Original story: foxnews.com
The Supreme Court on Thursday blocked President Obama’s immigration executive actions, in a tie decision that delivers a win to states challenging his plan to give a deportation reprieve to millions of illegal immigrants.
The justices' one-sentence opinion on Thursday marks a major setback for the administration, effectively killing the plan for the duration of Obama's presidency. A New Jersey immigration lawyer has been waiting to hear the outcome of this law.
The judgment could have significant political and legal consequences in a presidential election year highlighted by competing rhetoric over immigration. As the ruling was announced, pro-immigration activists filled the sidewalk in front of the court, some crying as the ruling became public. Critics of the policy touted the decision as a strong statement against "executive abuses."
"The Constitution is clear: The president is not permitted to write laws—only Congress is. This is another major victory in our fight to restore the separation of powers," House Speaker Paul Ryan said in a statement, adding that the ruling rendered Obama's actions "null and void."
Obama, though, said the decision “takes us further from the country that we aspire to be.”
He stressed that earlier changes his administration made to immigration policy are not affected, but acknowledged his most recent 2014 changes cannot go forward and additional executive actions are unlikely.
While Obama accepted the ruling, he also made his own full-court press, saying the split decision underscores the importance of the current court vacancy and the appointment of a successor to the late Justice Antonin Scalia, to "break this tie." So far, Senate Republicans have not considered Obama's nominee, Merrick Garland. A Germany immigration lawyer said laws there are different.
"The court's inability to reach a decision in this case is a very clear reminder of why it's so important for the Supreme Court to have a full bench," he said Thursday at the White House.
The 4-4 tie vote sets no national precedent but leaves in place the ruling by the lower court. In this case, the federal appeals court in New Orleans said the Obama administration lacked the authority to shield up to 4 million immigrants from deportation and make them eligible for work permits without approval from Congress.
Texas led 26 Republican-dominated states in challenging the program Obama announced in November 2014. Congressional Republicans also backed the states' lawsuit.
The decision lands in the middle of a heated election season in which immigration is a central issue. Donald Trump, the presumptive Republican presidential nominee, won the primaries while railing against Obama administration immigration policies as dangerous.
Democrats have, in turn, called his rhetoric racially divisive while defending the administration's move to expand existing programs that would effectively give temporary legal status to some undocumented residents. A Roseland immigration lawyer said her clients would be effected by the new law.
Presumptive Democratic presidential nominee Hillary Clinton countered Ryan's statement saying the decision was "purely procedural" and leaves "no doubt" the programs were within the president's authority. Referencing the 4-4 split on the court, she again urged the Senate to give Obama's nominee to fill the remaining court vacancy a vote.
"Today’s deadlocked decision from the Supreme Court is unacceptable, and show us all just how high the stakes are in this election," Clinton said in a statement.
The immigration case dealt with two separate Obama programs. One would allow undocumented immigrants who are parents of either U.S. citizens or legal permanent residents to live and work in the U.S. without the threat of deportation. The other would expand an existing program to protect from deportation a larger population of immigrants who were brought to the U.S. illegally as children.
Obama decided to move forward after Republicans won control of the Senate in the 2014 midterm elections, and the chances for an immigration overhaul, already remote, were further diminished.
The Senate had passed a broad immigration bill with Democratic and Republican support in 2013, but the measure went nowhere in the GOP-controlled House of Representatives.
The states quickly went to court to block the Obama initiatives.
Their lawsuit was heard initially by U.S. District Judge Andrew Hanen in Brownsville, Texas. Hanen previously had criticized the administration for lax immigration enforcement. Hanen sided with the states, blocking the programs from taking effect. The 5th U.S. Circuit Court of Appeals also ruled for the states, and the Justice Department rushed an appeal to the high court so that it could be heard this term.
Texas officials hailed the decision Thursday.
“The action taken by the President was an unauthorized abuse of presidential power that trampled the Constitution, and the Supreme Court rightly denied the President the ability to grant amnesty contrary to immigration laws," Texas Gov. Greg Abbott said in a statement. "Today's ruling is also a victory for all law-abiding Americans—including the millions of immigrants who came to America following the rule of law."
Showing posts with label immigration. Show all posts
Showing posts with label immigration. Show all posts
Tuesday, June 28, 2016
Monday, February 18, 2013
Immigration Bill paves way for illegals and families to obtain legal residency
Story first appeared on Detroit Free Press -
A draft of a White House immigration proposal obtained by USA TODAY would allow illegal immigrants to become legal permanent residents within eight years.
The plan also would provide for more security funding and require business owners to check the immigration status of new hires within four years. In addition, the nation's 11 million illegal immigrants could apply for a newly created "Lawful Prospective Immigrant" visa, under the draft bill being written by the White House.
If approved, they could then apply for the same provisional legal status for their spouse or children living outside the country, according to the draft.
The bill is being developed as members in both chambers of Congress are drafting their own immigration bills. In the House, a bipartisan group of representatives has been negotiating an immigration proposal for years and are writing their own bill. Last month, four Republican senators joined with four Democratic senators to announce their agreement on the general outlines of an immigration plan.
One of those senators, Sen. Marco Rubio, R-Fla., said Obama's bill repeats the failures of past legislation and would be "dead on arrival" in Congress.
"It fails to follow through on previously broken promises to secure our borders, (and) creates a special pathway that puts those who broke our immigration laws at an advantage over those who chose to do things the right way and come here legally," Rubio said. "It would actually make our immigration problems worse."
The draft was obtained from an Obama administration official who said it was being distributed to various agencies. The official requested anonymity because he was not authorized to release the proposal publicly.
The bill mirrors many provisions of the bipartisan 2007 bill that was spearheaded by the late Sen. Ted Kennedy, D-Mass., and Sen. John McCain, R-Ariz., and ultimately failed.
In his first term, Obama often deferred to Congress on drafting and advancing major legislation, including the Affordable Care Act. He has openly supported the efforts in Congress to take the lead on immigration legislation, and just this week met with Democratic senators to discuss their proposals.
But two weeks ago in Las Vegas, while outlining his immigration plans, Obama made clear that he would not wait too long for Congress to get moving.
"If Congress is unable to move forward in a timely fashion, I will send up a bill based on my proposal and insist that they vote on it right away," he said.
