Category Archives: Immigration Reform 2013

Ken Schmitt debates comprehensive immigration reform with Congressman Davis.

Congress working on immigration reform?Recently this author went head to head with Congressman Davis (Illinois-R) on the issue of Immigration Reform in the다운로드. " href="http://www.ibjonline.com/" target="_blank"> Illinois Business Journal.  Drawing on a number of respected economic studies, this author attempted to demonstrate the enormous economic opportunity costs we continue to suffer at the local, state and federal level as a result of Congress’ failure to fix our broken immigration system.  Ultimately, the argument concludes that any “fix” implemented will fail if it does not provide a pathway to legalization for a significant majority of the 11+ million undocumented individuals living and working in our communities.  Enforcement only or enforcement first approaches cannot and will not work.  You can read the argument and see if it convinces you by clicking here:     Ken Schmitt’s Point Article wsd download.

Congressman Davis’ Counterpoint argument provided a rendition of the tried and tired talking points we have heard over the last several years from the Republican party: “Enforce the law and strengthen the boarder.”  Not a surprise, the Congressman did not address the undocumented immigrant population and offered no solution to fix our broken system.  Just more resources to be thrown at an immigration system that fails our families, communities, businesses and our collective future.  You can read Congressman Davis’ Counterpoint argument by clicking here:  Rep 다운로드. Rodney Davis (Illinois R) Counterpoint.

Immigration Reform Update: Napolitano Pushes for Broader Executive Action!

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The Washington Post.  October 27, 2014.  1201 a.m 유튜브 연령 제한 다운로드.

The Washington Post this weekend reported that former Department of Homeland Security Secretary Janet Napolitano stated in an interview:

“If Congress refuses to act and perform its duties, then I think it’s appropriate for the executive to step in and use his authorities based on law . .  텔레 그램 pc 버전 다운로드. to take action in the immigration arena,’’ Napolitano, a lawyer and former U.S. attorney in Arizona, said in an exclusive interview with The Washington Post 다운로드.

She made her remarks to the Washington Post ahead of what the Post has reported will be a significant speech by her scheduled for Monday, October 27, 2014 to be delivered in Georgia.  The Post has further reported that she is expected to detail the heated debate that took place inside the Administration in 2012 when the Administration and Napolitano announced and implemented the Deferred Action for Childhood Arrivals (DACA) program.  DACA  is now considered to be largely successful, benefiting over 580,000 young immigrants to date.  It is expected that Napolitano will detail how she urged much broader action in 2012.  It is expected that she will likely push for broader action now 다운로드.

You can read the complete Washington Post Article by clicking here 다운로드.

Hopefully, Secretary Nepolitano’s interview this weekend and her speech on Monday is part of a broader effort to lay the groundwork for a concerted push for expanded executive action once the November elections are over!  Stay tuned 삼성노트북 무선랜 드라이버 다운로드.

DACA Update and Things to Come?

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Earlier this week, the United States Citizenship and Immigration Service (USCIS) published its updated performance statistics for the Deferred Action for Early Childhood Arrivals (DACA) program.  The data is published through June 2014 and therefore covers almost a solid two years of data since DACA applications first could be filed in August 2012.  The performance data can be reviewed in its entirety here:

USCIS DACA Stats through to mid year 2014 다운로드.

Of some note, the data reflects that nearly 581,000 DACA approvals have been issued since August 2012.  Nearly 24,000 DACA denials have been issued during the same time period 윈도우10 익스플로러 11 다운로드.

While 581,000 may seem like a fairly large number indicating a successful program, this number actually falls significantly short of the nearly 937,000 immediately eligible individuals estimated at the announcement of the program in July 2012.  See the below analysis by Rob Paral prepared for the American Immigration Council / Immigration Policy Center 다운로드.

 7.31.2012 IPC Article on Who and Where the Dreamer DA Cases Are

In the meantime, The Hill newspaper reported yesterday that Obama is facing extreme pressure from immigration reform groups to move forward on an expanded prosecutorial discretion program – one which would benefit a much broader class of individuals.  Of course, the President is also facing fierce push back from the Republicans on the right X force 2014 download.

