Immigration

What Happens to a DREAM Deferred?

AP Photo/Damian Dovarganes
At first, it looked like 2012 would be another terrible year for immigration reform advocates. Mitt Romney won the Republican presidential primary by adopting a xenophobic, right-wing platform, advocating for policies against immigrants so terrible they led to self-deportation. Meanwhile Barack Obama continued to deport undocumented workers at an unprecedented pace—he’s sent 1.4 million people out of the country through July of this year—and failed to introduce comprehensive legislation, as he’d promised. A brighter picture is emerging, however. In June, Obama signed an executive order called Deferred Action for Childhood Arrivals (DACA), which operates like the failed DREAM Act would have. Obama ordered Homeland Security to lay off deportation proceedings against immigrants who came into the country as children and who have completed high school or served in the military. Immigrants who meet those qualifications can now request a reprieve to remain in the country. The government has...

Refuge Beyond Reach

Australia's debate on asylum seekers shows how easy it is for politicians to appeal to fear of invading hordes.

(AP Photo/Hardimansyah)
H ikmat wore small frameless glasses and a blue-and-white pinstriped shirt, and the dark waves of his hair were combed perfectly. He looked as if he might have just stepped out of the office of his export firm in Karachi. In fact, it's been nearly three years since he fled Pakistan. His uncle, a Taliban supporter, had been trying to extort money from him for the organization, and saw him and his wife as "infidels": Hikmat was clean-shaven; his wife wore no hijab . Twice, gunmen ambushed him on the street. The first time, bullets ripped his intestines; he spent two years in the hospital. After surviving a second shooting, he left his homeland. Hikmat met me at the Asylum Seekers Centre in Sydney. The nonprofit works out of a converted house in Surry Hills, a gentrifying neighborhood of bike paths, cafés, and spreading eucalyptus trees. He came to Australia, Hikmat said, because he could to get a short-term business visa quickly and bring his wife and three children with him. Afterward...

What's Next for Immigration Reform?

Flickr/Anuska Sampedro
Flickr/Justin Valas An immigration rally in Washington, D.C.'s McPhereson Square P resident Obama has called it the “biggest failure of [his] first term.” Now, having once again been elected with a sizable majority of the Latino vote and with key Republicans seemingly on board, the administration has begun pressuring Congress to take up immigration reform. The president has said he plans to introduce an immigration-reform proposal shortly after his inauguration, and Senators Lindsay Graham and Chuck Schumer, who led the failed effort for immigration reform in 2009, have “resumed talks.” In previous legislative battles over immigration going back to George W. Bush’s second term, the key sticking point has been what to do with the estimated 11 million undocumented workers currently in the country. Another point of contention is whether to pass a “comprehensive” bill—one that addresses a broad range of problems with the immigration system including enforcement, the visa system for high-...

How to Talk about a Changing America

New American citizens at a naturalization ceremony at the Grand Canyon. (Flickr/Grand Canyon NPS)
After the election revealed the central demographic problem the GOP faces—it is emphatically the party of white people in a country that grows more diverse by the day—there was some triumphalism among liberals about this state of affairs. But the always humane and thoughtful Harold Pollack reminds us that we should reserve some sympathy for the people who feel unsettled by the rapid pace of change in 21st century America: These are good people, mostly older and white, who are unsettled and scared by the pace of social change in America. Same-sex marriage, legalized marijuana, talk of legalized status for undocumented immigrants—that's a lot of change to accept within just a few years. I met some others, too. Consider the liberal Jews of my parents' generation who sense—accurately, I think–that the coming generation of liberal politicians can read from the hymnal but don't sway with the music about Israel the way the generation of 1967 and 1973 once did. It's an irony of recent history...

The Future of the White Man's Party

(AP Photo/Nick Ut)
(AP Photo/Nick Ut) Former California governor Pete Wilson with his wife Gayle in 1995. During his tenure, Wilson promoted Proposition 187, which would have denied all public services to undocumented immigrants—a move that is credited with turning Latinos in the state against the GOP. O ver the past 15 years, California’s electorate has changed so dramatically and so quickly that Democrats have often won victories they weren’t even anticipating. In 1998, no one expected Gray Davis to win the governor’s office by 20 percentage points, and the tightly wound Davis, who had no life outside politics, was plainly bewildered by his own emotions during his victory speech on the night of the landslide. This week, no one expected the Democrats to win two-thirds of the seats in the state Assembly (they did expect to win that many in the state Senate, which they did), yet the Democrats won those seats going away. As California law requires a two-thirds vote in both legislative houses to raise any...

Central Florida's Corridor of Power

(Flickr/Kissimmee Convention & Visitors Bureau/Express Monorail)
An aerial photograph of Disney World in Kissimmee, Florida I f you want to know what’s different about Florida, both in general and in this election cycle, just ask José López. The organizer and leader of a laundry workers’ union that’s part of the Service Employees International Union (SEIU), López has been walking precincts as part of SEIU’s campaign to re-elect President Obama since mid-summer. One day, as he was chatting with an elderly man on his doorstep, his canvassing partner interrupted and asked López, “How much do you know about snakes?” A rather large snake, it seems, had slithered between López’s legs. The elderly gentleman, who, like hundreds of thousands of new Florida voters, had migrated from Puerto Rico to the Orlando metropolitan area, excused himself, returned carrying a machete and proceeded to hack the snake not entirely to death. “The machete was too dull,” says López, shaking his head. “He ended up just beating that poor snake to death with that thing.” “Old...

