Category Archive: Constitution

Apr
11

Does the Punishment Fit the Crime? Experts Examine “Proportionality” and “Discretion” in Our Immigration System

As immigration becomes an ever more controversial part of the American debate, conversations often turn to details about legislation and court battles rather than questioning whether fundamental principles of justice are being applied throughout our immigration system. Two new reports released today, however, address some of these key principles, such as the idea of proportionality (whether …

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Permanent link to this article: http://immigrationimpact.com/2012/04/11/does-the-punishment-fit-the-crime-experts-examine-proportionality-and-discretion-in-our-immigration-system/

Mar
29

Supreme Court Flooded with Briefs Opposing Arizona SB 1070

Proponents of Arizona SB 1070 often insist that the infamous immigration law enjoys considerable public support. Yet even if such claims are correct, one would hardly know it from the flood of briefs filed at the Supreme Court this week opposing the measure. Unlike the monolithic set of briefs filed last month in support of …

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Permanent link to this article: http://immigrationimpact.com/2012/03/29/supreme-court-flooded-with-briefs-opposing-arizona-sb-1070/

Mar
20

Supreme Court Brief on SB 1070: Arizona Seeking Confrontation, not Cooperation

When Arizona Governor Jan Brewer wagged her finger in President Obama’s face at a Phoenix airport earlier this year, she may have been seeking to score political points with the White House’s ideological opponents. What the governor may not have realized, however, is that she was giving the Obama administration the photographic equivalent of its …

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Permanent link to this article: http://immigrationimpact.com/2012/03/20/supreme-court-brief-on-sb-1070-arizona-seeking-confrontation-not-cooperation/

Mar
08

Why the Scott Gardner Act is Unconstitutional…and a Bad Idea

Immigration hardliners never hesitate to claim the mantle of “states’ rights” when defending laws like Arizona SB 1070. But those wanting local cops to double as federal immigration agents were conspicuously silent at a congressional hearing on Wednesday on the Scott Gardner Act, a bill that (among other things) would require police to run extra …

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Permanent link to this article: http://immigrationimpact.com/2012/03/08/why-the-scott-gardner-act-is-unconstitutionaland-a-bad-idea/

Mar
01

ICE Distorts Facts in Debate over Immigration Detainers

February was an important month in the debate over immigration “detainers,” the controversial tool used to strong-arm local jails into holding immigrants on the federal government’s behalf. In Connecticut, a class-action lawsuit was filed attacking detainers’ many legal vulnerabilities, and the Governor announced that state jails will not honor them in all cases. In Illinois, …

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Permanent link to this article: http://immigrationimpact.com/2012/03/01/ice-distorts-facts-in-debate-over-immigration-detainers/

Sep
20

Mandatory E-Verify: An Enforcement Proposal Even Conservatives Don’t Like

Rep. Lamar Smith may find himself whistling in the wind this week as members of his own party continue to blast his E-Verify proposal. Smith’s bill, The “Legal Workforce Act” H.R. 2885, which continues to get marked up this week by the House Judiciary Committee, would make E-Verify mandatory nationwide. Conservative lawmakers, Tea Partiers, and …

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Permanent link to this article: http://immigrationimpact.com/2011/09/20/mandatory-e-verify-an-enforcement-proposal-even-conservatives-don%e2%80%99t-like/

Sep
19

Better Immigrant Integration Leads to Economic Growth

Over the weekend, more than 27,000 people became American citizens during 285 naturalization ceremonies held across the country in honor of Citizenship Day (September 17). Becoming a citizen, however, is hard work. A new country, new rules, high costs, and little targeted support for new immigrants make what should be a journey of exploration and …

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Permanent link to this article: http://immigrationimpact.com/2011/09/19/better-immigrant-integration-leads-to-economic-growth/

Jul
28

Restrictionist Group Strikes Out in Latest Report on Children of Diplomats

BY MARGARET D. STOCK, COUNSEL TO THE FIRM, LANE POWELL PC The Center for Immigration Studies (CIS) has been known for coming out with some odd reports over the years—but their latest is notable for its factual and legal flaws—and for argument that we should expand several different government bureaucracies to chase down the dozen …

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Permanent link to this article: http://immigrationimpact.com/2011/07/28/restrictionist-groups-strikes-out-in-latest-report-on-children-of-diplomats/

Jun
27

Federal Courts Block Key Provisions of Restrictive Immigration Laws in Georgia and Indiana

Today, a federal judge in Georgia granted a preliminary injunction against key provisions of the state’s immigration law, HB 87, which was slated to take effect Friday. Today’s decision follows another federal court decision handed down last week in Indiana which also blocked key provisions of the state’s new immigration law, SB 590. And these …

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Permanent link to this article: http://immigrationimpact.com/2011/06/27/federal-courts-block-key-provisions-of-restrictive-immigration-laws-in-georgia-and-indiana/

Feb
08

Some States Applying Brakes to Legislation Denying Citizenship to U.S.-Born Children

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Yesterday, a panel in South Dakota’s legislature voted to halt legislation aimed at denying citizenship to U.S.-born children of undocumented immigrants. South Dakota’s bill—and others like it—propose measures which challenge the interpretation of the 14th Amendment, which states that, with very few exceptions, all persons born in the U.S. are U.S. citizens, regardless of the …

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Permanent link to this article: http://immigrationimpact.com/2011/02/08/some-states-applying-brakes-to-legislation-denying-citizenship-to-us-born-children/

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