The Hill article quotes our own Professor Legomsky of Washington University School of Law who is back on the faculty after serving two years as Chief Counsel to USCIS then director, Mayorkas.  As Chief Counsel, Professor Legomsky was truly in the USCIS inner circle and had a significant hand in guiding the formulation of the USCIS Policy Memorandum that eventually resulted in the DACA program 다운로드.

The Hill article can be downloaded here:

8.26.2014 The Hill-obama-pressed

To understand the current debate over any expanded executive action which may or may not occur this year, it is very important to realize that what is being considered is purely an exercise of the President’s discretion to decide where and where not to expend the very limited resources appropriated by the Congress to enforce the immigration law 다운로드.

By the way, this discretion is actually a well established constitutionally protected prerogative of the Executive branch of the federal government rooted in the separation of powers doctrine 다운로드. On many past occasions, the Supreme Court has explained that if the Executive did not have the power of prosecutorial discretion, the Congress would be too easily enabled to move from writing the law into meddling with the enforcement of the law.  The constitution unequivocally delegates the power to write laws to Congress but the power to execute the law to the Executive 구글 지도 앱.

Since it is well established that there are in excess of 11 million undocumented individuals currently in the United States and the Congress only appropriates each year enough money to remove approximately 400,000 people a year (including removals of new arrivals at the boarder, not just folks already living in the interior United States), the President is left with no option but to prioritize where and how removal resources should be expended 다운로드.

Importantly, this reality we find ourselves in is entirely of the Congress’ own creation by its complete failure to address comprehensive immigration reform, the blind insistence by some Congressional members that immigration law be enforced to the maximum extent possible all coupled with the Congress’ refusal to budget anywhere near the money necessary to do so.  It’s a classic example the child stomping his feet and demanding to have all the goodies but not wanting to pay for them 다운로드.

Consequently, the President is left to a triage approach to immigration enforcement.  Under these conditions, it is simply common sense that the President must prioritize enforcement and focus the very limited enforcement resources available to him on the folks who pose the gravest threat to our communities such as those convicted of violent felony crimes.  Meanwhile, the undocumented immigrants technically subject to removal but who work, pay taxes, go to church, raise their children, cook our food, clean our houses, mow our yards (i.e. the VAST MAJORITY of the undocumented immigrants in our communities) will certainly end up being given a pass. Same old rule applies Congress, you get what you pay for.

The upshot to all this is that our communities will actually be better for it.

Stay tuned, Autumn will be interesting even after the elections.

Immigrants, Immigration Courts and Chicken Littles–all by the Numbers!

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Many folks have passionate opinions about our immigration system and how to fix it.  Usually these opinions flow from what people believe about our immigrant new Americans and how the immigration and enforcement process in this country functions or fails to function.  As in any debate, however, the old adage holds firmly true:  “Everyone is entitled to their own opinion, but they are not entitled to their own facts”.  So, the facts (and in this case, the hard numbers) really do matter 다운로드.

And that’s where the University of Syracuse comes in.  The University provides a great public service which is completely free (donations welcome of course) that is invaluable to ensuring an intelligent and productive immigration debate.  The service is called the Transactional Records Access Clearinghouse (TRAC) and is a free public repository of seemingly endless government data, often obtained through the Freedom of Information Act 다운로드. The data pertains to a wide variety of topics, is published online and is easily accessed by the public.  You can find the TRAC database by clicking here 탭 소닉 크랙 판 다운로드.

One of the most interesting “reality checks” that emerges by sifting through this data can be gleaned using a particular data set tool on the TRAC site which can be found here 윈도우 소프트웨어 다운로드. This particular tool analyzes data related to immigrant children in removal proceedings; by state, by whether the child in proceedings has legal counsel and by whether they actually show up for their court cases ios 8.4. Any person in removal proceedings (in this case a minor) who does not appear before the court as scheduled is usually ordered removed from the county in abstensia (in the person’s absence).  Thus, in abstensia orders of removal serve as a near perfect proxy for failures to appear 아이폰 노래 다운로드.

Now, consider the heated rhetoric of many elected politicians shrieking that the unaccompanied minors pouring over the border, if not immediately returned home, would simply disappear into the US population and never bother to appear in immigration court as ordered.  Some Chicken Little politicians have publicly warned that as many as 90% of all unaccompanied minors in removal proceedings currently fail to appear.  This argument might seem like common sense–surely the sky must really be falling.  But again, one is entitled to their opinions, but not their own facts.  And the facts, or in this case the numbers, just don’t support the Chicken Littles 최적화 프로그램 다운로드.

