Legislation – Page 97 – immigrationcourtside.com

“Dreamers” Worry About Fate of DACA — Under Trump Administration, What Will Happen To The Lives They Have Built In America?

http://www.csmonitor.com/USA/Politics/2017/0104/For-immigrant-Dreamers-an-uncertain-future

“There is much at stake, too, for undocumented immigrants like Brady, who have grown up, gone to school, and struggled to make sense of their futures.

“I was just a kid when I came, and I really didn’t know what immigration status really meant,” says Brady, who grew up and attended public schools in Washington Heights, which New Yorkers often call “Little DR” because of the many Dominican immigrants who live there. “I wasn’t really worrying about it until my senior year in high school when I had to start thinking about colleges.”

“But when I started to really understand what my life was going to be like, I started freaking out, I started to panic,” she continues. “Why was I going to school? What is the point of going to college if I couldn’t get a career if I was an illegal immigrant?”

She pressed on, doing what a lot of low-income New Yorkers do. She volunteered at a home for the elderly, she attended summer academic programs, she made her high school honor roll and tutored younger peers.

And after getting accepted to John Jay College of Criminal Justice, she worked long hours as a bartender, off the books, to pay her way. It was overwhelming, she says, until she got a scholarship from a local civic group. “I was over the moon, full of joy and crying and happy after getting it,” she says.

She loved her days tutoring and eventually decided to become a teacher.

“As cliché and corny as this sounds, it’s like some people just have their calling,” the graduate student now says. “It took me a while to figure it out, but it truly makes my heart happy.”

Yet she still felt that she was “living in the shadows, being a part of something, but not really,” during her 20 years coming of age in the United States. Now married to a US citizen, she says Obama’s order finally helped her become “DACA-mented,” as many Dreamers call it, and be authorized to teach math in New York City public schools.”

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The possibility of a legislative compromise to help the “Dreamers” while beefing up immigration enforcement is discussed in this article by Nolan Rappaport in The Hill:

http://thehill.com/blogs/pundits-blog/immigration/311243-gop-immigration-bill-gives-dreamers-a-break-hardliners-a-bone

It was also discussed in my blog of 12/30/16.

PWS

01/05/17

The Numbers Are In — DHS FY 2016 Enforcement Stats Confirm that Obama Administration is #1 In Removals!

http://immigrationimpact.com/2017/01/04/deportation-numbers-2016/

Joshua Breisblatt writes on Immigration Impact:

“Last week, the Department of Homeland Security (DHS) issued its Fiscal Year (FY) 2016 immigration enforcement data which, coupled with the previous years’ totals under the Obama Administration, show that the total number of removals from FY 2009 to FY 2016 totaled more than 2.7 million. Simply stated, President Obama has deported more people than any other president in U.S. history.

However, underneath those numbers belie some important lessons about the changing dynamics of who is showing up at the U.S. border and how a November 2014 enforcement priorities memo shaped the number of people deported from the interior of the nation.

. . . .

This means, more would-be-asylees are arriving at the U.S. border, rather than economic migrants as in years’ past. Yet, many are being denied asylum or put through expedited deportation processes, both unworthy of the nation’s commitment to protect those in need.

Also of note, the number of individuals picked up and deported from the interior of the country is on the decline, likely due to the 2014 enforcement priorities memo that sought to avoid deporting individuals who posed no threat and have strong economic and community ties in the U.S.”

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How much enforcement is enough? Never enough, according to some. Others disagree and think we’re going way overboard. As the Trump Administration is probably going to find out, “immigration enforcement” is more often than not a “can’t win” political proposition.

PWS

01/04/17

Is Trump’s Plan To Remove 3 Million “Criminal Aliens” Achievable?

https://www.washingtonpost.com/opinions/why-trumps-plan-to-deport-criminal-noncitizens-wont-work/2017/01/03/b68a3018-c627-11e6-85b5-76616a33048d_story.html?utm_term=.4810f9c58fbd

“No,” says Professor and Immigration Practitioner Kari Hong of Boston College Law School in this op-ed in the Washington Post:

“If Trump truly wants to focus on drug dealers, terrorists, murderers and rapists, he should call on Congress to restore immigration law’s focus on those whom prosecutors and criminal judges determined were dangerous in the first place — people who were sentenced to five years or more in prison. That’s what the law used to be, before it was changed in 1996 to cover many more crimes.

