Immigration

  • February 15, 2013
    Guest Post

    by Cathleen Caron, founder and executive director, Global Workers Justice Alliance. Ms. Caron is the 2010 recipient of ACS’s David Carliner Public Interest Award. The deadline to apply for this year’s Award is March 15.


    David Carliner’s ingenuity is still inspiring us -- it is quite clever really. Although he is no longer with us, the American Constitution Society’s David Carliner Public Interest Award helps to continue the good fight by giving progressive young attorneys with big ideas, the unprecedented opportunity to get the word out about what they do, why they do it, and have some fun at the same time. 

    I founded Global Workers Justice Alliance in 2005 to combat worker exploitation by promoting portable justice for transnational migrants through a cross-border network of advocates and resources.  Portable justiceis the right and ability of transnational migrants to access justice in the country of employment even after they have departed. Portable justice is an under addressed element in achieving justice for today’s global migrants. Global Workers’ core work is to train and support a Defender Network, comprised of human rights advocates in migrant sending countries to educate workers on their rights before they migrate, to work in partnership with advocates in the countries of employment on specific cases of labor exploitation, and to advocate for systemic changes. We currently operate programs in the United States, Canada, Mexico, and Central America and regularly provide advice and referral for cases around the world.

    But that description (developed over the years as we better framed the work) is certainly not how it started. It all started scrappy, as most brand new organizations do when founded by the non-famous underdogs. By 2010 we were just getting noticed by major funders.  

  • February 5, 2013

    Undocumented immigrants brought to the U.S. as kids and raised here appear to be losing hope for meaningful immigration reform. Many say, according to this piece from The Guardian that they will have a better life staying abroad rather than returning to live in the shadow of America’s broken immigration system.

    posted by ESA

  • January 29, 2013

    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.

  • November 16, 2012

    by Jeremy Leaming

    Justice Antonin Scalia, in his concurring/dissenting opinion in last term’s decision on Arizona’s anti-immigrant law, offered some unusual statements about Arizona’s need for such a ridiculously rigid immigration law, and even took a swipe at President Obama’s executive policy stopping deportations of some undocumented immigrants.   

    According to Scalia, Arizona was suffering from a deluge of undocumented immigrants. “Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy.” But he did not stop there and advanced another rightwing talking point for justifying wobbly and harmful state action on immigration. It’s all the federal government’s fault, he said. “Federal officials have been unable to remedy the problem, and indeed have recently shown they are unwilling to do so.”

    It’s this mentality – undocumented persons are flooding states from coast to coast, using up scarce state resources and because the federal government won’t act, state lawmakers will – that undergirds laws like Arizona’s SB 1070 that also promote racial profiling and undermine all citizens’ rights.

    In a just released ACS Issue Brief, Pratheepan Gulasekaram and S. Karthick Ramakrishan not only take Justice Scalia to task for failing to “provide sources for these seemingly crucial truths,” but reveal a study of 50 states and more than 2,5000 localities that show “political affiliation was the most significant factor in explaining” the enactment of laws like Arizona’s SB 1070.

  • November 2, 2012
    Guest Post

    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.