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Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
President Obama announced in June 2014 that he would seek "to fix as much of our immigration system as I can on my own" through administrative action. It seems likely that such actions will prompt heated legal debate concerning the scope of the Executive's discretionary authority over immigration matters, including with respect to the enforcement of immigration-related sanctions and the granting of immigration benefits or privileges. On November 20, 2014, President Obama announced his Immigration Accountability Executive Action which revises some U.S. immigration policies and initiates several programs, including a revised border security policy for the Southwest border; deferred action programs for some unauthorized aliens; revised interior enforcement priorities; changes to aid the entry of skilled workers; the promotion of immigrant integration and naturalization; and several other initiatives the President indicated would improve the U.S. immigration system. This book provides an overview of the executive action on immigration, and well as discusses the issues involved.
When President Barack Obama announced his plans to shield millions of immigrants from deportation, Congress and the commentariat pilloried him for acting unilaterally. When President Donald Trump attempted to ban immigration from six predominantly Muslim counties, a different collection ofcritics attacked the action as tyrannical. Beneath this polarized political resistance lies a widely shared belief: that Congress, not the President, makes our immigration policies, dictating who can come to the United States, and who can stay, in a detailed and comprehensive legislative code.InThe President and Immigration Law, Adam Cox and Cristina Rodriguez shatter the myth that Congress controls immigration policy. Drawing on a wide range of sources-rich historical materials, unique data on immigration enforcement, and insider accounts of our nation's massive immigrationbureaucracy-they tell the story of how the President became our immigration policymaker-in-chief over the course of two centuries. From founding-era debates over the Alien and Sedition Acts to Jimmy Carter's intervention during the Mariel boatlift from Cuba, presidential crisis management has playedan important role in this story. Far more foundational, however, has been the ordinary executive obligation to enforce the law. Over time, the power born of that duty has become the central vehicle for making immigration policy in the United States.A pathbreaking account of the President's relationship to Congress, Cox and Rodriguez's analysis helps us better understand how the United States ended up running an enormous shadow immigration system-one in which nearly half of all noncitizens living in America are here in violation of the law. Italso provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
The president's executive actions on immigration and their impact on federal and state elections : joint hearing before the Subcommittee on National Security and the Subcommittee on Health Care, Benefits and Administrative Rules of the Committee on Oversight and Government Reform, House of Representatives, One Hundred Fourteenth Congress, first session, February 12, 2015.
A review of the president's executive actions on immigration : joint hearing before the Subcommittee on National Security and the Subcommittee on Health Care, Benefits and Administrative Rules of the Committee on Oversight and Government Reform, House of Representatives, One Hundred Fourteenth Congress, first session, June 17, 2015.
The lore of the immigrant who comes to the United States to take advantage of our welfare system has a long history in America's collective mythology, but it has little basis in fact. The so-called problem of immigrants on the dole was nonetheless a major concern of the 1996 welfare reform law, the impact of which is still playing out today. While legal immigrants continue to pay taxes and are eligible for the draft, welfare reform has severely limited their access to government supports in times of crisis. Edited by Michael Fix, Immigrants and Welfare rigorously assesses the welfare reform law, questions whether its immigrant provisions were ever really necessary, and examines its impact on legal immigrants' ability to integrate into American society. Immigrants and Welfare draws on fields from demography and law to developmental psychology. The first part of the volume probes the politics behind the welfare reform law, its legal underpinnings, and what it may mean for integration policy. Contributor Ron Haskins makes a case for welfare reform's ultimate success but cautions that excluding noncitizen children (future workers) from benefits today will inevitably have serious repercussions for the American economy down the road. Michael Wishnie describes the implications of the law for equal protection of immigrants under the U.S. Constitution. The second part of the book focuses on empirical research regarding immigrants' propensity to use benefits before the law passed, and immigrants' use and hardship levels afterwards. Jennifer Van Hook and Frank Bean analyze immigrants' benefit use before the law was passed in order to address the contested sociological theories that immigrants are inclined to welfare use and that it slows their assimilation. Randy Capps, Michael Fix, and Everett Henderson track trends before and after welfare reform in legal immigrants' use of the major federal benefit programs affected by the law. Leighton Ku looks specifically at trends in food stamps and Medicaid use among noncitizen children and adults and documents the declining health insurance coverage of noncitizen parents and children. Finally, Ariel Kalil and Danielle Crosby use longitudinal data from Chicago to examine the health of children in immigrant families that left welfare. Even though few states took the federal government's invitation with the 1996 welfare reform law to completely freeze legal immigrants out of the social safety net, many of the law's most far-reaching provisions remain in place and have significant implications for immigrants. Immigrants and Welfare takes a balanced look at the politics and history of immigrant access to safety-net supports and the ongoing impacts of welfare. Copublished with the Migration Policy Institute