Legalization

The Case for a National Legalization Program without Legislation or Executive Action

This paper presents the results of a study that finds that as many as two million unauthorized immigrants in the United States could have a path to permanent legal status. However, these immigrants may not know that they are eligible for legal status or be able to afford the costs. The two million figure is drawn from an analysis of data on 4,070 screened unauthorized immigrants from 12 states. The study highlights the profound impact that a national project to screen for legal status would have on the US unauthorized population, mixed-status families, and US communities, including growth in home ownership and increased tax revenues. The paper recommends the following: (1) a massive, nationwide legal screening and legalization effort; (2) a substantial increase in high-quality, low-cost legal service providers; (3) increased legal training focused on immigration law and eligibility screening; and (4) extensive community outreach and education, especially among under-resourced populations.

The President’s Immigration Reform Plan Takes a Well-Deserved Tumble

The Trump administration repeatedly insisted during the Senate’s immigration debate that it would reject any plan that did not incorporate all of its pillars for reform. The Department of Homeland Security (DHS) inserted itself into the debate with a press...

Immigration Governance for the Twenty-First Century

The system of US immigration governance is administered by several agencies and departments across the federal government, with no clear chain of command or single department that captures the reach of the Immigration and Nationality Act. This paper studies the administration of immigration law and policy while looking towards immigration governance for the future. It opens with a historical overview that provides the backdrop for the current fragmented system of immigration governance. It then breaks down the missions and functions of the Immigration and Nationality Act by the lead agencies tasked with these responsibilities. The paper concludes with an analysis of options for improving the current system, such as: reorganizing and expanding governance by creating an Interagency Council on Immigration interagency; consolidating governance by creating an independent immigration agency; or tweaking the current system through critical reforms.

Immigration Reform, the Administration’s Plan, and What the Political Moment Will Bear

In his first State of the Union address, President Trump set forth his framework for a “fair compromise” on immigration. Yet the president’s plan is neither fair, nor a compromise. Instead, it would fundamentally alter the US immigration system – and...

DREAM Act-Eligible Poised to Build on the Investments Made in Them

This paper outlines the results of a study on young immigrants, known as the Dreamers, who would be eligible for conditional permanent status under the DREAM Act of 2017. The study paints a portrait of a highly productive, integrated group of young Americans, who are deeply committed to the United States and poised to make — with status and time — even more substantial contributions to the communities that have invested in them. These investments include $150 billion that states and localities have to date spent on the education of Dreamers. The paper highlights potential DREAM Act recipients’ large numbers, prevalence throughout the country, high levels of employment and self-employment, long residence, US families, English language proficiency, and education levels. It argues that with time and, particularly, with a path to citizenship, the Dreamers would be able to contribute significantly more to their communities. Finally, the study finds that a large number of Temporary Protected Status (TPS) recipients, who will soon lose this status, would qualify for relief under the DREAM Act.

Global Compact on Migration: Issues at Play

One of the most significant outcomes of the New York Declaration on Large Movements of Refugees and Migrants, a non-binding international agreement adopted by the United Nations General Assembly in September, 2016, was the launching of a two-year process to...

Congress Should Delink Passage of the DREAM Act from Additional Enforcement Spending

Donald Kerwin, CMS’s executive director, discusses why Congress should delink passage of the DREAM Act from enforcement spending, and pass a “clean” DREAM Act in 2018.

The Future of the DACA Program and the Interests at Stake

Ten state attorneys general have announced that they intend to sue the federal government to end the Deferred Action for Childhood Arrivals (DACA) program if the Trump administration does not rescind the program by September 5th. The DACA program, created...

CMSOnAir | Ron Nixon

CMSOnAir features an interview with Ron Nixon, a Washington correspondent for the New York Times who covers homeland security issues, including immigration, border and aviation security; cyber security and cyber crime, counterterrorism and violent extremism.

Mobilizing Coherent Community Responses to Changing Immigration Policies | Legalizing the Undocumented Without Congress, The Executive, or Courts

A growing body of evidence shows that a substantial percentage of the US unauthorized population may be eligible for an immigration benefit or relief, but does not know it or cannot afford to pursue it. In addition, more than eight million lawful permanent residents are potentially eligible to naturalize, which (in many cases) will expedite legal status for their family members. This panel discussed how communities can and should pursue a large-scale “legalization” program now, without Congress, the Executive or the courts as a centerpiece of their response to new immigration challenges.