Musings on Immigration

Immigration and Nationality Act of 1965 – America’s facelift turns 50 This past weekend marked the 50 th anniversary of the passage of the Immigration and Nationality Act of 1965, also known as the Hart-Cellar Act. Then-President Lyndon Johnson, in the shadow of the Statue of Liberty on October 3, 1965, signed legislation that forever changed the demographics of our nation of immigrants.  This act abolished the national origin quota system, under which immigrants were chosen on the basis of their race and ancestry. It established the current system which is based on family unification and attracting skilled labor and talent to the U.S. The 1960s was a turbulent time in U.S. history, and it is argued that the Civil Rights movement is what ultimately strengthened calls to reform U.S. immigration law. The national origins quota which was in place since the 1920s was viewed by many as inherently discriminatory. It set aside tens of thousands of visas each year for immigrants...

El discurso del Papa Francisco ante el Congreso fue un evento muy esperado, pero es uno que es poco probable de lograr que los miembros del Congreso a tomar medidas con respecto a la reforma migratoria, o con cualquier otra medida de carácter temporal, como Acción Diferida de Obama para los padres ("DAPA"). Durante la primera visita del Papa a los EE.UU. tuvo la oportunidad única de hacer frente a las dos cámaras del Congreso. El Papa habló de la gran cantidad de personas procedentes de América Latina, llamando a la unidad y la aceptación. También habló de la importancia de tratar a los que vienen a los EE.UU. con generosidad, que nos recuerda que se trata de personas en busca de una vida mejor y la importancia de vivir la Regla de Oro: "Trata a los demás como te gustaría que te tratara a ti ". De hecho, fue una provocación-discurso y en ocasiones muy emotivo. Sus palabras están en desacuerdo con el actual clima político, donde los inmigrantes, especialmen...

Pope Francis’s speech to Congress was a highly anticipated event, but it is one that is unlikely to push members of Congress to take action with respect to Immigration Reform—or with any other temporary measure, like Obama’s Deferred Action for Parents (“DAPA”). During the Pope’s first visit to the U.S. he had the unique opportunity of addressing both chambers of Congress. The Pope spoke of the large number of people coming from Latin America, calling for unity and acceptance. He also spoke of the importance of treating those who are coming to the U.S. with generosity, reminding us that these are people in search of a better life and the importance of living by the Golden Rule: “Do unto others as you would have them do unto you.” Indeed, it was a very moving—and at times provocative—speech. His words stand at odds with the current political climate, where immigrants, particularly undocumented ones, remain a much controverted political topic. The Pope was only trying to calm an...

With Donald Trump's wild rantings of the superior negotiating skills of the Mexican government, and his idea that all undocumented immigrants are criminals (neither of which has any basis in fact, but hey, its a presidential campaign, facts are not relevant), there has been a lot of attention paid to the Obama Administration's DACA and DAPA programs.  The DACA program has been an unqualified success for those 50% or so of eligible people who have signed up for it , has created opportunity for those individuals, and has even filled government coffers at the local, state and federal level.  The DAPA program is only hold  because 26 GOP controlled states decided they did not want undocumented parents of U.S. citizens to have work permits and to be safe from deportation for two years (not including, of course, the millions who do not qualify for the program). From a politically conservative point of view, it is an untenable position for at least three reasons. The defi...

We found out this week that the "new" panel that will hear the actual DAPA appeal in the 5th Circuit Court of Appeals is actually the old panel.  Judges Smith and Elrod were the majority decision in motions panel which declined to lift the stay put in place by Judge Hanen from the Federal District Court in Texas.  Using polemics better suited for a political rally, Judge Hanen put a stop to DAPA and expanded DACA just as they were about to go into effect.  Judges Smith and Elrod, although less "dynamic" in their political tilt, made it clear that they were swayed by Judge Hanen and not by the rather lackluster lawyering of the Department of Justice, and refused to lift the stay. Most advocates for reasonable immigration reform (and quite of few active Republicans) were deflated when news broke on the makeup of the panel.  There had been much hope created when the panel earlier in June had asked for briefings from both sides on whether or not the appeals panel to h...

THE GOP AND IMMIGRATION REFORM The GOP will control both the Houses of Congress come January 19, 2015.   Mitt Romney , in a massive shift from his 2012 presidential campaign position, says that one of the first things the GOP will do is pass some sort (unclear what exactly) of "immigration reform" and put it on the President's desk in 2015.  Two things about this. First, if Mitt Romney had said this during the campaign in 2012, we would be calling him President Romney today.  It is rather off of Romney to say this now, particularly since he is taking heat from the likes of Glenn Beck in doing so.  If Romney really believed this, one has to ask, did he have a change of heart? Or, is he cynically duping people into supporting GOP candidates, with no real intention to address a key part of our economic future as a country? Second, what does "immigration reform" mean when used by Mitt Romney and the GOP today? Inspired by the classic line uttered by Inigo Mont...

