourages you to submit your request for renewal 120 days before your current period of deferred action under DACA expires.


Top Republicans to Call for Legal Status for Some Immigrants

Posted on by Ruby Powers in immigration bill, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

WASHINGTON — The House Republican leadership’s broad framework for overhauling the nation’s immigration laws will call this week for a path to legal status — but not citizenship — for many of the 11 million adult immigrants who are in the country illegally, according to aides who have seen the party’s statement of principles. For immigrants brought to the United States illegally as young children, the Republicans would offer a path to citizenship.

But even before the document is unveiled later, some of the party’s leading strategists and conservative voices are urging that the immigration push be abandoned, or delayed until next year, to avoid an internal party rupture before the midterm elections.

“It’s one of the few things that could actually disrupt what looks like a strong Republican year,” said William Kristol, editor of the conservative magazine The Weekly Standard, calling an immigration push “a recipe for disaster.”

“Don’t Do It,” said the headline on a National Review editorial on Monday aimed at the House speaker, John A. Boehner of Ohio. “The last thing the party needs is a brutal intramural fight when it has been dealt a winning hand” — troubles with the president’s health care law — ahead of the elections, the editorial said.

GRAPHIC

Progress on an Immigration Overhaul in 5 Areas

The status of the immigration overhaul in the Senate and House.

 OPEN GRAPHIC

At the same time, Republicans have seen their support from Latinos plummet precisely because of their stance on immigration, and the “statement of principles,” barely more than a page, is intended to try to reverse that trajectory.

The statement of principles criticizes the American higher education system for educating some of the world’s best and brightest students only to lose them to their home countries because they cannot obtain green cards; insists that Republicans demand that current immigration laws be enforced before illegal immigrants are granted legal status; and mentions that some kind of triggers must be included in an immigration overhaul to ensure that borders are secured first, said Republican officials who have seen the principles.

With concern already brewing among conservatives who call any form of legal status “amnesty,” the document has the feel more of an attempt to test the waters than a blueprint for action. House Republican leaders will circulate it at a three-day retreat for their members that begins Wednesday on the Eastern Shore of Maryland. Several pro-immigration organizations that have been briefed on the guidelines say they are not intended to serve as a conservative starting point for future negotiations, but as a gauge of how far to the left House Republicans are willing to move.

The principles say that Republicans do not support a “special path to citizenship,” but make an exception for the “Dreamers,” the immigrants brought into the country illegally as children, quoting a 2013 speech by Representative Eric Cantor of Virginia, the House majority leader. “One of the great founding principles of our country was that children would not be punished for the mistakes of their parents,” Mr. Cantor said at the time. “It is time to provide an opportunity for legal residence and citizenship for those who were brought to this country as children and who know no other home.”

Even ardent proponents of an immigration-law overhaul are, at best, cautiously optimistic. In June, a broad immigration overhaul — with a 13-year path to citizenship for the 11 million immigrants now in the country illegally, and stricter border security provisions that would have to be in place before the immigrants could gain legal status — passed the Senate with bipartisan support. But that legislation has largely stalled in the Republican-controlled House, where Mr. Boehner has rejected any negotiations with the Senate over its comprehensive bill.

“This is obviously a long, hard road,” said Senator Charles E. Schumer of New York, the No. 3 Democrat, who helped negotiate the Senate bill, “but I think since August, the number on the other side vehemently opposed has stayed the same, the number who think it should go forward has grown, and numbers in the wide middle are less opposed than they used to be. But that doesn’t guarantee an outcome one way or another.”

Republican Party leaders, backed strongly by business groups, have said an overhaul is critical if they are to repair their political position with Latino and other immigrant voters.

Launch media viewer
William Kristol, a conservative editor, opposes a Republican push on immigration. Chip Somodevilla/Getty Images

Barry Jackson, Mr. Boehner’s former chief of staff, is consulting for the U.S. Chamber of Commerce, which supports an overhaul that expands high-technology visas and guest worker programs.

But immigration is less of an issue during midterm elections, when immigrants are not as likely to vote and House members in safe districts are insulated somewhat from the wrath of more moderate swing voters. Often the biggest threats to Republicans are primary challenges from more conservative candidates who say that changing the immigration status of someone who is in the country illegally amounts to amnesty for a lawbreaker.


Immigration Debate: What’s More Important, Border Security Or Protecting Immigrant Workers?

Posted on by Ruby Powers in Deportation, immigration bill, Immigration Trends, Legislative Reform Leave a comment

As billions of dollars of legal goods, as well as shipments of drugs and groups of undocumented immigrants continue to cross the U.S. border, immigration reform and border security have become a major topic of discussion. Photo by N. Parish Flannery @LatAmLENS

The immigration debate is under way in the United States. While several prominent Republicans are calling for more focus on border security, Democrats are pushing for a legal pathway to citizenship and a focus on the current reality of the U.S. labor market. In 1970 there were fewer than one million people in the U.S. from Mexico, Honduras, Guatemala, and El Salvador. Now the U.S. is home to more than 14 million people from these countries. In recent decades undocumented immigrants have shifted away from specialization in temporary jobs in agriculture in southwest border states and are settling in a diverse array of cities throughout the country and finding work in a variety of economic sectors. At the same time, in recent years drug cartel related violence has spiked in many northern Mexican cities and illegal drugs and undocumented immigrants continue to pass over the border undetected. The reform debate focuses on updating U.S. legislation to account for the current economic and geopolitical reality.