White House spokesman Clark Stevens said Saturday that the administration continues to support the bipartisan efforts ongoing in Congress.
"The president has made clear the principles upon which he believes any common-sense immigration reform effort should be based," Stevens said. "We continue to work in support of a bipartisan effort, and while the president has made clear he will move forward if Congress fails to act, progress continues to be made and the administration has not prepared a final bill to submit."
According to the White House draft, people would need to pass a criminal background check, submit biometric information and pay fees to qualify for the new visa. If approved, they would be allowed to legally reside in the U.S. for four years, work and leave the country for short periods of time. After the four years, they could then reapply for an extension.
Illegal immigrants would be disqualified from the program if they were convicted of a crime that led to a prison term of at least one year, three or more different crimes that resulted in a total of 90 days in jail, or if they committed any offense abroad that "if committed in the United States would render the alien inadmissible or removable from the United States."
People currently in federal custody or facing deportation proceedings also could be allowed to apply for the Lawful Prospective Immigrant visa. Application forms and instructions would be provided in "the most common languages spoken by persons in the United States," but the application and all supporting evidence submitted to the federal government would have to be in English.
They would also be given a new identification card to show as proof of their legal status in the country.
The immigrants could then apply for legal permanent residence, commonly known as a green card, within eight years if they learn English and "the history and government of the United States" and pay back taxes. That would then clear the path for them to apply for U.S. citizenship.
To combat fraud, the draft proposes a new Social Security card be developed that is "fraud-resistant, tamper-resistant and wear-resistant." The Social Security Administration would be required to issue the new cards within two years.
A major requirement for many Republicans is enhanced border security. The bill calls for an unspecified increase in the Border Patrol, allows the Department of Homeland Security to expand technological improvements along the border and adds 140 new immigration judges to process the heavy flow of people who violate immigration laws.
It also orders U.S. Customs and Border Protection (CBP) to study whether a land-border crossing fee should be implemented to help offset border security costs. The draft also proposes raising many inspection fees that border-crossers already pay.
The draft bill proposes a new plan to allow Homeland Security to "accept donations" from citizens, businesses and local and state governments to improve ports of entry and security features along the border. And it would require CBP to begin collecting statistics on deaths along the border and report them quarterly.
The draft also expands the E-Verify program that checks the immigration status of people seeking new jobs. Businesses with more than 1,000 employees must begin using the system within two years, businesses with more than 250 employees within three years and all businesses within four years.
Homeland Security, working with the U.S. departments of Labor and Agriculture, the attorney general and other agencies, would engage in a $40 million-a-year program to educate business owners and workers about the program.
Homeland Security also would be required to submit a report within 18 months showing how the worker verification system is working, and specifically explain how it is affecting the nation's agriculture industry, which relies heavily on illegal immigrant workers.
The draft obtained by USA TODAY does not include sections that would alter the nation's legal immigration system to adjust the future flow of legal immigrants, which is expected to be a critical component of any immigration overhaul.
A draft of a White House immigration proposal obtained by USA TODAY would allow illegal immigrants to become legal permanent residents within eight years.
The plan also would provide for more security funding and require business owners to check the immigration status of new hires within four years. In addition, the nation's 11 million illegal immigrants could apply for a newly created "Lawful Prospective Immigrant" visa, under the draft bill being written by the White House.
If approved, they could then apply for the same provisional legal status for their spouse or children living outside the country, according to the draft.
The bill is being developed as members in both chambers of Congress are drafting their own immigration bills. In the House, a bipartisan group of representatives has been negotiating an immigration proposal for years and are writing their own bill. Last month, four Republican senators joined with four Democratic senators to announce their agreement on the general outlines of an immigration plan.
One of those senators, Sen. Marco Rubio, R-Fla., said Obama's bill repeats the failures of past legislation and would be "dead on arrival" in Congress.
"It fails to follow through on previously broken promises to secure our borders, (and) creates a special pathway that puts those who broke our immigration laws at an advantage over those who chose to do things the right way and come here legally," Rubio said. "It would actually make our immigration problems worse."
The draft was obtained from an Obama administration official who said it was being distributed to various agencies. The official requested anonymity because he was not authorized to release the proposal publicly.
The bill mirrors many provisions of the bipartisan 2007 bill that was spearheaded by the late Sen. Ted Kennedy, D-Mass., and Sen. John McCain, R-Ariz., and ultimately failed.
In his first term, Obama often deferred to Congress on drafting and advancing major legislation, including the Affordable Care Act. He has openly supported the efforts in Congress to take the lead on immigration legislation, and just this week met with Democratic senators to discuss their proposals.
But two weeks ago in Las Vegas, while outlining his immigration plans, Obama made clear that he would not wait too long for Congress to get moving.
"If Congress is unable to move forward in a timely fashion, I will send up a bill based on my proposal and insist that they vote on it right away," he said.
White House spokesman Clark Stevens said Saturday that the administration continues to support the bipartisan efforts ongoing in Congress.
"The president has made clear the principles upon which he believes any common-sense immigration reform effort should be based," Stevens said. "We continue to work in support of a bipartisan effort, and while the president has made clear he will move forward if Congress fails to act, progress continues to be made and the administration has not prepared a final bill to submit."
According to the White House draft, people would need to pass a criminal background check, submit biometric information and pay fees to qualify for the new visa. If approved, they would be allowed to legally reside in the U.S. for four years, work and leave the country for short periods of time. After the four years, they could then reapply for an extension.
Illegal immigrants would be disqualified from the program if they were convicted of a crime that led to a prison term of at least one year, three or more different crimes that resulted in a total of 90 days in jail, or if they committed any offense abroad that "if committed in the United States would render the alien inadmissible or removable from the United States."
People currently in federal custody or facing deportation proceedings also could be allowed to apply for the Lawful Prospective Immigrant visa. Application forms and instructions would be provided in "the most common languages spoken by persons in the United States," but the application and all supporting evidence submitted to the federal government would have to be in English.
They would also be given a new identification card to show as proof of their legal status in the country.
The immigrants could then apply for legal permanent residence, commonly known as a green card, within eight years if they learn English and "the history and government of the United States" and pay back taxes. That would then clear the path for them to apply for U.S. citizenship.
