Memo to the U.S. Senate: America Is Ready for Immigration Reform

June 10, 2013 Leave a comment

Originally posed on HuffPostPolitics

It’s been six years since the full Senate considered an overhaul of America’s immigration system. Since then I have witnessed countless instances of what that delay has meant. I’ve seen American families torn apart by deportation and promising young scientists at America’s finest research institutions blocked by interminable visa backlogs. I’ve watched American companies stagnate because of arbitrary limits on visas for high skilled workers. My fellow immigration attorneys and I have done our best to help a multitude of men, women and children hopelessly caught in the dysfunctional web of archaic laws and regulations that make up America’s broken immigration system.

Yet, sitting in Cleveland, Ohio today, I’m more hopeful than ever that comprehensive reform will become a reality this year. The pundits tell us that the political stars have aligned. President Obama wants to make good on his promise to Latino voters and build a second term legacy. And the Republicans learned last November that a platform limited to “self-deportation” and racial profiling laws are a ticket to electoral disaster.

But my optimism is based less on confluence of political interests than it is the American people. I see an understanding for why immigration reform is necessary around Ohio and the country. Like in Youngstown, Ohio where the renewed vitality of the American auto industry is creating jobs and folks want the immigration problem fixed so that their families remain safe, and local businesses can thrive.

Other cities in Ohio offer the same feeling, like Painesville, Canton, and Freemont Ohio where immigration reform would free American families from the fear of agents invading their homes to arrest an undocumented spouse, parent, or sibling. Immigration reform could mean that the best days may lay ahead for rustbelt cities like Cleveland, Pittsburgh and Detroit where civic leaders could attract global talent if our nation develops an immigration policy that welcomes, rather than rebuffs, foreign investors, innovators, and entrepreneurs.

Over the past weeks, Republicans and Democrats on the Senate Judiciary Committee analyzed, criticized and improved the bill originally introduced by the “Gang of Eight.” That was, in large part, due to the masterful leadership of Committee Chairman Patrick Leahy (D-VT) and his commitment to an open and bipartisan process. Yet as I sat in the Judiciary Committee hearing room I couldn’t help but wonder whether the bill’s chief opponents, Senators Grassley (R-IA), Sessions (R-AL), Cornyn (R-TX) and Cruz (R-TX) would be so bitterly opposed to its core principles, including a roadmap to citizenship, if they knew the undocumented as individuals, not faceless “illegal aliens.” I don’t think these senators could help but respect strong women, like “Lenore” who toils day after day cleaning houses and washing dishes so she can give her four U.S. citizen daughters a better life. Or Manuel, a DREAMer, who was brought to the U.S. from Germany as a child, virtually abandoned, and nearly deported six months before his high school graduation. How could anyone not be impressed by the sheer grit, determination and hard work of these aspiring Americans?

The immigration legislation that is now come before the full Senate is a true compromise; it has provisions that will disappoint everyone. Immigration reform advocates will not like the expanded “triggers” which could delay legalization for years. They’ll also be disappointed by a narrower, less inclusive, path to citizenship than they’d hoped for, by cuts in family immigration, and by the exclusion of same-sex partners of U.S. citizens and lawful residents. Here in America’s heartland that means people like “Steve”, an Iraq war veteran who risked his life for the country he loves, will not be able to spend his life with the person he loves.

Yet, while it’s far from perfect, the immigration overhaul that now goes to the Senate floor is a good bill. It’s the toughest border security measure ever considered by Congress and makes much needed fixes to America’s outdated visa system — including an emphasis on visas for Science, Technology, Engineering, and Math graduates. It makes it harder for employers to game the system by requiring electronic verification of employment authorization, and it includes an arduous, but reasonable, road to citizenship for the 11 million unauthorized immigrants currently living in the shadows.

Last summer, after President Obama announced a temporary reprieve from deportation for the promising undocumented youth known as DREAMERs, I was asked to explain the process to a group in a rural Ohio town. A young girl sitting in the front row sheepishly raised her hand to ask whether the deferral meant she could apply to college. When I answered yes, I saw something I hadn’t seen on an undocumented face in years — a smile born of hope.

Things are indeed different this time around. America is ready for comprehensive immigration reform.

Filed under Business Immigration, Dream Act, Immigration Reform, Politics

Here’s What Could Happen If DREAMers Lose DACA

April 29, 2013 Leave a comment

PHOTO: graduate

 Originally posted by ABC NEWS/Univision
April 29, 2013

In August 2012, the Obama administration started a program that allowed young undocumented immigrants to legally live and work in the U.S. on a temporary basis.

So far, more than 488,000 people have applied, and 268,361 have been granted a deportation reprieve under the program, called Deferred Action for Childhood Arrivals (DACA).

One of the biggest worries of applicants, however, is what might happen if the program ended. They might find out relatively soon.