Instead of penalizing immigrants for minor crimes, immigration law needs to separate contributing immigrants from their non-contributing peers. Those who pay taxes, have children born in the United States, serve in the military, work in jobs American citizens will not take or help those around them need a path to legalization. Those who cause more harm than good should be deported. Restoring proportionality and common sense to immigration law would certainly help make America great again.”

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Go over to ImmigrationProf Blog and the Washington Post at the above link and get the whole story.

PWS

01/04/17

Surprise: Bipartisanship Works Even In Our Supposedly Hyper-Partisan Climate, According To New Study!

https://www.washingtonpost.com/news/monkey-cage/wp/2017/01/03/does-bipartisanship-even-work-in-todays-polarized-congress-yes/?hpid=hp_regional-hp-cards_rhp-card-politics%3Ahomepage%2Fcard&utm_term=.ffa80938ccbc

“Bipartisan lawmakers are indeed more effective. A typical lawmaker with above-average bipartisanship is about 11 percent more effective than a typical member with below-average bipartisanship. This means that a bipartisan lawmaker will push a larger legislative portfolio further through the lawmaking process. This is true even after accounting for other factors that also impact effectiveness, such as whether a member is in the majority party, head of a committee or subcommittee, or more senior.

But bipartisanship is particularly helpful for certain kinds of members. First, and unsurprisingly, it matters even more for minority-party members, who cannot move their bills forward without majority-party support.

Second, women in Congress tend to be more bipartisan, and that seems to help them be more effective. Surprisingly, bipartisanship helps women even when they are in the majority. Perhaps women are more likely to recognize that neither party has a monopoly on solutions for the policy problems they care about.”

This ties in nicely with some recent posts by Nolan Rappaport who argues that the time is right for bipartisan Comprehensive Immigration Reform.

PWS

01/03/17

Will 2017 Bring Comprehensive Immigration Reform? — Rappaport Links

Immigrationcourtside.com and The Hill contributor Nolan Rappaport thinks immigration reform could happen under President Trump if conservatives abandon their “enforcement only approach,” liberals agree to a more robust enforcement at the border and the interior, and the two sides agree to “meet in the middle” for the common good.

Nolan writes:

“I am optimistic about comprehensive immigration reform this year. We have a president now who has experience making deals in the business world and I expect him to be more interested in getting an agreement than in advancing his party’s political objectives or in which side is right. That is one of the things I learned doing negotiations on the Hill. It never matters who is right. If you want a deal, you have to find out how to meet the political “needs” of both sides.

I am attaching a list of the articles I have published in case you want to post any more of them. Some of them might be useful for stimulating discussions. For the Hill articles, I think I am limited to posting titles and links.”

Here are the links to some of Nolan’s other articles in The Hill:

Pre-Registration: A Proposal to Kick-Start Comprehensive Immigration Reform (Mar. 5, 2007), http://www.ilw.com/articles/2007,0314-rappaport.shtm
Implementing Immigration Reform in the Age of Belt Tightening (Feb. 15, 2009); http://www.visalaw.com/wp-content/uploads/2013/06/newsletter.pdf at p. 23
Catch 22 (July 12, 2010), http://www.ilw.com/articles/2010,0712-Rappaport.shtm
More Ways to Move Forward on Immigration (Nov. 16, 2010),
http://www.ilw.com/articles/2010,1116-rappaport.shtm
Immigration Positions of President Barack Obama and the Republican Presidential Hopefuls (Dec. 5, 2011), http://www.ilw.com/articles/2011,1205-Rappaport.shtm
Oversight Hearing on: “U.S. Immigration and Customs Enforcement: Priorities and the Rule of Law (Dec. 7, 2011), http://www.ilw.com/articles/2011,1207-Rappaport.shtm
Analysis of Hearing Before the House Subcommittee on Immigration Policy and Enforcement on, “Visa Waiver Program Oversight: Risks and Benefits of the Program (Dec. 20, 2011), http://www.ilw.com/articles/2011,1220-Rappaport.shtm
Analysis of the Texas Border Coalition’s Report, Without Strategy: America’s Border Security Blunders Facilitate and Empower Mexico’s Drug Cartels (Jan. 26, 2012), http://www.ilw.com/articles/2012,0126-Rappaport.shtm
Analysis of a Hearing Before the House Subcommittee on Immigration Policy and Enforcement on, “Regional Perspectives on Agricultural Guest Worker Programs (Feb. 28, 2012), http://www.ilw.com/articles/2012,0228-rappaport.shtm
Contentious Development of the Passenger Name Records Agreement Between the United States and The European Union (May 2, 2012), http://www.ilw.com/articles/2012,0502-rappaport.shtm
Analysis Of A Hearing Before The Senate Subcommittee on Immigration, Refugees And Border Security On, “Examining the Constitutionality And Prudence Of State And Local Governments Enforcing Immigration Law” (May 17, 2012), http://www.ilw.com//articles/2012,0517-rappaport.shtm

