October 1, 2012
Temporary Protected Status Extended for Haitians, DHS also extends the suspension of certain requirements for F-1 nonimmigrant Haitian students
Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for Haiti for an additional 18 months. Napolitano is also extending the suspension of certain requirements for F-1 nonimmigrant Haitian students. For additional information, click here.
The extension of TPS for Haiti will begin Jan. 23, 2013, and end July 22, 2014. Secretary Napolitano first designated Haiti for TPS on Jan. 21, 2010, after major earthquakes devastated the country. Current Haitian TPS beneficiaries, who have continuously resided in the United States since Jan. 12, 2011, and seek to extend their TPS status, must re-register during the 60-day re-registration period that runs through Nov. 30, 2012, if they wish to maintain their TPS.
U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible within the 60-day period. USCIS will accept applications starting today through Nov. 30, 2012. Individuals who have not continuously resided in the United States since Jan. 12, 2011, will not be eligible.
The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Haitian TPS beneficiaries who timely re-register will receive a new EAD, if requested, with an expiration date of July 22, 2014. USCIS recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending currently valid TPS Haiti EADs bearing a Jan. 22, 2013, expiration date for an additional six months, through July 22, 2013.
In addition, the Department of Homeland Security (DHS) is extending the suspension of certain requirements for F-1 nonimmigrant Haitian students. The extension will enable these F-1 students to continue to obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load, while maintaining their F-1 student status. The suspension of the regulatory requirements will remain in effect for an additional 18 months, through July 22, 2014. Further details about this extension may be found in the Federal Register notice published today.
Immigration Article of the Day: Art and Text as Living Inquiry into Anti-Immigration Discourse by Christian Faltis
Art and Text as Living Inquiry into Anti-Immigration Discourse by Christian Faltis (University of California, Davis). Vol. 14, No. 2 International Journal of Multicultural Education 201 Download Faltis article
ABSTRACT: This paper examines the connections between art and text regarding the (mis) treatment of Mexican immigrants, particularly in schools. The paper discusses the harsh realities of anti-immigrant discourse through a series of oil paintings created to depict selected issues of Mexican immigrant experiences that are also written about in text. The main argument of this paper is that art expands the imagination of written text to provoke meanings that are interconnected to textual representation and, at the same time, creates openings for the unfolding of visceral sensations and critical meaning.
The Economic Benefits of Passing the DREAM Act
The Center for American Progress has released a report on the economic impacts of passage of the Development, Relief, and Education for Alien Minors (DREAM) Act, which would provide a pathway to legal status for eligible young people who were brought here as children and who complete high school and some college or military service. It presents an analysis to understand what would happen if the United States were to grant a pathway to legal status to an estimated 2.1 million eligible youth in our country by passing the DREAM Act. Overall, the report concludes that the passage of the DREAM Act would add $329 billion to the U.S. economy and create 1.4 million new jobs by 2030, demonstrating the potential of the proposed law to boost economic growth and improve our nation’s fiscal health.
Governor Brown Vetoes Domestic Workers Bill of Rights
As Kevin Johnson pointed out earlier today, California Governor Jerry Brown vetoed the TRUST Act yesterday. Disappointingly, he also vetoed another important piece of legislation, the Domestic Workers Bill of Rights AB889:
From Fox News Latino:
On the same day California gave some undocumented immigrants the right to get drivers licenses, Gov. Jerry Brown vetoed legislation that would have provided overtime pay, meal breaks and other labor protections to an estimated 200,000 caregivers, nannies and house cleaners.
Brown called their work a "noble endeavor" and said they deserve fair pay and safe working conditions.
But the Democratic governor said the bill "raises a number of unanswered questions," prompting him to reject the measure. It was among dozens of bills sent to him by the Legislature that he acted on in the final hours before his midnight deadline.
I find it more prudent to do the studies before considering an untested legal regime for those that work in our homes.
- California Gov. Jerry Brown
Advocates said the legislation, dubbed the Domestic Workers of Bill of Rights, is necessary to protect a primarily female, immigrant workforce from abuse. They were successful in persuading New York lawmakers to pass similar legislation in 2010.
Among other things, the bill would have required that live-in workers be compensated if their rest period was interrupted during an eight-hour period and eased eligibility requirements for workers' compensation.
