Today, we celebrate the life and legacy of Dr. Martin Luther King, Jr., a man whose dream of equality and human rights changed the course of history. His legacy will be remembered this week by people of all colors and creeds who still believe in the American dream and who continue to fight for equality, civil rights and the basic human dignity they deserve. Over the weekend, thousands of human rights activists took to the street in Phoenix, Arizona, to march for civil rights and for “long-overdue federal action on immigration.”
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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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There are plenty of genuine issues worthy of debate in immigration reform—how to really create secure borders and communities, how to predict and manage future immigration flows, how to implement a fair and workable employment verification system, and how to ensure that legal immigration incorporates key values represented by family and work. But what is no longer on the table is whether we should be doing immigration reform, particularly legalization of the undocumented. Yesterday’s release of the IPC/CAP report finally puts to rest the question of whether immigration reform is good for the country. The answer—a resounding “Yes!”
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Updated: 01/06/10

As Congress continues to broker the specifics of health care legislation, some reports cite key Democrats as allegedly holding out their support of the bill contingent on a solid White House promise that a comprehensive immigration reform bill will be addressed this year—a reform bill that would provide health care coverage options to all immigrants, including undocumented immigrants on an earned path to citizenship.
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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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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.

This week a police chief and two of his officers were charged with obstruction of justice in connection with their investigation of the beating death of Luis Ramirez, a 25-year-old undocumented Mexican immigrant, in Shenandoah, PA, last year. The two teenagers acquitted of his murder were also indicted on federal hate crime charges. While some measure of justice may eventually be served in the Ramirez case, this tragedy should serve as a cautionary tale as we move into 2010 and gear up for a new round of immigration reform debates. Policy makers and the media must understand that when the debate devolves from reasoned, fact-based discussions into fear and hate-mongering the consequences can be dire.
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Today, in a room filled with supporters and shouts of “Si, Se Puede,” Congressman Luis V. Gutierrez (D-IL) held a press conference to introduce the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP). Congressman Gutierrez introduced the immigration reform bill—which at last count had 89 original co-sponsors including the Congressional Hispanic, Black, Progressive, and Asian Pacific American Caucuses—before Congress heads home for the holidays “so that there is no excuse for inaction in the New Year.”
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