12. Canada’s New Refugee System (July 27, 2012), http://www.ilw.com/articles/2012,0727- Rappaport.shtm

13. Threats to Our Nation’s Borders (Dec. 3, 2012), http://discuss.ilw.com/content.php?940- Article-Threats-to-Our-Nation-s-Borders-by-Nolan-Rappaport

14. Are Terrorists Exploiting Refugee Programs? (Dec. 11, 2012),

http://discuss.ilw.com/content.php?987-Article-Are-Terrorists-Exploiting-Refugee- Programs-by-Nolan-Rappaport

Canada’s Seasonal Agricultural Worker Program is encouraging Mexican farm workers to go to Canada instead of to the United States. (Jan. 16, 2013), http://discuss.ilw.com/content.php?1164-Article-Canada-s-Season-Agricultural-Worker- Program-Is-Encouraging-Mexican-Farm-Workers-To-Go-To-Canada-Instead-Of-To- The-United-States-by-Nolan-Rappaport
What is IRCA, and What Does It Have To Do with Comprehensive Immigration Reform? (Feb. 8, 2013), https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration- law-blog/archive/2013/02/08/what-is-irca-and-what-does-it-have-to-do-with- comprehensive-immigration-reform.aspx?Redirected=true
Will House Republicans Accept the Senate Proposal for Immigration Reform? (Feb. 25, 2013), http://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law- blog/archive/2013/02/25/will-house-republicans-accept-the-senate-proposal-for- immigration-reform.aspx

18. Harvest of Shame Revisited (May 23, 2013),

http://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2013/05/2 3/nolan-rappaport-harvest-of-shame-revisited.aspx

Is DHS Enforcing Our Immigration Laws? (June 17, 2013), http://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2013/06/1 7/nolan-rappaport-is-dhs-enforcing-our-immigration-laws.aspx
What is SBInet? And what does it have to do with spending billions of dollars on border security? (July 25, 2013), http://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2013/07/2 5/what-is-sbinet-and-what-does-it-have-to-do-with-spending-billions-of-dollars-on- border-security.aspx
DACA – Lessons Learned (March 26, 2014), http://discuss.ilw.com/content.php?2971- Article-DACA-%96-Lessons-Learned-By-Nolan-Rappaport
What are other countries doing to secure their borders? (Apr. 10, 2014), http://discuss.ilw.com/content.php?3019-Article-What-are-other-countries-doing-to- secure-their-borders-By-Nolan-Rappaport
In 2012, foreign workers in the United States sent remittances to their home countries totaling more than $123,273,000,000 (Apr. 22, 2014), http://discuss.ilw.com/content.php?3056-Article-In-2012-foreign-workers-in-the-United- States-sent-remittances-to-their-home-countries-totaling-more-than-123-273-000-000- By-Nolan-Rappaport%C2%A0

24. It is time to try a different approach to comprehensive immigration reform (May 2, 2014),

http://discuss.ilw.com/content.php?3087-Article-It-is-time-to-try-a-different-approach-to- comprehensive-immigration-reform-By-Nolan-Rappaport

