Immigration
One of the most divisive
and politicized issues
facing
America today is the
question of immigration. The debate encompasses many, intertwined
aspects including illegal immigration and
securing the border, the optimal level and mix of legal immigration,
and refugee
policy.
-There are more than 11 million illegal
immigrants living in the United States. A bit less than half of
them are from Mexico. In 2014 about 42% of the undocumented
population in the U.S. were people who overstayed their visas.
Jens Manuel Krogstad,
Jeffrey S. Passel and D’Vera
Cohn.
"5 facts about illegal immigration in the U.S." Pew
Research
Center, April 27, 2017.
Robert Warren and Donald Kerwin. "The 2,000 Mile Wall in Search
of a Purpose: Since 2007 Visa Overstays have Outnumbered Undocumented
Border Crossers by a Half Million. Center
for
Migration
Studies, 2017 (+).
-The foreign born share of the
population has increased steadily from
4.7% in 1970 to 13.4% in 2015. The record level was 14.8% in 1890.
Gustavo López and Kristen
Bialik. "Key findings about U.S.
immigrants." Pew
Research
Center, May 3, 2017.
Gustavo López and Jynnah Radford. "Statistical Portrait of
the Foreign-Born Population in the United States." Pew
Research
Center, May 3, 2017.
U.S. Census Bureau. "The Foreign-Born Population in the United
States." https://www.census.gov/newsroom/pdf/cspan_fb_slides.pdf
"FY 2017 ICE Enforcement and
Removal Operations." U.S.
Immigration
and
Customs
Enforcement.
"Immigration Detention 101." Detention
Watch
Network.
Jens Manuel Krogstad and Jynnah Radford. "Key
facts about
refugees to the U.S." Pew
Research
Center, Jan. 30, 2017.
Phillip Connor. "U.S. Resettles Fewer Refugees, Even as Global
Number of Displaced People Grows." Pew
Research
Center, Oct. 12, 2017.
Links
FEDERAL GOVERNMENT
The White
House
White House Framework on Immigration Reform & Border Security (Jan. 25, 2018)
Trump Administration Immigration Policy Priorities (Oct. 8, 2017)
Executive Order on Border Security and Immigration Enforcement Improvements (Jan. 25, 2017)
Department
of
Homeland
Security
Immigration Data
& Statistics
"With more than 60,000 employees, U.S. Customs and Border Protection, CBP, is one of the world's largest law enforcement organizations and is charged with keeping terrorists and their weapons out of the U.S. while facilitating lawful international travel and trade."
-U.S. Immigration and Customs Enforcement (ICE)"responsible for identifying and shutting down vulnerabilities in the nation’s border, economic, transportation and infrastructure security."
-U.S. Citizenship and Immigration Services (USCIS)"responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities."
Department of Justice
-Executive Office for
Immigration Review
"The Executive Office for Immigration Review (EOIR) was created on
January 9, 1983, through an internal Department of Justice (DOJ)
reorganization which combined the Board of Immigration Appeals (BIA or
Board) with the Immigration Judge function previously performed by the
former Immigration and Naturalization Service (INS)..."
Congress
U.S.
Senate
Committee
on
Judiciary
-
Subcommittee
on
Border
Security and Immigration
U.S.
House
Committee
on
Judiciary
-
Subcommittee
on
Immigration
and
Border
Security
National Conference of State Legislatures
List
of
Sanctuary
Cities
Example of Sanctuary City Ordinance
think tank/policy
"honoring our immigrant
history and shaping how
Americans think about and act towards immigration now and in the
future..."
Educating citizens about the enduring contributions of America's
immigrants; Standing up for sensible and humane immigration policies
that reflect American values; Insisting that our immigration laws be
enacted and implemented in a
way that honors fundamental constitutional and human rights; Working
tirelessly to achieve justice and fairness for immigrants under the law.
Center for Immigration Studies
"...an independent,
non-partisan,
non-profit research organization founded in 1985. It is the nation's
only
think tank devoted exclusively to research and policy analysis of the
economic,
social, demographic, fiscal, and other impacts of immigration on the
United
States... It is the Center's mission to expand the base of public
knowledge and understanding of the need for an immigration policy that
gives first concern to the broad national interest. The Center is
animated
by a pro-immigrant, low-immigration vision which seeks fewer immigrants
but a warmer welcome for those admitted."
