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The Truth about The President’s Immigration Accountability Executive Actions

November 26, 2014 Leave a comment

Contrary to much of the media hype and the nay-sayers who cannot find a positive word to say about the President’s Executive actions, I humbly and respectfully suggest that they actually read the documents. The following is a summary of the actions.
• The President’s Immigration Accountability Executive actions will help secure the border, hold nearly 5 million undocumented immigrants accountable and ensure that everyone plays by the same rules.

• Acting within his legal authority, the President is taking an important step to fix our broken immigration system.

• These executive actions crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay their fair share of taxes as they register to temporarily stay in the US without fear of deportation.

• These are commonsense steps, but only Congress can finish the job. As the President acts, he’ll continue to work with Congress on a comprehensive, bipartisan bill—like the one passed by the Senate more than a year ago—that can replace these actions and fix the whole system.

• For the past half century, every president—Democratic or Republican—has used his legal authority to act on immigration. President Obama is now taking another common sense step.

Taking Action to Help Increase Accountability and Ensure Everyone Plays by the Rules:

Cracking Down on Illegal Immigration at the Border
• The President’s actions increase the chances that anyone attempting to cross the border illegally today will be caught and sent back. Continuing the surge of resources that effectively reduced the number of unaccompanied children crossing the border illegally this summer, the President’s action will also centralize border security command-and- control to continue to crack down on illegal immigration.

Deporting Felons, Not Families
• The President’s actions focus on the deportation of people who threaten national security and public safety. He has directed immigration enforcement to place anyone suspected of terrorism, violent criminals, gang members, and recent border crossers at the top of the deportation priority list.

Accountability – Criminal Background Checks and Taxes
• The President is also acting to hold accountable those undocumented immigrants who have lived in the US for more than five years and are parents of U.S. citizens or Lawful Permanent Residents. By registering and passing criminal and national security background checks, millions of undocumented immigrants will start paying their fair
share of taxes and temporarily stay in the US without fear of deportation for three years at a time.

Finishing the Job:

• As the Administration implements these executive actions, Congress should finish the job by passing a bill like the Senate bill, which:
o Continues to strengthen border security by adding 20,000 more Border Patrol agents;
o Cracks down on companies who hire undocumented workers;
o Creates an earned path to citizenship for undocumented immigrants who pay a fine
and taxes, pass a background check, learn English and go to the back of the line, and;
o Boosts our economy and keeps families together by cutting red tape to simplify our legal immigration process.

Toplines:
• The President’s Immigration Accountability Executive actions will help secure the border, hold nearly 5 million undocumented immigrants accountable and ensure that everyone plays by the same rules.

• Acting within his legal authority, the President is taking an important step to fix our broken immigration system.

• These executive actions crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay their fair share of taxes as they register to temporarily stay in the US without fear of deportation.

• These are commonsense steps, but only Congress can finish the job. As the President acts, he’ll continue to work with Congress on a comprehensive, bipartisan bill—like the one passed by the Senate more than a year ago—that can replace these actions and fix the whole system.

• For the past half century, every president—Democratic or Republican—has used his legal authority to act on immigration. President Obama is now taking another common sense step.
Taking Action to Help Increase Accountability and Ensure Everyone Plays by the Rules:

Cracking Down on Illegal Immigration at the Border
• The President’s actions increase the chances that anyone attempting to cross the border illegally today will be caught and sent back. Continuing the surge of resources that effectively reduced the number of unaccompanied children crossing the border illegally this summer, the President’s action will also centralize border security command-and- control to continue to crack down on illegal immigration
• Specifically, the President announced the following actions:
o Shifting resources to the border and recent border crossers. Over the summer, DHS sent hundreds of Border Patrol agents and ICE personnel to the border, and the Department of Justice (DOJ) reordered dockets in immigration courts to prioritize removal cases of recent border crossers. This continued focus will help keep our borders safe and secure.
o Streamlining the immigration court process. DOJ is announcing a package of immigration court reforms that will address the backlog of pending cases by working with DHS to more quickly adjudicate cases of individuals who meet the new DHS- wide priorities and closing cases of individuals who are low priorities. DOJ will also pursue regulations that adopt best practices for court systems in an effort to use limited court hearing time as efficiently as possible.
o Protecting victims of crime and human trafficking and workers. The Department of Labor (DOL) is expanding and strengthening immigration options for victims of crimes (U visas) and trafficking (T visas) who cooperate in government investigations. An interagency working group will also explore ways to ensure that workers can avail themselves of their labor and employment rights without fear of
retaliation.

Deporting Felons, Not Families
• The President’s actions focus on the deportation of people who threaten national security and public safety. He has directed immigration enforcement to place anyone suspected of terrorism, violent criminals, gang members, and recent border crossers at the top of the
deportation priority list.