In 2013 construction, manufacturing, meatpacking, food service, and maintenance are major sectors in the U.S. economy and also important employers of immigrant laborers. In 2012 construction spending in the U.S.totaled $857 billion. Builder Jacobs Engineering reported nearly $11 billion in revenue in 2012 and is poised for strong growth in 2013. Construction and maintenance giant Fluor Corporation reported revenues of $27.6 billion in 2012. Meat producer Tyson Foods reported $33 billion in revenue in fiscal 2012. In the U.S. major businesses have a stake in promoting immigration reform as an economic priority.

Doug Oberhelman, Chairman and CEO of Caterpillar, Inc, an Illinois based company that earned $65.9 billion in revenues in 2012, has emerged as a pro-reform advocate. “Providing consistent, reliable access to both high-skilled and low-skilled talent is critical to sustain our nation’s global competitiveness in many industries including healthcare, technology, manufacturing, hospitality, and tourism. We need reform that will provide opportunities for immigrants and foreign students to enter the U.S. and our workforce legally, attracting and keeping the best, the brightest, and the hard working,” heannounced during a recent public event.

In a recent blog, Univision correspondent Fernando Espuelas explains “The Senate bill is a legislative solution that will help grow our economy, create more jobs and bring 11 million people out of the shadows. The bill not only enjoys broad, bipartisan consensus in the Senate, but also has the support of the U.S. Chamber of Commerce and the largest employee unions, while businesses from Silicon Valley to the industrial heartland are clamoring for an immigration system that satisfies the real-world needs of an America with aging demographics and anemic economic growth.”

Facebook empresario Mark Zuckerburg, whose company earned $5.1 billion in revenues in 2012 and donates to both Republicans and Democrats, has emerged as a proponent for immigration reform. “This is something that we believe is really important for the future of our country — and for us to do what’s right,” he said.

The proposed bill, to be successful, will need to balance demands from business owners and economic analysts who argue for new channels for legal immigration with the concerns of voters who are worried about border security. The Senate bill calls for the deployment 20,000 border patrol agents and the construction of 700 miles of fencing, at a cost to taxpayers of around $46 billion.

Raul Labrador, a conservative Puerto Rican Republican congressman from Idaho, has voiced his opinion that “You see all the money we’re spending at the border, and the great job these men and women are doing…and they’re still not stopping all the people coming in.”

Political opponents have called Labrador’s security-focused stance a gimmick designed to derail the debate.

Fernando Mejia, immigrant rights director of the Idaho Communicty Action Network, said “Republican Congressmen are slowly but surely backing a pathway to citizenship – not Rep. Labrador’s extreme political gimmick – for good reason: Citizenship is the only real solution that lives up to our country’s values. Mr. Labrador would do well to visit his own state’s immigrant communities, acknowledge their contributions to society and the economy, and join with his Republican colleagues supporting family unity through a pathway to citizenship.”

President Barack Obama recently explained that ”[he is] absolutely confident that if that [Senate] bill was on the floor of the House, it would pass.”

“The challenge right now is not that there aren’t a majority of House members, just like a majority of Senate members, who [are] prepared to support this bill, the problem is internal Republican caucus politics,” headded.

Although a handful of Republicans continue to call for more fencing and patrolmen, some politicians in Texas wish that people involved in the immigration debate would pay more attention to their views on cross-border commerce and border security issues.

U.S. Congressman Pete Gallego, a Democrat who represents the 23rd district of Texas explained, “Those of us who live along the border want to be just as safe and secure in our beds as anyone else does, but we want a solution that works.”

“We don’t want a political solution, we want a practical solution,” he added.

For many border residents, immigration reform needs to balance security issues with economic reality.

“One of the frustrations that people along the border have is so many people who are trying to drive the debate on border policy and border security are people who don’t live on the border, who’ve never been to the border, and yet they’re trying to dictate the terms by which we do border security,” Gallegosaid.

In an excellent article for The National Journal politics writer Elahe Izadi explains that “In 2012, the Border Patrol apprehended 21,720 illegal immigrants in the Del Rio sector, the highest number in the sector since 2007 and much higher than the El Paso sector’s 9,678 apprehensions.”

According to some residents, while illegal border crossings are a fact of life, fears about cartel violence spilling over the border have been overblown in the media. Proposals for heavy militarization along the Rio Grande look overzealous to some residents. While many residents might welcome an influx of federal spending, they are skeptical of the claims about security risks.

Galllego explained, “If you’re telling me you’re going to [hire more patrolmen and] double the number of government jobs in my community and if you’re going to allow these people to contribute to the economy, they’re going to eat out at restaurants and shop at stores and buy homes—from an economic development perspective, I’m for that. But that’s not a border-security perspective.”