To combat fraud, the draft proposes a new Social Security card be developed that is "fraud-resistant, tamper-resistant and wear-resistant." The Social Security Administration would be required to issue the new cards within two years.
A major requirement for many Republicans is enhanced border security. The bill calls for an unspecified increase in the Border Patrol, allows the Department of Homeland Security to expand technological improvements along the border and adds 140 new immigration judges to process the heavy flow of people who violate immigration laws.
It also orders U.S. Customs and Border Protection (CBP) to study whether a land-border crossing fee should be implemented to help offset border security costs. The draft also proposes raising many inspection fees that border-crossers already pay.
The draft bill proposes a new plan to allow Homeland Security to "accept donations" from citizens, businesses and local and state governments to improve ports of entry and security features along the border. And it would require CBP to begin collecting statistics on deaths along the border and report them quarterly.
The draft also expands the E-Verify program that checks the immigration status of people seeking new jobs. Businesses with more than 1,000 employees must begin using the system within two years, businesses with more than 250 employees within three years and all businesses within four years.
Homeland Security, working with the U.S. departments of Labor and Agriculture, the attorney general and other agencies, would engage in a $40 million-a-year program to educate business owners and workers about the program.
Homeland Security also would be required to submit a report within 18 months showing how the worker verification system is working, and specifically explain how it is affecting the nation's agriculture industry, which relies heavily on illegal immigrant workers.
The draft obtained by USA TODAY does not include sections that would alter the nation's legal immigration system to adjust the future flow of legal immigrants, which is expected to be a critical component of any immigration overhaul.
Wednesday, August 15, 2012
Bloomberg Wants Election Debate of Immigration
Story first reported from AP News
CHICAGO (AP) - New York Mayor Michael Bloomberg sought Tuesday to ignite debate over immigration among the presidential contenders, saying there was no faster or cheaper way to fix the nation's economic problems than by abandoning "self-defeating" immigration policies.
In an editorial published Tuesday and at appearances before business leaders in Chicago and Boston, Bloomberg laid out some of his ideas, saying immigrants and the businesses they create are engines for America's economic recovery.
He spoke alongside William Daley, President Barack Obama's former chief of staff, before heading East to a similar forum discussion with conservative media mogul Rupert Murdoch.
"If Bill and Rupert can find common ground - and they can - there's no reason Democrats and Republicans in Washington should remain burrowed in their partisan foxholes," said the editorial by Bloomberg, a Democrat-turned-Republican-turned-independent.
Bloomberg has long argued that the United States is committing economic suicide by sending the nation's top international students and the world's most promising entrepreneurs to other shores. In Chicago, he pointed to a study released Tuesday by a partnership of U.S. mayors and business leaders that he co-chairs, which found, among other things, that immigrants were responsible for one out of four new businesses started last year.
"I know of no ways to help our economy as quickly and as cost-free as opening up proper ways to people who will come here, create jobs, create businesses, help our universities," Bloomberg said. "Immigration is what built the country, immigration is what kept this country going for the last 235 years and now we seem to have walked away from it."
In his editorial, published by the Bloomberg News service he owns, the New York mayor said the U.S. was falling perilously behind other nations in wooing skilled immigrants. He presented some specific proposals: green cards for top foreign graduate students at U.S. colleges, a much higher percentage of green cards awarded on the basis of economic needs, a visa specifically for entrepreneurs and a guest worker program for seasonal labor.
He also advocated a path to citizenship for the millions of illegal immigrants in the U.S.
During the Boston forum, Murdoch called it a "scandal" that temporary work visas send highly skilled graduates away after a certain amount of time in the U.S. If an immigrant graduates from college in a science, technology or math field, Murdoch said, he or she should have a green card stapled to the diploma.
Bloomberg and Murdoch pressed the two presidential campaigns to detail proposals on immigration.
Obama pledged in 2008 to push for passage of comprehensive changes in immigration laws, but the effort stalled in Congress. Obama then issued a directive in June that protects immigrants who were brought to the U.S. illegally as children, exempting them from deportation. The policy grants temporary work permits to those who apply, but it does not provide a path to citizenship.
Republican challenger Mitt Romney has criticized the directive but has not said whether he would reverse it, pledging instead an unspecified "civil but resolute" long-term fix to illegal immigration.
During the Boston forum, Bloomberg, who has belonged to both major parties, called the Republican tendency to oppose immigration changes "one of the dumbest strategies" he had ever heard of.
The Australian-born Murdoch said that if Romney courted a pro-immigration stance, it could actually help his chances of winning the presidential bid because many Hispanic immigrants tend to be socially conservative.
Whoever wins the presidential election, they said, will need to get a handle over Congress and force lawmakers to work together in the interests of the country.
"Brilliant gutsy people, leaders, make investments when times are tough and leaders bring along other people," Bloomberg said.
In addition to pushing political leaders to pursue changes to the country's immigration policies, Bloomberg urged voters to appeal to what "drives" politicians: keeping their jobs.
"What I've got to do is try to make the public understand that if they demand great government, they can have it, but it's up to the public in the end to hold government's feet to the fire," he said.
A spokesman for the mayor would not elaborate on how Bloomberg planned push the message but said the office is optimistic there is enough time to get it out.
Bloomberg, a former entrepreneur who parlayed a Wall Street layoff into a multibillion-dollar financial information services empire, has very publicly flirted with the idea of running for president in the past. As this election cycle solidified, speculation has turned toward whether he might endorse one of the candidates.
Bloomberg also has urged both Obama and Romney to address gun violence - another pet issue of the New York mayor - and has said he would congratulate any candidate who comes forward with a plan.
CHICAGO (AP) - New York Mayor Michael Bloomberg sought Tuesday to ignite debate over immigration among the presidential contenders, saying there was no faster or cheaper way to fix the nation's economic problems than by abandoning "self-defeating" immigration policies.
In an editorial published Tuesday and at appearances before business leaders in Chicago and Boston, Bloomberg laid out some of his ideas, saying immigrants and the businesses they create are engines for America's economic recovery.
He spoke alongside William Daley, President Barack Obama's former chief of staff, before heading East to a similar forum discussion with conservative media mogul Rupert Murdoch.