A lawsuit challening the legality of that program appears to be gaining traction.

See Also: Schumer and McCain See Huge Majority for Immigration Bill

The suit was filed by several parties, including Chris Crane, a union leader for federal immigration agents. It makes the case that the U.S. Department of Homeland Security (DHS) is breaking the law by choosing not to deport undocumented immigrants it deems a low priority. By low priority, we’re talking about undocumented young people and immigrants with a clean criminal record and an established presence in the U.S.

The agents are being represented by Kansas Secretary of State Kris Kobach, who has helped draft state-level laws targeting undocumented immigrants, like Arizona’s SB 1070.

The case is still in its early stages, so figuring out how the judge will rule means a little bit of guesswork. Educated guesswork, but still not certain.

Kobach says he’s hopeful that the court will rule in his favor. But what that means for DREAMers all depends on which parts of the case the judge upholds, if any.

As Kobach sees it, certain aspects of the case could void DACA, and potentially lead to the deportation of undocumented immigrants participating in the program.

“I would hope that the law would be followed, and the law states very clearly that most of the individuals that are covered by DACA are to be placed in removal proceedings,” he told ABC/Univision.

But David Leopold, general counsel for the American Immigration Lawyers Association, sees things much differently. He doesn’t expect the program to stop.

First of all, Leopold has doubts that the lawsuit will be victorious. An order released earlier this week favored the plaintiff. But the judge, who presides over a federal district court in Texas, is still considering whether he has jurisdiction over the matter.

Even if the challenge is successful, Leopold thinks it will only mean some extra red tape for the people in the program and DHS.

A court order issued by the judge last week focuses on a particular aspect of the immigration process — when an immigration agent determines that someone is in the country without authorization.

The focus on that one particular aspect shows that the judge considers that part of the case to have merit, but perhaps not the other parts of the case, Leopold said.

If that scenario plays out — with the judge ruling favorably on this one aspect — it won’t be hard for DHS to find another way to administer DACA, Leopold said.

The department could just decide to give someone deferred action later in the immigration process. Yes, the ruling would force agents to detain someone they believed to be in the country illegally. But later stages of the process could be altered to keep DACA alive.

People in the program would likely have to go to a court hearing, sign some papers and would then be released again, Leopold said.

The change wouldn’t take effect right away, either. The government could ask for a delay in making the change, and could file an appeal. We’re still in the early stages of the case.

The Obama administration strongly supports the program and believes DACA won’t go away as a result of the lawsuit.

Peter Boogaard, a DHS spokesperson, the agency being sued, said that the department is “fully confident” that DACA will survive the legal challenge.

“As the Supreme Court made clear just last term, DHS has the authority to exercise prosecutorial discretion at all stages of the immigration process,” he said, “and DACA is an appropriate exercise of that authority.”

All of that should be good news for DREAMers, who took the risk of exposing their immigration status to enroll in the program. But even with the possibility of a favorable outcome, the uncertainty around the case could keep people from applying, according to Leopold.

“Does it scare DACA applicants? Of course it does,” Leopold said. “And I think that’s exactly what Mr. Kobach wants to do, and his client, Mr. Crane.”

Kobach said the case is not a scare tactic, but has legitimate legal weight.

“The end goal is to require the administration to follow federal law,” he told ABC/Univision. “There’s been an attitude of lawlessness in some of the actions taken by the Napolitano DHS.”

Filed under DACA, Dream Act, Immigration Reform

Don’t Panic, #DACA Is Alive And Well, But Congress Needs To Pass #Immigration Reform Now

April 24, 2013 Leave a comment

Originally posted on Huffington Post

Yesterday afternoon a federal judge in Texas indicated he was likely to block President Obama’s Deferred Action for Childhood Arrivals (DACA) process. The order, written by Judge Reed O’Connor, came in a lawsuit challenging DACA and prosecutorial discretion filed by nativist lawyer and Kansas Secretary of State Kris Kobach on behalf of ICE Union Boss Christopher Crane. The judge found that the DACA process, which gives eligible DREAMERs a temporary reprieve from deportation, likely, violates the law.

So what does this mean for DREAMERs and others granted deferred action? In the end probably very little.

Here’s why:

First, nothing has happened yet. The judge has not issued an injunction blocking DACA. In fact, he is still considering the Department of Justice’s argument that Crane’s lawsuit is really a federal employment dispute that should be dealt with administratively. For now all the judge has done is order the lawyers to file legal briefs on the jurisdictional issue by May 6, 2013.

Second, regardless of what the judge decides, there is no question that prosecutorial discretion, the legal tradition that is the basis for DACA, is enshrined in the law. As the U.S. Supreme Court said recently inArizona v. United States – the case challenging the Arizona immigration law — “a principal feature of the removal system is the broad discretion exercised by immigration officials.”