Texas State Representative Poncho Nevarez, a Democrat whose house abuts the Rio Grande river, said that on the national stage, politicians “use the border, they see the area as a sword and a shield in politics, but we’re human beings, we live down here.”

“We shouldn’t be pawns in this game to see who can get themselves elected because they can beat their chest more about how they secured the border,” Nevarez added.

Laura Allen, the Republican county judge in Val Verde County Texasexplained, ”Ask me when was the last time we had to shut down our bridge because violence spilled over from Mexico. It’s not happening.”

Shawn Moran, the vice president of National Border Patrol Council, a union representing Border Patrol agents explained that most “people coming here, even if they’re coming here illegally, they’re coming here to work in agriculture or construction. But there is a large group that is coming here to sell drugs or be part of criminal gangs and commit crimes. We shouldn’t overlook that in any sort of immigration reform.”

But, many observers think that security goals and economic goals can be addressed at the same time by expanding investment in infrastructure along the border. More than one billion dollars worth of goods cross the U.S.-Mexico border every day. Current infrastructure shortfalls have led long delays at many border crossings.

According to Ramsey English Cantu, the mayor of Eagle Pass, Texas “We continue to see ports of entries where people are smuggling drugs across because there isn’t the necessary infrastructure. These are the things that need to be ultimately addressed.”

Residents are especially skeptical of spending on fencing. “The fence was not a good thing,” Allen said. “We would have liked to see that money put to use for other things because, like I said, I can very easily show you where people walk around it, so why did we spend all that money?” she added.

In her article for The National Journal Izadi explains “Between 2006 and 2009, the federal government allocated $2.4 billion for construction of 670 miles of pedestrian and vehicular fences, with costs ranging between $400,000 and $15.1 million per mile.”

But, according to border patrol rep Moran, “no fence is going to stop people who are determined to get into this country. You can’t have a fence with gaps if you want it to be effective.”

Many residents in border towns feel that a security-focused approach to immigration ignores their cultural and economic ties with cities across the border in Mexico.

“If we take this militia approach to our border, what kind of message are we sending to our sister country? I don’t like that message,” Allen explained.

“Would we do that on the border with Canada? I really don’t feel like we would,” she said.


Republican Ideas on Immigration Could Legalize Up to 6.5 Million, Study Says

Posted on by Ruby Powers in citizenship, immigration bill, Immigration Law, Legislative Reform Leave a comment
By JULIA PRESTON
A Dream Action Coalition demonstration last month.Win McNamee/Getty ImagesA Dream Action Coalition demonstration last month.

Between 4.4 million and 6.5 million immigrants illegally in the United States could gain an eventual pathway to citizenship under proposals being discussed by Republicans in the House of Representatives, according to an estimate published Tuesday by the National Foundation for American Policy, a nonpartisan research group in Washington.

The estimate is based on policy ideas that have been put forward by Representative Robert W. Goodlatte of Virginia, a Republican who is chairman of the House Judiciary Committee. Mr. Goodlatte has said he would not support legislation with a “special” or direct pathway to citizenship for 11.5 million immigrants in the country without legal papers, such as the 13-year pathway in a broad bill the Senate passed last June.

House Republicans have rejected the sweeping approach of that bill and said they would handle immigration in smaller pieces. Speaker John A. Boehner of Ohio has said that Mr. Goodlatte is preparing principles that will guide House action on this issue this year.

 

Mr. Goodlatte has said he would instead offer a provisional legal status to illegal immigrants, then allow those who can demonstrate they are eligible to apply for permanent residency — a document known as a green card — through the existing system, based on sponsorship by a family member or an employer. Obtaining a green card is the crucial step toward American citizenship.

The foundation’s report, prepared by Stuart Anderson, its executive director, finds that even without major changes to current immigration law, 3.1 million to 4.4 million immigrants now illegally in the United States would be eligible for green cards because they are parents of American citizens. As many as 600,000 could gain green cards as spouses of citizens and legal residents, and up to 45,000 could receive green cards within two decades as low-skilled workers.

The estimate assumes the House would pass legislation creating new green cards for young undocumented immigrants who came to the United States as children, who call themselves Dreamers. Mr. Anderson calculates that 800,000 to 1.5 million of those immigrants would gain a pathway to citizenship.

Mr. Anderson’s calculation, based on figures from the Department of Homeland Security among other sources, is the first effort to put numbers on proposals emerging from House Republicans. On a conference call Tuesday with reporters, Mr. Anderson stressed that the estimates were imprecise because no Republican has so far offered a specific legalization bill.

Under the foundation’s projection, at least two million immigrants would have to wait a long time — as much as two decades — before they could apply for naturalization. As many as five million immigrants would remain here with legal status but no prospect of becoming citizens.

The Congressional Budget Office estimated that eight million illegal immigrants would gain a pathway to citizenship under the Senate bill. Many Democrats and immigrant advocates have rejected any legislation that excludes large groups of residents from citizenship.

