It’s another rough day to be an immigration attorney in America. Yesterday, a decision was issued that seriously undermines the ability of immigrants to seek asylum in this country. The administration is continuing its war against immigrants, building its invisible wall to complement the one they want to put on the border and finding new ways to keep immigrants from coming here or from obtaining protections. A crazy thing about our immigration system it is that the Immigration Courts are entirely under the control of the Department of Justice (DOJ).
In June 2013, Immigration Briefings, a West publication serving lawyers, published Dree Collopy’s article entitled “I-601A Provisional Unlawful Presence: A Practitioner’s Guide for Preserving Family Unity.” (June2013_IB) Intended to help attorneys navigate the new legal landscape of the I-601A provisional waiver, Dree’s article demonstrates Dree’s expertise in hardship waivers and skill in getting the most for her clients. (PS- That’s Dree in the middle, getting an award!) The article identifies the problems that the I-601A provisional waiver was meant to solve and the practical step lawyers should follow to ensure that they prepare a proper application.
Today, the Supreme Court ruled 7-2 in Arizona v. Inter Tribal Council of Arizona, Inc. that the state of Arizona cannot separately require an individual to prove he is a citizen in order to register to vote beyond the regulations set forth by the federal government. This decision stated that Arizona’s additional “proof of citizenship” form was contrary to the National Voter Registration Act, the federal law establishing a specific form for Voter Registration.
Dear Congressman Bachus, Thank you very much for speaking out about the overuse of detention by Immigration & Customs Enforcement (ICE) in civil proceedings to determine the removability of individuals in the U.S. By stating and asking “it looks to me like there is an overuse of detention by this administration. If these people are not safety risks . . . why are we detaining them?,” you have joined the growing chorus of Americans who wonder why the government, during a time of fiscal crisis, spends so much money locking people up during immigration proceedings when they present no danger to society.
Yesterday, we had some fun noting that Israeli supermodel Bar Rafaeli had drawn the rhetorical fire of the Israeli Defense Forces (IDF) due to her failure to serve the two years of service in the IDF required of all Israeli citizens. We offered Ms. Rafaeli a free consultation so she could consider a claim to asylum on account of forced conscription into the Israeli Army. As far as we know, she has not yet availed herself of our very generous offer.
It took only three years longer than promised—and a leak that may or may not have been intentional—but the White House has finally produced a legislative proposal to fix the immigration system. Dubbed the Comprehensive Immigration Reform Act of 2013, the bill would create a pathway to citizenship for most of the 11 million removable noncitizens in the country, mandate the eventual use of E-Verify for most employers, and dull many of the draconian provisions enacted in the 1996 immigration bill.
Yesterday, after receiving a gift of $6 million, Florida Atlantic University announced that it was renaming its stadium “The Geo Group Stadium,” after the for-profit prison company, best known for operating detention facilities on behalf of Immigration & Customs Enforcement. It is remarkable that any university would name a stadium after a prison company, but simply stunning that Florida Atlantic University, which sits in South Florida, a community that has been decimated by the overuse of civil immigration, would be so tone deaf as to think this was a good idea.
The past few days have revealed tremendous silliness in the immigration reform debate. It is a true pity given the serious stakes involved for everyone persecuted by the U.S.’ brutal immigration laws. Just today, we saw prominent immigrant rights groups’ applauding the honesty of ICE bureaucrat representative, Chris Crane because he stated in some forum or another: For this pearl, Mr. Crane has been lauded by all sorts of ostensibly pro-immigrant types as a whistleblower.
The optimism and hope that have been generated by all of the hype around immigration reform has been intense. Every day, a new prominent political figure comes out in favor of immigration reform. Look, Sean Hannity! Condoleeza Rice! Was that closet really big enough for Fox News Chairman Roger Ailes? Eric Cantor and John Boehner now support the DREAM Act after voting against it in 2010!
It has been a tough week for the ICE bureaucrats who have sought to undermine the political leadership of this country to pursue their own restrictivist and nativist agenda. Regular readers of this blog (my wife and my mother), will know that we have sought to document the efforts of bureaucrats within ICE to stymie intelligent immigration enforcement through insubordination, lawsuits, leaks, and more generic tactics like refusal to complete trainings and sick-outs.