Border Security
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Due Process for Us Permanent
DUE PROCESS FOR U.S. PERMANENT RESIDENTS: THE RIGHT TO COUNSEL Sandra E. Bahamonde* I. INTRODUCTION ....................................... ........ 86 A. Immigration Court Proceedings ................. 88 II. LEGAL PERMANENT RESIDENTS. ......................... ....... 89 A. StatisticalInformation on LPRs ................. ..... 91 B. LPRs and IIRAIRA ................................. 91 III. CONSTITUTIONAL PROTECTIONS............................92 A. Life, Liberty and Propertyfor LPRs ........... ........ 93 B. The Gideon Promise........................ 95 C. Padillav. Kentucky ...................... ......... 96 IV. CIVIL OR CRIMINAL PROCEEDINGS ............................. 97 A. Article I Courts................................... 98 B. ProtectionsAfforded in Criminal Versus Civil Cases.............98 C. Matter of Castro ................................ 100 V. CIRCUIT SPLIT .............................................. 101 VI. CONCLUSION .................................................... 104 In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago. How does the United States, a country founded and built by immigrants, protect immigrants from such peril? The Fifth Amendment to the U.S. Constitution provides that, "no person ... shall be deprived of life, liberty or property, without due process of law."2 The inclusion of "no persons," extends due process protection to aliens and -
Bridging the Gap Between DACA and the DREAM: the BRIDGE Act, What It Means, and Why It Matters
Penn State Journal of Law & International Affairs Volume 7 Issue 1 February 2019 Bridging the Gap Between DACA and the DREAM: The BRIDGE Act, What It Means, and Why It Matters Ellen E. Findley Follow this and additional works at: https://elibrary.law.psu.edu/jlia Part of the International and Area Studies Commons, International Law Commons, International Trade Law Commons, and the Law and Politics Commons ISSN: 2168-7951 Recommended Citation Ellen E. Findley, Bridging the Gap Between DACA and the DREAM: The BRIDGE Act, What It Means, and Why It Matters, 7 PENN. ST. J.L. & INT'L AFF. 304 (2019). Available at: https://elibrary.law.psu.edu/jlia/vol7/iss1/24 The Penn State Journal of Law & International Affairs is a joint publication of Penn State’s School of Law and School of International Affairs. Penn State Journal of Law & International Affairs 2019 VOLUME 7 NO. 1 BRIDGING THE GAP BETWEEN DACA AND THE DREAM: THE BRIDGE ACT, WHAT IT MEANS, AND WHY IT MATTERS Ellen E. Findley* TABLE OF CONTENTS I. INTRODUCTION ................................................................................... 305 II. WHAT IS THE BRIDGE ACT? .......................................................... 307 A. A Brief History of the DREAM Act ................................... 308 B. The Rise and Fall of DACA ................................................. 311 C. A Possible Revival of DACA ............................................... 317 III. BENEFITS OF THE BRIDGE ACT .................................................. 320 A. Efficiency Concerns ............................................................. -
Trumpfronterizo the Influence of Trumpism on Socio-Economic Cross-Border Flows in the San Diego – Tijuana Bi-National Metropolitan Area
Trumpfronterizo The influence of Trumpism on socio-economic cross-border flows in the San Diego – Tijuana bi-national metropolitan area Nadim van Minnen Radboud University Nijmegen | s4801431 1 Trumpfronterizo The influence of Trumpism on socio-economic cross-border flows in the San Diego – Tijuana bi-national metropolitan area Front page background sources: Autodesk, 2018. Own figure, 2017. Wikimedia Commons, 2017. Master thesis Nadim van Minnen Radboud University Nijmegen | Nijmegen School of Management Department of Geography, Planning and Environment MSc. Programme Human Geography: Globalisation, Migration and Development Thesis supervisor: Dr. Lothar Smith Nadim van Minnen [s4801431] [email protected] 10 July 2018 Radboud University Nijmegen 2 PREFACE This thesis was written as an integral part of the Master program of Human Geography and the track Globalisation, Migration and Development at Radboud University Nijmegen. This master thesis is the final assignment that needed to be completed in order finish this study, and therefore to receive my degree as a Master of Science. As can be seen in the methodology chapter and the conclusion, as well as annex 4, there were some small problems while doing this research, mostly due to the bi-national nature of this research. However, everything turned out alright in the end as I gathered plenty of information in order to make valid and informed statements regarding the issues at play in this thesis. A major thank you therefore goes out to my informants and expert interviewees for sacrificing their valuable time, their expertise and their willingness to participate. Without them and the useful information they provided me, I would not have gotten what I wanted out of this research. -