Tamar Jacoby, a Republican who is president of ImmigrationWorks USA, a small-business organization that supports an overhaul of immigration laws, said on Tuesday that proposals for a bill with no separate path to citizenship for most illegal immigrants were gaining ground among House Republicans, as the basis for negotiations with the Senate. She said Mr. Anderson’s estimates were higher than many immigration analysts have predicted.

“The half a loaf is more substantial than many people would have thought,” she said.


House Republicans Preparing Plan for Immigration Overhaul

Posted on by Ruby Powers in immigration bill, Immigration Trends, Legislative Reform Leave a comment

WASHINGTON — The House speaker, John A. Boehner, and his Republican leadership team are preparing to release their principles for an overhaul of the nation’s immigration laws later this month, the speaker told his members at a closed-door conference on Wednesday.

Though the “standards or principles document,” as Mr. Boehner of Ohio referred to the white paper in the meeting, has long been in the works, its imminent release reflects a broader push within the Republican conference to put forth its own proposals as a counterpoint to legislation in the Democratic-controlled Senate.

House Republicans hope to release their principles near the end of the month before President Obama’s State of the Union address, as well as before their annual retreat. Republican aides had previously said that their leadership team was unlikely to make any strategic decisions on immigration before the retreat.

In June, the Senate passed a broad overhaul of the nation’s immigration laws — including a path to citizenship for the 11 million immigrants already in the country illegally — with bipartisan support. But the legislation has faced more hurdles in the Republican-controlled House, where some lawmakers are opposed to any form of legalization, which they call amnesty. House Republicans instead prefer a piecemeal approach, with several smaller bills instead of one large one.

In Wednesday’s meeting, Mr. Boehner assured his leadership team that he was not planning to enter into conference negotiations with the Senate using the upper chamber’s broad bill as a framework.

“Speaker Boehner has consistently been clear for some time now that he supports step-by-step, common-sense reforms to fix our broken immigration system,” said Michael Steel, a Boehner spokesman.

Rebecca Tallent, a longtime immigration adviser to Senator John McCain of Arizona whom Mr. Boehner recently hired, has been spearheading the effort out of the speaker’s office, working with other key Republican lawmakers: Representative Eric Cantor of Virginia, the House majority leader; Representative Mario Diaz-Balart of Florida, who has been pushing for a broad immigration overhaul; Representative Bob W. Goodlatte of Virginia, the chairman of the House Judiciary Committee; and Representative Paul D. Ryan of Wisconsin, his party’s 2012 vice-presidential nominee and chairman of the House Budget Committee.

The goal of the principles is to gauge the Republican conference’s willingness to tackle immigration this year, as well as to receive feedback from lawmakers before embarking on a legislative strategy.

Immigration advocates and Democrats will be watching closely to see how strict the border security and enforcement language is, as well as if the guidelines include any mention of a path to legalization. Some House Republicans, including Mr. Cantor and Mr. Goodlatte, have shown a willingness to offer legalization that could lead to citizenship for the so-called Dreamers — those young adults who were brought to the country illegally as children.

“Things continue to look better and better for immigration reform, and we hope to work with Republicans to get something real done,” said Senator Charles E. Schumer, Democrat of New York and one of the architects of the Senate’s immigration bill.

House Republicans who have long been pushing for broad immigration overhaul are also hopeful that the document will cover all areas of immigration said an aide who has been working on the issue.

Mr. Boehner’s announcement comes as congressional Republicans grapple with how to handle the specter of a broad immigration overhaul this year. Although many top Republicans believe that the party needs to pass some form of immigration legislation before the 2016 presidential elections, the party’s rank-and-file members are reluctant to tackle the issue — which is opposed by many in the conservative base — in the run-up to the midterm elections.

But they are facing increasing pressure from outside groups. In his annual address on Wednesday, Thomas J. Donohue, the president and chief executive of the United States Chamber of Commerce, said that the Chamber will “pull out all the stops,” working with unions, faith-based organizations and law enforcement groups to urge House Republicans to act on the Senate-passed bill.

“Now the pundits will tell you that it’ll be very, very hard to accomplish much of anything this year, after all, don’t you remember, it’s an election year,” he said. “We hope to turn that assumption on its ear by turning the upcoming elections into a motivation for change. It’s based on a simple theory: If you can’t make them see the light then at least make them feel the heat.”

Mr. Donohue called immigration reform an important part of expanding jobs and careers in the 21st century. “Why? Because throughout history immigrants have brought innovation, ideas and investments to American enterprise, and in terms of demographics, we need immigration,” he said.

Mr. Donohue also pointed out that, while politically difficult, an immigration overhaul seems to be one area where the largely stalled 113th Congress might actually be able to reach some form of compromise and pass legislation.

“I think Democrats and Republicans alike would like to go home and run for office with something they got done that’s significant,” he said. “I believe we’re two thirds of the way there.”