"If Bill and Rupert can find common ground - and they can - there's no reason Democrats and Republicans in Washington should remain burrowed in their partisan foxholes," said the editorial by Bloomberg, a Democrat-turned-Republican-turned-independent.
Bloomberg has long argued that the United States is committing economic suicide by sending the nation's top international students and the world's most promising entrepreneurs to other shores. In Chicago, he pointed to a study released Tuesday by a partnership of U.S. mayors and business leaders that he co-chairs, which found, among other things, that immigrants were responsible for one out of four new businesses started last year.
"I know of no ways to help our economy as quickly and as cost-free as opening up proper ways to people who will come here, create jobs, create businesses, help our universities," Bloomberg said. "Immigration is what built the country, immigration is what kept this country going for the last 235 years and now we seem to have walked away from it."
In his editorial, published by the Bloomberg News service he owns, the New York mayor said the U.S. was falling perilously behind other nations in wooing skilled immigrants. He presented some specific proposals: green cards for top foreign graduate students at U.S. colleges, a much higher percentage of green cards awarded on the basis of economic needs, a visa specifically for entrepreneurs and a guest worker program for seasonal labor.
He also advocated a path to citizenship for the millions of illegal immigrants in the U.S.
During the Boston forum, Murdoch called it a "scandal" that temporary work visas send highly skilled graduates away after a certain amount of time in the U.S. If an immigrant graduates from college in a science, technology or math field, Murdoch said, he or she should have a green card stapled to the diploma.
Bloomberg and Murdoch pressed the two presidential campaigns to detail proposals on immigration.
Obama pledged in 2008 to push for passage of comprehensive changes in immigration laws, but the effort stalled in Congress. Obama then issued a directive in June that protects immigrants who were brought to the U.S. illegally as children, exempting them from deportation. The policy grants temporary work permits to those who apply, but it does not provide a path to citizenship.
Republican challenger Mitt Romney has criticized the directive but has not said whether he would reverse it, pledging instead an unspecified "civil but resolute" long-term fix to illegal immigration.
During the Boston forum, Bloomberg, who has belonged to both major parties, called the Republican tendency to oppose immigration changes "one of the dumbest strategies" he had ever heard of.
The Australian-born Murdoch said that if Romney courted a pro-immigration stance, it could actually help his chances of winning the presidential bid because many Hispanic immigrants tend to be socially conservative.
Whoever wins the presidential election, they said, will need to get a handle over Congress and force lawmakers to work together in the interests of the country.
"Brilliant gutsy people, leaders, make investments when times are tough and leaders bring along other people," Bloomberg said.
In addition to pushing political leaders to pursue changes to the country's immigration policies, Bloomberg urged voters to appeal to what "drives" politicians: keeping their jobs.
"What I've got to do is try to make the public understand that if they demand great government, they can have it, but it's up to the public in the end to hold government's feet to the fire," he said.
A spokesman for the mayor would not elaborate on how Bloomberg planned push the message but said the office is optimistic there is enough time to get it out.
Bloomberg, a former entrepreneur who parlayed a Wall Street layoff into a multibillion-dollar financial information services empire, has very publicly flirted with the idea of running for president in the past. As this election cycle solidified, speculation has turned toward whether he might endorse one of the candidates.
Bloomberg also has urged both Obama and Romney to address gun violence - another pet issue of the New York mayor - and has said he would congratulate any candidate who comes forward with a plan.
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Tuesday, June 26, 2012
Arizona Immigration Law Gets Cut up
Story first appeared in The Wall Street Journal.
The Supreme Court struck down the harshest parts of an Arizona law targeting illegal immigrants, ruling the state interfered with congressional authority over U.S. borders, but it let stand a requirement that police check the immigration status of people they stop for traffic or other offenses.
By a vote of 6-2, the court voided a provision making it a state crime for an immigrant to fail to carry federal registration papers. By 5-3 votes, it invalidated sections that authorized jail time for illegal immigrants who seek work in Arizona and that gave state and local police more power to arrest immigrants suspected of offenses.
Arizona's one victory came in the court's decision to uphold the status-check provision. Federal law already requires immigration authorities to respond to checks from state and local officers, indicating that Congress saw nothing wrong with such consultation between arms of government.
The ruling on the state law, known as SB 1070, was greeted with cautious favor from people on both sides of immigration debate. Opponents of the law were generally relieved and said the ruling lifted some of the fears illegal immigrants felt about being picked up by state police during everyday activities. But they said much would depend on how the surviving provision is interpreted.
There's still going to be a lot of uncertainty until it's clear how police will approach this, according to Columbus Immigration Lawyers.
The Maricopa County, Ariz., Sheriff, known for his tough stance on illegal immigrants, said the most important part of the law was upheld.
Although the status-check provision contains no criminal sanctions or authority for the state to hold illegal immigrants without federal permission, it emerged as the flash point of controversy over effectively enlisting every Arizona law officer in a state campaign to "discourage and deter" the presence of illegal immigrants, as the statute says.
Raleigh Immigration Lawyers feel that the court left open the possibility that the surviving provision could be challenged, should it lead to prolonged detentions solely to determine immigration status.
The government of the United States has broad, undoubted power over the subject of immigration and the status of aliens. Immigration policy can affect trade, investment, tourism and diplomatic relations for the entire nation.
One Justice agreed with the majority that Arizona's alien-registration requirement was void, but voted to uphold SB 1070 provisions making it a crime for illegal immigrants to seek work and authorizing warrantless arrests of certain aliens. Two other Justices each filed separate dissents arguing that SB 1070 should be upheld in its entirety.
The majority deprives States of what most would consider the defining characteristic of sovereignty: the power to exclude from the sovereign's territory people who have no right to be there.
One Justice acknowledged that the problems posed to the State by illegal immigration must not be underestimated, and cited figures indicating that unauthorized aliens are responsible for a disproportionate share of serious crime—a reported 21.8% of felonies in Maricopa County, which includes Phoenix, where they constitute 8.9% of the population.
Nonetheless, since 1940, the federal government has occupied the field of alien registration, leaving no room for Arizona to pile on penalties. SB 1070 went further than federal law, forbidding probation and even the possibility of a pardon for such an offense.
