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.
When Congress returns from recess in September, lawmakers will need to pick up where they left off on approving an emergency spending bill to address unaccompanied migrant children at the border. This article previews upcoming battles in Congress and analyzes how the recent border crisis is changing the broader immigration debate in the United States.
The phenomenon of unaccompanied children arriving at the U.S.-Mexico border, typically after an arduous and often dangerous journey through Central America and Mexico, has reached a crisis proportion, with a 90 percent spike in arrivals from last year and predictions of future increases ahead.
In a decision that received little notice, the Supreme Court in mid-March declined to review federal appellate decisions that struck down controversial local immigration ordinances in Hazleton, Pennsylvania, and Farmers Branch, Texas—bringing to a close a contentious chapter in immigration litigation. This article also explores President Obama’s decision to order a review of deportation policies, Chile’s admission into the Visa Waiver Program, and more.
The small window for enactment of a major U.S. immigration overhaul during 2014 seems to have closed. A trial balloon testing House Republicans’ willingness to proceed this year was quickly floated and dropped. Amid a focus on politics and timing, less noted was the reality that for the first time, House Republican leaders have affirmed support for a policy that would move the party closer to compromise over the most vexing question holding up immigration reform: what to do with the nation’s unauthorized immigrants.
With the state of Alabama's recent legal settlement ensuring that key portions of its highly contested immigration enforcement law will never take effect, an important chapter of heightened activism by states in immigration enforcement has drawn to a near close. This article explores Alabama's decision, which traces its roots to the Supreme Court's 2012 ruling in Arizona v. United States, as well as the Infosys civil settlement with federal prosecutors over its use of foreign workers, new refugee admission numbers, extension of Temporary Protected Status for Somalis, and more.
While budget issues and the debt ceiling dominated the congressional agenda and public attention last week, thousands of activists in Washington were stepping up civil disobedience and mobilization tactics to pressure lawmakers into voting to overhaul the nation’s immigration system. This article explores this growing trend and its possible implications for immigration reform in the 113th Congress. It also provides an update on other national, state, and local developments in immigration policy.
Iowa has just become the third state to gain access to federal SAVE immigration data for the purpose of removing noncitizens from its voter lists. This practice, which signifies a major departure from the system's intended purposes, comes amid renewed focus over voting rights. This article explores the recent surge in state activism regarding the possibility of noncitizen voting and also examines the current leadership vacuum in the Department of Homeland Security, new guidance for immigration benefits for same-sex couples, and more.
On June 27, the U.S. Senate passed legislation to overhaul the U.S. immigration system on a scale not seen in decades. Despite this major breakthrough, it is clear that immigration reform faces an uphill battle in the House of Representatives, where the dynamics are much different than in the Senate. This article assesses the prospects for immigration reform in the House, explores provisions of the Senate bill, the implications for U.S. immigration policy of the Supreme Court's recent ruling on the Defense of Marriage Act, and more.
As the U.S. Senate continues its debate over a bill to overhaul the nation's immigration system, the fiscal impacts associated with enactment of such legislation have emerged as a divisive issue. Following the release of an official congressional cost estimate on Tuesday, this article examines the crucial question of how immigrants' contributions to the tax base compare to the public benefits they would receive under S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013.
State-level immigration laws have gradually softened in tone since the Supreme Court in 2012 affirmed federal primacy in immigration enforcement in a landmark Arizona case — a trend further solidified by a changed post-election political calculus on immigration reform. This article examines this unanticipated shift away from restrictive state immigration actions as well as the recent new trend in the passage of immigrant-friendly laws regarding in-state tuition and the granting of driver's licenses to unauthorized immigrants.