Eight Immigration Wins In 2013

Posted on by Ruby Powers in immigration bill, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

Despite a landmark comprehensive immigration reform bill that cleared the Senate in June, a corresponding bill that addresses the 11.7 million undocumented immigrants in the United States has yet to come to a vote in the House. In fact, the only immigration-related bill that House members brought to a floor vote was a measure to pave the way for deporting undocumented immigrants between the ages of 16 and 31. But although the year ended without a victory on the greatest potential avenue for reform through a bill in Congress, the immigration reform movement achieved other crucial victories in 2013. Here are eight:
drivers license

1. Driver’s licenses and state tuition: In 2012, only three states granted driver’s licenses to the undocumented. Now, 11 states — California, New Mexico, Utah, Washington, Illinois, Nevada, Oregon, Maryland, Vermont, Colorado, and Connecticut — and the District of Columbia have passed legislation that allows the undocumented to legally drive. Studies show that giving driver’s licenses to unlicensed drivers, a category that includes many undocumented immigrants, would vastly improve public safety because drivers would have to pass a test before they obtain a license and buy auto insurance. This year, Colorado, Minnesota, and Oregon also passed laws that permit in-state tuition for undocumented students.

2. Key anti-immigrant research discredited: The Heritage Foundation published a report in April that reform opponents hoped to use against the Senate bill. The paper, which argued that immigration reform would be a $6.3 trillion burden on the economy, was immediately slammed by Republicans, Grover Norquist’s Americans for Tax Reform, American Action Forum, and the libertarian CATO Institute for its dishonest methodology. Soon after, co-author Jason Richwine resigned from Heritage over his controversial Harvard University thesis that argued Hispanics are less intelligent. A report that once was the opponents’ powerful weapon during debates on reform was now seen as widely discredited.
hb56

3. Local and state anti-immigrant laws blocked: In Arizona, the Ninth Circuit of Appeals upheld a district court’s preliminary injunction on a key provision of the state’s controversial anti-immigrant law which would have made it illegal to give rides or provide shelter to undocumented immigrants. The opinion called the statute “incomprehensible to a person of ordinary intelligence and is therefore void for vagueness.”
Alabama passed the nation’s strictest immigration law in 2011, modeled after ALEC’s “No Sanctuary Cities for Illegal Immigrants Act.” Key provisions of HB 56 designed to encourage racial profiling and make immigrants’ daily lives difficult to impossible, have been permanently blocked. The final legal settlement this fall with the Justice Department, civil rights groups, and plaintiffs prevents the worst of the law, which barred school enrollment, business, and daily interaction with undocumented immigrants.

Elsewhere, the U.S. Court of Appeals for the Fifth Circuit struck down a Texas town’s ordinance that prohibited landlords from renting to undocumented residents. The Third Circuit Court of Appeals in Philadelphia also ruled that anti-immigration city ordinances in Hazleton, PA infringed on federal immigration policies and the Fourth Circuit Court of Appeals similarly issued decisions against an anti-immigration South Carolina law that would have among other violations of federal immigration policies, criminalized undocumented immigrants seeking “shelter.”
October 8 Rally Pictures 142

4. Obama used administrative measures to ease restrictions on undocumented immigrants: One year after the Deferred Action for Childhood Arrivals (DACA) program was implemented, at least 455,455 undocumented immigrants under the age of 31 got a taste of what it would feel like to have legal status, when they were granted work authorization and temporary relief from deportation. The President also issued a few “prosecutorial discretion” memos, advising federal immigration officials to avoid deporting people who are parents of U.S. citizens or if they are immediate family members of military personnel. Still, neither the work authorization nor the temporary deportation reprieve is permanent and many immigrants who would otherwise qualify for discretion are still flagged for deportation.
5. CA and CT limited deportations of non-violent immigrants: The TRUST Act rebukes federal policy by limiting local law enforcement’s compliance in screening and detaining undocumented nonviolent immigrants. The new law in California, a state with 2.45 million undocumented immigrants, should ease community fears of reporting crime because of deportation threats.

6. Republicans joined the call for citizenship: Within the span of one week in November, three House Republicans — Reps. Jeff Denham (R-CA), Ileana Ros-Lehtinen (R-FL), and David Valadao (R-CA) — signed onto a comprehensive immigration bill introduced by House Democrats. They pressed House Speaker John Boehner (R-OH) to allow the bill to come to a vote on the House floor before the end of the Congressional year. That plan never transpired, but Boehner’s choice to hire Rebecca Tallent to lead immigration efforts renewed hope that House Republican would act on the issue in 2014.

7. People are limiting their use of the term “illegal immigrant”: A Pew research study released in June found that the use of the phrase “illegal alien” declined in 2013 and that the term “undocumented immigrant” rose (especially among immigrant advocates). Not coincidentally, immigration advocates have campaigned hard to make people understand that the phrase is derogatory because “no human is illegal.” Newspapers like the Associated Press, the Los Angeles Times, and the New York Times have all limited their use of the phrase “illegal immigrant.” And after a college conservative group was set to hold a “Catch An Illegal Immigrant” game on the University of Texas at Austin campus, the event sparked a protest held by hundreds of solidarity activists and the actress America Ferrera.
nuns on bus

8. Majority of Americans support comprehensive immigration reform that includes a citizenship provision: The final g”immigration win” involves the strong backing of the American public. A November 2013 poll found that 63 percent of American voters support allowing undocumented immigrants to become citizens as long as they meet certain requirements (like paying back taxes and fines, learning English, and passing a background check). Even voters living in 17 key Congressional districts represented by House Republicans opposed to immigration reform similarly support reform legislation when the details of the bill are fleshed out.