Meet the Challenge of Unaccompanied Alien Children at the Southwest Border: Is there a better way? (July 10, 2014), http://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2014/07/10 /nolan-rappaport-is-there-a-better-way.aspx
Immigration activists are pressing President Obama to halt deportations for as many undocumented immigrants as possible. This is a “be-careful-what-you-wish-for” situation. (August 14, 2014), http://discuss.ilw.com/content.php?3423-Article- Immigration-activists-are-pressing-President-Obama-to-halt-deportations-for-as-many- undocumented-immigrants-as-possible-This-is-a-%93be-careful-what-you-wish-for%94- situation-By-Nolan-Rappaport

27. Is the Visa Waiver Program as secure as it is supposed to be? (Sep. 10, 2014),

http://discuss.ilw.com/content.php?3494-Article-Is-the-Visa-Waiver-Program-as-secure- as-it-is-supposed-to-be-By-Nolan-Rappaport

Why is Australia being criticized for the way it treats asylum seekers and unaccompanied alien children? (March 20, 2015), http://discuss.ilw.com/content.php?4182-Article-Why- is-Australia-being-criticized-for-the-way-it-treats-asylum-seekers-and-unaccompanied- alien-children-By-Nolan-Rappaport
What happens to people who are forced to leave their homes to escape armed conflict or persecution and are not able to leave their countries to seek refuge? (May 6, 2015), http://discuss.ilw.com/content.php?4372-Article-What-happens-to-people-who-are- forced-to-leave-their-homes-to-escape-armed-conflict-or-persecution-and-are-not-able- to-leave-their-countries-to-seek-refuge-By-Nolan-Rappaport
Analysis of a hearing before the House Subcommittee on Border and Maritime Security on, “The Outer Ring of Border Security: DHS’s International Security Programs” (June 26, 2015), http://discuss.ilw.com/content.php?4611-Article-Analysis-of-a-hearing-before- the-House-Subcommittee-on-Border-and-Maritime-Security-on-The-Outer-Ring-of- Border-Security-DHSs-International-Security-Programs-By-Nolan-Rappaport

31. Analysis of Immigration Subcommittee’s Sanctuary Cities Hearing (July 28, 2015),

http://discuss.ilw.com/content.php?4767-Article-Analysis-of-Immigration- Subcommittee%92s-Sanctuary-Cities-Hearing-By-Nolan-Rappaport

32. Immigration positions of Republican presidential hopefuls, with comments (August 13, 2015), http://discuss.ilw.com/content.php?4869-Article-Immigration-positions-of- Republican-presidential-hopefuls-with-comments-By-Nolan-Rappaport

Will electing one of the democratic presidential hopefuls move us closer to the passage of a comprehensive immigration reform bill? (September 8, 2015), http://discuss.ilw.com/content.php?4995-Article-Will-electing-one-of-the-democratic- presidential-hopefuls-move-us-closer-to-the-passage-of-a-comprehensive-immigration- reform-bill-By-Nolan-Rappaport
The SBInet project produced a virtual fence only 53 miles long at a cost to the American taxpayers of one billion dollars. What can we expect from the project that replaced it, the Arizona Border Surveillance Technology Plan? (September 21, 2015), http://discuss.ilw.com/content.php?5051-Article-The-SBInet-project-produced-a-virtual- fence-only-53-miles-long-at-a-cost-to-the-American-taxpayers-of-one-billion-dollars- What-can-we-expect-from-the-project-that-replaced-it-the-Arizona-Border-Surveillance- Technology-Plan-By-Nolan-Rappaport

35. What is the United States accomplishing with its refugee program? (October 5, 2015),

http://discuss.ilw.com/content.php?5117-Article-What-is-the-United-States- accomplishing-with-its-refugee-program-By-Nolan-Rappaport