"an independent
non-partisan,
non-profit think-tank dedicated to the study of the movement of people
worldwide."
"a nonpartisan research
organization that seeks to improve understanding of the U.S. Hispanic
population and to chronicle Latinos' growing impact on the
nation."
controlling the border
Federation for
American
Immigration Reform
"FAIR seeks to
improve border security, to stop illegal immigration,
and
to promote immigration levels consistent with the national
interest—more traditional rates of about 300,000 a year."
Immigration Reform
Law
Institute
"FAIR's affiliated legal
organization. It is the only
public interest
non-profit law firm in the United States devoted exclusively to
protecting the rights and interests of Americans in immigration-related
matters."
"NumbersUSA Education &
Research Foundation
provides a civil forum
for Americans of all political and ethnic backgrounds to focus on a
single issue, the numerical level of U.S. immigration."
comprehensive
immigration reform
Campaign to
Reform Immigration for America
"The
Campaign to
Reform Immigration for America is a united national
effort that brings together individuals and grassroots organizations
with the mission to build support for workable comprehensive
immigration reform. The Campaign to Reform Immigration for America is,
in part, a project of the Tides Advocacy Fund."
"The mission
of America’s Voice is to realize the promise
of workable and humane comprehensive immigration reform."
Fair Immigration Reform Movement
"the meeting place and
united voice of the dynamic
grassroots movement
advocating for comprehensive immigration reform and the civil rights of
immigrants in America... FIRM is a project of the Center for
Community Change, a national organization dedicated to improving the
lives of low-income people and people of color."
"The mission of the
National
Immigration Forum is to embrace and uphold America’s tradition as a
nation
of immigrants. The Forum advocates and builds support for public
policies
that welcome immigrants and refugees and are fair and supportive to
newcomers
in the United States."
"United We Dream is the
largest immigrant youth-led
organization in the nation. Our powerful nonpartisan network is made up
of over 100,000 immigrant youth and allies and 55 affiliate
organizations in 26 states. We organize and advocate for the dignity
and fair treatment of immigrant youth and families, regardless of
immigration status."
"Immigrants who want to
become citizens and live in
the
U.S.
permanently
would have to comply with existing laws and procedures. The Red Card
Solution creates a different system for the vast majority merely
seeking work in the U.S."
"Welcoming America leads a movement of inclusive communities becoming more prosperous by making everyone feel like they belong. We believe that all people, including immigrants, should be valued contributors and are vital to the success of both our communities and our shared future."
National Partnership
for New Americans
"We represent the collective power and resources of the country’s 37 largest regional immigrant and refugee rights organizations in 31 states. Our members provide large-scale services—from DACA application processing to voter registration to health care enrollment—for their communities, and they combine service delivery with sophisticated organizing tactics to advance local and state policy."
"a major national initiative aimed at increasing citizenship among eligible U.S. permanent residents and encouraging cities across the country to invest in citizenship programs."
"a nationally coordinated nonpartisan effort to encourage eligible legal permanent residents to take the first step in participating in America's democracy by becoming a U.S. citizen."
refugees
Church
World Service: #GreaterAs1
"#GreaterAs1 is a global
homebase for refugee
solidarity — a campaign
to unite the global community in our support of refugees. Today, we
face both the worst global displacement crisis since World War II and
unprecedented political pushback against life-saving refugee
resettlement programs. With more than 65 million people now forcibly
displaced from their homes because of war, violence and persecution, it
has never been more urgent than now to come together and stand for
welcome."
"Refugee Council USA
(RCUSA), a coalition of 22
U.S.-based
non-governmental organizations, is dedicated to refugee protection,
welcome, and excellence in the U.S. refugee resettlement program."
detentions
Community
Initiatives
for
Visiting
Immigrants
in
Confinement
(CIVIC)
"...the national immigration
detention visitation
network, which is working
to end U.S. immigration detention by monitoring human rights abuses,
elevating stories, building community-based alternatives to detention,
and advocating for system change."
"a national coalition of
organizations and individuals
working to
expose and challenge the injustices of the United States’ immigration
detention and deportation system and advocate for profound change that
promotes the rights and dignity of all persons."
ACLU - Immigrants' Rights and Detention
legal
Immigrant Legal Resource Center
"The mission of the Immigrant Legal Resource Center (ILRC) is to work with and educate immigrants, community organizations, and the legal sector to continue to build a democratic society that values diversity and the rights of all people."