The California Chamber of Commerce and other business interests opposed AB889. They argued that labor laws carve out an exception for domestic workers for a reason: providing meal breaks and uninterrupted rest periods for caretakers is impractical at best and dangerous at worst. Read more...
Watch The Call: Fight for Immigrant Women's Rights
Sonia has worked so hard for this: a healthy family and a normal life in an average American town. But on a night that should have been like any other, she is forced to make an impossible choice that could shatter her family’s dreams forever. Keep your daughter safe -- or keep your family together? What call would you make?
From the Bookshelves: Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response by Tanya Hernandez
Racial Subordination in Latin America: The Role of the State, Customary Law, and the New Civil Rights Response (Cambridge Univ. Press, 2012) by Tanya Hernandez
ABSTRACT: There are approximately 150 million people of African descent in Latin America yet Afro-descendants have been consistently marginalized as undesirable elements of the society. Latin America has nevertheless long prided itself on its absence of U.S.-styled state-mandated Jim Crow racial segregation laws. This book disrupts the traditional narrative of Latin America's legally benign racial past by comprehensively examining the existence of customary laws of racial regulation and the historic complicity of Latin American states in erecting and sustaining racial hierarchies.
Tanya Katerí Hernández is the first author to consider the salience of the customary law of race regulation for the contemporary development of racial equality laws across the region. Therefore, the book has a particular relevance for the contemporary U.S. racial context in which Jim Crow laws have long been abolished and a "post-racial" rhetoric undermines the commitment to racial equality laws and policies amidst a backdrop of continued inequality.
John Yoo on the Deferred Action Program
As a high-ranking Justice Department attorney after 9/11, Yoo authored an infamous legal memo arguing that the President, as commander-in-chief, had the legal authority to order the torture of alleged “enemy combatants.” In a paper posted on the Social Science Research Network, Yoo and his co-author Robert Delahunty (St. Thomas-Minnesota) argue that, with the Deferred Action for Childhood Arrivals (DACA) program, President Obama has abandoned his constitutional responsibility to enforce the laws. Specifically, the article contends that the DACA initiative is such a broad application of prosecutorial discretion as to be incompatible with the constitutional requirement that the President “take care that the laws be faithfully executed.”
Conviction of Jose Padilla (of Padilla v. Kentucky Fame) is Set Aside
Daniel M. Kowalski on the LEXIS-NEXIS Immigration Law Community provides news on the reversal of the plea bargain and conviction of Jose Padilla, a lawful permanent resident from Honduras who the Supreme Court in Padilla v. Kentucky ruled could base an ineffective assistance of counsel claim on his attorney's failure to inform him of the possible immigration consequences of his criminal conviction. The Kentucky Court of Appeals on Friday ordered a new trial for Padilla.
The Supreme Court currently has before it a case raising the issue of the retroactivity of its decision in Padilla v. Kentucky.
Split Decision for Immigrants in California: Governor Brown Vetoes "Trust Act," Signs Driver's License Bill for DREAMers
Yesterday, California Governor Jerry Brown handed immigrant rights activists one victory and one defeat.
Governor Brown vetoed Assembly Bill 1081 would have prohibited local law enforcement agencies from holding arrestees for federal immigration authorities unless the crime or conviction involved a serious or violent felony. Known by supporters as the "Trust Act," the measure's author was Assemblyman Tom Ammiano. (For arguments in favor of the law in an op/ed by Professor Cruz Reynoso, click here.) Brown, in vetoing the bill, applauded the role that undocumented immigrants play in the state's economy and expressed support for comprehensive immigration reform. But, in Governor Brown's view, Ammiano's bill was flawed because its definition of serious or violent omitted many major crimes.
On the same day, Governor Brown signed into law a bill that will undocumented immigrants afforded deferred action under the new Obama administration Deferred Action for Childhood Arrivals program. The measure, Assembly Bill 2189, bill was the latest proposal in a decade-long campaign by Democratic Assemblyman Gil Cedillo to afford undocumented immigrants the eligibility to secure driver's licenses in California. Cedillo contended that issuing driver's licenses to undocumented immigrants would enhance public safety by ensuring that they are trained and tested, and making it more likely that they will buy insurance. Officials of the California Department of Motor Vehicles previously have said that it appears Deferred Action participants will be eligible for driver's licenses.
Arizona Governor Jan Brewer has stated publicly that Deferred Action recipients would not be eligible for licenses in Arizona.