Saturday, December 31, 2016
From the Bookshelves: Contesting Immigration Policy in Court: Legal Activism and Its Radiating Effects in the United States and France by Leila Kawar
Contesting Immigration Policy in Court: Legal Activism and Its Radiating Effects in the United States and France (Cambridge Studies in Law and Society) by
Friday, December 30, 2016
"Although less than 8 percent of the noncitizen population in the United States is black, more than 20 percent of immigrants in deportation proceedings on criminal grounds are black," notes P.R. Lockhart, writing for Mother Jones in Black Immigrants Brace for Dual Hardships Under Trump. That disparity results from the fact that black immigrants in the U.S., like African Americans, are more likely to have criminal convictions.
Jonathan Jayes-Green, a founder and coordinator of the UndocuBlack Network, a group that advocates for the black undocumented community, told Lockhart: "I think our communities were already in a state of emergency under a Democratic president... so as we think about the next administration, our community has gone into a sort of crisis control."
Immigrants (We Get The Job Done) is a track on the new Hamilton Mixtape. It's inspired by a line in the Hamilton musical uttered by Daveed Diggs as the Marquis de Lafayette and Lin-Manuel Miranda as Alexander Hamilton during the number Yorktown (The World Turned Upside Down).
The Mixtape song features verses by K'naan, Snow Tha Product, Riz MC, and Residente. It is equal measures hopeful, desperate, and angry.
Check out these K'naan lines: "Man, I was brave, sailing on graves / Don’t think I didn’t notice those tombstones disguised as waves."
And these from Snow Tha Product: "It’s a hard line when you’re an import / Baby boy, it's hard times / When you ain't sent for."
Or these from Riz MC: "Who these fugees what did they do for me / But contribute new dreams / Taxes and tools, swagger and food to eat."
Click here for the full lyrics. It's good to read them while listening to the music.
In recent years, a number of states have enacted laws making undocumented immigrants eligible for driver's licenses. The San Jose Mercury News reports that "Two years after the implementation of [California's] AB 60 on Jan. 1, 2015, an estimated 806,000 undocumented residents have received driver’s licenses, according to Department of Motor Vehicles statistics this month. About 14,000 of these licenses were issued in November alone, the DMV said." To qualify for a driver’s license under AB 60, applicants must prove their identity and residency in California; pass the written exam and a driving test; submit thumbprints and show proof of insurance, among other requirements. AB 60 licenses are marked with the words, “federal limits apply.” They have language on them indicating that the card is for driving purposes only and may not be used for identification.
Wednesday, December 28, 2016
"No doubt automation and globalization have also affected wages, but mass immigration accelerates these trends with surplus labor, which of course decreases wages. Little wonder, then, that these Americans voted for the candidate who promised higher wages and less immigration instead of all the candidates — Republicans and Democrats alike — who promised essentially more of the same on immigration."
WHAT IS THIS GUIDE FOR?
The purpose of this guide is to provide information, updates, and answers to frequently asked questions about the Internal Revenue Service’s Individual Taxpayer Identification Number (ITIN).
WHO IS THIS GUIDE FOR?
This guide is for individuals who are not eligible to obtain a SSN and, therefore, are eligible to apply for an ITIN. DACA recipients will also find this guide useful because it includes information specific to DACA recipients who obtained an ITIN in the past and/or are determining whether they might need to renew or obtain one in the future.
WHY IS THIS GUIDE IMPORTANT?
For anyone who does not have a SSN, the ITIN is essential to earning a living as an independent contractor or entrepreneur. A separate guide discussing these possibilities is currently being written by E4FC and will be released in January.
WHY ARE WE RELEASING THIS GUIDE NOW?
It is important to understand the role of ITINs given the implications of potential changes to immigration policy and programs with the new administration. We encourage you to stay informed and connect with us to get the latest updates.
Special thanks to everyone who contributed to making this guide: Iliana G. Perez, the National Immigration Law Center, Asian Americans Advancing Justice – Asian Law Caucus and the Immigrant Legal Resource Center.
This story considers questions raised by Donald Trump's pledge to deport "criminal immigrants." Carrie Rosenbaum, among others, is quoted in the story: “Most immigrants are NOT criminals, but they've been painted out to be criminals in the public imagination through racism and fear,” Rosenbaum said via email. “Most immigrants deported as ‘criminals’ are not criminals in the way most people think of criminals.”
Jennifer Rubin of the Washington Post debunks many of the myths about immigration floating around among Trump and his supporters. She specifically observes that "Contrary to President-elect Donald Trump’s rhetoric, the focus has been on violent criminals. (`“In fiscal year 2015, 91 percent of people removed from inside the U.S. were previously convicted of a crime.')"
Tuesday, December 27, 2016
“Exodus,” a two-hour FRONTLINE special, tells the first-person stories of refugees and migrants fleeing war, persecution and hardship — drawing on footage filmed by the families themselves as they leave their homes on dangerous journeys in search of safety and refuge in Europe. “Exodus” premieres Tues., Dec. 27, 2016 at a special time — 9 p.m. EST/8 p.m. CST.
Meredith Blake for the Los Angeles Times reviews the show.
There is lots of discussion of what might happen in terms of immigration in a Trump administration.
Donna St. George of the Washington Post reports on "growing efforts by school districts to reassure immigrant communities ahead of President-elect Donald Trump taking office in January. Many are scared that Trump — who put illegal immigration at the center of his campaign — will ramp up deportation efforts, already significant during the Obama administration."