Republicans raise legitimate concerns about Syrian refugees, but the bill they have passed to address those concerns would just impose additional layers of bureaucracy on the refugee background investigation process. (November 24, 2015), http://discuss.ilw.com/content.php?5422-Article-Republicans-raise-legitimate-concerns- about-Syrian-refugees-but-the-bill-they-have-passed-to-address-those-concerns-would- just-impose-additional-layers-of-bureaucracy-on-the-refugee-background-investigation- process-By-Nolan-Rappaport
Analysis of the hearing before the Senate Subcommittee on Immigration and the National Interest, “Why is the Biometric Exit Tracking System Still Not in Place?” (January 25, 2016), http://discuss.ilw.com/content.php?5777-Article-Analysis-of-the-hearing-before- the-Senate-Subcommittee-on-Immigration-and-the-National-Interest-%93Why-is-the- Biometric-Exit-Tracking-System-Still-Not-in-Place-%94-By-Nolan-Rappaport
Analysis of hearing before the Houses Subcommittee on Immigration and Border Security on, “Another surge of illegal immigrants along the Southwestern Border: Is this the Obama Administration’s new normal?” (February 12, 2016), http://discuss.ilw.com/content.php?5888-Article-Analysis-of-hearing-before-the-Houses- Subcommittee-on-Immigration-and-Border-Security-on-%93Another-surge-of-illegal- immigrants-along-the-Southwestern-Border-Is-this-the-Obama-Administration%92s- new-normal-%94-By-Nolan-Rappaport
Has President Barack Obama sabotaged an attempt by Congress to keep terrorists from using the Visa Waiver Program to enter the United States? (February 29, 2016), http://discuss.ilw.com/content.php?5969-Article-Has-President-Barack-Obama- sabotaged-an-attempt-by-Congress-to-keep-terrorists-from-using-the-Visa-Waiver- Program-to-enter-the-United-States-By-Nolan-Rappaport

President Obama’s use of executive discretion could have unintended consequences if Donald Trump becomes our next president, (March 7, 2016), http://www.ilw.com/articles/2016,0307-Rappaport.pdf
Should deportations be restricted to deportable aliens who have criminal records? (March 17, 2016), http://www.ilw.com/articles/2016,0317-Rappaport.pdf
The Political Correctness Movement has succeeded in imposing its will on the Library of Congress. (April 1, 2016), http://www.ilw.com/articles/2016,0401-Rappaport.pdf
If he is elected to the presidency, Donald Trump will have statutory authority to suspend the entry of all Muslim aliens (April 20, 3016), http://www.ilw.com/articles/2016,0420- Rappaport.pdf
Analysis of the April 28, 2016, hearing before the House Committee on Oversight and Government Reform on, “Criminal Aliens Released by the Department of Homeland Security.” (May 20, 2016), http://discuss.ilw.com/content.php?6449-Article-Analysis-of- the-April-28-2016-hearing-before-the-House-Committee-on-Oversight-and-Government- Reform-on-%93Criminal-Aliens-Released-by-the-Department-of-Homeland-Security- By-Nolan-Rappaport
Undocumented aliens who entered the United States before 1972, and have resided here continuously since then, may be eligible for lawful status under the little-known Registry legalization program (May 31, 2016), http://www.ilw.com/articles/2016-531- Rappaport.pdf

46. What is Donald Trump really saying about immigration reform? (June 15, 2016),

http://discuss.ilw.com/content.php?6587-Article-What-is-Donald-Trump-really-saying- about-immigration-reform-By-Nolan-Rappaport

Should people who want comprehensive immigration reform vote for Hillary? (July 11, 2016), http://www.ilw.com/articles/2016,0711-Rappaport%20.pdf
Why did the United States put more than 70,000 Japanese American citizens into internment camps during World War II? (July 21, 2016), http://discuss.ilw.com/content.php?6774-Article-Why-did-the-United-States-put-more- than-70-000-Japanese-American-citizens-into-internment-camps-during-W

49. The refugee crisis is being blamed for the terrorist attacks in Europe (August 2, 2016),

Click to access 2016,0802-Rappaport.pdf

50. Is Australia abusing child asylum seekers? (August 15, 2016),

http://discuss.ilw.com/content.php?6907-Article-Is-Australia-abusing-child-asylum- seekers-By-Nolan-Rappaport