Another SB 1070 section made it a crime for an illegal immigrant to seek work, in contrast to federal law, which punishes employers for hiring unauthorized immigrants but not the workers themselves, unless they used fraudulent documents or committed perjury to obtain work. The state law would interfere with the careful balance struck by Congress over the labor market.
One Justice concluded with a paean to America's history as a nation of immigrants, observing that last month a dozen immigrants stood before the tattered flag that inspired Francis Scott Key to write the National Anthem and took the oath of citizenship.
Opponents of the law said they would redouble efforts to challenge the remaining part of the law. This proves Arizona cannot criminalize immigrants.
A Republican governor who signed the law in 2010, called the ruling a victory and said she had once again ordered law-enforcement officials to undergo training on how to enforce the law without engaging in racial profiling.
As a result of Monday's ruling, state officials can't jail an illegal immigrant under state law solely for failing to carry papers. In the absence of another crime, the most they can do is refer the case to federal authorities for possible deportation proceedings.
Federal policy will continue to put priority on deporting those who commit crimes, have repeatedly violated immigration laws or have crossed the border recently. That means otherwise law-abiding immigrants aren't likely to face deportation, even if Arizona police, using the surviving part of the law, discover the immigrants lack documents allowing them to be in the U.S.
Arizona's illegal-immigration measure, officially titled the Support Our Law Enforcement and Safe Neighborhoods Act, reflected outrage among tea-party conservatives over what they considered lax enforcement by federal immigration authorities. Yet Arizona voters sent a mixed message on the measure when its author, state Senate President Russell Pearce, lost his seat in a November recall election to another Republican.
Similar measures have been introduced in other states, including Alabama, which recently drew unwelcome attention when executives from German and Japanese car makers that the state had lured there were arrested for failing to produce immigration papers.
Reaction was mixed in Georgia, Alabama and South Carolina, three states that passed legislation in 2011 aimed at restricting illegal immigration. Those laws had a provision similar to the one in Arizona that was upheld. Alabama House Speaker Mike Hubbard, a Republican, called the ruling a victory, while opponents in the three states said the Supreme court had upheld their view that immigration was essentially a federal matter.
Each state law has other provisions, including some that weren't in the Arizona statute, and it wasn't clear how federal courts would apply the Supreme Court's reasoning in those cases. Georgia made it a state crime for people to knowingly house or transport an illegal immigrant, a provision that was blocked by a lower court and is now under appeal.
The Supreme Court struck down the harshest parts of an Arizona law targeting illegal immigrants, ruling the state interfered with congressional authority over U.S. borders, but it let stand a requirement that police check the immigration status of people they stop for traffic or other offenses.
By a vote of 6-2, the court voided a provision making it a state crime for an immigrant to fail to carry federal registration papers. By 5-3 votes, it invalidated sections that authorized jail time for illegal immigrants who seek work in Arizona and that gave state and local police more power to arrest immigrants suspected of offenses.
Arizona's one victory came in the court's decision to uphold the status-check provision. Federal law already requires immigration authorities to respond to checks from state and local officers, indicating that Congress saw nothing wrong with such consultation between arms of government.
The ruling on the state law, known as SB 1070, was greeted with cautious favor from people on both sides of immigration debate. Opponents of the law were generally relieved and said the ruling lifted some of the fears illegal immigrants felt about being picked up by state police during everyday activities. But they said much would depend on how the surviving provision is interpreted.
There's still going to be a lot of uncertainty until it's clear how police will approach this, according to Columbus Immigration Lawyers.
The Maricopa County, Ariz., Sheriff, known for his tough stance on illegal immigrants, said the most important part of the law was upheld.
Although the status-check provision contains no criminal sanctions or authority for the state to hold illegal immigrants without federal permission, it emerged as the flash point of controversy over effectively enlisting every Arizona law officer in a state campaign to "discourage and deter" the presence of illegal immigrants, as the statute says.
Raleigh Immigration Lawyers feel that the court left open the possibility that the surviving provision could be challenged, should it lead to prolonged detentions solely to determine immigration status.
The government of the United States has broad, undoubted power over the subject of immigration and the status of aliens. Immigration policy can affect trade, investment, tourism and diplomatic relations for the entire nation.
One Justice agreed with the majority that Arizona's alien-registration requirement was void, but voted to uphold SB 1070 provisions making it a crime for illegal immigrants to seek work and authorizing warrantless arrests of certain aliens. Two other Justices each filed separate dissents arguing that SB 1070 should be upheld in its entirety.
The majority deprives States of what most would consider the defining characteristic of sovereignty: the power to exclude from the sovereign's territory people who have no right to be there.
One Justice acknowledged that the problems posed to the State by illegal immigration must not be underestimated, and cited figures indicating that unauthorized aliens are responsible for a disproportionate share of serious crime—a reported 21.8% of felonies in Maricopa County, which includes Phoenix, where they constitute 8.9% of the population.
Nonetheless, since 1940, the federal government has occupied the field of alien registration, leaving no room for Arizona to pile on penalties. SB 1070 went further than federal law, forbidding probation and even the possibility of a pardon for such an offense.
Another SB 1070 section made it a crime for an illegal immigrant to seek work, in contrast to federal law, which punishes employers for hiring unauthorized immigrants but not the workers themselves, unless they used fraudulent documents or committed perjury to obtain work. The state law would interfere with the careful balance struck by Congress over the labor market.
One Justice concluded with a paean to America's history as a nation of immigrants, observing that last month a dozen immigrants stood before the tattered flag that inspired Francis Scott Key to write the National Anthem and took the oath of citizenship.
Opponents of the law said they would redouble efforts to challenge the remaining part of the law. This proves Arizona cannot criminalize immigrants.
A Republican governor who signed the law in 2010, called the ruling a victory and said she had once again ordered law-enforcement officials to undergo training on how to enforce the law without engaging in racial profiling.
As a result of Monday's ruling, state officials can't jail an illegal immigrant under state law solely for failing to carry papers. In the absence of another crime, the most they can do is refer the case to federal authorities for possible deportation proceedings.