• Specifically, the President announced the following actions:
o Focusing on the removal of national security, border security, and public safety threats. To better focus on enforcement, Secretary Johnson is issuing a new DHS- wide memorandum that makes clear that the government’s enforcement activity should be focused on national security threats, serious convicted criminals, and recent border crossers. These are the highest priorities for removal and DHS will direct all
of their enforcement resources to pursing priority individuals.
o Implementing a new Priority Enforcement Program. Effectively identifying and removing criminals in state and local jails is a critical goal but it must be done in a way that sustains the community trust. To address concerns from Governors, Mayors, law enforcement and community leaders which have undermined cooperation with DHS, Secretary Johnson is replacing the existing Secure

Communities program with a new Priority Enforcement Program (PEP) to remove those convicted of criminal offenses. DHS will continue to rely on biometric data to verify individuals who are enforcement priorities, and they will also work with DOJ’s Bureau of Prisons to identify and remove federal criminals serving time as soon as possible.

Accountability – Criminal Background Checks and Taxes
• The President is also acting to hold accountable those undocumented immigrants who have lived in the US for more than five years and are parents of U.S. citizens or Lawful Permanent Residents. By registering and passing criminal and national security
background checks, millions of undocumented immigrants will start paying their fair
share of taxes and temporarily stay in the US without fear of deportation for three years at a time.

• Specifically, the President announced the following actions:
o Requiring certain undocumented immigrants to pass a background check and pay taxes. In order to promote public safety, DHS is establishing a new deferred action program for parents of U.S. citizens or Lawful Permanent Residents who are not enforcement priorities and have been in the country for more than 5
years. Individuals will have the opportunity to request temporary relief from deportation and obtain work authorization if they come forward and register, submit biometric data, pass criminal and national security background checks, pay taxes, and show that their child was born before the date of this announcement. By providing individuals with an opportunity to come out of the shadows and work legally, we will also help crack down on companies who hired undocumented workers, which
undermines the wages of all workers, and ensure that individuals with deferred action are playing by the rules and paying taxes.
o Expanding DACA to cover additional DREAMers. Under initial DACA guidelines, young people who had been in the U.S. for at least five years, came as children, and met specific education and public safety criteria were eligible for temporary relief from deportation so long as they were under the age of 31 on June 15, 2007. DHS is expanding DACA so that individuals can apply if they entered before January 1,
2010, regardless of how old they are today. Going forward, DACA relief will also be granted for three years.

• The President’s actions will also streamline legal immigration to boost our economy and promote naturalization by:
o Providing portable work authorization for high-skilled workers awaiting green cards and their spouses.
o Enhancing immigration options for foreign entrepreneurs.
o Strengthening and extending on-the-job training for STEM graduates of U.S
universities.
o Streamlining the process for foreign workers and their employers, while protecting
American workers.
o Reducing family separation for those waiting to obtain LPR status.

o Ensuring that individuals with lawful status can travel to their countries of origin.
o Issuing a Presidential Memorandum on visa modernization.
o Creating a White House Task Force on New Americans.
o Promoting Citizenship Public Awareness.
o Ensuring U.S. Citizens Can Serve.
Finishing the Job:

• As the Administration implements these executive actions, Congress should finish the job by passing a bill like the Senate bill, which:
o Continues to strengthen border security by adding 20,000 more Border Patrol agents;
o Cracks down on companies who hire undocumented workers;
o Creates an earned path to citizenship for undocumented immigrants who pay a fine
and taxes, pass a background check, learn English and go to the back of the line, and;
o Boosts our economy and keeps families together by cutting red tape to simplify our legal immigration process.
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New SCOTUS Case

November 15, 2014 Leave a comment

Annucci v. Vincent

Pending petition

Docket No. Op. Below Argument Opinion Vote Author Term
14-360 2d Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether a convicted offender has a clearly established constitutional right – sufficient to defeat qualified immunity – to separate judicial pronouncement of mandatory post-release supervision; and (2) whether, absent a definitive ruling from this Court, a federal court of appeals’ habeas ruling could clearly establish such a right without regard to contrary rulings by state courts of coordinate jurisdiction.

SCOTUSblog Coverage

Date Proceedings and Orders
Aug 8 2014 Application (14A186) to extend the time to file a petition for a writ of certiorari from August 21, 2014 to September 25, 2014, submitted to Justice Ginsburg.
Aug 13 2014 Application (14A186) granted by Justice Ginsburg extending the time to file until September 25, 2014.
Sep 25 2014 Petition for a writ of certiorari filed. (Response due October 29, 2014)
Oct 20 2014 Order extending time to file response to petition to and including November 28, 2014, for all respondents.
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