Driver's Licenses, State ID, and Michigan Immigrants
Driver’s Licenses, State ID, and Michigan Immigrants DRAFT Introduction Since 2008, Michigan has required applicants for driver’s licenses and state identification to provide proof of U.S. citizenship or immigration status. This change was part of a series of post-9/11 changes, and has had significant consequences for all Michiganders who use the roads. Ten states, plus the District of Columbia, have already changed their laws to permit some form of legal driving without proof of immigration status.1 States have chosen to restore access to driver’s licenses irrespective of immigration status to address significant economic and public safety-related challenges posed by greatly-increased numbers of unlicensed drivers, including reductions the agricultural workforce, exclusion from the insurance market, This report highlights the economic and safety benefits to all Michigan residents of expanding access to driver’s licenses for all otherwise-eligible Michigan drivers. Section One describes the legal background, the federal REAL ID Act and states’ relationship to it; Section Two explores potential benefits to the State of Michigan by allowing more individuals to be eligible for state driver’s licenses and identification cards; and Section Three states specific recommended changes to Michigan law. Section 1: Background A. Background of Michigan Driver’s Licenses & REAL ID Act Compliance Prior to 2008, Michigan law contained no requirement that an applicant for a driver’s license or state ID card needed a specific immigration or citizenship status in order to be eligible. Applicants did have to submit documents that were sufficient to prove identity and establish state residency. -
How Do I Renew Or Replace My Permanent Resident Card?
I am a permanent resident B2 How do I renew or replace my permanent resident card? A Permanent Resident Card (USCIS Form I-551) What application do I file to replace or renew my is proof of your permanent resident status in the United States. It Permanent Resident Card? also serves as a valid identification document and proof that you To apply to renew or replace your card, use Form I-90, Application are eligible to live and work in the United States. Although some to Replace Permanent Resident Card. Filing instructions and forms Permanent Resident Cards, commonly known as Green Cards, are available on our Web site at www.uscis.gov. contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. How do I file the I-90 to renew or relace my Permanent It is important to keep your card up-to-date. Without a valid card, it Resident Card? may be difficult for you to prove that you are a permanent resident, Please refer to our Web site under Immigration Forms, I-90, for and this could also affect your ability to travel or to prove your specific filing instructions, and then complete the form. You can also eligibility to work in the United States. e-file your I-90 on our Web site at www.uscis.gov. When do I need to renew my Permanent Resident Card? How do I remove conditions on my 2-year conditional You should renew your Permanent Resident Card if you were issued Permanent Resident Card? a card valid for 10 years that has either expired or will expire within Do not use Form I-90 if you are a conditional resident and your the next 6 months. -
The Dream Act: Good for Our Economy, Good for Our Security, Good for Our Nation
THE DREAM ACT: GOOD FOR OUR ECONOMY, GOOD FOR OUR SECURITY, GOOD FOR OUR NATION The DREAM Act is common-sense legislation drafted by both Republicans and Democrats that would give students who grew up in the United States a chance to contribute to our country’s well-being by serving in the U.S. armed forces or pursuing a higher education. It’s good for our economy, our security, and our nation. That’s why the DREAM Act has long enjoyed bipartisan support. It’s limited, targeted legislation that will allow only the best and brightest young people to earn their legal status after a rigorous and lengthy process, and applies to those brought to the United States as minors through no fault of their own by their parents, and who know no other home. Our country will reap enormous benefits when the DREAM Act is finally enacted: The DREAM Act will contribute to our military’s recruitment efforts and readiness. Secretary of Defense Gates has written to DREAM Act sponsors citing the rich precedent of non-citizens serving in the U.S. military and stating that “the DREAM Act represents an opportunity to expand [the recruiting] pool, to the advantage of military recruiting and readiness.” The DREAM Act is also a part of the Department of Defense's 2010-2012 Strategic Plan to assist the military in its recruiting efforts. The DREAM Act will make our country more competitive in the global economy. Secretary of Education Arne Duncan has stated that passing the DREAM Act will allow “these young people to live up to their fullest potential and contribute to the economic growth of our country.” In particular, the DREAM Act will play an important part in the nation’s efforts to have the highest proportion of college graduates in the world by 2020,” something vital for America to remain competitive in today’s global economy. -