In my small college town of Davis, California, students have expressed fear of immigration enforcement, The school superintendent made a public statement emphasizing that the Davis schools were open to all.
Some universities have joined in the efforts to calm fears in immigrant communities. The University of California on Nov. 30 announced that it will vigorously protect the privacy and civil rights of the undocumented members of the UC community and will direct its police departments not to undertake joint efforts with any government agencies to enforce federal immigration law.
South Texas College of Law Houston Student, Former Undocumented Immigrant Receives 'Law Student Pro Bono Award'
Maria Ivanez, left, and South Texas College of Law Houston President and Dean Donald J. Guter celebrate her recognition as the Texas Access to Justice (ATJ) Commission’s 2016 “Law Student Pro Bono Award” recipient at the State Bar of Texas’ recent New Lawyer Induction Ceremony in Austin. Photo courtesy of Texas Lawyer
The Texas Lawyer reports on this pupbeat immigration story. When she was a kid, law student Maria Ivañez was afraid of deportation. Her family moved from Venezuela when Ivañez was a child, and for ten years, she lived as an undocumented immigrant. When it came time to graduate from high school, she needed her legal status to qualify for in-state college tuition at the University of Houston.
Then 18, Ivañez filed her immigration case alone because she could not afford a lawyer. As a law student at South Texas College of Law Houston, where she graduated this month, she made sure that other undocumented children would not go through that without representation.
Ivañez recently received the Law Student Pro Bono Award and a $2,000 stipend from the Texas Access to Justice Commission for her dedication and commitment to pro bono services for low-income and underserved people.
She took a course that required her to work in the school's Immigration Clinic, and then kept volunteering after her class ended.
Monday, December 26, 2016
Last week, the Supreme Court announced that oral argument in Esquivel-Quintana v. Lynch will be held on February 27. That case presents the question whether a California conviction for consensual sexual intercourse with a 16-year-old, when the defendant was 20 and 21, constitutes "sexual abuse of a minor," and thus an “aggravated felony,” for purposes of immigration law. The conduct would not have been criminal in more than 40 states -- but was in California. The case raises Chevron deference and other interesting issues. I will be doing a preview of the oral arguments for SCOTUSBlog and will cross-link it here.
Sunday, December 25, 2016
This NPR story looks at U.S. citizens held in immigration detention. It is unlawful for U.S. immigration authorities to hold Americans in detention. However, an NPR analysis of government data shows that hundreds of American citizens each year find themselves in a situation where they have to prove their citizenship. From 2007 through July of last year, 693 U.S. citizens were held in local jails on federal detainers — in other words, at the request of immigration officials. And 818 more Americans were held in immigration detention centers during that same time frame, according to government data obtained by Northwestern University professor Jacqueline Stevens and analyzed by NPR.
To be sure, the numbers represent a tiny percentage of all the cases reviewed by Immigration and Customs Enforcement, but advocates say holding even a single U.S. citizen should not be tolerated.
Saturday, December 24, 2016
In 2017, the WZB Berlin Social Science Research Center is establishing a new research group, “Global Citizenship Law: International Migration and Constitutional Identity,” which will be led by Professor Liav Orgad, connected to the Research Area Migration and Diversity (headed by Professor Ruud Koopmans) and in collaboration with the Center for Global Constitutionalism (headed by Professor Mattias Kumm).
The project, funded by a European Research Council Starting Grant, is jointly hosted by the WZB and the Robert Schuman Centre for Advanced Studies at the European University Institute (EUI) in Florence, providing the PhD candidate with a unique opportunity to benefit from Europe’s two leading research institutes in the fields of constitutional identity, citizenship theory, and international migration.
The doctoral degree will be awarded in cooperation with one of the Berlin Universities (typically, Free University of Berlin or Humboldt University of Berlin); the call is also open to PhD students at other universities in Germany or abroad who are willing to relocate to Berlin for the duration of the contract. The position is at 65% of the regular working hours (currently 25.35 hours per week), preferably starting on September 1, 2017, for the duration of four years. Salary level is E 13 TVöD (in accordance with German public service collective agreement).
For details, see Download PhD-1-WZB
Friday, December 23, 2016
Erwin Chemerinsky, Annie Lai and Seth Davis: Trump Can't Force Sanctuary Cities to Enforce Deportation Plans
In this Washington Post op-ed, UC Irvine School of Law Dean Erwin Chemerinsky and Professors Annie Lai and Seth Davis address President-Elect Trump's threats to eliminate federal funding for states and localities that enact so-called "sanctuary" policies that prohibit state or local resources from being used in connection with federal immigration enforcement.
"Trump insists that he can force states and cities to participate in his plan to deport undocumented immigrants. But this ignores the 10th Amendment, which the Supreme Court has repeatedly interpreted to prevent the federal government from “commandeering” state and local governments by requiring them to enforce federal mandates." The op-ed discusses the Supreme Court's decisions in Printz v. United States and NFIB v. Sebelius.
In addition, other limitations on Congressional power over funding for states and localities exists. "Congress must give clear, advanced notice to states of the terms of federal grants, and any conditions imposed on a grant must be reasonably related to the federal interest animating the grant program. Congress likely could not, for example, condition the receipt of a grant for economic development on cooperation with immigration enforcement. Also, funding conditions cannot themselves be used to induce states to violate the Constitution, for example by unlawfully detaining people on immigration detainers without a judicial determination of probable cause."