Federal policy will continue to put priority on deporting those who commit crimes, have repeatedly violated immigration laws or have crossed the border recently. That means otherwise law-abiding immigrants aren't likely to face deportation, even if Arizona police, using the surviving part of the law, discover the immigrants lack documents allowing them to be in the U.S.
Arizona's illegal-immigration measure, officially titled the Support Our Law Enforcement and Safe Neighborhoods Act, reflected outrage among tea-party conservatives over what they considered lax enforcement by federal immigration authorities. Yet Arizona voters sent a mixed message on the measure when its author, state Senate President Russell Pearce, lost his seat in a November recall election to another Republican.
Similar measures have been introduced in other states, including Alabama, which recently drew unwelcome attention when executives from German and Japanese car makers that the state had lured there were arrested for failing to produce immigration papers.
Reaction was mixed in Georgia, Alabama and South Carolina, three states that passed legislation in 2011 aimed at restricting illegal immigration. Those laws had a provision similar to the one in Arizona that was upheld. Alabama House Speaker Mike Hubbard, a Republican, called the ruling a victory, while opponents in the three states said the Supreme court had upheld their view that immigration was essentially a federal matter.
Each state law has other provisions, including some that weren't in the Arizona statute, and it wasn't clear how federal courts would apply the Supreme Court's reasoning in those cases. Georgia made it a state crime for people to knowingly house or transport an illegal immigrant, a provision that was blocked by a lower court and is now under appeal.
For more Law News,
visit the Nation of Law blog.
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Room blog.
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the Michigan Business News blog.
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visit the Commercial and Residential Real Estate blog.
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Wednesday, May 30, 2012
Fingerprint Program Causes A Stir
Story first appeared in The Wall Street Journal.
A program that gives federal immigration officials access to the fingerprints of undocumented immigrants booked into local jails will start Tuesday across New York state despite staunch opposition from advocates and lawmakers, including the governor.
A law-enforcement official familiar with the program, called Secure Communities, confirmed that New York City and 30 other jurisdictions would join the 31 communities that already have the program in place. Suffolk, Nassau and Westchester counties, among others, have participated in Secure Communities for more than a year.
Asked about the program at a Friday news conference, New York City Police Commissioner Raymond Kelly said that they prefer that they not do that here.
The federal government's position is that it's required under the law and they're doing it. The police force is obviously complying. They're taking it automatically, actually. It's a policy decision. They're complying to the extent that they have to, say Raleigh Immigration Lawyers.
Secure Communities aims at identifying and deporting illegal immigrants who are convicted of crimes. But critics say it has resulted in the deportation of thousands of people who are accused of crimes but not convicted, and erodes the trust between immigrant communities and law enforcement.
Advocates and others argue that some immigrants may become hesitant to report crimes or act as witnesses, incorrectly believing they risk deportation just by speaking with police.
Already, the fingerprints of suspects in jail are sent to the Federal Bureau of Investigation. Under the Secure Communities program, those fingerprints are also shared with U.S. Immigration and Customs Enforcement.
In an email, an ICE spokesman said Secure Communities has proven to be the single most valuable tool in allowing the agency to eliminate the ad hoc approach of the past and focus on criminal aliens and repeat immigration law violators.
To date, Secure Communities has helped ICE remove more than 135,000 convicted criminal aliens, including more than 49,000 convicted of major violent offenses like murder, rape and the sexual abuse of children.
The news of the program's launch startled lawmakers and immigration advocates who nearly a year ago hailed the governor's announcement that he was suspending the state's participation in Secure Communities. At the time, agreements signed with each state suggested that joining the program was voluntary.
Practically speaking, the announcement did little. Although no new communities in New York have activated Secure Communities since then, those that were already using it continued to do so.
In August, a few months after governors began threatening to opt out of the program, the ICE Director sent a letter to governors terminating the agreements.
The agency describes Secure Communities as an information-sharing program between ICE and the FBI—rather than with local law enforcement—and therefore the federal government makes the decision on when and where to activate it.
As of May 11, the program is active in 2,792 jurisdictions in 48 states and Puerto Rico. ICE expects to be nationwide by the end of 2013. Forty states have it statewide, including Connecticut and New Jersey. On Tuesday, Massachusetts, Wyoming and Arkansas will join New York with statewide rollouts.
Speaking on the radio Friday, a City Council Speaker said there will be a rally on City Hall's steps on Monday to urge the federal government to refrain from forcing the city's hand.
She also said the police were being put in a terrible position.
It's just so counter productive to what New York is about as an immigrant city. The police can't disregard the law at the end of the day, but it's a terrible thing to put them in when they should be focusing on real crime.
Until now, New York City would comply with an ICE request to hold a prisoner on Rikers Island only if the person previously had been convicted of a crime, had an outstanding criminal warrant, was a defendant in a pending case, was a gang member or possible terrorist or had previously or currently faced a final deportation order.
Residents wish they would have looked at the process that was developed here, which strikes the right balance by protecting public safety and national security while ensuring we remain immigrant-friendly.
Immigration advocates are planning a rally at ICE headquarters on Monday, said the co-executive director of Make the Road New York. He felt "blindsided" by the news.
A program that gives federal immigration officials access to the fingerprints of undocumented immigrants booked into local jails will start Tuesday across New York state despite staunch opposition from advocates and lawmakers, including the governor.
A law-enforcement official familiar with the program, called Secure Communities, confirmed that New York City and 30 other jurisdictions would join the 31 communities that already have the program in place. Suffolk, Nassau and Westchester counties, among others, have participated in Secure Communities for more than a year.
Asked about the program at a Friday news conference, New York City Police Commissioner Raymond Kelly said that they prefer that they not do that here.
The federal government's position is that it's required under the law and they're doing it. The police force is obviously complying. They're taking it automatically, actually. It's a policy decision. They're complying to the extent that they have to, say Raleigh Immigration Lawyers.
Secure Communities aims at identifying and deporting illegal immigrants who are convicted of crimes. But critics say it has resulted in the deportation of thousands of people who are accused of crimes but not convicted, and erodes the trust between immigrant communities and law enforcement.
Advocates and others argue that some immigrants may become hesitant to report crimes or act as witnesses, incorrectly believing they risk deportation just by speaking with police.