National Immigration Law Center
"one of the leading organizations in the U.S. exclusively dedicated to defending and advancing the rights of immigrants with low income."
American Immigration Lawyers Association
"the national association of more than 15,000 attorneys and law
professors who practice and teach immigration law. AILA member
attorneys represent U.S. families seeking permanent residence for close
family members, as well as U.S. businesses seeking talent from the
global marketplace."
CASA's primary mission is
to work with the community to improve the
quality of life and fight for equal treatment and full access to
resources and opportunities for low-income Latinos and their families.
CASA also works with other low-income immigrant communities and
organizations, makes its programs and activities available to them, and
advocates for social, political, and economic justice for all
low-income communities."
Illinois Coalition for Immigrant and Refugee Rights
"...dedicated
to
promote
the
rights
of
immigrants
and
refugees
to
full
and
equal
participation
in
the
civic,
cultural,
social,
and
political
life
of
our
diverse
society.In
partnership
with
our
member
organizations,
the
Coalition
educates
and
organizes
immigrant
and
refugee
communities
to
assert
their
rights;
promotes
citizenship
and
civic
participation;
monitors,
analyzes,
and
advocates
on
immigrant-related
issues;
and,
informs
the
general
public
about
the
contributions
of
immigrants
and
refugees."
The Brookings
Insitution
Cato Institute
Center
for
American
Progress
The Heritage
Foundation
Pew Research
Center: Hispanic Trends-Immigration
Democrats,
Republicans
and
Major
Third
Parties
Immigration was one of the
keys to Donald Trump's election in 2016 and is
almost certain to be a major issue in the 2020 campaign. The
issue is highly
politicized, and both sides
routinely talk
past
each
other. The most recent example of this came on May 16, 2019 when
President Trump presented a proposal for modernizing our immigration
system which Speaker Pelosi declared dead on arrival. The
situation is akin to two rams butting their heads against each other,
clearly not a recipe for addressing this complex set of issues in a
constructive way. The Trump Administration has taken a very heavy
handed and at times cruel approach, demonizing some immigrants and
playing off people's fears. Many Democrats seem to give lip
service to the question of preventing illegal immigration, if they
mention it at all. Both sides
use this issue to
mobilize their bases; political calculations by both sides,
rather than discussion of what is best for the
country, seem to drive the debate. The way out of the impasse
is not clear.
At the broadest level, the United States must determine
what is the optimal overall level of immigration, including the mix of
high-skill
migrants, low-skill migrants and refugees. The immigration level
appropriate for the early 20th century may not be appropriate as the
United States progresses through the 21st century. A flow of
immigration can help boost the economy as the baby boom
generation retires. A humane policy addresses Dreamers, who only
know this country, and refugees fleeing oppressive regimes. At
the same time too much immigration can
have downside effects on our quality of life, overwhelming
infrastructure and causing, for example, even more time spent in
traffic.
As the refugee crisis in Europe shows, migration
problems are not limited to the U.S.. Around the world people are
dying
in efforts to escape conflict and/or poverty (>). In the United
States
the tradition of welcoming immigrants is exemplified by Emma Lazarus'
sonnet on the
Statue of Liberty. At the same time there are many Americans who
want to uphold the rule of law, who see America's way of life being
eroded by an influx of illegal immigrants, and who
are
concerned about securing the border. Daily one hears reports of
the human toll of
detentions, deportations, and
families being broken apart, including many people who are working hard
and
contributing to this
country. The foreign born
share of the population has risen steadily from 4.7% in 1970 to 13.4%
in 2015. According to the
Pew Research Center,
the share could rise to 18% by 2065 (>).
Illegal immigration is the flashpoint in
this debate. The problem is not limited to the
Southern
border with Mexico; estimates are that from a third to over 40% of
those in the
U.S. illegally are
visa overstayers. Conservatives emphasize law and order as well
as national
security concerns. People who
want to
control illegal
immigration are frequently accused of going against America's immigrant
tradition or being racist. Progressive and labor
groups sometimes seem motivated by
the possibility of adding to their
ranks. One also hears arguments about the
impossibility and
consequences of suddenly deporting millions of people. Most of
the 11 million here illegally are working and contributing to
society. There
are many heartwrenching personal
stories of detention and deportation.