Third, even if this judge rules in Crane’s favor — which appears likely — and even if his ruling is later sustained all the way to the U.S. Supreme Court, at most the Department of Homeland Security will have to add another unnecessary bureaucratic process — at taxpayer expense — to the DACA process and the exercise of prosecutorial discretion. As the judge wrote, “However, DHS’s ability to exercise its discretion at later stages in the removal process by, for example, cancelling the Notice to Appear or moving to dismiss the removal proceedings is not at issue in the present case, and nothing in this Order limits DHS’s discretion at later stages of the removal process.”

In other words, the question is not whether ICE can exercise discretion, but when.

Fourth, the impact will be limited to geographic location. In fact, it’s worth asking Kobach and Crane why they chose to file their lawsuit in the Northern District of Texas. Certainly, the federal court in Washington, D.C., which routinely considers many difficult administrative law questions, might have provided the best venue to handle the plaintiffs’ claims.

So rest assured, DACA is alive and well. The administration has unquestionable authority to set policy and enforcement priorities. And, however many lawsuits these anti-immigration restrictionists file, prosecutorial discretion is enshrined in law, and it’s obvious their real motive is to undermine any vaguely pro-discretion, pro-migrant policies.

This case unmasks the ugly side of the immigration debate, including the antics of restrictionist immigration attorney Kris Kobach and ICE Union Boss Chris Crane. Kobach’s claim to fame is that he authored the draconian Arizona immigration law, the guts of which were thrown out by the U.S. Supreme Court last year. Crane, the union boss, has been a vocal opponent of DACA and prosecutorial discretion in general. As I’ve said before, maybe someone should remind him that he is president of the ICE Union, not President of the United States. Both Crane and Kobach testified in opposition to immigration reform before the Senate Judiciary Committee earlier this week.

Finally, and perhaps most importantly, the lawsuit filed by Kobach and Crane underscores the need for Congress to enact immigration reform. What kind of America do they and others in the dark corner of the restrictionist fringe envision? Kobach didn’t even have the decency answer Senator Durbin directly when he asked him at the Senate Judiciary hearing whether he thought DREAMERs should be deported. How many more promising high school graduates will be denied a chance to dream and relegated to immigration limbo — not accepted in the country they have struggled against all odds to enrich — and forced to fear being handcuffed and jailed boarding a train or a plane without proper papers?

The system is badly broken and it won’t be fixed through litigation or administrative policy alone. What’s needed is congressional action.

The time to act is NOW.

Filed under DACA, Deferred Action, Dream Act, Immigration Reform, Uncategorized

BREAKING: Federal Judge Indicates He’s Likely To Block #DACA

April 24, 2013 Leave a comment

The case is Crane v. Napolitano, 3:12-cv-03247, U.S. District Court, Northern District of Texas (Dallas).

From Bloomberg BusinessWeek

A court challenge by federal immigration agents seeking to block President Barack Obama’s deferred-deportation initiative will probably succeed, a judge said.

U.S. District Judge Reed O’Connor in Dallas today put off his own decision on whether to grant the request for a preliminary injunction by 10 U.S. Immigration and Customs agents. He asked both sides to file additional arguments no later than May 6.

Announced by Obama and Homeland Security Secretary Janet Napolitano last year, the directive gives agents the ability to defer action on people unlawfully in the U.S. if they came to the country under the age of 16, are in school or have obtained a high school diploma, haven’t been convicted of a felony, significant misdemeanor or multiple misdemeanors, and aren’t a threat to public safety or national security.

“The court finds that DHS does not have discretion to refuse to initiate removal proceedings” when the requirements for deportation under a federal statute are met, O’Connor said today in a 38-page decision, referring to the Department of Homeland Security.

Still, the judge said he can’t decide the case based on the arguments he’s heard so far.

“Accordingly, the court hereby defers ruling on the plaintiffs’ application for preliminary injunction until the parties have submitted additional briefing,” O’Connor said.

Border Security

The administration’s “Deferred Action” initiative, announced in June, was created with the intent of shifting immigration agency focus toward border security and the removal of dangerous people.

“This is not amnesty, this is not immunity,” Obama said at the time. “This is not a path to citizenship, it’s not a permanent fix.” Deferral, if conferred, is valid for two years, during which the person may obtain authorization for employment, and can be renewed, according to the ICE website.

The case was filed by attorney Kris Kobach, who also serves as Kansas Secretary of State and is a national Republican Party adviser. Lead plaintiff Christopher L. Crane is president of the National Immigration and Customs Enforcement Council, a 7,600- member federal immigration agents’ union.

“Officers are applying the directive to people detained in jails, not kids in school,” Crane testified at the April 8 hearing. “It is now the story in the jails for aliens to use to avoid arrest and deportation.”

