Yesterday, the Ninth Circuit Court of Appeals issued a simple but clear reminder to the United States Citizenship and Immigration Services (USCIS) that it must act within the bounds of the law. The issue before the court was whether USCIS could properly deny an employment-based, “extraordinary ability” visa because the petitioner had not demonstrated “the research community’s reactions to his [scholarly] publications” – an arbitrary requirement with no justification in the law. The court, in Kazarian v. USCIS, found that USCIS unlawfully imposed a requirement on the petitioner that was not found in the regulations. The court said that “neither USCIS nor an AAO may unilaterally impose novel substantive or evidentiary requirements beyond those set forth [in the regulations].” In other words, USCIS cannot bypass the law.
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Asylum applicants and their attorneys have long struggled to better understand how the employment authorization asylum clock (“EAD asylum clock”) functions. The clock, which measures the number of days after an applicant files an asylum application before the applicant is eligible for work authorization, affects potentially more than 50,000 asylum applicants each year. While the law requires asylum applicants to wait 150 days after filing an application to apply for a work permit and in some instances, permits the government to extend this waiting period by “stopping the clock” for certain incidents caused by the applicant, some applicants often wait much longer than the legally permitted timeframe to receive a work permit, which can cause a host of problems.
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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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Today, hundreds of Evangelical leaders from around the country will join hands to raise awareness for comprehensive immigration reform during a National Day of Prayer. Like many faith groups, Evangelicals are the most recent to sign onto the national religious effort to “act on the Biblical mandate of compassion and justice toward immigrants” and call for reform of our broken immigration system. Some restrictionist groups, however, continue to criticize the role of religion and faith in the immigration reform movement—some even using the Bible as a weapon to condemn immigrants as law-breakers and sinners.
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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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Fresh on the heels of an economic study by UCLA’s Dr. Raúl Hinojosa-Ojeda—a study which demonstrates how comprehensive immigration reform would yield $1.5 trillion to the U.S. GDP over a ten year period, generate billions in additional tax revenue and consumer spending and support hundreds of thousands of jobs—a recent report by the non-partisan Migration Policy Institute (MPI) further highlights the economic benefit of immigration through foreign investments in U.S. businesses. As noted yesterday in a Washington Post article, “the number of foreigners willing to invest $500,000 to $1 million in a U.S. business in exchange for a visa roughly tripled in the past fiscal year”—from 1,443 in fiscal year 2008 to 4,218 in fiscal year 2009.
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Do not be misled by recent events. U.S. Senator and possible immigration reform bill co-sponsor Lindsey Graham (R-SC) is no liberal. Lately, Sen. Graham has drawn the ire of county Republican parties in South Carolina by voting for the White House’s bank bailout plan as well as Democrat-sponsored climate change legislation. These votes resulted in his third censure by county Republican parties in the last two years. Local Republicans are furious despite Sen. Graham’s vehement opposition to healthcare reform and his goal of stopping an “out-of-control Obama agenda.”
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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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Traveling home for the holidays might not be as cheerful as you may think if you plan on taking a Greyhound bus. According to a recent article in the Contra Costa Times, an immigrant rights group in San Bernardino, CA, is accusing Greyhound Lines, Inc. of racially profiling their Latino customers. The rights group, Immigration Raids Response Network, alleges that Greyhound Lines Inc. targets Latino riders by allowing Border Patrol agents—along with Greyhound employees—to “conduct immigration checks of passengers upon their arrival at the San Bernardino Greyhound bus station.” The rights group is now urging Latinos not to ride Greyhound buses nationwide.
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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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