The punishment should fit the crime. That maxim is as old as law itself, dating at least as far back as the Old Testament and Hammurabi’s Code. It’s firmly rooted in our Constitution’s Due Process Clause and the Eighth Amendment’s prohibition against excessive fines and cruel and unusual punishment. That principle—referred to as proportionality—appears in [...]
One of the significant lessons of 2013 is that good immigration policy matters to the American public. It’s unfortunate, then, that the House Judiciary Committee is choosing to end its year focusing not on immigration reform, but on how best to take the President to task for making use of executive authority.
When the Deferred Action for Childhood Arrivals (DACA) program was first announced, it was clear that individuals would have to meet some sort of education requirement in order to obtain the program’s many benefits, including a two-year renewable reprieve from deportation, work authorization, a social security number, and—in nearly every state—the chance to apply for [...]
Last week, First Focus released a new report, “The Cost of Inaction: Why Children Can’t Wait for Immigration Reform.” The report highlights the particularly vulnerable position children are placed in within our broken immigration system.
For years, leading family and children’s advocates have argued that the bond between parent and child is often a casualty of our broken immigration system. Consequently, they have argued that ensuring parental rights in the context of immigration proceedings is critical—whether the issue is about determining who should have custody of an unaccompanied minor, exercising [...]
The Department of Homeland Security has issued its latest data on the Obama Administration’s initiative that offers deferment from deportation and temporary work permits to young undocumented immigrants under the Deferred Action for Childhood Arrivals (DACA) initiative. In the first six months of the program (August 15–February 14), 423,634 out of the roughly 936,933 immigrants [...]
Shortly after the administration began accepting applications under the Deferred Action for Childhood Arrivals (DACA) program, Kris Kobach—the author of Arizona SB 1070 and other notorious state immigration laws—filed a lawsuit on behalf of ten disgruntled immigration agents seeking to halt the program in its tracks. The lawsuit has largely been viewed as a politically [...]
On the Friday before Christmas, U.S. Immigration and Customs Enforcement (ICE) released new guidance on immigration “detainers,” the lynchpin of agency enforcement programs involving cooperation with local police. In the new guidance, ICE Director John Morton instructed agency employees to only file detainers against immigrants who represent agency “priorities.” Unfortunately, as with prior agency memos [...]
Prosecutorial discretion is the authority of a law enforcement agency or officer to decide whether and to what degree to enforce the law in particular cases. The Deferred Action for Childhood Arrivals (DACA) initiative continues to be a successful example of prosecutorial discretion in the immigration context. However the Department of Homeland Security (DHS) often [...]
The U.S. Citizenship and Immigration Services (USCIS) has released the latest numbers on the Deferred Action for Childhood Arrivals (DACA) initiative. The numbers provided by the agency reflect activity between August 15, 2012 – December 13, 2012. Entering its fifth month, the numbers are encouraging. Of the nearly 1.8 million who are potentially eligible, nearly [...]