Legalization

Strengthening the US Immigration System through Legal Orientation, Screening and Representation: Recommendations for a New Administration

This paper highlights the importance of legal orientation, screening, and representation to the US immigration system. It proposes that a new administration facilitate legal representation in order to establish a fairer and more efficient removal adjudication system and to place more immigrants on a path to permanent residence and citizenship. As is well-documented, legal assistance can:

Improve the ability of immigrants to identify and articulate their claims in removal proceedings and produce better-informed case outcomes.
Increase the efficiency and contribute to the integrity of the removal adjudication system.
Lead to better-prepared applications for immigration benefits, and thus a more just and efficient legal immigration system.
Place more non-citizens on a path to permanent residence and naturalization by identifying their potential eligibility for immigration benefits or relief, and, in some cases, their existing US citizenship.

Legal representation and expertise can also contribute to resolving some of the substantial problems that afflict the US immigration system, such as lengthy court and asylum backlogs. In addition, it can identify and help to correct legal and factual errors by immigration adjudicators, and abuses by enforcement officers and private contractors.

The paper’s first section describes federal legal orientation and assistance programs for non-citizens in removal proceedings. The second section discusses the need for large-scale legal screening and representation of US undocumented residents, Deferred Action for Childhood Arrivals (DACA) recipients, and Temporary Protected Status (TPS) beneficiaries. Its third section examines the proliferation of universal representation programs—supported by states, localities, and private funders—for non-citizens in removal proceedings before an immigration judge, and in summary removal processes administered by the US Department of Homeland Security (DHS). The paper concludes with a series of administrative measures that a new administration could take in its first year to strengthen and expand legal representation. It also outlines longer-term policy recommendations that would require legislation.

CMS Estimates on DACA Recipients by Catholic Archdiocese and Diocese

This paper provides estimates on beneficiaries of the Deferred Action for Childhood Arrivals program (DACA) by Roman Catholic archdiocese and diocese (“arch/diocese”) in order to assist Catholic institutions, legal service providers, pastoral workers and others in their work with DACA recipients. In addition, the paper summarizes past estimates by the Center for Migration Studies about DACA recipients, which highlight their ties and contributions to the United States. It also offers resources for Catholic institutions, educators, and professionals that serve this group.

Coronavirus Pandemic Exposes Injustice of US Immigration System

The coronavirus pandemic has challenged many commonly-held perceptions about the United States. We have learned we are not invincible, for one, and are not always the best prepared in responding to crises. We also have an inequitable health-care system, as we lack the medical resources to care for everyone and too many in our country remain without health-care coverage. The other inconvenient truth that the pandemic has revealed is the injustice of our immigration system; we depend upon the labor of immigrants but scapegoat them as the cause of our problems.

DACA and the Supreme Court: How We Got to This Point, a Statistical Profile of Who Is Affected, and What the Future May Hold for DACA Beneficiaries

In June 2012, the Obama administration announced the establishment of the Deferred Action for Childhood Arrivals (DACA) program, which sought to provide work authorization and a temporary reprieve from deportation to eligible undocumented young immigrants who had arrived in the United States as minors. Hundreds of thousands of youth applied for the program, which required providing extensive evidence of identity, age, residence, education, and good moral character. The program allowed its recipients to pursue higher education, to access more and better job opportunities, and to deepen their social ties in the United States. This paper provides a statistical portrait of DACA recipients based on administrative data from US Citizenship and Immigration Services (USCIS) and estimates drawn from the 2017 American Community Survey (ACS) Census data. Beyond its statistical portrait, the paper provides testimonies from DACA recipients who recount how the program improved their lives and their concerns over its possible termination. It also recommends passage of legislation that would create a path to citizenship for DACA recipients and programs and policies to support and empower young immigrants.

Putting Americans First: A Statistical Case for Encouraging Rather than Impeding and Devaluing US Citizenship

This paper examines the ability of immigrants to integrate and to become full Americans. Naturalization has long been recognized as a fundamental step in that process and one that contributes to the nation’s strength, cohesion, and well-being. To illustrate the continued salience of citizenship, the paper compares selected characteristics of native-born citizens, naturalized citizens, legal noncitizens (most of them lawful permanent residents [LPRs]), and undocumented residents. It finds that the integration, success, and contributions of immigrants increase as they advance toward naturalization, and that naturalized citizens match or exceed the native-born by metrics such as a college education, self-employment, average personal income, and homeownership. The paper also explores a contradiction: that the administration’s “America first” ideology obscures a set of policies that impede the naturalization process, devalue US citizenship, and prioritize denaturalization. The paper documents many of the ways that the Trump administration has sought to revoke legal status, block access to permanent residence and naturalization, and deny the rights, entitlements, and benefits of citizenship to certain groups, particularly US citizen children with undocumented parents. It also offers estimates and profiles of the persons affected by these measures, and it rebuts myths that have buttressed the administration’s policies.

DACA and the Supreme Court

On June 15, 2012, President Obama announced the establishment of the Deferred Action for Childhood Arrivals (DACA) program. The program opened a floodgate that allowed thousands of young Americans to pursue higher education, better job opportunities, and deepen their social ties in the country. DACA soon proved to be a program of national scope and importance with life-altering impact for its beneficiaries, their families and communities. This paper provides provides a demographic and social portrait of DACA recipients, which shows their deep level of integration and their extensive ties in US communities. For the report, CMS also interviewed several DACA recipients in the New York metro area on DACA’s impact in their lives and what its termination would entail.

From White Australia to Woomera: The Story of Australian Immigration

Gary P. Freeman of the University of Texas at Austin reviews From White Australia to Woomera: The Story of Australian Immigration by James Jupp. James Jupp provides a sober, historically informed yet critical account of immigration policy in Australia. Jupp,...

Border Spirituality: ‘Tu eres mi otro yo’

The 2019 Father Lydio F. Tomasi, c.s. Annual Lecture on International Migration was delivered by Msgr. Arturo J. Bañuelas, Pastor of St. Mark’s Parish in El Paso, TX on March 12, 2019 at the sixth national gathering of the Catholic Immigrant Integration Initiative in Santa Clara, California.

2018 Whole-of-Community Conference | Session V: Refugees, Dreamers, Unaccompanied Minors, and TPS Beneficiaries

In July 2018, scholars, researchers, community organizers, service providers, local officials, leaders of faith communities, immigrant advocates, and others gathered together for a three-day event on how diverse groups in Ohio, Kentucky, and Indiana are working together to meet the...