Trump administration policies have stoked fear in the immigrant
community, but their effectiveness is debatable. In the first
part of 2019 there was a significant uptick in the number refugees
seeking asylum at the Southern border. On Feb. 15, 2019 President
Trump declared a national emergency at the Southern border. "The
current situation at the southern border presents a border
security and humanitarian crisis that threatens core national
security interests and constitutes a national emergency (+)." Trump also threatened to impose
tariffs on Mexico, but before that happened, on June 7, negotiators
reached an
agreement calling for Mexico to "take unprecedented steps to increase
enforcement to curb irregular migration (+)."
In late June there was the
wrenching image of Salvadorean father and his daughter who had
drowned in the effort to obtain asylum. In July there were
reports that the
administration was considering cutting the number or refugee admissions
to zero in FY 2020. In August ICE raids in Mississippi resulted
in arrests of more than 600 people.
Meanwhile the politicization of the issue continues. As he did in
his 2016 campaign, Trump
is using fears of immigration in his bid for re-election in 2020 (+).
He
argues that "They [Democrats] want free immigration — immigration to
pour into our country. They don’t care who it is. They
don’t care
what kind of a record they have. It doesn’t make any difference."
(June 7, 2019) Democratic presidential candidates have announced
detailed plans which
would restore a more humane approach to immigration policy (Booker
|
Castro
|
Harris
|
Inslee
|
O'Rourke
|
Warren
|
Williamson).
However the question of deterring illegal immgration sometimes seems an
afterthought in these plans and that could play into Trump's
hands.
The DREAMers,
youths brought to this country illegally by their parents, have drawn
particular attention and concern. An
August 2010 report (>)
by
the
Pew
Hispanic
Center
found
that
one
in
eight
children
born
in
the
United
States
in
2008
had
an
"unauthorized
immigrant
parent
[or
parents]."
According
to
the
report,
"In
total,
4
million
U.S.-born
children
of
unauthorized
immigrant
parents
resided
in
this
country
in
2009,
alongside
1.1
million
foreign-born
children
of
unauthorized
immigrant
parents."
(One
recalls
the
discussion
of
"anchor
babies,"
birthright
citizenship
and
whether
the
14th
Amendment
should
be
revised).
The
DREAM
Act
(Development,
Relief,
and
Education
for
Alien
Minors
Act)
was
first
introduced
in
Congress
in
2001
to
provide
a
pathway
to
legal
status
for
undocumented
students,
but
has
never
passed.
After
continued
congressional
inaction,
on
June
15,
2012
the
Obama
Administration
announced
a
temporary,
and
controversial,
fix:
Deferred
Action
for
Childhoold
Arrivals
(DACA).
The
process
addressed
qualifying
youths
brought
to
this
country
illegally
by
their
parents
(>).
About
690,000
immigrant
youth
have
received
DACA;
considerably
more
were
eligible
but
did
not
apply.
On
Nov.
20,
2014
President
Obama
went
further,
announcing
the
very
controversial
executive
actions
Deferred
Action
for
Parents
of
Americans
(DAPA). The U.S. Supreme
Court deadlocked on the matter in a decision issued on June 23, 2016 (+).
Tough talk on illegal
immigration was a
pillar of Donald J. Trump's
successful
campaign for the presidency as he promised to "build a wall and make
Mexico pay for it (+)." On
the campaign trail he would sometimes set out his views on refugees and
illegal immigrants by reading "The Snake" by Oscar Brown. By
contrast, Hillary Clinton vowed to "fight
for comprehensive immigration reform and a path to citizenship" but
routinely left unsaid or glossed over the question
of border security (+).
She promised to introduce immigration reform
legislation in her
first 100 days, but what that meant if Republicans maintained
control
in Congress was unclear.
Both candidates seemed to be pandering
to elements of their bases.
President Trump regularly uses the immigration issue to
fire up his base; it appears to be a or the central part of his
strategy for the
2018 midterm elections. The "zero tolerance" policy and
subsequent furor over family separations in June 2018 led to a
temporary rebuff, but did not dissuade Trump from his course. For
example, on June 22 he tweeted,
"Republicans should stop wasting their time on Immigration until after
we elect more Senators and Congressmen/women in November. Dems are just
playing games, have no intention of doing anything to solves this
decades old problem. We can pass great legislation after the Red
Wave!" And
on
June
24,
"We
cannot
allow
all
of
these
people
to
invade
our
Country.