A Farewell to Arms, and the United States

Hector Barajas is opening up his home to serve as a safe house for deported veterans like himself, stranded in Mexico, far from the country they served.

Hector Barajas
Hector Barajas Deported veterans at Hector Barajas's safe house, which is opening in an event in Mexico today. H ector Barajas, a former paratrooper in the U.S. Army, lives in a two-bedroom apartment in Rosarito Beach, a seaside Mexican village 15 miles south of the border. Barajas, 36, has lived near Rosarito since 2009, usually with another deported veteran living in his second bedroom or on his couch. He is a leading advocate against the deportation of veterans, which has become a more prevalent concern for members of our armed forces in recent years, and his home has become the cause’s unofficial headquarters. Barajas’ current houseguest, Fabian Rebolledo, received a Purple Heart for his service in Kosovo. When Rebolledo, 37, was deported to Tijuana earlier this year, he called Barajas almost immediately. Today, Barajas will designate his apartment a safe house for deported military veterans. The announcement and press conference will bring no obvious, direct changes: the...

The Border Effect

The fence along the U.S.–Mexico boundary has helped reduce the flow of illegal immigrants, but the human and environmental toll has been enormous.

(AP Photo/Matt York, File)
(AP Photo/John Miller) The tree-lined San Pedro River moves north near Palominas, Ariz., Wednesday, Nov. 7, 2007. The federal government contends the fence is needed to stem the flow of illegal immigrants and drug-runners through the area, but environmentalists say it will have a devastating impact on wildlife and the environment. F or the aid workers who found 14-year-old Josseline Jamileth Hernández Quinteros in the Arizona desert, it is hardest to forget the little things, the beaded bracelet around a tiny wrist, the bright green sneakers, the pink-lined jacket, and the sweatpants with the word “Hollywood” across the backside. She was a wisp of a girl, barely 5 feet and 100 pounds, no match for the rough terrain or subfreezing temperatures. No one can say for sure that Josseline died because of heightened security measures along the U.S. border with Mexico. Yet, to the volunteers who found her lying under a bush, her head resting on a rock in an unnamed creek bed, Josseline’s death...

Who’s Sovereign Now?

(AP Photo/Chris Greenberg, File)
Hard to say what’s more bizarre about Antonin Scalia’s furious dissent against the Supreme Court’s decision striking down most of Arizona’s anti-immigrant law: his railing at President Barack Obama’s executive order stopping the deportation of immigrants brought here as children (which wasn’t remotely the subject of the case at hand) or his basis for upholding Arizona’s law—that Arizona is a sovereign state with the rights generally claimed by nation-states. “Today’s opinion,” Scalia writes, “deprives States of what most would consider the defining characteristic of sovereignty: the power to exclude from the sovereign’s territory people who have no right to be there.” This power, he continues, has been recognized as far back as 1758, when the Swiss philosopher Emer de Vattel, in his book The Law of Nations , wrote, “The sovereign may forbid the entrance of his territory either to foreigners in general, or for certain particular purposes.” Vattel was writing about nation-states, of...

Give Them Papers, Please!

The long-term solution to the federal-state standoff over immigration isn't litigation.

(Flickr/HalinaV)
In the legal battle over Arizona's "papers, please" law, SB 1070, the only part left standing after today's Supreme Court decision is the "papers, please" part. The Court found that Arizona does not have the authority to make unlawful presence in the country a separate state crime; to make it a crime for undocumented immigrants to work or seek work; or to arrest someone without a warrant if there is "probable cause" they've committed a deportable offense. (For more on the legal implications of the decision, see Garrett Epps's analysis .) But the Court upheld SB 1070's most contentious provision, Section 2(b), which allows police officers to try to determine the immigration status of someone they have "reasonable suspicion" is in the country illegally. The justices, however, said they were open to reviewing civil-rights concerns with the provision once it had been implemented. Because the law was written in a way that forbids racial profiling—at least in theory—the Court gave it the...

What the SCOTUS Ruling on SB 1070 Means for Other States

(Flickr/ Fibonacci Blue)
Two years ago, when the Arizona Legislature passed the controversial SB 1070, immigration rights activists feared it was only the beginning. The anti-immigrant measure put new and significant burdens on non-citizens while seemingly encouraging law enforcement officials to rely on racial profiling. Many worried similar laws would start cropping up around the country, perhaps even more extreme versions. It wasn't a pretty picture. Since today the Supreme Court struck down three of the four central pillars to SB 1070 , it's an occasion to note that this scary vision of the future has not come to pass. Since SB 1070 became law in Arizona, copy-cat laws have only appeared in five other states. In all of them—Georgia, Alabama, Indiana, South Carolina and Utah—at least some provision of the law has been blocked by the courts. Consider also that, according to the National Council of La Raza, in 31 other states, efforts to pass such a law have gone nowhere —lawmakers have either voted the...

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...

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