Adam Kirschner, a lawyer for the Justice Department, told O’Connor at the hearing the case was, in reality, an employment dispute and that the agents can’t demonstrate they’ve been harmed. “These agents do not like the way the agency has prioritized the use of its resources,” he said.

“The executive cannot remove 11 million people,” Kirchner said of the branch of the U.S. government led by Obama. “The executive has authority to exercise its discretion.”

The case is Crane v. Napolitano, 3:12-cv-03247, U.S. District Court, Northern District of Texas (Dallas).

To contact the reporter on this story: Andrew Harris in the Chicago federal courthouse at

aharris16@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net

Filed under DACA, Deferred Action, Dream Act, Enforcement

472,004 #DACA Applications Filed Since August 2012 and 268,361 Approved So Far

April 15, 2013 Leave a comment

Newly-released USCIS statistics on DACA cases from 8/15/12 to 3/31/13 show a total of 472,004 DACA applications accepted for processing, 456,843 biometric services appointments scheduled, and 268,361 requests approved.

See the DACA Stats

Filed under DACA, Deferred Action, Dream Act, Immigration Reform

There Is No Such Thing As An ‘Illegal Alien’

April 3, 2013 Leave a comment

Originally posted on Huffington Post

Yes, you read it correctly. There really is no such thing.

And not because the Associated Press announced a long overdue change to its Stylebook yesterday and will no longer use “illegal alien”, “illegal” or “illegals” to describe noncitizens unlawfully present in the U.S.

It’s because no human being should ever be described as “illegal.”

Period.

These insensitive terms are also legally incorrect. They erroneously imply that a noncitizen unlawfully in the U.S. is, by virtue of his or her very presence, committing a criminal offense, rather than a civil immigration violation. Is it surprising then that many Americans buy the false restrictionist line that all unlawfully present foreign nationals are criminals? In fact, there is only a discrete group of non-citizens whose very presence in the U.S. is a crime, including those who illegally reentered the country after deportation.

But the argument against the use of these words to describe people is not merely technical. Words really matter in the age of Twitter where 140 character tweets can fly around the world in nanoseconds. Reference to a human being as “illegal” overly simplifies and unfairly characterizes the complexities of the national immigration reform debate. The dysfunctional immigration law which plagues American families and business is a convoluted web of nonsensical rules and regulations that can easily trap any foreign national into an unfixable civil immigration violation.

After years and years of video loops running on the cable television networks, for many Americans the term “illegal alien” conjures up images of people illegally jumping over the Southern border. Most people would be surprised to learn that nearly half the undocumented population entered the U.S. legally. Some came as visitors, others as students, and others as temporary workers. Some fell out of status because they took ill and were forced to drop out of school, others because they fell victim to domestic violence or other crimes, and others because their sponsoring employer mistreated them. Even those foreign nationals that entered the country surreptitiously in direct violation of the immigration law are not “illegal”. Some, like victims of human trafficking, are eligible for protection, not prosecution, under our immigration law.

Over the past two decades the restrictionists — those who seek to cut off virtually all immigration and hang a “Closed for Business” sign around the neck of the Statue of Liberty — have cynically promoted terms like “illegal alien”, “illegal” and “illegals” to dehumanize noncitizens who are in the U.S. with or without lawful immigration status. The effort is designed to scare the American public and appeal to peoples’ darkest, most base instincts.

And for many years it was an effective, albeit nefarious, strategy. In 2007, the last time Congress considered immigration reform legislation, a small cadre of nativist groups virtually overloaded the telephone lines to the U.S. Capitol with bitter attacks on “amnesty for illegals”.

Thankfully, with the increasing political clout of Latino voters — as demonstrated by the last election — politicians and the media are taking a hard look at the words they use to talk about immigration. It would be unimaginable today for a presidential candidate — Republican or Democrat — to again run a national campaign using the terms “illegal alien,” “illegal” or “illegals.” These obnoxious words have been revealed for what they are — racially charged slurs which have no place in America’s national immigration conversation or in the media that reports about it.

The Associated Press did the right thing by finally dropping these ugly descriptors from its Stylebook because such words have no place in objective reporting. Hopefully, other major media outlets will follow the AP’s lead.

Follow David Leopold on Twitter: www.twitter.com/DavidLeopold

Filed under DACA, Deferred Action, Dream Act, Enforcement, Immigration Reform, Politics

Comprehensive Immigration Reform Gathers Unstoppable Momentum

April 1, 2013 Leave a comment

Originally posted on Huffington Post Politics
The question now is not whether, but when.

I’m talking about a major overhaul of America’s dysfunctional immigration system. With Friday’s agreement between the AFL-CIO and the U.S. Chamber of Commerce on the terms of a guest worker program it’s clear that immigration reform is going to be a reality this time around. The momentum is unstoppable.

