Friday, September 5, 2014
After studying dance in Africa and Europe, and teaching at the Duncan Centre Conservatory in Prague, Michel Kouakou formed his own dance company, Daara Dance. With this group he performs internationally, while also continuing to teach in Europe, Asia, and the U.S. He has stated that he strives to build an “artistic bridge” through dance between Cote d’Ivoire and his adopted country. In 2012, he was awarded the Vilcek Prize for Creative Promise in Dance.
Thursday, September 4, 2014
Executive Action on Immigration: MPI Offers Estimates of Unauthorized Immigrant Populations that Could Receive Relief
As the Obama administration contemplates executive action on immigration, the Migration Policy Institute (MPI) today released estimates of various groups of unauthorized immigrants that could receive relief from deportation, either via deferred action or further refinement of immigration enforcement priorities.
The brief, Executive Action for Unauthorized Immigrants: Estimates of the Populations that Could Receive Relief, examines scenarios for executive action that have been publicly advanced by members of Congress, immigrant-rights advocates and others, describing scenarios that could be narrowly targeted to just a few tens of thousands of the nation’s estimated 11.7 million unauthorized immigrants or be expansive enough to reach several million.
Using an innovative methodology to analyze the most recent U.S. Census data to determine unauthorized status, MPI examines scenarios for expansion of the Deferred Action for Childhood Arrivals (DACA) program that has provided a temporary grant of relief from deportation as well as eligibility for work authorization to more than 587,000 unauthorized immigrants who came to the United States as children, as well as extension of deferred action to other populations.
With respect to expansion of the DACA program, MPI finds that:
• Eliminating the current education requirement (high school diploma or equivalent or current enrollment in school) would expand the DACA-eligible population by about 430,000. Last month, MPI estimated that 1.2 million unauthorized immigrant youth met all DACA eligibility criteria at the program’s announcement in June 2012. Eliminating the education requirement would bring the immediately eligible population to nearly 1.7 million.
• Extending eligibility to those who arrived in the U.S. before age 18 (from the current age 16) would expand the population by about 180,000.
• Moving forward the length of residence to 2009 (from the current 2007) would add about 50,000 youth.
Beyond DACA, the administration could grant deferred action to new populations. Among the possible criteria that MPI modeled are length of U.S. residence; close family ties to U.S. citizens, legal permanent residents or DACA beneficiaries; and/or potential eligibility for a green card as the immediate relative of a U.S. citizen. Excluding populations already eligible for DACA, MPI estimates that as of 2012:
• 3 million unauthorized immigrants had lived in the U.S. for 15 years or more, 5.7 million for at least 10 years and 8.5 million for at least five years.
• 3.5 million were the parents of U.S. citizens under age 18 — with 2.4 million of them having lived in the United States a decade or more. Including parents of children who are green-card holders or DACA recipients raises the total to 3.7 million.
• 770,000 were the spouses of U.S. citizens. Including the spouses of green-card holders and DACA recipients nearly doubles this group to 1.5 million.
• 1.3 million had qualifying immediate-relative relationships because they were spouses of U.S. citizens or parents of U.S.-citizen children ages 21 or over, but many are unable to depart the country to apply for a visa without facing years-long bars on their re-entry because of their cumulative unlawful stay.
Beyond deferred action, the Obama administration is said to be considering refinement of immigration enforcement priorities to limit the deportation of certain groups of unauthorized immigrants if they are apprehended by federal immigration authorities. While it is not possible to model future apprehensions and thus predict who might be affected by U.S. Immigration and Customs Enforcement (ICE) enforcement priorities, MPI analyzed 11 years of ICE removals data (for fiscal years 2003-2013) to determine how changes to current enforcement priorities could have affected past deportations, assuming removals were strictly limited to priority cases. Among the findings:
• Narrowing the definition of “recent illegal entrants” to those apprehended within one year of entering the U.S. (currently the definition is three years) would have reduced removals by 232,000 during 2003-2013.
• Excluding noncitizens convicted exclusively of traffic offenses (other than DUI) would have resulted in 206,000 fewer removals over the period. Excluding all non-violent crimes would have reduced removals by 433,000.
• Foregoing deportation of those with outstanding deportation orders more than a decade old would have resulted in 203,000 fewer removals.