Already, the fingerprints of suspects in jail are sent to the Federal Bureau of Investigation. Under the Secure Communities program, those fingerprints are also shared with U.S. Immigration and Customs Enforcement.
In an email, an ICE spokesman said Secure Communities has proven to be the single most valuable tool in allowing the agency to eliminate the ad hoc approach of the past and focus on criminal aliens and repeat immigration law violators.
To date, Secure Communities has helped ICE remove more than 135,000 convicted criminal aliens, including more than 49,000 convicted of major violent offenses like murder, rape and the sexual abuse of children.
The news of the program's launch startled lawmakers and immigration advocates who nearly a year ago hailed the governor's announcement that he was suspending the state's participation in Secure Communities. At the time, agreements signed with each state suggested that joining the program was voluntary.
Practically speaking, the announcement did little. Although no new communities in New York have activated Secure Communities since then, those that were already using it continued to do so.
In August, a few months after governors began threatening to opt out of the program, the ICE Director sent a letter to governors terminating the agreements.
The agency describes Secure Communities as an information-sharing program between ICE and the FBI—rather than with local law enforcement—and therefore the federal government makes the decision on when and where to activate it.
As of May 11, the program is active in 2,792 jurisdictions in 48 states and Puerto Rico. ICE expects to be nationwide by the end of 2013. Forty states have it statewide, including Connecticut and New Jersey. On Tuesday, Massachusetts, Wyoming and Arkansas will join New York with statewide rollouts.
Speaking on the radio Friday, a City Council Speaker said there will be a rally on City Hall's steps on Monday to urge the federal government to refrain from forcing the city's hand.
She also said the police were being put in a terrible position.
It's just so counter productive to what New York is about as an immigrant city. The police can't disregard the law at the end of the day, but it's a terrible thing to put them in when they should be focusing on real crime.
Until now, New York City would comply with an ICE request to hold a prisoner on Rikers Island only if the person previously had been convicted of a crime, had an outstanding criminal warrant, was a defendant in a pending case, was a gang member or possible terrorist or had previously or currently faced a final deportation order.
Residents wish they would have looked at the process that was developed here, which strikes the right balance by protecting public safety and national security while ensuring we remain immigrant-friendly.
Immigration advocates are planning a rally at ICE headquarters on Monday, said the co-executive director of Make the Road New York. He felt "blindsided" by the news.
For more Law News,
visit the Nation of Law blog.
For more national and worldwide Business News, visit the Peak News
Room blog.
For more local and state of Michigan Business News, visit
the Michigan Business News blog.
For more Health News, visit the
Healthcare and Medical News blog.
For more Electronics
News, visit the Electronics America blog.
For more Real Estate News,
visit the Commercial and Residential Real Estate blog.
For more Advertising
News, visit the Advertising, Marketing and Media blog.
For more Environmental News,
visit the Environmental Responsibility News blog.
For information on website optimization or for the latest SEO News, visit the SEO Done Right
blog.
Tuesday, May 29, 2012
Illegal Immigrants with College Education
Story first appeared in USA Today.
Going to college seemed inconceivable when the 12-year-old daughter of farm workers was brought from Mexico to Central California and the family overstayed their visas.
Even though she excelled in high school, she was in the country illegally, lacked a Social Security number and work permit, and didn't qualify for financial aid. But she volunteered hundreds of hours and paid her way through college and graduate school with a dozen internships.
Now 24, she graduated last week from California State University, Fresno with a master's degree in International Relations, a full-time job and no loans to repay. Using a gray area in federal law, she works as an independent contractor.
With thousands of young adults who were brought to the U.S. illegally as children now holding college degrees, they are finding creative ways to get around the legal roadblocks and find a career. They are getting work experience, opening businesses and seeking professional licenses in their fields.
The Associated Press interviewed about two dozen such graduates across the country. Some, like many legal graduates, are struggling in a grim economy. But others do highly-skilled work, though not always in their professions. Many are "out" about their status despite the risk of deportation; a few asked not to be identified for fear it could cost them their jobs or alert immigration authorities.
There's a pool of talented young people who in their hearts believe they're American, because they're raised and educated here, speak fluent English and have a level of education that equals or surpasses that of average Americans.
The growth in young illegal immigrants with college degrees is spurred by demographics — children who crossed the border with their parents are coming of age — and by laws granting illegal immigrants in-state tuition. Eleven years ago, California and Texas passed such laws, followed by a dozen other states, according to Raleigh Immigration Lawyers.
No one knows how many illegal immigrants are enrolled in colleges or have graduated; schools don't collect such data. But in 2010, an estimated 96,000 young adults without legal status held at least an associate's degree or higher, according to a report from the Migration Policy Institute, a nonpartisan Washington think tank.
What motivated them was hope for the passage of federal legislation that would provide a path to citizenship for those who were brought to the U.S. illegally as children and attended college.
But 11 years later, the DREAM Act— the Development, Relief and Education for Alien Minors measure — is in political gridlock.
Some graduates who are here illegally defer going into the workplace by getting another advanced degree, including the Ph.D., according to interviews. Others leave the country. Others work under the table in low wage jobs, still hoping for immigration reform.
But many who once dreamed of a career with the U.S. Department of State— are driven to find meaningful work without papers.
Although federal law prohibits employers from knowingly hiring illegal immigrants, it does not require those who hire independent contractors to ask for proof of immigration status. As a result, the client who pays for services is not necessarily breaking the law even if the contractor isn't authorized to work in the United States.
And while self-employed illegal immigrants still violate immigration law, they may avoid additional grounds for deportation if they don't present counterfeit documents.
Sanchez consults full-time for a Fresno-area education nonprofit, and teaches literacy and English at an adult school and a domestic violence shelter. But she lives with major frustration. Her parents, who have been crossing the border to work in the fields since the 1970's, are legal residents and her oldest brother is a U.S. citizen through marriage, but it would take years for Sanchez to get a green card through them and pursue her dream of becoming a diplomat.
Other illegal immigrant graduates are pursuing professional licenses in fields such as law and nursing.
Courts in California and Florida are considering cases involving two law school graduates who passed their state bars to determine whether they should be allowed to get licenses to practice law in those states. Both graduates are illegally in this country after being brought here as children.