The agreement, which bridged a gap that potentially threatened a broader immigration overhaul, provides for an immigrant guest worker program which includes a pathway to permanent residence. According to press reports, a new temporary immigrant “W Visa” will be created for “low skilled” workers in shortage occupations, including immigrants in hospitality, janitorial, retail, and construction jobs; you know, the folks that clean hotel rooms, wash dishes in stuffy restaurant kitchens, pick fruit in the blazing sun, and toil in the construction industry — occupations which, in fact, require a lot of focus, dedication and, yes, skill.

The agreement protects American workers by regulating guest worker wage levels and tying the number of available visas to the strength of the U.S. economy, including the unemployment rate. According to BloombergBusinessweek, the program “would start with 20,000 visas in the first year, 35,000 in the second, 55,000 in the third and 75,000 in the fourth. On year five the number would grow or shrink based on a formula that takes into account the unemployment rate, the number of job openings and other factors.”

As we’d expect with any major policy proposal there will be plenty of analysis, criticism, and second guessing over the next several days as Congress gets set to reconvene after the Easter/Passover break. But what’s crystal clear is that two traditionally adverse interest groups have hammered out an agreement which trumpets — indeed screams — that America needs comprehensive immigration reform.

The fact that business and labor could come together on a well-designed guest worker program — perhaps one of the most contentious issues in the immigration reform debate — means the energy is there, the desire is there, and the need is there for immigration reform. And if the AFL-CIO and U.S. Chamber of Commerce can find common ground when an agreement seemed all but impossible a few days ago, then Democrats and Republicans in Washington can too.

Follow me on Twitter: www.twitter.com/DavidLeopold

Filed under Business Immigration, DACA, Deferred Action, Dream Act, Immigration Reform, Politics

READ: #Ohio #BMV Announcement Granting Driver’s License Eligiblity to #DACA Grantees. #immigration

March 29, 2013 Leave a comment

Download the Ohio BMV Announcement here —> 03-29-13_DACAv2

FOR IMMEDIATE RELEASE March 29, 2013
OHIO BMV TO BEGIN ISSUING TEMPORARY DRIVER LICENSES TO
QUALIFIED DACA GRANTEES

COLUMBUS – Today the Ohio Bureau of Motor Vehicles (BMV) instructed the
state’s Deputy Registrars to begin issuing temporary driver licenses to qualified
Deferred Action for Childhood Arrivals (DACA) grantees, but only after first
confirming applicants’ immigration documents via the U.S. Citizen and Immigration
Services (USCIS) database. The extra security steps are designed to combat fraud
or the use of counterfeit documents. BMV’s decision was established after reviewing
guidance expressed by Ohio Attorney General Mike DeWine that DACA grantees are
eligible for temporary driver licenses under Ohio law.
The BMV’s instructions to Deputy Registrars will ensure consistent procedures are
followed statewide when issuing the temporary licenses. Confirmation of applicants’
immigrant documents will be made via the federal government’s immigration
database to verify their authenticity. Upon verification of applicants’ documents they
will be issued a non-renewable/temporary license valid for the time period of their
work authorization issued by USCIS, not to exceed two years.
The federal government allows DACA grantees to work in the U.S. during the twoyear length of their DACA status. Individuals are eligible for DACA status if: they
arrived in the U.S. before the age of 16; have no criminal history; are currently in
school; have graduated from high school or received a general education
development (GED) certificate; have been honorably discharged from the Coast
Guard or Armed Forces of the United States; and are under the age of 31.
Currently 37 other states also issue temporary drivers licenses to DACA grantees.
Ohio is one of the few states to take the extra step of also confirming applicants’
immigration documents through the federal government’s database.

To view a summary of the Deputy Registrar directive, click here

Filed under Dream Act, Immigration Reform, Prosecutorial Discretion, State and Local Immigration Laws, Politics, Deferred Action, DACA

#Ohio BMV has to let #DREAMERs be drivers; #immigration #DACA

March 25, 2013 Leave a comment

Originally published by the Cleveland Plain Dealer

Imagine for a moment how you would feel if you suddenly learned you were not an American citizen; that in fact you had no lawful status in the United States and faced deportation to a country you never even knew. Would you pack your bags and leave Northeast Ohio where you grew up, went to school, rooted for the Browns and Indians, and watched fireworks on the Fourth of July? Or would your identity as an American — the core of who you are culturally and personally — compel you to fight for a way to remain legally in your own country?

It sounds incredible, but for thousands of teenagers and young adults in Ohio, this nightmare is a terrible reality. Some learned about their undocumented status while still very young. Others found out when they applied for a Social Security number or to take a college entrance exam.