When
somebody
comes
in,
we
must
immediately,
with
no
Judges
or
Court Cases, bring them back from where they came. Our system
is a mockery to good immigration policy and Law and Order. Most
children come without parents..." Meanwhile, some Democrats went
to the other extreme, calling for the abolition of ICE (Immigration and
Customs Enforcement).
The Trump Administration has followed the hard line that candidate
Trump set
out during the
campaign, implementing a catalogue of restrictive measure. For
example:
- Within a week of his inauguration, President Trump issued a couple of executive orders on immigration (1, 2).
- The administration's travel ban on people from predominately Muslim countries, which started as an executive order issued on Jan. 27, 2017, caused chaos at airports. The ban went through three iterations as it wound through the courts. On April 23, 2018, the U.S. Supreme Court heard oral arguments on Trump v. Hawaii (+), and in a 5-4 decision issued on June 26, 2018 the Court ruled in favor of the administration, finding that, "The President has lawfully exercised the broad discretion granted to him under §1182(f) to suspend the entry of aliens into the United States." [PDF, +]
- Under
a
process
overseen
by
U.S.
Customs
and
Border
Protection
(CBP), border
wall
prototypes were completed in late Oct. 2017. By July 2018
President Trump was threatening a government shutdown if Congress did
not provide funding for a border wall.
- On Aug. 2, 2017 the Trump Administration put its support behind a bill to create a merit-based immigration system (+); the RAISE Act (S.354) was seen as having virtually no chance of passing.
- Despite many expressions of concern (1, 2, 3), on Sept. 5, 2017 the Trump Administration announced its decision to rescind the DACA program in six months, while calling on Congress to act (1, 2). On Oct. 8 the administration announced a hard line set of immigration policy proposals (+). Although Congress failed to act, the fate of the DACA program is still being litigated in the courts.
- On Sept. 29, 2017 the administration announced a ceiling of 45,000 refugees will be admitted into the country in FY2018 (+).
- Following the Oct. 31, 2017 attack in New York City by an Uzbek immigrant driving a rental truck, Trump said he would end the diversity visa lottery program (+).
- In 2017-18 the administration has announced it is terminating Temporary Protected Status (TPS) for Sudan, Nicaragua, Haiti, El Salvador, Nepal and Honduras (+); these moves would force tens of thousands of people who have lived and worked in the United States to return to their countries.
- The administration has attempted to rein in sanctuary cities (+), however, these efforts have generally not succeeded (+) . On Nov. 20, following up on earlier rulings, U.S. District Judge William H. Orrick blocked an important provision of the Executive Order on "Enhancing Public Safety in the Interior of the United States," finding the administration's attempts to withhold some federal funding from sanctuary cities was "unconstitutionally broad (>), and on Aug. 1, 2018 an appelate court ruled against the Trump administration as well (+)."
- The adminstration has made changes to the immigration court system that have drawn criticism from immigrant rights advocates (+).
- On April 4, 2018 the administration authorized deployment of the
National Guard to the Southern border (+).
On
April
6,
2018
the
administration
announced
it
would end
"catch and
release (+)."
- On May 7, 2018 Attorney General Jeff Sessions announced "a 'zero tolerance' policy for illegal entry on our Southwest border (+)." (The arrival at the end of April of a caravan of migrants from Central America seeking asylum had attracted enormous attention).
- In March 2017 then DHS Secretary John
Kelly mooted the
idea of separating border crossing
parents from their children as a
deterrent measure, but there was widespread opposition. By the
latter part of 2017, however, the policy was being quietly implemented
in some
areas. The
advent
of
the
"zero
tolerance"
policy
in
May
2018
threatened
to
dramatically
accelerate
the
pace
of
separations.
More
than
2,200
families
were
separated,
and
starting
in
early
June
a tidal wave of
unfavorable publicity
(>)
and
headlines
ensued,
forcing
the
administration
to
retreat.
On
June
20
President
Trump
signed
an
executive
order
"Affording
Congress
an
Opportunity
to
Address
Family
Separation
(+).
The
ACLU
went
to
the
courts
to
force
action,
but
a
month
later
the
administration was still trying to sort matters out (+).
- On June 11, 2018 Attorney General Jeff Sessions issued a decision that will end asylum for victims of domestic abuse and gang violence (+).