Back to TRAC.  By utilizing the tools linked above, one can easily examine the following data sets:

2005 to present: Number of minors in removal proceedings unrepresented (pro se) whose cases were closed by an in abstensia order of removal (i.e 포켓몬 다운로드. they failed to appear for their court case):  29% failed to appear, over 70% appeared.

Juveniles – Immigration Court Deportation Proceedings — all states-pro se

2005 to present: Number of minors in removal proceedings with legal counsel whose cases were closed by an in abstensia order of removal (i.e 다운로드. they failed to appear for their court case even though they had a lawyer):  4.5% failed to appear, over 95% appeared.

Juveniles – Immigration Court Deportation Proceedings–all states–with counsel

Being from the generation who grew up watching Bugs Bunny on TV, I can’t help hearing the famous rabbit TV star’s words ring in my head:  “what’s all the hubbub, bub?”

Funny thing about facts–sometimes they just won’t get with the agenda 모털엔진! And in this case, the facts show that an enormously high percentage of minors in removal proceedings really do show up for court.  Fair enough, nearly 30% who aren’t fortunate enough to afford a lawyer don’t go to their court date and overall slightly more than 18% don’t show up. (Set aside for the moment what this might say about the inequity of being in removal proceedings without counsel–save that for another post!) But 90% no show–no way! Myth busted!

For now, our nation’s collective conscience is fixated on the racial inequities that have been exposed by Michael Brown’s death in Ferguson, Missouri–and rightfully so.  However, sooner than we may realize, our collective focus and, hopefully the Administration’s as well, will again shift to the other great human rights calamity challenging our nation–our broken immigration system.  When attentions shift back, you can bet the fever pitched Chicken Little rhetoric prophesying the sky’s fall will crescendo.  When it does, best to take a breath, look at the numbers and separate rhetoric from reality.

We certainly will! Stay tuned!

 

 

House Democrats File Comprehensive Immigration Reform Bill – Immigration Reform 2013 Update

Immigration Reform Now!On October 2, 2013, Democrats in the House of Representatives introduced comprehensive immigration reform legislation that would create a pathway to citizenship for many of the 11 million or so undocumented immigrants currently living in the United States 다운로드. The bill is largely modeled after the Senate bill which was approved in June, but also includes some elements from House legislation regarding border security and eliminates the “border surge” provisions of the Senate bill that were added as an amendment shortly before being approved 다운로드.

The question now is what this bill does to move the process of immigration reform in 2013 forward. According to some observers, the bill itself is not likely to receive a vote in the House because the Republican leadership has made it clear that they do not favor either the Senate’s approach or doing immigration reform in a comprehensive manner 제인에어 다운로드. Indeed, chairman of the House Judiciary Committee, Republican Bob Goodlatte, has indicated that he wants to introduce a number of different bills that target different areas of our immigration system rather than one large bill 주사위의 신 다운로드. It should be noted that none of these bills, so far, offer a path to citizenship and most, if not all, have been heavily criticized by the American Immigration Lawyers Association for their harsh and unrealistic provisions 다운로드.

What this bill might do is to create pressure of the House leadership to move forward with some legislation which could be taken to a conference committee with the Senate 우분투 버전 다운로드. Alternatively, the House leadership could allow a vote on the bill or a similar bill, which would stand a good chance of passing with some limited Republican support 다운로드. In short, the passage of immigration reform this year is by no means guaranteed, but at the moment it is not yet dead either.

Photo attribution 다운로드.

Update on Immigration Reform 2013

153681668_f90f86904d_oOn June 27, 2013, the Senate passed a bipartisan immigration bill with a strong majority of 68 voting for the bill 티비무료다시보기 다운로드. This bill would provide some of the most significant reforms to our immigration system in decades, including a path to legalization that could help as many as 10 million immigrants legalize their status 다운로드. What you might be wondering at this point, is, “what happened?”

The unfortunate answer is that not much has happened since the Senate’s passage of S 744 다운로드. A combination of resistance in the House and intervening events has pushed immigration reform onto the back burner of the legislative agenda. However, there is still a strong chance for immigration reform to pass this year, even if it doesn’t appear likely at the moment 다운로드.

Photo attribution 다운로드.