Referred to as DREAMERs — because they dream that one day Congress will pass a law that gives them a chance to earn citizenship — these young “undocumented Americans” are not merely abstract Washington, D.C., debating points. They are our neighbors, classmates and co-workers. Some, like Manuel Bartsch of Findlay and Bernard Pastor of Cincinnati, have landed on the front pages of Ohio newspapers when their undocumented status led to their arrest, detention, and near-deportation through no fault of their own. Countless other Ohio DREAMERs have been forced to hide their lack of immigration status, living in fear of arrest and deportation every time they leave their homes to go to school, work, or church. Many have had to put their lives on hold, unable to afford college, volunteer for the U.S. armed forces or build a career because of the lack of a simple document.

Last year President Barack Obama offered eligible DREAMERs a temporary reprieve from this limbo in the hopes that soon Congress would overhaul America’s broken immigration system completely. The administrative process, known as Deferred Action for Childhood Arrivals or DACA, gives qualified DREAMERs an opportunity to temporarily step out of the shadows and live without facing deportation. The Department of Homeland Security, which administers DACA, has clearly and unequivocally affirmed that individuals who have been granted DACA are authorized to be in the United States, receive work permits and other documents, and live as normal of a life as possible.

But the bureaucrats who run the Ohio Bureau of Motor Vehicles have different ideas. Inexplicably, they have taken it upon themselves to second-guess the federal government, questioning whether DREAMERs granted DACA are really eligible for driver’s licenses. The result is that many BMV offices across Ohio now refuse to allow DREAMERs to apply for driver’s licenses — even though U.S. immigration authorities clearly have authorized them to live and work in the United States under this program.

Maybe the BMV bureaucrats should read the DACA regulations — they’re available online at uscis.gov. They plainly state that “an individual who has received deferred action is authorized by the Department of Homeland Security (DHS) to be present in the United States, and is therefore considered by DHS to be lawfully present during the period deferred action is in effect.”

They’re allowed to be here, they have Social Security numbers, they’re paying taxes — but the BMV says they can’t drive? Or maybe the BMV should take the advice of Ohio Attorney General Mike DeWine who, in a recent letter to the Ohio Commission on Latino Affairs, wrote that “it appears that the BMV would have to accept driver’s license applications from individuals that fall under the Deferred Action for Childhood Arrivals initiative because they can provide all of the information necessary,” including proof that they are authorized to be in the United States.

The eligibility of DACA grantees to apply for driver’s licenses couldn’t be any clearer. It’s astonishing that the BMV, which has no expertise or authority in U.S. immigration law, would take it upon itself to second-guess DHS and DeWine. Maybe the officials at the BMV need a call from their boss, Gov. John Kasich. Surely he’d agree that the citizens of Ohio would be much better served if the BMV bureaucrats focused on their actual jobs — allowing people who qualify for driver’s licenses to obtain them — rather than implementing their own immigration policy that goes against common sense and the rule of the law.

Leopold, a Cleveland-based immigration attorney, is the general counsel and former national president of the American Immigration Lawyers Association.

Filed under Dream Act, Immigration Reform, Prosecutorial Discretion, State and Local Immigration Laws, Deferred Action, DACA

#Immigration News

March 5, 2013 Leave a comment

Associated Press: Bush: Romney’s stance on immigration was costly

By Ken Thomas

March 4, 2013

http://bostonherald.com/news_opinion/national/2013/03/bush_romneys_stance_on_immigration_was_costly

 

The Hill: Bush puts Rubio on the spot, rejects citizenship path for illegal immigrants

By Cameron Joseph

March 4, 2013

http://thehill.com/homenews/campaign/286145-bush-puts-rubio-on-the-spot-rejects-citizenship-path-for-illegal-immigrants#ixzz2MffFYDhc

 

Talking Points Memo: Jeb Bush’s Immigration Flip Flop Stuns Reformers

By Benjy Sarlin

March 4, 2013

http://tpmdc.talkingpointsmemo.com/2013/03/jeb-bush-immigration-flip-flop.php

 

Miami Herald: Jeb Bush: no citizenship path for undocumented immigrants

By Marc Caputo

March 4, 2013

http://www.tampabay.com/news/politics/elections/jeb-bush-no-citizenship-path-for-undocumented-immigrants/2106973

 

Tampa Bay Times: Jeb Bush flip-flop? Calls for immigration reform without path to citizenship

By Alex Leary

March 4, 2013

http://www.tampabay.com/blogs/the-buzz-florida-politics/jeb-bush-immigration-reform-but-not-path-to-citizenship/2106846

 

Yahoo News: Jeb Bush reverses course: No path to citizenship necessary in immigration reform

By Liz Goodwin

March 4, 2013

http://news.yahoo.com/blogs/ticket/jeb-bush-reverses-course-no-path-citizenship-necessary-173659057–election.html

 

Fox News Latino: Jeb Bush Says Immigration Reform Should Not Include a Path to Citizenship

By Elizabeth Llorente

March 4, 2013

http://latino.foxnews.com/latino/politics/2013/03/04/jeb-bush-says-immigration-reform-should-not-include-path-to-citizenship/

