Archive for the ‘Legislative Reform’ Category.

Block the Money, Block the Wall

The Trump Administration has developed an immigration-related agenda that rejects long held American values, our country’s commitment to due process, and what our economy needs to keep America working. His first Executive Orders related to immigration have one important theme in common:  to be implemented, they require money. Our system of government requires that the President ask for funding from Congress.

Yes, the President has a Republican majority in the House and Senate right now, so maybe he believes getting that money will be a cinch. It won’t be. The President’s asks: of building a border wall, increasing the number of  Immigration and Customs Enforcement (ICE) officers and U.S. Customs and Border Protection (CBP) agents to build a deportation force, and increasing the number of beds in detention facilities that benefit private prison companies, are unnecessary and will require supplemental funding that carries a price tag of $3 billion.

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Staining America’s Image

Tuesday night, I spoke at a “Know Your Rights” event in Tucson, Arizona, to a large group of concerned and fearful refugees from all over the world, including countries such as Iraq, Eritrea, Ethiopia and Somalia. Afterward, I spoke individually to several of the attendees who expressed anguish about the anti-refugee sentiment being spread throughout the United States by both our state officials and the federal government.

One man explained to me that he came to the U.S. with the impression that we would welcome him. But now he feels unwelcome. He said he loves this country but is worried about what the future may bring to him and his family. It was so disheartening to hear this. Another man told me of the gut-wrenching decision he made to leave his native land. In making this choice, he has separated from his elderly father, and most likely will never be able to see him again as his dad is extremely ill. I had to explain to him that being unified with his father would either require humanitarian parole (unlikely) or take an extremely long time via immigrant petition. While it was incredibly difficult to listen to these stories, the experience once again re-affirmed my personal commitment to help refugees and push for laws and policies that reunite families.

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Why You Need to be in D.C. Next Month

The actions and rhetoric throughout the first weeks of the Trump Administration have placed immigration at the top of the national agenda. Beginning with the three Executive Orders the first week, followed by the chaos at the airports due to the Muslim/refugee ban, and the stark realization that Candidate Trump was now President Trump with the full power of the presidential office behind him, immigration lawyers saw a shift in their everyday lives.

What may have once been a calm and quiet discussion of next steps became a frantic, terrified preparation session “in case” the worst was to happen and a family was torn apart. Business attorneys faced harried calls from Human Resources staff trying to figure out which if any of the presidential orders affected their current or future employees and how to address any gaps.

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Reactions to the President’s Joint Address to Congress

Several members of AILA’s Executive Committee share their reactions to President Trump’s Joint Address to Congress on February 28, 2017:

“We agree that we have to restore integrity and the rule of law to our borders, and especially to the agencies responsible for enforcing that law. The record of disregard for basic rights by officials of Customs and Border Protection (CBP), including warrantless searches and seizures of Americans, demonstrates the urgent need for oversight of enforcement at our borders by Congress and the courts.” Bill Stock

“We should not forget our Nation’s founding principles; we must remain a beacon of hope for the most vulnerable and lead by example, providing a viable and secure system for those seeking to flee persecution and violence.” Annaluisa Padilla

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The American People Have Elected the 45th President

shutterstock_106049390We, the American people, have elected our 45th president. Today, as we all go on with our daily routines, a new era is beginning. Today we must search deep within and find a renewed commitment to our nation, to unity, and to the belief in the wisdom of our founding fathers who established our nation and our system of governance in the name of freedom and democracy. Though the political debate surrounding immigration has always been contentious, the presidential campaign revealed a divisive and ugly rhetoric unbefitting our country.

As a woman, an immigrant, a former asylee, an immigration attorney, and a proud U.S. citizen, I feel the election boils down to one clear fact: that we must continue to work towards acceptance and inclusion because within our borders, our citizens feel excluded. We must figure out a way to address that while highlighting the ways in which the values our forefathers held to be true continue to define America as a nation.

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American Parents Overseas Should be Treated Equally

shutterstock_334793393The Supreme Court on November 9, 2016, will hear arguments in Lynch v. Morales-Santana, a case in which AILA submitted an Amicus Brief, along with the National Immigrant Justice Center (NIJC) and Northwest Immigrant Rights Project.  The case, which will address and better define how citizenship passes to children born to Americans overseas, has the potential to affect numerous children by eliminating current distinctions based on the biological sex of an unwed U.S. citizen parent.

