Immigration

Supreme Court Strikes Most of Arizona Immigration Law, Making Scalia Very Angry

The oral arguments earlier this year on the SB-1070, the infamous Arizona immigration law, made it difficult to read how the Court was going to rule on most of its provisions, although the Court seemed on balance more sympathetic to Arizona's position. Given how things looked after that, today's decision in Arizona v. United States must be considered a pleasant surprise. Most of the key provisions of the Arizona law were struck down, and the provision that was not could still be subject to future challenges depending on how it is applied. Rather than the usual 5-4 split, the case was decided 5-3 (with Justice Kagan recusing herself); surprisingly, Chief Justice Roberts joined Justice Kennedy and the Court's four Democratic appointees but did not write. Roberts apparently wanted there to be a five-person majority rather than having most of the Arizona law upheld because of a tie that left the lower court decision undisturbed. The majority, through Kennedy, decided the case based on a...

Mitt Romney Pretends Congress Doesn't Exist

Trust me, this'll be easy. (Flickr/DonkeyHotey)
Mitt Romney went before a group of Latino public officials today to offer some remarks on immigration. Calling it a "plan" would be too generous, although there were a couple of details, some of them perfectly reasonable, like giving green cards to people who get an advanced degree at an American university. But the part everyone has been waiting for—his reaction to President Obama's recently-announced mini-DREAM Act—was pretty disappointing, because it engaged in a kind of magical thinking that has become increasingly untenable: Some people have asked if I will let stand the President's executive action. The answer is that I will put in place my own long-term solution that will replace and supersede the President's temporary measure. As President, I won't settle for a stop-gap measure. I will work with Republicans and Democrats to find a long-term solution. I will prioritize measures that strengthen legal immigration and make it easier. And I will address the problem of illegal...

Lethal Injection and the New Immigration Policy

(AP Photo/Jacquelyn Martin)
In March 197 7, two Tulsa horsewomen went to a church parking lot to meet an man who claimed to have Morgan horses to sell. Not long afterwards, their bodies were found near Sallisaw, Oklahoma, buried on land leased to Larry Leon Chaney. Chaney was convicted of murder and sentenced to death. Chaney’s case forms the legal backdrop to the announcement last week that the Department of Homeland Security would begin to “defer action” against undocumented immigrants under the age of 30 who have lived most of their lives in the United States and have served in the military or gotten an education. The decision has been widely reported as an “executive order” suspending parts of the Immigration and Naturalization Act. Representative Steve King (R-IA) vowed to file suit against Obama for “planning to usurp the Constitutional authority of the United States Congress and grant amnesty by edict to 1 million illegal aliens." In fact, the policy change is not an executive order—it was a memorandum...

What's Wrong With Politics-Driven Policy?

Flickr/Antonio Villaraigosa
Today's big news is that the Obama administration, through executive action, is enacting a kind of mini-DREAM Act to help undocumented immigrants who were brought to America as children. We'll get to the details in a moment, but one thing we know for sure is that Republicans are going to be very, very mad, or at least they'll sound very, very mad. They'll make three separate arguments: First, they'll have a substantive argument about why it's a bad idea to allow any undocumented immigrant to work here legally. Second, they'll have a process argument about why it's an appalling power-grab for Obama to do this without congressional approval. Of course, they're quite happy with all sorts of executive orders and similar actions when a Republican is in the White House, but that hypocrisy doesn't necessarily make them wrong on that point. Finally, they'll say this is blatant "election-year politics" meant only to secure Latino votes in the fall election. Which it may well be, at least in...

Arizona Asks the Court Not to Trust the Feds

(Krista Kennell/Sipa Press)
This term’s last oral argument ends next week with yet another blockbuster case— Arizona v. United States , the challenge to Arizona’s harshly anti-immigrant S.B. 1070 . This case poses vitally important questions about individual rights, racial profiling, and the future of individual equality in the United States. But don’t expect to hear them argued openly next week. Instead, arguments will be couched almost entirely in the language of “federal preemption,” a subject so abstruse and technical that it induces coma in even the hardiest law-review editors. But lurking underneath the talk of “conflict preemption” and cigarette-labeling statutes are issues of human equality and the emerging constitutional question of our time: When, if ever, are Congress and the executive branch owed deference by the states and by their special protector, the Roberts Court? The issue is whether four sections of S.B. 1070 usurp the federal government’s role in regulating immigration matters—a power the...