Immigration Problems Only Get Worse

Posted on by Ruby Powers in immigration bill, Immigration Law, Immigration Trends Leave a comment

By Peter Muller

As the first session of the 113th Congress winds to a close, it is clear the House of Representatives will not vote on immigration legislation before 2014. But the practical need to fix our broken immigration system remains, the political imperative for reform is stronger than ever, and a window of opportunity exists for Congress to finalize a reform package next year.

One year ago the results of the 2012 election prompted leaders in both major political parties to take a fresh look at immigration reform.

President Obama and the Democrats discovered a renewed commitment to the issue in part because Hispanic and Asian-American voters made up a significant portion of the Democratic electorate, and immigration reform was high on their agenda. At the same time, Republicans attributed Mitt Romney’s loss in part to his failure to attract minority voters and viewed immigration reform as an opportunity to build support with that constituency.

Electoral results in 2013 have produced similar evidence that immigration reform can be a potent factor in elections.  Republican Gov. Chris Christie, an immigration reform backer, was overwhelmingly reelected in New Jersey and carried nearly half the Hispanic vote in his state. But Republican Attorney General Ken Cuccinelli, who was viewed as an opponent of immigration reform, lost his race for governor of Virginia in part because he failed to attract a significant percentage of the Latino vote.

Meanwhile, a poll jointly released this fall by the Partnership for a New American EconomyRepublicans for Immigration Reform, and Compete America shows that 71 percent of the American people favor immigration reform, and 54 percent say they are less likely to support a candidate who opposes reform.

While we have seen significant progress this year toward immigration reform, including passage of a comprehensive bill in the Senate, it has yet to get across the finish line.

And while we wait for reform our immigration problems only get worse.

The last major overhaul of U.S. immigration system occurred in 1986, and the laws enacted then have failed to pass the test of time. The number of people living here without documentation has grown, employers have struggled to find the workforce necessary to perform both lower- and higher-skilled jobs, and the American people lack confidence that our borders are secure.

Meanwhile, in the high-skilled arena, our ability to compete in the global marketplace is compromised. The information-technology industry struggles to find enough qualified U.S. workers to fill the key jobs necessary for continued innovation. Employees who obtain temporary visas must wait years before they can get a green card to allow them to live and work here permanently. Employers are already preparing for an expected H-1B visa lottery in April that will distribute too few visas to meet demand.

The challenge for Congress is clear: Address these problems now or maintain a broken system that fails to meet the needs of anyone.

In June, the Senate passed legislation that would make holistic reforms to the immigration systemfrom legal visas to illegal entry to enhanced border security measures—with the votes of two-thirds of the senators.

Intel and other employers of high-skilled workers strongly supported the legislation because it addressed our three key needs: to hire foreign-born workers when we can’t find qualified U.S. workers; access to additional visas to make those talented employees long-term members of our company and our country; and to build the pipeline of U.S. workers with specialized skills through additional funding for STEM education.

The strong support for the bill in the Senate was encouraging, but it didn’t mask legitimate concerns many people, particularly in the House of Representatives, have about parts of the legislation. The House pledged to pursue a different path toward reform and consider a series of piecemeal bills addressing discreet problems with the system. Five individual bills have been reported out of committees in the House, but none has yet to reach the House floor.

But that doesn’t mean immigration reform is dead. House Speaker John Boehner recently hired a senior staffer to coordinate immigration policy. Rank-and-file Republican House members are increasingly expressing their view that they are ready to tackle immigration reform. And the president has expressed a willingness to work with Republicans on a piecemeal approach to reform. Even the recent budget agreement points to the possibility of bipartisan efforts moving forward.

The politics of immigration reform are always challenging, and rarely are people from different sides of the issue ready to come together to address the problem. This is one of those times. However, for the hope of immigration reform to be achieved, the House of Representatives must be ready to act when members return from their holiday break.


Deportations Drop as Obama Pushes for New Immigration Law

Posted on by Ruby Powers in Deportation, immigration bill, Immigration Law, Immigration Trends Leave a comment
By Michael C. Bender December 17, 2013

The Obama administration has cut back on deporting undocumented immigrants, with forced departures on track to drop more than 10 percent, the first annual decline in more than a decade.

In his first term, President Barack Obama highlighted record deportations to show he was getting tough on immigration enforcement, which Republicans and even some Democrats have demanded as a condition for overhauling existing laws.

The last fiscal year was different. The government deported 343,020 people in the U.S. illegally from Oct. 1, 2012, to Sept. 7, 2013, the most recent Immigration and Customs Enforcement data show. If that pace continued through the Sept. 30 end of the fiscal year, removals would reach a six-year low.

The drop, which comes as Obama faces growing criticism from Hispanics over deportations, is a result of a new policy of focusing limited enforcement resources “on public safety, national security and border security,” ICE spokeswoman Barbara Gonzalez said. “ICE has been vocal about the shift in our immigration-enforcement strategy,” she said. “Our removal numbers illustrate this.”