In Morales-Santana, the Second Circuit ruled that the petitioner, who was born out of wedlock to a U.S. citizen father and a non-U.S. citizen mother, should not have been treated differently as to the status of his citizenship under the equal-protection clause of the Fifth Amendment, reversing a lower court ruling.  If the Supreme Court upholds the Second Circuit’s decision, the Court will create equality under the law for children born to an unwed U.S. citizen parent, regardless of the parent’s gender.

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What is Donald Trump’s Position on Immigration?

shutterstock_264609119Why do we ask?  And why particularly of Donald Trump and not Hillary Clinton?  While the devil is always in the details, it is clear that Secretary Clinton has a more favorable view of immigration and has laid out a fairly clear strategy for how she would reform the current system.

But the question of what Mr. Trump would prioritize on immigration, should he be elected to hold the highest office in our nation, remains unclear.  First he called for massive, yet “humane” and “nice” deportation of the estimated 11+ million undocumented individuals in this country.  He has also repeatedly reaffirmed that a wall must be built along the southern border.  He has noted that he wants people (who are deported) to come back legally because “they want to be legalized.” The candidate has also said that in the wall, there will be a “tremendous beautiful wide open door.” (Donald Trump on mass deportation).

Recently however, reports have Mr. Trump possibly “softening” his stance on immigration noting that “to take a person who has been here for 15-20 years and to throw them out is a very, very hard thing.”  The outline of a plan appears to have similarities to proposals made by former presidential candidate Jeb Bush, who Mr. Trump previously criticized as “weak on immigration.” Yet there does not yet seem to be any clear and definitive proposals of what his immigration policy would look like in actuality.

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Hearing Echoes from the Last Refugee Crisis Today

shutterstock_324951011The United States and Europe are facing the worst refugee global migration crisis since World War II. Estimates are that there are more than 60 million refugees worldwide. Every day that we fail to step up and address this issue leaves more refugees at risk of grave and imminent danger, not only for the next few years but for generations to come. I know this because I have seen firsthand the continuing struggles among the refugee population from the World War II era. The consequences have a long shelf life.

I am an immigration lawyer in Columbus, Ohio, and have just filed an application on behalf of a man I will call Ivan. Ivan was born in Lithuania in 1941; he is now 75-years-old. His parents died during the war and he was raised by his grandmother in a Displaced Persons Camp in Germany. After delays due to Congressional inaction, President Harry Truman signed legislation in 1948 and 1950 that allowed a total of 400,000 refugees into the U.S. Ivan benefited from one of those laws and came to the U.S.

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The Facts on How Immigration Works for America

shutterstock_371277403This election cycle has brought about the worst immigrant bashing in decades—most of it completely unsupported by any facts.  The constant barrage of blame is having an effect on many immigrant communities, and not simply the new arrivals, refugees, and unauthorized workers who are most often targeted through fearmongering.  What is consistently lost in the rhetoric is how immigrants who are studying and working in the United States keep our economic engine operating at the highest level.

Oklahoman Craig Knutson, the president of Growing Global, hit the nail on the head with his fact-based discussion of the economic powerhouse that is U.S. immigration (Norman businessman: Growing weary of trade, immigration bashing).  “The positive impact immigrants have had on our economy,” he notes has been demonstrated in both government and private research “using data.

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The Mandate of Optimism

shutterstock_447931165Listening to the pundits and talkers on TV and radio, we’re hammered with politically motivated, incomplete soundbites from people who lack awareness, at best, of the practical effects that our present immigration system engenders. It feels like we’re at such a low level of discourse on the issue that it leaves those of us in the trenches often feeling the weight of despair.

The increasingly restrictive and punitive views on immigration that are voiced by some are a reaction to  frustrations and fears that arise from terrorism, general violence, and the ups and downs of the economy and unemployment rate. In spreading these views, those we should be embracing are instead alienated.  Harsh immigration laws penalize individuals who are just as American as any of us who were fortunate enough to have been born here. Those laws also place unnecessary limits on innovators and entrepreneurs in the business and technology fields, preventing them from establishing roots in the United States and pushing away economic opportunities that would add to our shared prosperity.

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