Republicans will continue to reject comprehensive immigration reform bills until these problems are resolved (August 27, 2016), http://www.huffingtonpost.com/entry/republicans-will-continue-to-reject-comprehensive- immigration_us_57c1f93ee4b0b01630df6454 and http://discuss.ilw.com/content.php?7003&postid=326089#comments_326089
Is Trump’s Ten-Point Immigration Plan a tale told by an idiot, full of sound and fury, signifying nothing? (August 31, 2016), http://www.huffingtonpost.com/entry/is-trumps- ten-point-immigration-plan-a-tale-told-by_us_57c5ba5fe4b004ff0420dcfc and http://discuss.ilw.com/content.php?6999-Is-Trump-s-Ten-Point-Immigration-Plan-a-tale- told-by-an-idiot-full-of-sound-and-fury-signifying-nothing-By-Nolan-Rappaport
Hillary’s immigration enforcement policies could have unintended consequences. (September 5, 2016), http://www.huffingtonpost.com/entry/hillarys-immigration- enforcement-policies-could-have_us_57cc6a15e4b07addc4132fcc?mvr57k1sm2g2v5cdi and http://blogs.ilw.com/entry.php?9422-Hillary-s-immigration-enforcement-policies-could- have-unintended-consequences
Hillary’s immigration policies will not lead to comprehensive immigration reform. (September 10, 2016), http://www.huffingtonpost.com/entry/57d47fbae4b0273330ac42a5?timestamp=1473566 787180 and http://blogs.ilw.com/entry.php?9435-Hillary%92s-immigration-policies-will- not-lead-to-comprehensive-immigration-reform-By
Asylum claims of unaccompanied alien children contribute to backlog crisis in our immigration courts. (September 16, 2016), http://www.huffingtonpost.com/entry/57daaf27e4b0d5920b5b25f0?timestamp=14779558 39975

56. Deportation Without Due Process? (September 20, 2016),

http://www.huffingtonpost.com/entry/deportation-without-due- process_us_57e01aebe4b053b1ccf2a109?timestamp=1474391017164 and http://blogs.ilw.com/entry.php?9452-Deportation-Without-Due-Process

57. Does anyone really know how many undocumented aliens there are? (Sep. 25, 2016),

http://www.huffingtonpost.com/entry/57e41782e4b09f67131e3e7c?timestamp=1474689 173130 and
http://blogs.ilw.com/entry.php?9462-Does-anyone-really-know-how-many- undocumented-aliens-there-are

58. Will Muslim Americans be put in internment camps if more 9/11 attacks occur? (October 1, 2016),

http://www.huffingtonpost.com/entry/57ec0d3be4b0972364deaa05?timestamp=1477955 720792

59. The door is wide open for terrorists to use the Visa Waiver Program to come to the U.S. (October 5, 2016), http://www.huffingtonpost.com/entry/57f4275fe4b0ab1116a54b52?timestamp=14756431 12224 and http://blogs.ilw.com/entry.php?9483-The-door-is-wide-open-for-terrorists-to-use-the- Visa-Waiver-Program-to-come-to-the-U-S-by-Nolan-Rappaport&bt=47219

60. What do we know about Syrian refugees? (October 12, 2016),

http://www.huffingtonpost.com/entry/57fbd438e4b0b665ad81873a?timestamp=1476313 713660 and http://blogs.ilw.com/entry.php?9493-What-do-we-know-about-Syrian-refugees-by- Nolan-Rappaport

Schumer is wrong; if Hillary Clinton is elected, immigration reform will be impossible. (October 18, 2016), http://www.huffingtonpost.com/entry/5806bc57e4b021af347763dc?timestamp=1476852 640318 and http://blogs.ilw.com/entry.php?9503-Shumer-is-wrong-if-Hillary-Clinton-is-elected- immigration-reform-will-be-impossible-by-Nolan-Rappaport
We aren’t doing enough to help Syrian refugees, but how much more can we do? (October 24, 2016), http://www.huffingtonpost.com/entry/580bf50ae4b0b1bd89fdb3c6?timestamp=14774237 45093 and http://blogs.ilw.com/entry.php?9509-We-aren%92t-doing-enough-to-help-Syrian- refugees-but-how-much-more-can-we-do-by-Nolan-Rappaport&bt=47494
Aliens entering the US as visitors and never leaving has become more of a problem than illegal entries across the Mexican border. (October 31, 2016), http://www.huffingtonpost.com/entry/5816286ae4b096e870696739?timestamp=1477954 741569 and http://blogs.ilw.com/entry.php?9523-Half-a-million-aliens-a-year-enter-as-visitors-and- never-leave-and-neither-candidate-has-a-solution-to-that-problem