Legislation to revamp the U.S. immigration system is stalled because of resistance from Republicans in the House of Representatives. Republican lawmakers opposed to changes backed by both Obama and former President George W. Bush, including offering a path to citizenship to the country’s estimated 12 million undocumented immigrants, have demanded tougher enforcement before considering new legislation.

Pushing Back

Yet as deportations climbed to a record 409,900 in fiscal 2012, Obama has faced pushback from the Democratic Party’s Hispanic backers, who helped provide his victory margin in two elections. There have also been protests from immigration activists, most recently at a speech he gave last month in San Francisco.

“He’s going to continue to be confronted,” Representative Luis Gutierrez said of Obama, a fellow Illinois Democrat. “You can’t say you’re going to protect the undocumented and give them a pathway to citizenship, and then deport them in unprecedented numbers.”

Even with the recent decline, about 1.93 million people have been deported during Obama’s five years in office. That approaches Bush’s eight-year total and is almost as many as in the 108 years between the administrations of Presidents Benjamin Harrison, when Department of Homeland Security records begin, and Bill Clinton.

Contractors Benefit

What’s more, a decline in deportations doesn’t necessarily mean fewer people will be locked up.

In 2009, a Democratic-controlled Congress set a minimum on how many undocumented immigrants should be detained each day pending hearings. It’s now 34,000, up from about 20,000 in 2005.

Even a broad immigration bill approved by the Senate this year — which creates a road to citizenship for undocumented workers — would “increase the prison population by about 14,000 inmates annually by 2018” due to more spending on enforcement, a congressional cost-estimate projected.

That may have a positive effect on companies that the government increasingly relies on to detain those being held for deportation hearings, if it becomes law, said Kevin Campbell, who tracks private prison companies for Avondale Partners, a Nashville-based financial-services company.

“You think about immigration reform and you intuitively think that means less people prosecuted for immigration offenses, but it seems like it will be just the opposite,” Campbell said.

Policy Changes

The surge in deportations has benefited companies such as Boca Raton, Florida-based GEO Group Inc. (GEO:US), which runs prisons in five countries. ICE accounted for 17 percent of the company’s $1.48 billion in revenue (GEO:US) last year, up from 11 percent of $1.04 billion in revenue in 2008, according to company filings (GEO:US).

Campbell and ICE officials said the drop in deportations stems from changes the administration started making in 2011.

In a departure from Bush’s policies, which emphasized raids on businesses suspected of hiring undocumented immigrants, then-ICE Director John Morton said deportations should focus on “national security, public safety and border security.”

Morton discouraged agents from detaining young immigrants, crime victims and “individuals pursuing legitimate civil rights complaints.”

This “prosecutorial discretion” accounted for 16,300 immigration court cases being closed in 2013, according to data compiled for Bloomberg by Syracuse University’s Transactional Records Access Clearinghouse. That’s up from 9,700 last year.

About 58 percent of deportations in 2013 were of “criminals,” ICE data show. In 2008, it was 31 percent.

More Exemptions

The list of exemptions has continued to grow.

In June 2012, five months before his re-election, Obama exempted from deportation certain undocumented immigrants brought to the U.S. as children, known as Deferred Action for Childhood Arrivals.

Last month, the Department of Homeland Security halted deportations for families of U.S. military members because of the “stress and anxiety” that possible forced removals puts on those in the Armed Services.

The change has provoked administration critics.

“These are policies that severely restrict ICE agents from arresting and charging illegal aliens,” said Jessica Vaughn, policy director at the Center for Immigration Studies in Washington, which opposes increased immigration.

Beyond Limits

House Judiciary Committee Chairman Bob Goodlatte, a Virginia Republican, said during a Dec. 3 hearing that the changes “push executive power beyond all limits.”

“President Obama is the first president since Richard Nixon to ignore a duly enacted law simply because he disagrees with it,” he said.

House Minority Leader Nancy Pelosi, a California Democrat, said she wants to “see action from the president” to halt deportations.

“If somebody is here without sufficient documentation, that is not reason for deportation,” Pelosi said in an interview with Telemundo, according to a transcript provided by her office.

The president isn’t ignoring the law, White House press secretary Jay Carney said yesterday.

“We have to enforce the law,” he said. “There is prosecutorial discretion, and that is applied. The focus is on those who’ve committed felonies.”

That approach, he said, is “not a replacement for comprehensive immigration reform.”

Do More

Advocates for the Senate bill want Obama to do more. This month, 29 House Democrats, including Gutierrez, signed a letter calling on Obama to suspend deportations.

That has backing from the AFL-CIO. The federation of labor unions with 13 million members spent at least $6.4 million supporting Obama in his 2012 re-election campaign, according to the Center for Responsive Politics.

“The president has the authority and the ability to ease this crisis,” said Ana Avendano, director of immigration and community action at the AFL-CIO.

Obama was interrupted at an immigration rally on Nov. 25 in San Francisco when Ju Hong, a college student standing on the riser behind him, yelled that the president has “power to stop deportations for all.”