Whenever new immigration changes are talked about, those that prey on immigrants come out of the dark corners like cockroaches.  That is exactly what is happening now!  Be on the lookout, be warned, and warn others to avoid immigration-related scams.  Several different types of scams reported recently include: Scammers are targeting people based on foreign-sounding names or based on information gathered about companies hiring many H-1Bs.  The scammers can get a lot of information from various websites, labor condition application listings from the Department of Labor, LinkedIn, social media, and other sources.  Scammers are able to collect information in a variety of ways and use it to convince unwitting victims of their purported authenticity. Scammers claiming to be from the Department of Homeland Security or U.S. Citizenship and Immigration Services.  They call and state that the victim's paperwork has problems and threaten to deport the victim or ...

Despite the relief that Deferred Action for Childhood Arrivals, or DACA, brought to thousands of young American immigrants in 2012, some 11 million immigrants in the United States remain undocumented today due to gaps and inconsistencies in our immigration system. They live in fear each day that immigration officials will deport them due only to their lack of status and take them their families and lives in the United States. On August 20, 2014, 11 of these undocumented American immigrants presented their cases to Immigration and Customs Enforcement requesting “deferred action.” Deferred action refers to the power of the government to defer action on one’s case and grant him or her temporary legal status. A grant of deferred action would allow these immigrants to have temporary protection from deportation and the ability to work and drive in the United States. The 11 undocumented immigrants that presented their cases are from all over the world:  Mexico, Sen...

DUI is a common crime that could tank your chances at lawful immigration status. When it comes to immigration and criminal offenses, many people think that violent crimes, drug offenses, and gun crimes will harm your chances of getting lawful status the most. But one crime that has been creeping up as a major road block to achieving lawful status is the DUI (driving under the influence of alcohol or drugs). DUIs and DACA Previously, immigration typically only considered DUIs as a negative factor when evaluating the case as a whole. A conviction for DUI wouldn’t automatically and definitively prevent someone from getting lawful status. However, in 2012, when the Department of Homeland Security announced Deferred Action for Childhood Arrivals (DACA, the “Dream Act,” or “accion deferida”), many were surprised to see that DUIs were included on the list of “significant misdemeanors” that would definitively and permanently bar someone from receiving DACA. The guidelines stat...

From my Editorial in the Atlanta Journal Constitution on August 1, 2014 President Obama has been timid, at best, in using his executive powers to alleviate the current immigration crisis, preferring to wait for what can only be described as a Unicorn-- bi-partisan immigration reform.  Recently, the President indicated that he is ready to use this practical tool to inject rationality and humanity into a broken immigration system that is neither responsive to family nor business realities. Executive powers are not a “loophole." They have been used historically to interpret and implement immigration statutes and are commonly used by executive agencies. With these broad powers, President Obama can do much to legally alleviate the current immigration crisis. The President can issue parole in place for immediate relatives of US citizens who are the beneficiaries of approved visa petitions. The Attorney General has the authority to parole into the U.S. under ...

A group of immigration attorneys and others interested in immigration have been brainstorming about what President Obama could do to "fix" some of the problems in our broken immigration system. These are some of the smartest, most forward thinking individuals I know in the area of immigration law. Their ideas are specific, detailed, and easy to implement These ideas involve mostly policy change, not a lengthy regulatory fix.   The nightmare scenario for many immigrants dealing with our current immigration system is not always caused by the laws enacted by Congress (some are),  Rather, these are problems either created by current administration policy, or by policies adopted by prior administrations. The President can change no laws. But, he can change regulations and policies.  And, while our laws are indeed "broken" in many ways, the regulations and policies themselves are the source of many of the issues current plaguing our legal immigration system, and stra...

One of the striking things about reading hundreds of newspaper articles about "immigration reform" with thousands of quotes from politicians is the amazing misuse of words and phrases that form an essential part of the debate.  To aid you in your understanding of the immigration reform debate, here are definitions of the key words and phrases, as used by the different side,s on this very important issue. Word/Phrase                                    Immigration Reform The Senate Immigration Bill DACA/Deferred Action for Childhood Arrivals DREAMers Amnesty Border Security “Back of the Line” E-Verify ...

Over the last two weeks, Harper Polling, a Republican Organization, and Public Policy Polling, a  Democratic  organization, jointly conducted polls at the request for a Partnership for a New American Economy, on the Gang of 8 Immigration Reform Proposal in 29 states across the Country, including here in Georgia.  To no one's surprise, the poll found that a large majority of Georgia voters support the bill currently in Congress and are more  likely  to support our leaders who vote for it!     H ere’s  w hat they   fo und :     There is overwhelming bipartisan support for the bill.  61% of Georgians support the bill in the Senate, S. 744.  Support for the bill cuts across party lines in Georgia Voters will reward their leaders in Washington who support the immigration reform plan. In Georgia, 61% of voters said they are MORE likely to support a leader who votes for this legislation! A path to legality receives st...