64. President Elect Donald Trump will not be able to deport millions of people. (November 10, 2016),

http://www.huffingtonpost.com/entry/5824c8c5e4b0bb5f0af37f01?timestamp=14789653 34261 and http://blogs.ilw.com/entry.php?9546-President-Elect-Donald-Trump-will-not-be-able-to- deport-millions-of-people-By-Nolan-Rappaport

65. Will the filibuster save the Democrats from an onslaught of Republican legislation? (November 15, 2016), http://www.huffingtonpost.com/entry/5829f30de4b02b1f5257a6c3?timestamp=14792725 86100 and

http://blogs.ilw.com/entry.php?9554-Will-the-filibuster-save-the-Democrats-from-an- onslaught-of-Republican-legislation-By-Nolan-Rappaport

Note to President Elect Trump, “Find out why the SBInet project failed before you build your wall.” (November 20, 2016), http://www.huffingtonpost.com/entry/5831c0bae4b0d28e552150b0?timestamp=1479709 085554 and http://blogs.ilw.com/entry.php?9563-Note-to-President-Elect-Trump-%93Find-out-why- the-SBInet-project-failed-before-you-build-your-wall-%94
The key to successful immigration enforcement may be to let the Labor Department handle it. (November 23, 2016), http://www.huffingtonpost.com/entry/5835b67ce4b050dfe61878d7?timestamp=1479968 984594 and http://blogs.ilw.com/entry.php?9568-The-key-to-successful-immigration-enforcement- may-be-to-let-the-Labor-Department-handle-it
Will Trump be able to use information from DACA applications in removal proceedings? (November 28, 2016), http://www.huffingtonpost.com/entry/58390e6ee4b050dfe6187bec?timestamp=14801946 80041 and http://discuss.ilw.com/content.php?7407-Article-Will-Trump-Be-Able-To-Use- Information-From-DACA-Applications-In-Removal-Proceedings-By-Nolan-Rappaport
What immigration enforcement measures is the Senate planning to legislate in 2017? (December 3, 2016), http://www.huffingtonpost.com/entry/583e56bee4b08347769c0540?timestamp=1480997 855952 and
http://blogs.ilw.com/entry.php?9582- What%20immigration%20enforcement%20measures%20is%20the%20Senate%20planni ng%20to%20legislate%20in%202017?%20By%20Nolan%20Rappaport

70. To control immigration, Trump needs to think outside the wall (December 12, 2016),

http://thehill.com/blogs/pundits-blog/immigration/310078-to-control-immigration- trump-needs-to-think-outside-the-wall

Give DREAMers a break, hardliners a bone with GOP immigration bill (December 20, 2016), http://thehill.com/blogs/pundits-blog/immigration/311243-gop-immigration-bill- gives-dreamers-a-break-hardliners-a-bone
With Obama’s immigration legacy, Trump inherits ‘home free magnet’ (December 28, 2016), http://thehill.com/blogs/pundits-blog/immigration/311994-thanks-to-obamas- immigration-legacy-trump-inherits-our-home#bottom-story-socials

PWS

01/02/17

Wow! Senator Tom Cotton (R-ARK) Wants to Jack Up Wages And Benefits For Lower Level US Workers And Make the “Fat Cats” Pay Their Share — How? — By Cutting Immigration, Naturally

http://lawprofessors.typepad.com/immigration/2016/12/seantor-tom-cotton-r-arkansas-fix-immigration-its-what-voters-want.html

Over on ImmigrationProf Blog and the NYT, Sen. Cotton says that cutting immigration, both legal and illegal, will solve all the problems of working class Americans. Yet, I’m skeptical that the Senator’s Republican businessmen buddies will be paying $25+/hr. plus full bennies for folks to pick veggies, clean buildings, be nannies for their kids, mow lawns, pour concrete, wash dishes, wait tables, clean tables, empty bedpans, make beds, work grocery checkout lines, pick up garbage, cook short orders, cut brush, dig trenches, trim trees, prune shrubs, provide daycare for their elderly parents, etc. But, I’m even more skeptical that out of work coal miners, factory workers, administrative assistants, air conditioning fabricators, secretaries, etc. will be lining up to to relocate at their own expense to take these jobs, even at higher wages. And, even if they did, things like harvesting, pruning, caring for others, and cooking actually take skills that many out of work Americans don’t possess or don’t care to learn, no matter how dire their personal circumstances. If Sen. Cotton thinks that’s what Americans really voted for, perhaps he’s spent too much time inside the Beltway.