Executive Action on Immigration Will Boost Tax Revenue; Quantifies Payroll Tax Gains as Workers Come Out of Shadows
A new report released by the Center for American Progress finds that a deferred action program that allows undocumented immigrants who have lived in the United States for at least five years to apply for a temporary work permit would increase payroll tax revenues by $6.08 billion in the first year alone and increase revenues by $44.96 billion over five years.
The report, “Administrative Action on Immigration Reform: The Fiscal Benefits of Temporary Work Permits,” analyzes one of the administrative actions President Barack Obama could announce in the coming months: Expanding the ability to request deferred action to undocumented immigrants who are deemed to be low enforcement priorities.
From the Bookshelves: What Every Lawyer Needs to Know About Immigration Law by Anna Williams Shavers, Jennifer Hermansky, Jill E Family, Lillian Katherine Kalmykov, William S Jordan III
Sponsor: Section of Administrative Law and Regulatory Practice
Publisher: ABA Book Publishing
This practical guide provides legal practitioners with tips on issues that they may encounter when representing clients that may necessitate an examination of immigration-related issues.
Given the many ways in which immigration law can affect a single individual as well as as large corporation, most lawyers will encounter a client needing immigration law advice. Yet for the nonspecialist, immigration law can be daunting, particularly because it is governed by a complex mix of statutes, regulations, and federal and administrative court guidance - as well as by adjudicatory policies from multiple administrative agencies. Thus, it is important for lawyers to understand how best to spot immigration issues for clients, and when to involve an immigration attorney for assistance with a client. This book was written by immigration law specialists who insights, guidance, and practice tips can offer help in understanding these issues.
The book is meant to provide attorneys working in various areas of law with enough information to identify problematic immigration issues, counsel their clients accordingly and if the matter is advanced to know when to advise the client to consult with immigration counsel. It will also introduce attorneys to the myriad of agencies involved in the immigration process.
Asylum Access and the Refugee Work Rights Coalition are excited to launch our Global Refugee Work Rights Report 2014: Taking the Movement from Theory to Practice. The report examines the laws, policies and practices pertaining to refugee work rights in 15 countries around the globe, affecting a total of 30% of the world’s refugee population. The findings reveal that almost half of the 15 countries examined have a complete legal bar to refugee employment. In the countries where some legal right to work exists, significant de-facto barriers to employment, like strict encampment, exorbitant permit fees or widespread discrimination, undermine refugees’ ability to access lawful employment.
Immigration Article of the Day: Does Immigration Enforcement Reduce Crime? Evidence from “Secure Communities” by Adam Cox and Thomas J. Miles
Does Immigration Enforcement Reduce Crime? Evidence from “Secure Communities” by Adam Cox (NYU) and Thomas J. Miles (University of Chicago). Forthcoming The Journal of Law and Economics, November 2014
"Secure Communities" is the largest cooperative immigration enforcement program in American history. It has a simple goal: enabling the federal government to check the immigration status of every single person arrested for a crime by local police. Adam Cox and Thomas J. Miles are working on a large-scale empirical study of the program: its goals, its consequences for crime rates, and its intended and unintended effects on local policing. The first two papers from their study are npw available. The first paper is Policing Immigration 80 University of Chicago Law Review 87 (2013).
The second paper is Does Immigration Enforcement Reduce Crime? Evidence from “Secure Communities” Forthcoming The Journal of Law and Economics, November 2014. Abstract: Does immigration enforcement actually reduce crime? Surprisingly, little evidence exists either way—despite the fact that deporting noncitizens who commit crimes has been a central feature of American immigration law since the early twentieth century. We capitalize on a natural policy experiment to address the question and, in the process, provide the first empirical analysis of the most important deportation initiative to be rolled out in decades. The policy initiative we study is “Secure Communities,” a program designed to enable the federal government to check the immigration status of every person arrested for a crime by local police. Before this program, the government checked the immigration status of only a small fraction of arrestees. Since its launch, the program has led to over a quarter of a million detentions. We exploit the slow rollout of the program across more than 3,000 US counties to isolate the effect of Secure Communities on local crime rates. Moreover, we refine those estimates using rich data on the number of immigrants detained under the program in each county and month—data obtained from the federal government through extensive FOIA requests. Our results show that Secure Communities led to no meaningful reductions in the FBI index crime rate. Nor has it reduced rates of violent crime—homicides, rape, robbery, or aggravated assault. This evidence shows that the program has not served its central objective of making communities safer.