“Actually, I don’t,” Obama replied. “If, in fact, I could solve all these problems without passing laws in Congress, then I would do so. But we’re also a nation of laws.”

Stalled Legislation

The bill that the Senate passed in June with bipartisan support has stalled in the House, where Republican Speaker John Boehner said on Nov. 13 that he has “no intention” of considering it.

That doesn’t mean attempts to change the law are dead. Boehner said he prefers passing parts of the legislation separately, and Obama has said he’s willing to support that approach.

Boehner this month hired Rebecca Tallent, who as the Bipartisan Policy Center’s director of immigration policy helped on immigration bills as a staff member for Senator John McCain and former Representative Jim Kolbe. The two Republicans supported easing immigration laws.

With an average of about 1,000 deportations a day this year, that means more than 165,000 immigrants have been removed from the country since the Senate bill passed.

“We just want the chance to be able to work,” said Rebeca Nolasco, a 21-year-old who received deferred action and whose mother, Diana Ramos, is in an Arizona detention center facing deportation. “It doesn’t harm anyone.”


Obama concedes Congress won’t meet August deadline on immigration overhaul

Posted on by Ruby Powers in immigration bill, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

Obama concedes Congress won’t meet August deadline on immigration overhaul

By Associated Press, Published: July 15 | Updated: Tuesday, July 16, 8:23 PM

WASHINGTON — President Barack Obama on Tuesday conceded that an immigration overhaul cannot be achieved by his August deadline. With House Republicans searching for a way forward on the issue, the president said he was hopeful a bill could be finalized this fall — though even that goal may be overly optimistic.

The president, in a series of interviews with Spanish language television stations, also reiterated his insistence that any legislation include a pathway to citizenship for the 11 million people in the U.S. illegally. Many House GOP lawmakers oppose the citizenship proposal, hardening the differences between the parties on the president’s top second-term legislative priority.

“It does not make sense to me, if we’re going to make this once-in-a-generation effort to finally fix this system, to leave the status of 11 million people or so unresolved,” he said during an interview with Telemundo’s Denver affiliate.

The White House sees the president’s outreach to Hispanics as a way to keep up enthusiasm for the overhaul among core supporters even as the legislative prospects in Washington grow increasingly uncertain.

Some Republicans view support for immigration reform as central to the party’s national viability given the growing political power of Hispanics. But many House GOP lawmakers representing conservative — and largely white — districts see little incentive to back legislation.

The president said the lack of consensus among House Republicans will stretch the immigration debate past August, his original deadline for a long-elusive overhaul of the nation’s fractured laws.

“That was originally my hope and my goal,” Obama said. “But the House Republicans I think still have to process this issue and discuss it further, and hopefully, I think, still hear from constituents, from businesses to labor, to evangelical Christians who all are supporting immigration reform.”

Supporters are working on strategy to get the House to sign off on an overhaul. On Tuesday, most members of the so-called Gang of Eight — the bipartisan group of senators that authored the Senate immigration bill — met in the Capitol with a large group of advocates from business, religious, agriculture and other organizations to urge everyone to work together to move the issue through the House.

The senators distributed a list of 121 House Republicans seen as persuadable in favor of the bill and discussed honing a message for Congress’ monthlong August recess, when House members will meet with constituents and potentially encounter opposition to immigration legislation.

“When we go into the August break we want to be sure everybody’s working hard and trying to make our case,” said Sen. John McCain, R-Ariz., after the meeting.

The landmark bill passed by the Senate last month would tighten border security, expand the highly skilled worker program and set up new guest worker arrangements for lower-skilled workers and farm laborers. It would also provide a pathway to citizenship for many of the 11 million immigrations illegally in the U.S., one that includes paying fines, learning English and taking other steps.

During his interview with Univision’s New York affiliate, Obama said the citizenship pathway “needs to be part of the bill.”

House Republicans have balked at the Senate proposal, with GOP leaders saying they prefer instead to tackle the issue in smaller increments. Many GOP representatives also oppose the prospect of allowing people who came to the U.S. illegally to become citizens.

House Republicans are considering other options, including proposals to give priority for legalization to the so-called Dreamers — those who were brought the U.S. illegally as children. Allowing only those individuals to obtain citizenship could shield Republicans from attacks by conservatives that they’re giving a free pass to those who voluntarily broke the law.

“I think that group of people — some call Dreamers — is a group that deserves perhaps the highest priority attention,” Rep. Bob Goodlatte, who chairs the House Judiciary Committee, said at an immigration-related conference in California Monday. “They know no other country.”

Goodlatte and House Majority Leader Eric Cantor, both Virginia Republicans, are working on a bill to address the status of those immigrants, although the timing is uncertain. And Goodlatte cautioned that any such measure should hinge on completion of enforcement measures to prevent parents from smuggling their children into the U.S. in the future.

The House is not expected to act on any legislation before the August recess, though the House Judiciary Committee could hold a hearing on the bill dealing with people brought to the U.S. when they were young.

Obama also spoke with the Telemundo station in Dallas and the Univision station in Los Angeles.

_

Associated Press writer Erica Werner contributed to this report.


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