Bloggings On Immigration Law And Policy
by Greg Siskind
June 26, 2010
Not surprising, but surprising that Luis would admit it. And if this is the case (and I think it is), then the question is whether we wait until 2011 or later to push again or finally decide it's time to look at other strategies like piecemeal reform (pass DREAM, AgJobs, legal immigration reform now and deal with legalization later) or look at administrative actions like TPS or parole and a moratorium on deportations for people who would otherwise meet the requirements of a proposed legalization program.
Its half time during the big game with Ghana and we're behind a goal, but I know we're going to pull it out. And the fact that we've gone this far is due in no small measure to our incredibly diverse team with players from all over the world that have become Americans. Its easier to talk about which players are NOT immigrants or the sons of immigrants. The National Immigration Forum has the run down here.
June 25, 2010
One of the options the President has had on the table - one every President has - is using an administrative option to provide temporary legal status and work authorization to those in the country illegally. Rumors have been spreading within the community of antis around the country and they've gotten a handful of hardcore anti-immigrant members of Congress to send a letter warning the President to drop the idea (if indeed it was really being considered.
How could President Obama do what the paralyzed Congress can't? Two options come to mind. He could look at a blanket policy using the same Temporary Protected Status provision in the Immigration and Nationality Act that allowed Haitians to remain in the US after the earthquake.
The INA reads as follows:
Normally, the provision is used when there's a civil war, hurricane, earthquake, etc. But the little used 244(b)(1)(C) gives the President a lot more flexibility. He could say, for example, that the countries that depend on remittances from illegally present immigrants would suffer economic disaster that would befall such countries should we deport all of the millions of people here illegally meets the test. He could use the horrendous drug war going on in Mexico as the reason. I'm sure there are a variety of other reasons that could meet the test.
TPS is an interesting possibility because it would not offer any permanent immigration rights, but would remove the threat of deportation while Congress then can focus on passing a tough border security bill and also deal with the longer term legal immigration reforms that are needed.
Deferring a decision on the long term status of illegally present immigrants via TPS also could help change the politics. The immigrants would no longer be illegally present and this might help people get past the wall blocking progress on the issue. Congress could, in fact, keep TPS in place until most of the people currently in line for green cards are processed and only then look to coming up with a permanent fix for this population.
The members of Congress who protested to the President apparently think humanitarian parole is the option being considered. They argue that this option can only be used in a case by case manner. Of course, the President can order USCIS to liberally consider parole status in a very broad variety of circumstances and this could lead to something like the old 245(i) program that existed in years past.
Here's the letter sent to the White House.
Letter to Obama on parole
I'm actually writing this blog post on an airplane with Internet access. That's a first for me and those of you who know how much I love technology can probably envision the smile on my face.
Back to the post, however. This is really remarkable. Fox News has championed the most hostile antis out there. So when New York Mayor Michael Bloomberg and Fox owner Rupert Murdoch showed up on the popular Fox and Friends yesterday to explain why we need comprehensive immigration reform, that had to make major waves at the network.
The appearance was noted in a major segment on Fox competitor MSNBC's Countdown with Keith Olbermann who had a lot of fun with the turn of events. I'm not holding my breath that the network coverage will change much, but I also didn't think we would have gotten rid of Lou Dobbs as fast as we did either.
June 23, 2010
From Public Policy Polling:
Greg Siskind is a partner in Siskind Susser's Memphis, Tennessee, office. After graduating magna cum laude from Vanderbilt University, he received his Juris Doctorate from the University of Chicago. Mr. Siskind is a member of AILA, a board member of the Hebrew Immigrant Aid Society, and a member of the ABA, where he serves on the LPM Publishing Board as Marketing Vice Chairman. He is the author of several books, including the J Visa Guidebook and The Lawyer's Guide to Marketing on the Internet. Mr. Siskind practices all areas of immigration law, specializing in immigration matters of the health care and technology industries. He can be reached by email at email@example.com.
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.