Kirk Semple of the New York Times authored an article highlighting the studies results.
A new Pew Research Center report (As Growth Stalls, Unauthorized Immigrant Population Becomes More Settled By Jeffrey S. Passel, D’Vera Cohn, Jens Manuel Krogstad and Ana Gonzalez-Barrera) concludes that the number of unauthorized immigrants living in the United States has stabilized since the end of the Great Recession and shows no sign of rising. The marked slowdown in new arrivals means that those who remain are more likely to be long-term residents, and to live with their U.S.-born children.
Field Poll: MAJORITY OF CALIFORNIA VOTERS SUPPORTS PRESIDENT OBAMA TAKING EXECUTIVE ACTION TO DEAL WITH THE GROWING NUMBER OF IMMIGRANT CHILDREN ENTERING THE COUNTRY
In its most recent survey, The Field Poll asked Californians their opinions about what should U.S. policy be with respect to these children and whet her President Barack Obama should take executive action to deal with the problem if the Congress fail s to act. The survey also examined voter views about whether the President should use his executive authority more broadly with respect to other U.S. policies relating to the n early 11 million undocumented residents already living in the country.
The results show that by a 58% to 33% margin California voters believe the U.S. should offer shelter and support for the growing number of una ccompanied children entering the U.S. illegally while it determines their long-term status. A 55% to 33% majority also favors the President issuing an executive order to formalize U.S. policies to deal with these children, if the Congress fails to act.
Opinions are more divided with respect to Obama taking executive action with respect to the status of the millions of undocumented workers already livi ng in the country. Statewide, 46% favor his issuing an executive order to deal with their st atus should the Congress fail to act, but 36% are opposed and 18% have no opinion.
This Los Angeles Times article reports that mmigrants who are in California illegally make up nearly 10% of the state's workforce and contribute $130 billion annually to its gross domestic product, according to a new report by researchers at USC. The study, which was conducted in conjunction with the California Immigrant Policy Center, was based on Census data and other statistics, including data from the departments of Labor and Homeland Security. It looked at a variety of ways the estimated 2.6-million immigrants living in California without permission participate in state life.
Among the study's findings:
• Immigrants who are in California illegally make up 38% of the agriculture industry and 14% of the construction industry.
• Half of the immigrants in the state illegally have been here for at least 10 years.
• Roughly 58% do not have health insurance.
• Nearly three in four live in households that include U.S. citizens.
USC sociology professor Manuel Pastor, who worked on the report, said the data show how integrated immigrants are into California society.
VOX posted this map on the nearly 46 million people living in the US were born in other countries. A new map from the Pew Research Center helps track where all those people originated:At nearly 13 million migrants, Mexico easily takes the top spot for origin countries. After that, southeast Asia dominates: China (2.2 million), India (2 million), and the Philippines (2 million) take second, third, and fourth place.
Law Professors to President Obama on executive authority to protect individuals or groups from deportation
Here is the conclusion of the letter:
"In conclusion, we believe the administration has the legal authority to use prosecutorial discretion as a tool for managing resources and protecting individuals residing in and contributing to the United States in meaningful ways. Likewise, when prosecutorial discretion is exercised, there is no legal barrier to formalizing that policy decision through so und procedures that include a form application and dissemination of the relevant criteria to the officers charged with implementing the program and to the public. As the Deferred Action for Childhood Arrivals (DACA ) program has shown, those kinds of procedures help officers to implement policy decisions fairly and consistently, and they offer the public the transparency that government priority decisions require in a democracy."
Wednesday, September 3, 2014
CNN reports that Justin Bieber was arrested on assault and dangerous driving charges stemming from an alleged fight after his ATV collided with a mini-van in Canada last Friday. As previously reported on ImmigrationProf, Bieber has had a number of criminal problems that ultimately cause him immigrtaion problems in teh United States.
The link above accesses an audio recording and report from Susan Akram, Director, International Human Rights Clinical Program, Boston University School of Law. Professor Akram presented her research on the legal issues that are creating barriers to relief and protection for refugees fleeing Syria4. Along with Boston University graduate students Aaron Lang, Sarah Bidinger and Danielle Hites, Professor Akram recently published the full report of the research project, which is available to download at the link above.
