The decision by the 9th U.S. Circuit Court of Appeals to halt President Trump's controversial executive order on immigration and refugee resettlement has strong legal parallels to an earlier injunction, which blocked a very different Obama administration initiative on immigration two years ago in a challenge mounted by Republican governors. The two cases have brought new focus to the limits of executive authority in the immigration arena.
President Obama faced criticism over his administration's handling of immigration enforcement from both the left and the right, labeled "deporter in chief" even as he was also accused of lax enforcement. A closer examination of his administration's record paints a more nuanced picture. This article explores how immigration enforcement practices shifted to achieve two key goals over the course of the Obama era.
Donald Trump has made a series of postelection statements suggesting he may backtrack on several campaign pledges on immigration, including building a wall across the entire U.S.-Mexico border and deporting all 11 million unauthorized immigrants. Still, his choice of top advisors points to a hard-line agenda. This Policy Beat article examines what some of the better known elements of Trump's immigration policy might look like.
In the wake of a hurricane that has once again devastated Haiti, the United States quickly reversed its toughened policy toward the thousands of Haitian nationals arriving at the California-Mexico border without prior authorization. This Policy Beat examines the shifts in U.S. admission and deportation policy toward Haitian migrants since the 2010 earthquake, and other national and state developments on immigration.
With weeks to spare, the Obama administration met its goal of resettling 10,000 Syrian refugees by the end of September 2016, and announced plans to increase the overall refugee ceiling to 110,000 in fiscal 2017. However, opposition continues to mount in Congress, statehouses, and on the campaign trail, with Republicans citing security concerns in calling for lower numbers or additional screening, as this article explores.
The stark contrast between the Republican and Democratic parties on immigration was codified in their 2016 party platforms, and showcased in the rosters of convention speakers—featuring victims of unauthorized immigrant crimes on the one hand, and unauthorized immigrants living in fear on the other. This article explores the evidence, even compared to earlier platforms, of two divergent universes regarding immigration.
A split ruling by the Supreme Court in United States v. Texas has dealt a hard blow to the Obama administration's signature deferred action programs. While the decision makes it unlikely the DAPA program and DACA expansion will be implemented in their current form, the outcome at the high court may have opened a path for renewed movement on immigration policy changes in Congress, as this article explores.
While the EB-5 investor visa program from inception has had its share of critics, its sharp expansion over a short period of time—combined with the emergence of several high-profile controversies—has markedly increased scrutiny, and thus the possibility of legislative reform. This Policy Beat outlines the debate surrounding the EB-5 program and possible changes awaiting the program in Congress.
The fate of the Obama administration's Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program could hinge on narrow legal grounds, as became clear when the Supreme Court heard oral argument in the DAPA challenge. This Policy Beat examines the DAPA case and developments regarding the H-1B and EB-5 visa programs, a Department of Homeland Security crackdown on student visa fraud, and more.
The Brussels terrorist attacks have renewed national debate in the United States over whether the U.S. refugee admissions program could be a gateway for terrorists to enter the country. Meanwhile, federal courts have frustrated state efforts to block resettlement of Syrian refugees even as some members of Congress have sought to reform the refugee admissions process through new legislation, as this article explores.
The complex push and pull factors driving child and family migration from Central America to the United States have changed little since the 2014 crisis. Despite some fluctuation in arrival numbers, recent trends suggest the characteristics of an enduring phenomenon. This Policy Beat explores the latest developments in U.S. policy responses, including enforcement operations, development assistance, and family detention.
Passed with minimal controversy and public debate, the 2016 spending bill included some of the most substantial immigration policy changes enacted by Congress in the last decade. The changes touched on aspects including temporary worker visas, visa security, and the immigration courts, and could signal a new strategy for legislative change to the immigration system.