The Biden Administration IMMIGRATION PRIORITIES
The Biden Administration IMMIGRATION PRIORITIES TRUMP ADMINISTRATION BIDEN ADMINISTRATION Twilight Executive Action First 100 Days 300 Days 500 Days Green Card Interviews. Re-prioritize green card interviews Public Charge. Revise document requirements for establishing New Rules. Issue new final DOL wage rule; issue new final New Rules. Suspend implementation of new final rules to focus on fraud data, removing interview requirements for financial capacity. DHS Strengthening H-1B rule (not published); and issue final pending review by Biden administration and withdraw employment-based applications and focusing on marriage- rule on H-1B lottery selection based on wage levels. DHS Strengthening H-1B rule. On January 20, the Biden based applications. Administration placed a temporary, 60-day regulatory On February 4, the Biden Administration announced that the freeze on certain rulemaking, including these new rules. effective date of the H-1B Wage Selection Final Rule will be delayed until December 31, 2021. Travel and Visa Bans. Rescind Proclamation 10052 STEM PhD H Cap Exemption. Exempt recent graduates of Annual EB Quotas. Work with Congress to increase the number Travel and Visa Bans. Extend COVID-related travel suspension of entry for certain H-1B, L-1, J-1, and H-2B PhD programs in STEM fields in the United States from annual of annual employment-based, immigrant visas beyond 140,000 restrictions and nonimmigrant (H-1B, L-1, J-1 and H-2B) visa non-immigrants and Proclamation 10014 suspension of H-1B caps. and create a process for varying the number based on and green card bans. new immigrant visas. contemporary economic circumstances. -
A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience Karen J
Marquette Law Review Volume 100 Article 8 Issue 2 Winter 2016 A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience Karen J. Pita Loor Boston University School of Law Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Immigration Law Commons Repository Citation Karen J. Pita Loor, A Study on Immigrant Activism, Secure Communities, and Rawlsian Civil Disobedience, 100 Marq. L. Rev. 565 (2016). Available at: http://scholarship.law.marquette.edu/mulr/vol100/iss2/8 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized editor of Marquette Law Scholarly Commons. For more information, please contact [email protected]. 38800-mqt_100-2 Sheet No. 140 Side A 02/22/2017 09:25:38 LOOR-P.DOCX (DO NOT DELETE) 2/16/17 12:32 PM A STUDY ON IMMIGRANT ACTIVISM, SECURE COMMUNITIES, AND RAWLSIAN CIVIL DISOBEDIENCE KAREN J. PITA LOOR ABSTRACT This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls’ theory of civil disobedience and posits that this immigrant resistance contributed to that administration’s dismantling the federal program by progressively moving localities, and eventually whole states, to cease cooperation with SCOMM. The controversial SCOMM program is one of the most powerful tools of immigration enforcement in the new millennium because it transforms any contact with state and local law enforcement into a potential immigration investigation. -
La Gran Marcha: Anti-Racism and Immigrants Rights in Southern California
La Gran Marcha: Anti-Racism and Immigrants Rights in Southern California Jenna M. Loyd1 Department of Geography, Syracuse University 144 Eggers Hall, Syracuse, NY 13244-1020 USA Email: [email protected] Andrew Burridge Department of Geography, University of Southern California, 416 Kaprielian Hall, Los Angeles, CA 90089-0255 USA Email: [email protected] Abstract Millions of people across the United States took to the streets in spring 2006 to protest repressive immigration legislation, demand just immigration reform, and seek justice in daily life. This article has two aims. First, we seek to intervene in the popular immigration debate, which denies racism and claims to be concerned only with law-and-order. Second, we analyze (im)migration politics in relation to national racial formations. That is, racialized immigration policies do not exist apart from a racially stratified citizenry. We rely on the concept of social death to trace state policies of immigration and criminalization as key sites of interracial and transnational struggles against racism and for justice and liberation. Thus, we seek to elucidate possibilities for anti-racist alliances and social change. We conclude with a discussion of the ways in which we see the immigrants rights movement connecting with other struggles for social justice, and the implications that 1 © Jenna M. Loyd and Andrew Burridge, 2007 La Gran Marcha: Anti-Racism and Immigrants Rights in Southern California 2 concepts of national racial formation and social death have for the movement against global apartheid. KEY WORDS: immigrants rights, racism, national racial formation, social death, criminalization, militarization, United States “Immigration politics also surfaced in California’s gubernatorial race … with Gov. -