Ambassador Shirin Tahir-Kheli is the first Asian-American and the first Muslim to represent the United States at the United Nations. In 2008, she was appointed by Secretary of State Condoleezza Rice to serve as her senior advisor for women’s empowerment. Newsweek, in 2011, named her one of the “150 Women Who Shake the World” for helping to “build bridges between the U.S. and Pakistan.” She holdsan M.A. and Ph.D. in international relations from the University of Pennsylvania and is currently a senior fellow at the Foreign Policy Institute of Johns Hopkins University.
From the Bookshelves: Migrants for Export How the Philippine State Brokers Labor to the World by Robyn Magalit Rodriguez
Robyn Magalit Rodriguez investigates how and why the Philippine government transformed itself into what she calls a labor brokerage state, which actively prepares, mobilizes, and regulates its citizens for migrant work abroad. Drawing on ethnographic research of the Philippine government’s migration bureaucracy, interviews, and archival work, Rodriguez presents a new analysis of neoliberal globalization and its consequences for nation-state formation.
Migrant workers from the Philippines are ubiquitous to global capitalism, with nearly 10 percent of the population employed in almost two hundred countries. In a visit to the United States in 2003, Philippine president Gloria Macapagal Arroyo even referred to herself as not only the head of state but also “the CEO of a global Philippine enterprise of eight million Filipinos who live and work abroad.” Robyn Magalit Rodriguez investigates how and why the Philippine government transformed itself into what she calls a labor brokerage state, which actively prepares, mobilizes, and regulates its citizens for migrant work abroad. Filipino men and women fill a range of jobs around the globe, including domestic work, construction, and engineering, and they have even worked in the Middle East to support U.S. military operations. At the same time, the state redefines nationalism to normalize its citizens to migration while fostering their ties to the Philippines. Those who leave the country to work and send their wages to their families at home are treated as new national heroes. Drawing on ethnographic research of the Philippine government’s migration bureaucracy, interviews, and archival work, Rodriguez presents a new analysis of neoliberal globalization and its consequences for nation-state formation.
Tuesday, September 2, 2014
President Obama's Labor Day address included a reference to "immigration rights." Specifically, the president stated:
"Cynicism is a bad choice. Hope is the better choice. Hope is what gives us courage. Hope is what gave soldiers courage to storm a beach. Hope is what gives young people the strength to march for women’s rights, and worker’s rights, and civil rights, and voting rights, and gay rights, and immigration rights."
Time magazine reports that this is the first time the president has used "immigration rights" outside the context of "immigration-rights activists."
Out of the Shadows: The Working Conditions of Immigrant Women in Tucson A Report by the Bacon Immigration Law & Policy Program, James E.Rogers College of Law and the Southwest Institute for Research on Women September 2014
Over the past seven years, the Bacon Immigration Law & Policy Program has worked closely with low-wage immigrant women workers through a legal clinic, the Workers' Rights Clinic. This report is an attempt to document, in broad strokes, the recurring hardships facing immigrant women workers that the Workers' Rights Clinic witnesses. This report is based on one year of field research, between April 2012 and March 2013. Researchers collected ninety surveys from low-wage immigrant women workers and conducted twenty-nine interviews of workers, government officials, and community leaders. We offer it to inform city and state stakeholders - workers, advocates, employers, government officials, and the general public - about the conditions of this vulnerable population. As detailed in the report's final section, we also identify concrete steps the city and state could take to address the recurring abuses and exploitation we document.
From the Bookshelves: Still Waiting for Tomorrow The Law and Politics of Unresolved Refugee Crises. Editors: Susan M. Akram, Tom Syring
Still Waiting for Tomorrow The Law and Politics of Unresolved Refugee Crises. Editors: Susan M. Akram, Tom Syring
This book focuses on the common features of protracted refugee situations. It is a critical examination of the reasons underlying the extended nature of those crises, as well as potential solutions to them. The book addresses war and armed conflict, environmental change and natural disasters, statelessness and protection gaps, among other elements, as common origins of refugee crises. It analyzes the root causes of some of the longest-standing unresolved refugee situations in the world today (including, but not limited to, the cases of Palestinians, Sahrawis, and Tibetans), addressing the particular political and legal tensions undermining solutions to them. The book comprises contributions from some of the leading scholars and practitioners in the field of international refugee, human rights and humanitarian law, and international relations.