While such legal issues play out a CUNY School of Law graduate who entered the country illegally when he was 5 years old — passed the New York bar exam and opened a legislative lobbying firm, DRM Capitol Group LLC. He recruited several other so-called Dreamers and a U.S. citizen to work with him.
Though he once planned to be a prosecutor, he's now contributing to congressional blogs and planning to open a Dreamers' Chamber of Commerce.
Organizations and industry leaders have stepped up to help graduates without legal status start careers. The Dream Resource Center at UCLA places such graduates at job sites throughout the country via its national internship program called Dream Summer.
San Francisco-based Educators for Fair Consideration, or E4FC, connects graduates with lawyers and Silicon Valley leaders. Mentors such as Laurene Powell Jobs, widow of Apple Inc. co-founder Steve Jobs, and Palm Pilot inventor Jeff Hawkins provide financial support, life and legal advice and networking clout.
One option they're exploring is getting companies to sponsor graduates for H-1B visas, temporary employment visas for specialty occupations. It has been done in a few cases. But it's risky; the young person has to leave the country and could be barred from returning for ten years.
Despite such sentiments, many graduates have come out publicly about their status and formed a nationwide network through social media, marches and conferences.
Experts say a growing number have become politically active.
Going to college seemed inconceivable when the 12-year-old daughter of farm workers was brought from Mexico to Central California and the family overstayed their visas.
Even though she excelled in high school, she was in the country illegally, lacked a Social Security number and work permit, and didn't qualify for financial aid. But she volunteered hundreds of hours and paid her way through college and graduate school with a dozen internships.
Now 24, she graduated last week from California State University, Fresno with a master's degree in International Relations, a full-time job and no loans to repay. Using a gray area in federal law, she works as an independent contractor.
With thousands of young adults who were brought to the U.S. illegally as children now holding college degrees, they are finding creative ways to get around the legal roadblocks and find a career. They are getting work experience, opening businesses and seeking professional licenses in their fields.
The Associated Press interviewed about two dozen such graduates across the country. Some, like many legal graduates, are struggling in a grim economy. But others do highly-skilled work, though not always in their professions. Many are "out" about their status despite the risk of deportation; a few asked not to be identified for fear it could cost them their jobs or alert immigration authorities.
There's a pool of talented young people who in their hearts believe they're American, because they're raised and educated here, speak fluent English and have a level of education that equals or surpasses that of average Americans.
The growth in young illegal immigrants with college degrees is spurred by demographics — children who crossed the border with their parents are coming of age — and by laws granting illegal immigrants in-state tuition. Eleven years ago, California and Texas passed such laws, followed by a dozen other states, according to Raleigh Immigration Lawyers.
No one knows how many illegal immigrants are enrolled in colleges or have graduated; schools don't collect such data. But in 2010, an estimated 96,000 young adults without legal status held at least an associate's degree or higher, according to a report from the Migration Policy Institute, a nonpartisan Washington think tank.
What motivated them was hope for the passage of federal legislation that would provide a path to citizenship for those who were brought to the U.S. illegally as children and attended college.
But 11 years later, the DREAM Act— the Development, Relief and Education for Alien Minors measure — is in political gridlock.
Some graduates who are here illegally defer going into the workplace by getting another advanced degree, including the Ph.D., according to interviews. Others leave the country. Others work under the table in low wage jobs, still hoping for immigration reform.
But many who once dreamed of a career with the U.S. Department of State— are driven to find meaningful work without papers.
Although federal law prohibits employers from knowingly hiring illegal immigrants, it does not require those who hire independent contractors to ask for proof of immigration status. As a result, the client who pays for services is not necessarily breaking the law even if the contractor isn't authorized to work in the United States.
And while self-employed illegal immigrants still violate immigration law, they may avoid additional grounds for deportation if they don't present counterfeit documents.
Sanchez consults full-time for a Fresno-area education nonprofit, and teaches literacy and English at an adult school and a domestic violence shelter. But she lives with major frustration. Her parents, who have been crossing the border to work in the fields since the 1970's, are legal residents and her oldest brother is a U.S. citizen through marriage, but it would take years for Sanchez to get a green card through them and pursue her dream of becoming a diplomat.
Other illegal immigrant graduates are pursuing professional licenses in fields such as law and nursing.
Courts in California and Florida are considering cases involving two law school graduates who passed their state bars to determine whether they should be allowed to get licenses to practice law in those states. Both graduates are illegally in this country after being brought here as children.
While such legal issues play out a CUNY School of Law graduate who entered the country illegally when he was 5 years old — passed the New York bar exam and opened a legislative lobbying firm, DRM Capitol Group LLC. He recruited several other so-called Dreamers and a U.S. citizen to work with him.
Though he once planned to be a prosecutor, he's now contributing to congressional blogs and planning to open a Dreamers' Chamber of Commerce.
Organizations and industry leaders have stepped up to help graduates without legal status start careers. The Dream Resource Center at UCLA places such graduates at job sites throughout the country via its national internship program called Dream Summer.
San Francisco-based Educators for Fair Consideration, or E4FC, connects graduates with lawyers and Silicon Valley leaders. Mentors such as Laurene Powell Jobs, widow of Apple Inc. co-founder Steve Jobs, and Palm Pilot inventor Jeff Hawkins provide financial support, life and legal advice and networking clout.
One option they're exploring is getting companies to sponsor graduates for H-1B visas, temporary employment visas for specialty occupations. It has been done in a few cases. But it's risky; the young person has to leave the country and could be barred from returning for ten years.
Despite such sentiments, many graduates have come out publicly about their status and formed a nationwide network through social media, marches and conferences.
Experts say a growing number have become politically active.
For more Law News,
visit the Nation of Law blog.
For more national and worldwide Business News, visit the Peak News
Room blog.
For more local and state of Michigan Business News, visit
the Michigan Business News blog.
For more Health News, visit the
Healthcare and Medical News blog.
For more Electronics
News, visit the Electronics America blog.
For more Real Estate News,
visit the Commercial and Residential Real Estate blog.
For more Advertising
News, visit the Advertising, Marketing and Media blog.
For more Environmental News,
visit the Environmental Responsibility News blog.
For information on website optimization or for the latest SEO News, visit the SEO Done Right
blog.
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