 

Daily Caller: Jeb Bush’s no-citizenship plan scrambles immigration debate

By Neil Munro

March 4, 2013

http://dailycaller.com/2013/03/05/gov-bushs-no-citizenship-plan-scrambles-immigration-debate/

 

Voxxi: Jeb Bush rejects path to citizenship, says immigrants don’t want it

By Griselda Nevarez

March 4, 2013

http://www.voxxi.com/jeb-bush-rejects-path-to-citizenship/#ixzz2MfjUXj2i

 

NATIONAL

 

New York Times: Jeb Bush Appears to Support Middle Ground on Citizenship for Illegal Immigrants

By Sarah Wheaton

March 4, 2013

http://thecaucus.blogs.nytimes.com/2013/03/04/jeb-bush-appears-to-support-middle-ground-on-citizenship-for-illegal-immigrants/

 

Huffington Post: Jeb Bush Book: Undocumented Immigrants Should Be Ineligible For Citizenship

By Elise Foley

March 4, 2013

http://www.huffingtonpost.com/2013/03/04/jeb-bush-book_n_2806602.html

 

ABC/Univision: Jeb Bush Book Rejects Path to Citizenship for Undocumented Immigrants

By Jordan Fabian

March 4, 2013

http://abcnews.go.com/ABC_Univision/Politics/jeb-bush-book-rejects-path-citizenship-undocumented-immigrants/story?id=18650677

 

Miami Herald: Jeb Bush immigration reversal? No citizenship-pathway for the undocumented. Pulling a Romney?

By Marc Caputo

March 4, 2013

http://miamiherald.typepad.com/nakedpolitics/2013/03/jeb-bush-immigration-reversal-no-citizenship-pathway-for-the-undocumented-pulling-a-romney.html#storylink=cpy

 

Politico: Jeb Bush: Path to citizenship not needed

By Kevin Robillard

March 4, 2013

http://www.politico.com/story/2013/03/jeb-bush-on-2016-i-have-a-voice-88360.html?hp=r11

 

National Journal: Jeb Bush’s Poorly Timed Flip Flop on Immigration

By Beth Reinhard

March 5, 2013

http://www.nationaljournal.com/politics/jeb-bush-s-poorly-timed-flip-flop-on-immigration-20130305?page=1

 

Los Angeles Times: Jeb Bush backs away from citizenship for illegal immigrants

By Lisa Moscaro and Michael Memoli

March 4, 2013

http://www.latimes.com/news/politics/la-na-pn-jeb-bush-20130304,0,1899369.story

 

The Hill: Rubio splits with former mentor Jeb Bush on immigration reform

By Alexander Bolton

March 4, 2013

http://thehill.com/homenews/campaign/286137-rubio-splits-with-former-mentor-jeb-bush-on-immigration-reform-#ixzz2MfgUHoGa

 

Washington Post: Jeb Bush says he could, in fact, support a path to citizenship

By Aaron Blake

March 4, 2013

http://www.washingtonpost.com/blogs/post-politics/wp/2013/03/04/jeb-bush-says-he-could-in-fact-support-a-path-to-citizenship/

 

MSNBC (Morning Joe): Jeb Bush on Path to Legalization vs. Path to Citizenship: What’s the Difference?

March 5, 2013

http://www.nbcnews.com/id/3036789/ns/msnbc-morning_joe/vp/51047934/#51047934

 

ThinkProgress: Jeb Bush Disagrees With His Own Book Hours After It’s Published

By Igor Volsky

March 5, 2013

http://thinkprogress.org/special/2013/03/05/1672941/jeb-bush-disagrees-with-his-own-book-hours-after-its-published/

 

Politico: Janet Napolitano: Immigration ‘No. 1 priority’

By Katie Glueck

March 4, 2013

http://www.politico.com/story/2013/03/janet-napolitano-sequester-hits-tsa-lines-88363.html

 

Huffington Post: Janet Napolitano: Immigrant Detainee Release Is Part Of Normal Ebb And Flow

By Elise Foley

March 4, 2013

http://www.huffingtonpost.com/2013/03/04/janet-napolitano-immigrant-detention_n_2805500.html

 

Politico: Rick Perry hammers ICE ‘jailbreak’

By Kevin Cirilli

March 5, 2013

http://www.politico.com/story/2013/03/rick-perry-hammers-ice-jailbreak-88410.html

 

Dallas Morning News: Dems suggest Cornyn fabricated border claim. “Who’s your mysterious ‘friend’?” they taunt

By Todd Gillman

March 5, 2013

http://trailblazersblog.dallasnews.com/2013/03/dems-suggest-cornyn-fabricated-border-claim-whos-your-mysterious-friend-they-taunt.html/

 

Fox News: Fox News poll: Most support strengthening borders before other immigration reforms