Not Sweet Home Alabama

Civil rights leaders help undocumented immigrants fight against HB 56 in the state.

(AP Photo/Dave Martin)
Recently, Scott Douglas III, a civil-rights activist in Alabama and executive director of the Greater Birmingham Ministries, appeared on The Colbert Report to discuss his involvement as a plaintiff in an American civil Liberties Union (ACLU) lawsuit against the state of Alabama. The case challenges the state's infamous HB 56 law, which imposes a litany of sanctions on undocumented immigrants. The law: mandates that law enforcement officials obtain proof of citizenship from people they suspect of being in the country illegally; prohibits illegal immigrants from receiving any public benefits; bars undocumented immigrants from attending public colleges or universities; requires public school officials to ascertain student citizenship status and turn in a tally of the number of their students they think are undocumented; prohibits renting property to illegal immigrants; prohibits transporting or harboring illegal immigrants; When it comes to employment, the law requires large and small...

White Nationalists Agree: Multiculturalism Is Bad

(Flickr/Gage Skidmore)
Right-wing members of Congress have never shied away from associating with fringe agitators, but appearing with a white nationalist is beyond the pale. On Thursday afternoon, Iowa Representative Steve King jovially appeared on a panel with Peter Brimelow, an anti-immigrant author that the Southern Poverty Law Center (SPLC) has termed a white nationalist. Brimelow wrote Alien Nation and founded the online community VDARE, which SPLC describes as "a nonprofit that warns against the polluting of America by non-whites, Catholics, and Spanish-speaking immigrants." King had no qualms about associating himself with Brimelow when I caught up with the congressman after the panel. "Consider the source, I'm not in a position to judge people in the fashion that they seem to be so free to do," King said of the SPLC. King was not on the public schedule for the panel held at the Conservative Political Action Conference (CPAC), and showed up as a surprise guest an hour after the panel started. Hosted...

Outsiders Everywhere

"Why do you stay in the U.S., then?" I asked the German-born historian whose last professional job in Germany ended two years ago. Since then, she has been doing piecemeal work and relying on a much thinner social safety net in the U.S. than she would have in her country of origin. There, she'd have her family, health care, lower housing costs, and other social and economic guarantees. She had just told me how much Germany had come to life since her youth: instead of "don't walk on the grass" signs, there's a lively public culture; instead of beige houses, there's an explosion of color; instead of the grim and clenched authoritarian culture for which Germany was once famous, there's playfulness. So why stay in the U.S.? I wasn't challenging her; I was genuinely curious. It takes a certain kind of person to leave your culture behind and be unfamiliar with everything forever after. No matter how long she's been here, she can never be part of certain shared cultural conversations, which...

Honk If You Support Immigrants

As 2011 draws to a close, the immigration situation in the U.S. remains a mess. Arizona's infamous SB 1070, which required law-enforcement officials to check immigration status during routine encounters if there was "reasonable suspicion" someone was in the country illegally, sparked a nationwide outcry when it was passed in 2010. But in the past year, lawmakers in Alabama, Georgia, Indiana, Utah, and South Carolina have followed suit, passing a host of copycat bills. In Alabama, schools are even required to check the immigration status of students, which has resulted in hundreds of Hispanic children being kept home from school. But there is a quiet backlash taking shape. Across the country, a number of grassroots organizations have recently kicked off awareness campaigns that welcome immigrants. Uniting NC, a grass-roots group in North Carolina, has raised funds online for billboards all over the state featuring images of smiling immigrants and the headline, “Community, we’ll get...

The Arpaio Effect

Last week, the Department of Justice (DOJ) released a report saying that under Sheriff Joe Arpaio’s leadership, the Maricopa County Sheriff’s Office (MCSO) has violated the Fourth Amendment and Title VI through a consistent “pattern or practice of unconstitutional policing.” “MCSO, through the actions of its deputies, supervisory staff, and command staff, engages in racial profiling of Latinos,” the report found. One expert quoted in the report said it was “the most egregious racial profiling in the United States that he has ever personally seen in the course of his work, observed in litigation, or reviewed in professional literature.” No one familiar with Sheriff Arpaio will be surprised at the findings of the DOJ investigation—the self-described publicity hound’s exploits, which include making prisoners wear pink underwear and housing prisoners in tent cities, are well documented. But the fact that the DOJ called the sheriff out in a tangible way is a switch in direction for the...