The Fifth U.S. Circuit Court of Appeals ruled to maintain an injunction on President Obama's signature deferred action programs and the timing of the administration's Supreme Court appeal will prove critical amid the 2016 election campaign. This Policy Beat also explores a federal judge's decision not to block a Texas policy refusing to issue birth certificates to the U.S.-born children of unauthorized parents. Should the policy be upheld, it could open the door for further limitations on birthright citizenship.
Signed into law 50 years ago, the Immigration and Nationality Act of 1965 had several unintended consequences that have had a profound effect on the flow of immigrants to the United States and contributed to the transformation of the U.S. demographic profile. This Policy Beat explores the law's lasting impact and lessons for policymaking today.
Facing legal setbacks and political opposition, the Obama administration may be required to overhaul its policy of detaining families in immigration custody. Recent court decisions have undermined the government's justification of the policy as a deterrent to future illegal immigration and may result in the release of more than 1,400 unauthorized immigrant women and children.
The killing of a young woman in San Francisco by an unauthorized immigrant coincided with the Obama administration's rollout of the Priority Enforcement Program, a new vehicle for improving federal-local relations on immigration enforcement. The tragedy has rekindled debate over the role of "sanctuary" cities and propelled illegal immigration to the forefront of the 2016 presidential race.
As legal challenges continue to impede President Obama's deferred action programs to protect millions of unauthorized immigrants from deportation, it is becoming increasingly clear that the window of opportunity for implementation before the 2016 election is growing ever narrower. Even as advocates continue mobilizing immigrants to apply, attention is shifting to other new policies announced by the president last November.
Mexico has lost its long-held status as the top source country of new immigrants to the United States, dropping to third place behind China and India. This historic shift is remarkable for the rapid decline in Mexican inflows combined with a steady rise in Asian immigration, largely through high-skilled visa programs. This Policy Beat explores the reasons behind these trends and their potential impact on U.S. demographics.
The H-2B visa allows U.S. employers to bring in foreign workers to temporarily fill low-skill nonagricultural jobs across a wide range of states and industries. A series of recent legal challenges has exposed the presence of fraud and abuse, while stripping the program of its regulations and raising uncertainty about its future. This Policy Beat examines the implications in the debate surrounding temporary worker programs.
Attention is now squarely focused on the U.S. federal courts where the legal battle over President Obama's executive actions on immigration continues. While congressional efforts to roll back the directives appear to have been put aside, at least temporarily, implementation of the signature deferred action programs announced in November 2014 remains blocked. The administration, however, is moving forward with other aspects of the executive order, as this article explores.
President Obama's sweeping executive action to shield as many as 3.7 million unauthorized immigrants who are parents of U.S. citizens or lawful permanent residents from deportation is facing tough legal and political challenges. This month's Policy Beat examines the efforts to proceed with implementation of DAPA and the expansion of DACA despite a lawsuit brought by a coalition of 26 states and staunch opposition in the Republican-controlled Congress.
Normalization of relations between Cuba and the United States will have a significant impact on U.S. immigration policy and future Cuban migration to the United States. This Policy Beat explores the U.S.-Cuba migration relationship, as fear of changes to the "wet-foot, dry-foot" policy has spurred hundreds of new boat arrivals in recent months.
While immigration and the Latino vote may not have been decisive in the 2014 midterm elections, the Republican takeover of the Senate come January 2015 and increased majority in the House have significant implications for the outcome of the immigration debate. This article examines the changing dynamics and the president's intent to proceed with executive action to shield some of the unauthorized immigrant population from deportation.
The outbreak of Ebola in West Africa, with three cases diagnosed in the United States, has generated tremendous public fear and anxiety in the United States and other countries. The Obama administration has restricted air travel from West Africa to five airports with enhanced screening, amid calls for a complete travel ban. The Policy Beat examines the use of U.S. immigration controls to halt the spread of disease.
As Central American child migrant flows have returned to their precrisis level, challenges remain concerning the fate of tens of thousands of newly arrived children and families now residing in the United States pending immigration court hearings. Meanwhile, Congress has declined to authorize new funding to address the situation.