Immigration

by Jeremy Leaming

President Obama lauded bipartisan Senate work on immigration reform, but went further by calling for a clearer path to citizenship for 11 million undocumented immigrants, without tying it to rigid border security measures.

From Las Vegas, the president warned of a pitched battle as reform proposals advance, saying, “We can’t allow immigration reform to get bogged down in an endless debate. We’ve been debating this a very long time.”

The New York Times reported that the White House “is also proposing that the United States treat same-sex couples the same as other families, meaning that people would be able to use their relationship as a basis to obtain a visa.”

During his speech, Obama said, “Think about it – we define ourselves as a nation of immigrants. That’s who we are – in our bones. The promise we see in those who come here from every corner of the globe, that’s always been one of our greatest strengths. It keeps our workforce young. It keeps our country on the cutting edge. And it’s helped the greatest economic engine the world has ever known.” (Video of speech available by clickng picture.)

Longtime advocates of immigration reform like MALDEF sounded a cautiously optimistic note, and offered praise of the president’s speech.

MALDEF President and General Counsel Thomas A. Saenz said, the president “directly challenged all of us to put aside exclusionary xenophobia and to recognize our common immigrant heritage and our common mission of serving family and country."

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.), who will conduct a hearing on immigration reform following the State of the Union Address, said in a press statement that he was “particularly pleased to see that the president’s proposal includes better access to visas for victims of domestic and sexual violence, improved laws for refugees and asylum seekers, an enhanced investor visa program, and the assurance that every family, including binational gay and lesbian spouses, receives equal treatment under the law.”

Right-wing groups have long fought immigration reform and many aren’t likely to halt their efforts to scuttle reform. Rush Limbaugh, right-wing radio host, said he and Fox News must step up to destroy reform.

By Elizabeth B. Wydra, Chief Counsel, Constitutional Accountability Center (CAC). This analysis originally appeared on CAC’s Text & History Blog.

The Supreme Court was in session Nov. 1 for a rare Thursday hearing, after rescheduling the arguments that were originally to be heard this past Tuesday due to Hurricane Sandy. It was odd to be in the courthouse on a Thursday, and it was mostly empty. Which is a shame, because the arguments in Chaidez v. United States are important and were very well made by both advocates in the case (Jeffrey Fisher for Ms. Chaidez, and Deputy Solicitor General Michael Dreeben for the United States).

But the Justices, of course, were in the house, and we saw Hurricane Ginsburg make landfall (albeit in her usual elegant, well-mannered, and pointed yet respectful way). However, before getting into this morning’s argument in more detail, it is worth briefly recounting the facts of the case. Petitioner Roselva Chaidez, a citizen of Mexico, came to the United States in 1971 and became a lawful permanent resident in 1977. In 2003, Ms. Chaidez, on advice of counsel, pleaded guilty to mail fraud in connection with an insurance fraud scheme; she received $1,200 from the scheme, and in its entirety the fraud operation netted about $26,000. Ms. Chaidez was sentenced to four years of probation under the terms of her guilty plea. Unfortunately for Ms. Chaidez -- and unbeknownst to her at the time she pleaded guilty -- under federal immigration law, a fraud conviction involving a total loss in excess of $10,000 constitutes an “aggravated felony” for which a non-citizen can be deported. In 2009, after Ms. Chaidez unsuccessfully filed a petition for naturalization (and subsequently disclosed her criminal conviction in the interview, reflecting her lack of awareness of its immigration consequences), the U.S. government initiated removal proceedings based on her conviction.