E-Verify Overview for Existing Users
E-Verify Overview for Existing Users www.dhs.gov/E-Verify Agenda . Form I-9 and E-Verify . Closing a Case . Handling a Tentative Nonconfirmation (TNC) . Compliance Monitoring . Additional Information E-Verify for Existing Users November 2015 2 Form I-9 and E-Verify When to Complete Form I-9 and Create a Case To comply with the Complete Form I-9 Create a Case in law E-Verify The earliest you may: The employee has The employee has accepted an offer of accepted an employment employment offer and Form I-9 is complete The latest you may: The third business The third business day after the day after the employee started employee started work for pay work for pay and Form I-9 is complete E-Verify for Existing Users November 2015 3 I-9 Process with E-Verify I-9 Process I-9 Process with E-Verify Employee completes -Employee must include SSN when completing Form I-9, Section 1. Form I-9, Section 1. -If the employee has not been issued his SSN, complete Form I-9 as normal and attach a memo to Form I-9 indicating the reason for the delay in creating the case in E-Verify. -If employee provides email address, employer MUST enter it into E-Verify. Employee chooses which -Employee chooses which acceptable document(s) to present. acceptable document(s) -If a List B document is chosen, it MUST contain a photograph. to present. -If an employee chooses to provide a photo matching document, the employer must make a photo copy and retain with the Form I-9. -
CALIFORNIA DREAM ACT Frequently Asked Questions (FAQ) for Parents and Students CA Dream Act Background and Eligibility
CALIFORNIA DREAM ACT Frequently Asked Questions (FAQ) for parents and students CA Dream Act Background and Eligibility Q. What is the California Dream Act? Q. Who Can Apply for the California Dream Act? The California Dream Act allows undocumented and nonresident Students who live in California and meet the eligibility requirements documented students who meet certain provisions to apply for and of Assembly Bill (AB) 540 or AB 2000, as well as students who have receive private scholarships funded through public universities, state a U Visa or TPS status, can use the California Dream Act application administered financial aid, University grants, community college fee (CADAA). waivers, and Cal Grants. Q. What is the difference between the Free Application for Federal Student Aid (FAFSA) and the California Dream Act application? The eligibility requirements based on citizenship are completely different for each of these. See below for more details: 1) You are eligible to complete the FAFSA at https://fafsa.ed.gov/ if 2) You are eligible to complete the Dream Act Application (CADAA) at you are a: www.caldreamact.org if you are a: Person who has a Social Security number who is either: Student who is not eligible to file the FAFSA and you: • A U.S. Citizen • Meet the requirements of AB 540 or AB 2000 and/or • An eligible non-citizen, per the FAFSA definition, or • Reside in California with a U-Visa or • The holder of a T-visa • Reside in California with a Temporary Protected Status (TPS) • A U.S. Citizen, eligible non-citizen or the holder of a T - Visa whose parent is undocumented Q. -
Border Security: the San Diego Fence
Order Code RS22026 Updated May 23, 2007 Border Security: The San Diego Fence Blas Nuñez-Neto Analyst in Domestic Security Domestic Social Policy Division Michael John Garcia Legislative Attorney American Law Division Summary This report outlines the issues involved with DHS’s construction of the San Diego border fence and highlights some of the major legislative and administrative developments regarding its completion; it will be updated as warranted.1 Congress first authorized the construction of a 14-mile, triple-layered fence along the U.S.-Mexico border near San Diego in the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) of 1996. By 2004, only nine miles had been completed, and construction was halted because of environmental concerns. The 109th Congress subsequently passed the REAL ID Act (P.L. 109-13, Div. B), which contained provisions to facilitate the completion of the 14-mile fence. These provisions allow the Secretary of Homeland Security to waive all legal requirements determined necessary to ensure expeditious construction of authorized barriers and roads. In September 2005, the Secretary used this authority to waive a number of mostly environmental and conservation laws. Subsequently, the Secure Fence Act of 2006 (P.L. 109-367) removed the specific IIRIRA provisions authorizing the San Diego fence and added provisions authorizing five stretches of two-layered reinforced fencing along the southwest border. While the specific authorization of the San Diego fence was deleted, the project appears permissible under a separate, more general authorization provision of IIRIRA. In the 110th Congress, S.Amdt. 1150, the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007, which has been proposed in the nature of a substitute to S.