PWS

12/26/16

More From Nolan Rappaport in “The Hill” on How the Trump Administration and Congress Could Agree on Immigration Reform

http://thehill.com/blogs/pundits-blog/immigration/310078-to-control-immigration-trump-needs-to-think-outside-the-wall

http://thehill.com/blogs/pundits-blog/immigration/311243-gop-immigration-bill-gives-dreamers-a-break-hardliners-a-bone

I found some common themes:

The Trump Administration needs to “Think Outside the Wall.” Without some fundamental changes from Obama Administration policies and Trump rhetoric, nothing is going to change.
There must be some type of legalization for “Dreamers” and others to get Immigration Court dockets back under control.
Interior enforcement must be reinstated and employer sanctions enforced to cut off the “magnet” for undocumented immigration.
Everyone involved must work together and compromise for our immigration system to be credible.

PWS

12/29/16

Writing In “The Hill,” BIA and Congressional Staff Vet Nolan Rappaport Says Trump Must Combine Legalization With Interior Enforcement to Succeed

http://thehill.com/blogs/pundits-blog/immigration/311994-thanks-to-obamas-immigration-legacy-trump-inherits-our-home

“As of the end of Nov. 2016, the average wait time for a hearing was 678 days. President-elect Trump will have to reduce the population of undocumented immigrants to a manageable level with a very large legalization program before he will be able to address the home free magnet.

Also, so long as immigrants who want to come here illegally think that they will be safe from deportation once they have reached the interior, they will find a way to get past any wall that he builds to protect our border.”

Nolan’s thoughtful article gives a great summary of the prosecutorial discretion (“PD”) programs put into effect by the Obama Administration. Although Nolan is is OK with the concept of PD, he believes that by formalizing and publicizing the PD program, the Obama Administration has given a “home free” signal to undocumented migrants who reach the interior of our country. Nolan believes that this acts as both a magnet for undocumented immigration and a barrier to effective immigration reform legislation.

I agree with Nolan that removal of most of those with cases backlogged on the Immigration Court dockets will prove impractical. I also agree with him that the huge backlogs and lengthy waiting times for hearings have robbed the Immigration Court system of credibilty. But, with due respect, I tend to doubt that addressing “the home free magnet” is the primary answer to a workable system.

First, I think that human migration is an historic phenomenon driven primarily by forces in sending countries which we do not control. Addressing the “root causes” of these problems has proved elusive. Efforts to provide assistance through foreign governments have been largely unsuccessful because of endemic corruption and lack of the necessary infrastructure. Efforts administered by the State Department and USAID within foreign countries have shown some promise, as described in one of my earlier blogs (12/26/16). Yet, to date, they appear to be too labor intensive and too limited in the number of individuals who can be reached to have a major effect on migration patterns.

Additionally, I doubt that migration will be controlled without legislative changes and expansion of our legal immigration system to better match supply with demand. Currently, the demand for immigration by U.S. citizen and lawfully resident families, U.S. employers, and displaced or threatened individuals in foreign countries far exceeds the supply of available visas. Continued immigration is a reality and, in fact, a necessity for our nation’s prosperity. Until there is a better balance between supply and demand, individuals will, as Nolan suggests, continue to breach any walls or interdiction systems that we can construct. And, differing from Nolan, history shows that they also will evade interior enforcement efforts which, in any event, will prove to be costly, ineffective, disruptive, and unacceptable from a civil liberties standpoint.

Yes, I know this isn’t what folks, particularly those “outside the Beltway,” want to hear. But, the fact that my message might be unpopular in today’s climate doesn’t necessarily mean that I’m wrong.

Immigration is a complicated issue that will require thoughtful, creative, cooperative, and human-oriented solutions. Merely doubling down on enforcement, whether popular or not, will not give us control over human migration.

On an historical note, I greatly appreciate Nolan’s citation and link to the July 15, 1976 memorandum on prosecutorial discretion from INS General Counsel Sam Bernsen to Commissioner Chapman, which I wrote. Go to the link and check out the initials at the end. Oh, for the “good old days” of “real” carbon copies!

PWS 12/28/16

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