- On Sept. 20, 2018 U.S. Secretary of State Mike Pompeo announced
the United States will set a limit on
refugee resettlements of just 30,000 in FY2019. In an
Op-Ed titled "We Remain the World's Most Generous Nation," he cited "a
backlog of 800,000 people seeking asylum" and "increasing assistance to
refugees and other displaced people as close to their home countries as
possible (>)."
- On Sept. 22, 2018 DHS announced a proposed rule to strengthen the definition of "public charge," potentially jeopardizing the status of legal immigrants who have received public benefits (+).
- On July 26, 2019, seeking to stem the flow of asylum seekers,
President Trump signed a "safe third
country agreement" with Guatemala (+).
- On Aug. 21, 2019 DHS and HHS announced a rule that could potentially allow for
indefinite detentions (+).
Deferred Action for Childhoold Arrivals (DACA) and the DREAMers
The
administration's Sept. 5, 2017 announcement that it would phase out
DACA
created a sense of urgency leading up to Mar. 5, 2018. Activists
engaged in many
demonstrations, events and actions large and small on Capitol Hill and
around
the country in late 2017 and early 2018.
One
hundred and twenty-two people were losing their status each day.
Trump
himself sent
mixed messages
on the
DREAMers. On
Sept.
13 he
dined
with
Senate Minority Leader Chuck Schumer and House Minority Leader Nancy
Pelosi at the White House; the Democrats reported a deal on
DACA, but details were murky. Subsequently they rejected the
administration's Oct.
8 policy announcement. DREAMERs pressed hard for action in the
form of
a "clean Dream Act" before the end of 2017, seeking to tie it to the
short-term continuing resolution to fund the government but Congress
left town for
the Christmas break without acting.
On Jan. 9 Trump
convened a high-profile meeting with members of Congress to discuss
immigration. During the meeting he called for "a bill of love"
but also "a bill
where we’re able to secure our border" (+).
White
House
press
secretary
Sarah
Sanders
summarized
the
meeting
by
saying
four
issues
are
under
discussion:
border
security,
chain
migration,
visa
lottery,
and
DACA.
Coincidentally,
late
evening
on
Jan.
9
another
major
development
occurred:
a
federal
judge
issued
a
nationwide
injunction
against
the
administration's
termination
of
DACA,
allowing
applications
for
DACA
renewals
to
again
be
accepted
[U.S.
Department of Homeland Security et
al. v. Regents of the University of California et al.] (+).
Despite the promising meeting of Jan. 9, negotiations between
the White House and congressional leaders appeared bumpy. In a
Jan. 11
Oval Office meeting on immigration, Trump ignited yet another
controversy by reportedly using racist and offensive language (+). Urged on by activists, Senate
Democrats sought to tie
immigration to yet another continuing resolution to fund the
government. At one point Senate Minority Leader Chuck Schumer
(D-NY) observed,
"Negotiating with this White House is like negotiating with
Jello.
It's next to impossible." After a three-day government shutdown,
Democrats backed down.
On Jan. 25, the administration announced a legislative framework which included a path to citizenship but also limitations on legal immigration. The proposal met with generally unfavorable reactions (+). On Feb. 7 congressional leaders announced they had reached a bipartisan budget agreement, but, to the dismay of DREAMers, DACA still was not addressed. On the plus side, Senate Majority Leader Mitch McConnell did agree to an open debate on immigration in the Senate. Speaker Paul Ryan did not go as far, prompting House Democratic Leader Nancy Pelosi to take to the House floor and make a "prayerful human plea to the Speaker." Pelosi spoke for more than eight hours, a record in the House. "Give us a vote; what are you afraid of?" she asked Ryan.
Debate in the Senate started on Feb. 12. The
two sides appeared very far apart, with Democrats favoring a narrow fix
and conservative Republicans advocating legislation similar to Trump's
framework. There was even some talk of a short-term measure to
protect the DREAMers if a deal could not be reached. (Of note, on
Feb. 13 a second federal judge issued an
injuction preventing the administration from terminating DACA >).
On
the
afternoon
of
Feb.