By Dana Blanton

March 4, 2013

http://www.foxnews.com/politics/2013/03/04/fox-news-poll-most-support-strengthening-borders-before-other-immigration/#ixzz2Mc6hsc15

 

The Hill: Verizon CEO backs ‘Gang of Eight’ efforts on immigration reform

By Jennifer Martinez

March 4, 2013

http://thehill.com/blogs/hillicon-valley/technology/286059-verizon-ceo-backs-gang-of-eight-efforts-to-craft-comprehensive-immigration-reform#ixzz2Mc7gyVSf

 

ABC/Univision: Immigration Reform Could Bring a Bigger Fence, But Miss Out on Trade

By Ted Hesson

March 4, 2013

http://abcnews.go.com/ABC_Univision/Politics/immigration-reform-bring-bigger-fence-miss-mexican-trade/story?id=18650592

 

ABC News: Immigration Activists Go Virtual With Social Media Leading the ‘March’

By Anjuli Sastry

March 4, 2013

http://abcnews.go.com/Politics/TheNote/immigration-activists-virtual-social-media-leading-march/story?id=18649121

 

The Hill: House Judiciary to focus on high-skill immigration push

By Jennifer Martinez and Brendan Sasso

March 4, 2013

http://thehill.com/blogs/hillicon-valley/technology/286119-overnight-tech-house-judiciary-to-consider-high-skill-immigration-push#ixzz2MfkmdZzX

 

Associated Press: Arizona: Ruling on Day Labor Law Is Upheld

March 4, 2013

http://www.nytimes.com/2013/03/05/us/arizona-ruling-on-day-labor-law-is-upheld.html?ref=todayspaper&_r=0

 

New York Times (Blog): Jeb Bush’s Change of Heart

By Juliet Lapidos

March 4, 2013

http://takingnote.blogs.nytimes.com/2013/03/04/jeb-bushs-change-of-heart/

 

The Daily Beast (Blog): Can Jeb Bush Save the GOP and End Its Emerging Civil War?

By John Avlon

March 5, 2013

http://www.thedailybeast.com/articles/2013/03/05/can-jeb-bush-save-the-gop-and-end-its-emerging-civil-war.html

 

New York Times (Blog): The Right to (Look for) Work

By Lawrence Downes

March 4, 2013

http://takingnote.blogs.nytimes.com/2013/03/04/the-right-to-look-for-work/

 

National Journal (Opinion): Immigrants Did Not Take Your Job

By Alex Nowrasteh

March 4, 2013

http://www.nationaljournal.com/thenextamerica/immigration/opinion-immigrants-did-not-take-your-job-20130304?mrefid=site_search

 

USA Today (Opinion): Immigration enforcement key to success

By Rep. Lamar Smith

March 4, 2013

http://www.usatoday.com/story/opinion/2013/03/04/lamar-smith-on-immigration-enforcement/1960287/

 

Fox News Latino (Opinion): New Momentum for Immigration Reform, With Conservatives Leading the Way

By Jennifer Korn

March 4, 2013

http://latino.foxnews.com/latino/opinion/2013/03/04/new-momentum-for-immigration-reform-with-conservatives-leading-way/#ixzz2MbyBfcTg

 

NBC Latino (Opinion): ICE is the agency everyone loves to hate

By Raul Reyes

March 4, 2013

http://nbclatino.com/2013/03/04/opinion-ice-is-the-agency-everyone-loves-to-hate/

 

CNN (Opinion): Locking up thousands of immigrants is wrong

By Andrea Black

March 4, 2013

http://www.cnn.com/2013/03/04/opinion/black-detention-centers/

 

LOCAL

 

Associated Press (California): Calif. GOP seeks answers for turning party around

By Juliet Williams

March 2, 2013

http://www.utsandiego.com/news/2013/mar/02/calif-gop-seeks-answers-for-turning-party-around/?print&page=all

 

KGO-TV (California): California demonstrators push for immigration reform

By Nannette Miranda

March 4, 2013

http://abclocal.go.com/kgo/story?section=news/state&id=9015654

 

Associated Press (Colorado): Immigration tuition bill up for vote in House today

By Jeff Langan

March 5, 2013

http://www.koaa.com/news/immigration-tuition-bill-up-for-vote-in-house-today/#_

 

Associated Press (North Carolina): NC plan to issue specially marked licenses to some illegal immigrants called discriminatory

March 4, 2013

http://www.washingtonpost.com/national/nc-plan-to-issue-specially-marked-licenses-to-some-illegal-immigrants-called-discriminatory/2013/03/04/6cad3a48-8531-11e2-a80b-3edc779b676f_story.html

Filed under Dream Act, Immigration Reform

← Older posts

Follow

Get every new post delivered to your Inbox.

Join 3,808 other followers

%d bloggers like this: