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).
Nearly every discussion I have with someone who is opposed to immigration eventually includes my opponent saying something like this: “I am not against immigration. I am against illegal immigration. I have no problem if immigrants come here legally.” I have always had a strong skepticism of this particular position. Most anti-immigrant people are unaware how limited the options for legal immigration are. Most anti-immigrant people are unaware of backlogs, priority dates, age-outs, one year filing deadlines, stop-time rules, and the fact that, for many people, THERE IS NO LINE.
What just happened in the 5th Circuit? The U.S. Court of Appeals formally upheld Judge Hanen’s injunction prohibiting the administration for implementing DAPA & DACA. The injunction prohibited the administration from implementing DAPA and expanded DACA until the litigation brought by Texas and twenty six other states was resolved. Injunctions are sought to preserve the status quo while the legality or proposed actions is resolved. Judge Hanen ruled that Texas presented evidence of the possible injury if DAPA or DACA went forward and that Texas was likely to succeed in challenging DAPA and expanded DACA.
The air is noticeably crisper, the baseball playoffs have begun, I have started to see decorative gourds, but the traffic got a whole lot lighter today. It is October 1, 2013, the first day of the fiscal year 2014 (FY2014), and the federal government has shut down over the inability of Congress to pass a budget that does not seek to undo the Affordable Care Act.
On Tuesday, August 20, approximately fifty people gathered at Benach Collopy’s offices in Washington, DC to meet and support a 27 year old candidate for Congress from the 4th District of Iowa. Jim Mowrer, born on a farm in Boone Iowa, and a veteran of our war in Iraq, is challenging the incumbent Steve King for his seat in Congress. Readers of this blog need no introduction to Steve King as he is a leader of the extreme anti-immigrant faction of American politics.
The day before the Senate Judiciary Committee advanced the most significant piece of immigration legislation since 1996, the “President of the National Citizenship and Immigration Services Council, the union representing 12,000 United States Citizenship & Immigration Services adjudications officers and staff” sent a letter to Members of the United States Senate in opposition to the immigration reform bill under review in the Senate. Despite claiming to be the “backbone of our nation’s immigration system,” the Union leadership complains that they were not consulted over the proposed immigration reform.
Yesterday, by a vote of 13-5, the United States Senate Judiciary Committee passed S. 744, the immigration reform bill. Three Republicans (Lindsey Graham (SC), Jeff Flake (AZ) and Orrin Hatch (UT)) joined all ten Democrats to vote the legislation out of committee. The five opponents were the five Republicans who had spent the several mark-ups attempting to torpedo the legislation with odious and unworkable amendments, most of which were defeated.
As Washington, DC has seemed to jump from winter to summer, the politics of immigration reform are heating up. For the rest of this week, the Capital will be inundated with activists, lawyers, politicians and celebrities all advocating for immigration reform. Among all this activity, the Senate “Gang of Eight” is prepared to release their proposed bill. Rumored to be nearly 1500 pages, the Gang of Eight will provide the meat on the bone that all of us have been waiting to chew on.
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.
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.