Showdown at the Docks

Occupy Wall Street protesters celebrated the movement's three-month anniversary by taking the fight to major ports.

Protesters at the Port of Oakland Monday. Photo/Aaron Bady
On Monday, occupiers set out to shut down ports across the West Coast. Targets included SSA, which is largely owned by Goldman Sachs, and the Port of Longview, which multinational EGT is trying to operate as the West Coast’s only port without members of the International Longshore and Warehouse Union (ILWU). The actions, which shut down operations at Longview, Oakland, and Portland, were opposed by ILWU leadership. They led to intense debate among and between occupiers and unionists over tactics—who the blockades hurt, whether they’re worth the legal risks—and democracy, namely, how democratic the ILWU and the Occupy movement each are, and whether workers should have a veto over actions where they work. This week saw the continuation of two hunger strikes, one by occupiers in New York demanding an occupation space, and another by occupiers in DC demanding full congressional representation for the district. Activists continued taking foreclosed homes, including a “Home for the Holidays...

Will Latinos Help Re-Elect Obama?

(AP Photo/Charles Dharapak) President Barack Obama greets the crowd after speaking about immigration reform at Chamizal National Memorial Park in El Paso, Texas, Tuesday, May 10, 2011, during his visit to the U.S.-Mexico border. D emocrats have long been able to play good cop to the Republican bad cop on immigration reform and border security, which in effect has put minorities and those who care about these issues in the bind of voting for the lesser of two evils. But whether Barack Obama is trying to appeal to conservatives on immigration or is actually conservative at heart, his administration has proved that little, in fact, differentiates the two parties. Let’s take a look. Since the 2001 World Trade Center attacks, the issues of immigration and counterterrorism have been conflated. Much of the pressure to deport more and more undocumented immigrants comes from a fear that those immigrants could endanger the American people. As a result, Obama has dealt with immigration as a...

Pardon Me

Instead of forgiving cronies and crooks, the president should use his executive authority to pass the DREAM Act.

One of the little joys of teaching a presidency class in the fall is that my session on presidential pardons falls around Thanksgiving so I can lead off with video of the leader of the free world pardoning a turkey . However, one of the interesting things about the pardoning power is that, with the exception of impeachment charges, “the President’s authority to grant pardons [for federal offenses] is essentially unfettered” as this CRS report explains. Presidents can pardon individuals or classes of people, with or without conditions. While the possibilities are vast, modern presidents use the power to pardon sparingly . Other than a few political cronies, moonshiners , and fowl friends, presidents have been reluctant to appear “soft on crime” and slow to use the pardon power. And since 1980, almost all pardons have been for specific individuals after the president and his staff have weighed the merits of each person’s case. But it is also possible for presidents to pardon entire...

Rick Perry's Last-Ditch Anti-Immigration Pitch

In hindsight, the likely failure of Rick Perry's presidential ambitions shouldn't have been all that surprising. Despite appeal among party elites, late-entry candidates like Wesley Clark in '04 and Fred Thompson in '08 have historically struggled to catch up to the rest of the field. The candidates in the race from the beginning have a chance to work out all the kinks before the spotlight glares at the debate stages, an experience that would have proved especially crucial in Perry's case. He's always been a loose-cannon campaigner with, shall we say, a less than thorough grasp on his material. It was a problem his campaign staff could mitigate by limiting his media exposure in Texas elections but couldn't avoid on a national stage. After just four debates during his decade as Texas' governor, Perry was bound to produce a series of gaffes during the tiring slog of presidential campaigning. None of that should have been a surprise. What has been shocking to watch is the process under...

What Gingrich and Dubya Have in Common

Talking Points Memo sheds some light on Newt Gingrich’s ongoing effort to appeal to Hispanic leaders: As Benjy Sarlin reported back in 2009, Gingrich was using social networking and TV appearances on Spanish language TV to ingratiate himself with the Hispanic community and attempt to grow the GOP base there. Republicans have long felt they have a real chance to grab big swaths of the Latino vote, which they say is naturally more socially conservative and open to Republican ideas. Gingrich continued the outreach early into his campaign. As Time’s Michael Scherer reported in May, Gingrich gave one of his first post-campaign announcement interviews to Univision, where he took questions on immigration and previewed the path to legal status for the millions of illegal immigrants already in the US that’s led to attacks from his Republican rivals. Given the extent to which Latino voters are well-aware of the Republican Party’s hostility toward their interests—from efforts to help the economy...

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