The collateral damage left in the wake of internal immigration enforcement is far too often overlooked in the immigration debate—especially considering that children bear the brunt of such enforcement policies. There are roughly 5.5 million children currently living in the U.S. with at least one unauthorized parent, and at least three-quarters of these children are U.S. born citizens. The Department of Homeland Security (DHS) estimates that over the last 10 years, more than 100,000 immigrant parents of U.S. citizen children have been deported from the United States. As DHS continues to increases its enforcement-heavy budget, it’s important to consider the serous risks raids and other ICE actions that separate parents and children pose to children’s immediate safety, economic security, well-being, and long-term development.
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For over a year, the American Bar Association’s Commission on Immigration and the law firm of Arnold & Porter LLP engaged in a comprehensive review of the current removal process. The law firm poured over hundreds of articles, reports, legislative materials, and other documents, and interviewed scores of participants in the system, including lawyers, judges, advocacy groups, and academics. This study led them to conclude what many immigrants, their families, and immigration lawyers and advocates already knew and what many others suspected: the removal system is severely flawed and fails to afford fair process to all noncitizens facing deportation from the United States. The study details many of the deficiencies in the current system and makes a strong case for systemic reform.
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Yesterday, the U.S. Supreme Court issued a decision ensuring that immigrants facing deportation have fair process in the review of their cases. The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to reopen the case. The Court’s decision protects immigrants’ access to federal court review and affirms the role of the courts in our system of checks and balances on government power.
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Today, Department of Homeland Security Secretary Napolitano announced the designation of Temporary Protective Status (TPS) for eligible nationals of Haiti, whose homeland was devastated by an earthquake earlier this week. According to Secretary Napolitano, as of January 12, 2010, the estimated 100,000 to 200,000 unauthorized Haitians currently in the U.S. will be granted TPS, which will allow them to continue living and working in the U.S. for the next 18 months. Napolitano also noted that TPS will not apply to Haitian nationals who attempt to leave Haiti to seek refuge in the U.S.

“Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery,” Napolitano said.

Earlier this week, DHS suspended deportation of nationals back to Haiti. In the days following the earthquake, advocates and congressional leaders urged the Obama Administration to grant TPS to Haitian nationals in the U.S.

Tuesday’s devastating earthquake in Haiti is the latest and deadliest tragedy to befall one of the world’s poorest countries. As the death toll mounts and the full measure of the destruction is taken in, the call for urgent humanitarian relief is already being answered by the United States. Presumably, those relief efforts will be supplemented by additional long-term foreign aid packages, much like the relief that followed a series of hurricanes and tropical storms in 2008.

Whenever a disaster of this magnitude occurs, however, the immigration arm of the government also must respond. DHS has already announced that it is temporarily suspending the removal of Haitians scheduled to be returned to their country. Thousands more—some here as temporary visitors, others seeking asylum or currently in immigration proceedings, and many more here as undocumented immigrants—face an uncertain future.
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Last week, the U.S. Supreme Court announced it would decide whether a permanent resident who was convicted of a second drug possession offense can be deported without an opportunity to make a case for why he should be allowed to remain in the United States. This case, which will resolve a split in the federal courts, will affect hundreds of immigrants who face deportation each year. It also serves as an unfortunate reminder that we still struggle with the adverse effects of the overbroad and unforgiving immigration laws passed by Congress in 1996.
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While there is no question that Congress needs to step up to the plate and repair our broken immigration system through legislative reform, there are some fixes that can be made now without waiting for Congressional action. If the Department of Homeland Security (DHS) and the Board of Immigration Appeals (BIA) would stop narrowly interpreting existing immigration law, many noncitizens would be eligible to complete applications for legal status in the manner Congress intended.
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According to the Associated Press, the Obama Administration said today that it will no longer detain asylum seekers who, in addition to other criteria, have displayed a credible fear of persecution in their home countries. According to the article:

Immigration and Customs Enforcement director John Morton says beginning Jan. 4, asylum seekers can temporarily enter the U.S. if they meet certain criteria. They must establish their identities, they cannot be dangerous or a flight risk, and they must have a credible fear of persecution or torture.

Currently, foreigners who come to the U.S. without valid documents can be immediately deported. Many are detained while their asylum requests are considered.

While perpetuators of the myth that “immigrants take jobs away from hard working Americans” are busy exploiting both immigrants and native-born workers, a new report by America’s Voice Education Fund shines a much needed light on the restrictionist lobby’s real agenda—deportation at any cost. Released last week, the report takes a closer look at the “anti-worker” voting records of supposedly “pro-worker” Congressional Members who, “aided by a shadow coalition of groups with an anti-immigrant agenda,” have consistently built a “deport them all” agenda on the backs of American workers.
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The Center for Immigration Studies (CIS) has made the rather un-astounding discovery that unemployment in the recession-plagued U.S. economy is high, especially among less-educated workers. In a new report, entitled A Huge Pool of Potential Workers, CIS dissects the latest Bureau of Labor Statistics numbers on unemployment and underemployment among the native-born, and notes that there are between seven and eight million unauthorized immigrants currently working in the United States. The report then makes the casual claim that “if the United States were to enforce immigration laws and encourage illegal immigrants to return to their home countries, we would seem to have an adequate supply of less-educated natives to replace these workers.” What the CIS report fails to mention is that the costly and destructive measures which have been proposed to “encourage” unauthorized workers to leave the country have yet to work and adversely affect native-born workers; that many unemployed natives would have to travel half way across the country to reach the low-wage jobs formerly held by unauthorized immigrants; that removing unauthorized workers from the country also means removing unauthorized consumers and the jobs they support through their purchasing power; and that none of this would aid the nation’s long-term economic recovery.
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