Nhập cư và tin tức công ty

Cải cách hành chính chậm Di Trú của Tổng thống Obama

Vào ngày 13, 2014, Tổng thống Obama kêu gọi xem xét of the Department of Homeland Security’s (DHS) thực hành thực thi. Tuy nhiên, tuần này ông công bố that he would delay this effort until summer’s end if Congress does not pass legislation in the remaining few legislative sessions before then. Hy vọng sẽ mở rộng một nhánh ô liu cho các thành viên đảng Cộng hòa restrictionist hơn nhà, Chủ tịch hy vọng sẽ cung cấp cho họ một cơ hội để mất luật cải cách di trú trong vài tuần tới.

Almost a year ago, the United States Senate passed an immigration reform bill, S.744. Nhưng, the House of Representatives has never brought a reform bill for a vote on the floor. This is due in part to a deeply divided Republican party, where a minority of anti-reform representatives is holding the issue hostage in no small part because of mid-term elections. Most of these anti-reform Republicans are from gerrymandered, mostly white districts who hope to be re-elected or to elect more Tea Party favorites whose mantra is to oppose immigration benefits and to increase enforcement.

President Obama is caught in the middle, tuy nhiên. He has failed to satisfy immigrant advocates by his inaction in reviewing and humanizing deportation policies and improving immigration benefits adjudication trends. Chưa, by merely suggesting he would review the policies, the Republicans have used their frequently used excuse to do oppose anything the President does by declaring him untrustworthy in implementing the law. Tuy nhiên, every day that goes by when Congress does not act on immigration reform, more families are being torn apart under a broken immigration system; businesses cannot hire the workers they need; and DHS will detain and deport another 1,000 people a daymany of whom could apply for legal status if reform is enacted.

Only Congress can control the categories of immigration and the numbers, the grounds for removal and the funding of the agencies involved. Tuy nhiên, the President, through his executive authority, may act to prioritize enforcement, and to amend or change regulations that are consistent with existing statute. Even a change of policy or procedure must be consistent with statute, but there is often room for interpretation, adjustment for procedures and discretion to prioritize activities within the budget given. Do đó, there are three main areas where the President could use his executive authority via the implementing agencies (ví dụ, US Department of Homeland Security and/or US Department of State): enforcement reform, affirmative relief from deportation, and immigration adjudications.

Các Mỹ Hiệp hội Luật sư Nhập cư and other immigration advocates are asking for these administrative reforms:

DHS is removing thousands of people each year who pose no threat and have strong ties to our country, including many with U.S. citizen and lawful permanent resident family members. Nhiều hơn 40 percent of those removed do not have any criminal conviction; many are deported solely for committing immigration status violations. Hơn nữa, fewer than 30 percent of removals occur in immigration court; the rest are deported without basic due process. Xem Ưu tiên đặt không đúng chỗ: Hầu hết người nhập cư Bị trục xuất bởi ICE ở 2013 Were a Threat to No One. Prosecutorial discretion should be exercised more robustly, and every case, including border zone apprehensions, should be screened for family ties and other equities. Both detainer practices and the skyrocketing use of federal immigration detention should be dramatically curtailed in favor of constitutionally sound, humane and less-costly alternatives. DHS must increase accountability and transparency, especially over enforcement and deportations in the exceedingly wide region where Customs and Border Protection operates.

Affirmative relief from deportation: DHS should use its legal authority to designate categories of people for whom it will provide temporary affirmative relief from enforcement action, as it did in 2012 with Deferred Action for Childhood Arrivals (NẾU). The use of deferred action or parole in place would be appropriate for: 1) the close family of U.S. công dân, thường trú nhân hợp pháp, and recipients of Deferred Action for Childhood Arrivals (NẾU); 2) individuals who have long resided in the United States or have other strong community ties; và 3) certain lawful permanent residents who are subject to removal.

Immigration adjudications: Thuộc Hoa Kỳ. Citizenship and Immigration Services too often adopts the most miserly interpretation, resulting in unnecessary delays or denials of valid family and business petitions. This approach has hurt business development and growth and kept apart families who are petitioning for reunification. DHS needs to restore the more balanced interpretation of the law historically applied that will help businesses, families and our economy.