Prosecutorial Discretion

The President’s Solid Ground for Executive Action on Immigration

Written by on August 26, 2014 in Administration, Prosecutorial Discretion with 1 Comment
The President’s Solid Ground for Executive Action on Immigration

Comprehensive immigration reform legislation would give a majority of America’s 11 million undocumented immigrants a path to citizenship and work authorization. But with immigration reform stalled in the House, President Obama announced that he plans to “fix as much of our immigration system as I can on my own, without Congress.” The President is reportedly [...]

Continue Reading

What Does More Discretion and Less Deportation Look Like?

What Does More Discretion and Less Deportation Look Like?

Following President Obama’s announcement that administration officials will review enforcement policies to see how to make them more humane, NBC News reports that the Congressional Hispanic Caucus has compiled a list of recommendations for Homeland Security Secretary Jeh Johnson on what actions could be taken to slow deportations. According to NBC News, the caucus will [...]

Continue Reading

The Punishment Should Fit the Crime for Immigrants, Too

The Punishment Should Fit the Crime for Immigrants, Too

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 [...]

Continue Reading

Will New USCIS Memos Confuse House Judiciary Committee Again?

Will New USCIS Memos Confuse House Judiciary Committee Again?

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.

Continue Reading

Understanding DACA’s Education Requirement

Understanding DACA’s Education Requirement

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 [...]

Continue Reading

Three Ways Congressional Inaction on Immigration is Hurting Children

Three Ways Congressional Inaction on Immigration is Hurting Children

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.

Continue Reading

ICE Policy on Parental Rights Addresses Long Overdue Problem in Immigration System

ICE Policy on Parental Rights Addresses Long Overdue Problem in 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 [...]

Continue Reading

Reaching the Six-Month Mark on Deferred Action for Childhood Arrivals (DACA)

Reaching the Six-Month Mark on Deferred Action for Childhood Arrivals (DACA)

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 [...]

Continue Reading

Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit

Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit

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 [...]

Continue Reading

New ICE Detainer Guidance Too Little, Too Late

New ICE Detainer Guidance Too Little, Too Late

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 [...]

Continue Reading

Top