15
the
Senate
voted
on
four
different
immigration
proposals;
each
fell
short
of
the
requisite
60
votes
needed
to
avoid
a
filibuster
(+). While
prospects
for a legislative solution on DACA were dim, the legal route continues
to unfold. On Feb. 26 the U.S. Supreme Court declined
to take up the Trump adminstration's appeal in DHS v. Regents (+); the case will proceed on its normal
course to the U.S. Court of Appeals and then likely to the U.S. Supreme
Court, providing a reprieve for DACA recipients. Trump stuck to
his line, for example tweeting on April 1, "Border Patrol Agents are
not allowed to properly do their job at the
Border because of ridiculous liberal (Democrat) laws like Catch &
Release. Getting more dangerous. “Caravans” coming. Republicans must go
to Nuclear Option to pass tough laws NOW. NO MORE DACA DEAL!"
Seven Republican attorneys general also weighed in in May with a
lawsuit challenging the "unconstitutional" program (+).
Congress was not done with immigration yet,
however. On May 9, 2018 a group of Republican House members
announced they would seek to
force
debate on immigration using a discharge petition. Speaker Paul
Ryan
opposed the effort, but if the petition, introduced by U.S. Rep. Carlos
Curbelo (R-FL), had obtained 218 signatures, the House would, under a
resolution by U.S. Rep. Jeff Denham (R-CA) (H.Res.
774), have taken up four bills addressing immigration and border
security: the Securing America’s Future Act (H.R.
4760, the Goodlatte bill), the DREAM Act (H.R.
3440, the Roybal-Allard bill), the USA Act (H.R.
4796, a bipartisan bill introduced by Hurd), and an immigration
bill of Speaker Paul Ryan’s choice. The discharge
petition fell short, but the House was set to vote on
two immigration bills (+). On
June 20 the House defeated the Goodlatte bill by a vote of 231-193
(+).
The second
"compromise" bill was defeated a week later on June 27.
Meanwhile supporters of DACA achieved a number of victories in the
courts. First there were rulings requiring the administration to
continue to renew DACA permits, and on Aug. 3, 2018 U.S. District Judge
John Bates, citing
deficiancies in the DHS memo ending DACA (+),
ordered
that
the
program
be
restarted
effective
Aug.
23
(+).
Another closely watched hearing is occurring on Aug. 8 in Texas before
U.S. District Judge Andrew Hanen.
Congress has not managed
significant action on the immigration since
President Ronald Reagan signed
into law the Simpson-Mazzoli Act. on Nov. 6, 1986. On Jan. 28,
2013 a bipartisan group of eight senators
(Republicans Graham, McCain, Rubio and Flake and Democrats Bennet,
Durbin, Menendez and Schumer) unveiled the “Bipartisan Framework or
Comprehensive Immigration Reform.” Three and a half months
later the group formally introduced the Border Security, Economic
Opportunity & Immigration Modernization Act of 2013. S. 744
weighed in at 844 pages. The Senate passed the bill, which as
amended totalled 1,197 pages, on June 27 on a 68–32 vote, but
immigration reform failed to advance in the House. President
Obama then
announced the very controversial executive actions Deferred Action for
Parents of Americans (DAPA) on Nov. 20, 2014. The U.S. Supreme
Court deadlocked on the matter in a decision issued on June 23, 2016 (+).
Finally a couple of significant actions on illegal immigration at the
state level in recent
decades should be highlighted. In
2010 the immigration
issue was brought sharply into focus by S.B. 1070, the tough
measure signed into law by Arizona Gov. Jan Brewer (R) on April
23. The U.S. Department of Justice filed suit challenging
the
constitutionality of Arizona's law on July 6, and half a
dozen other lawsuits were filed as well. In Phoenix on July 28,
one day
before the law was to take effect, U.S. District Judge Susan R. Bolton
issued a preliminary injunction blocking major provisions of S.B. 1070
from being implemented.
In February 2011, the State of Arizona filed a countersuit against the
federal government. During 2011 other states including Utah,
Indiana, Georgia, Alabama and South Carolina passed laws similar to
S.B. 1070. Meanwhile, the Arizona case was winding its way to the
U.S. Supreme
Court, which heard oral arguments in
Arizona v. United States
on April 25, 2012. On June 25, 2012 the Court issued an opinon
striking
down some portions of the
SB 1070, but upholding the
controversial "papers please" provision (>).
More than a decade earlier, in 1994
California voters passed
Proposition 187, which would have
denied public services to illegal immigrants; the measure wound its way
through the courts before dying in 1999 (1
,2).
more photos
revised 08/21/19 ema