Donald Trump has made no secret of his desire to attack communities that resist his hateful rhetoric about migrants. In particular, he has repeatedly stated that he will work with Congress to cut off federal funding to so-called “sanctuary cities.” Like with much else, he hasn’t bothered to tell us what he means by a sanctuary city. That term is thrown around so much that without a working definition, it is hard to make sense of which cities might come under attack by a Trump anti-sanctuary move. As I wrote in Crimmigration Law, though “sanctuary policies” take a variety of forms, “they all [...]
20 years ago this week…
On September 30, 1996, crimmigration law became firmly embedded in the modern United States. That day, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) took effect. Adopted by a Republican Congress and signed by President Bill Clinton, IIRIRA stands as an example of bipartisan willingness to ratchet up the severity of violating immigration law. With Friday’s twentieth anniversary on my mind, I thought it worthwhile to revisit IIRIRA’s specific provisions and contextualize it within a larger string of strong-armed legislation that launched the crimmigration era. First [...]
Fear-mongering and immigration policymaking
By Emily Torstveit Ngara In announcing his run for President of the United States, Donald Trump brought anti-immigrant rhetoric back into the national spotlight by proclaiming that “[w]hen Mexico sends its people, they’re not sending their best...They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.” Trump’s vitriol is nothing new. Throughout the history of U.S. immigration, the same themes recur in cycles. One prominent theme is “immigrants are immoral, dangerous criminals.” This rhetoric does more than promote a hostile environment [...]
BIA: Leveling the playing field for § 212(c) relief
By Tamikka Pate After much belaboring over who is entitled to relief from removal under long-repealed section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c) (repealed by Illegal Immigration and Immigrant Responsibility Act of 1996, H.R. 3610, 104th Cong. § 304(b) (1996)), the BIA has finally reached a decision. In Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), the BIA adopted an approach that places inadmissible and deportable LPRs on a truly level playing field, while disregarding mechanical distinctions that arise from statutory structure and bear no relation to [...]
Symposium: A categorical tilt toward underinclusive interpretation of INA may leave room for an immigration judge to exercise discretion
By Cathy J. Potter, The Law Offices of Cathy J. Potter, PLLC As a practicing immigration attorney, potential interpretations of IIRAIRA that would further disadvantage aliens are always a matter of grave concern. Moncrieffe was convicted in Georgia of possession of marijuana with intent to distribute, under a state statute that does not differentiate between behavior that would be a drug trafficking offense under federal law, a felony, as well as behavior that would be the simple sharing of a small amount of marijuana, a misdemeanor under federal law. The Georgia statute, [...]
SCOTUS: LPR admission requirement doesn’t apply retroactively
In a 6-3 decision, the U.S. Supreme Court held that the admission requirement imposed on LPRs in 1996 does not apply retroactively. Vartelas v. Holder, 566 U.S. –, slip op. (2012). Justice Ginsburg wrote the majority decision for herself and Justices Roberts, Kennedy, Breyer, Sotomayor, and Kagan. Justice Scalia wrote a dissenting opinion that was joined by Thomas and Alito. This case involved an LPR who was convicted through a guilty plea in 1994 of conspiracy to make or possess counterfeit securities, 18 U.S.C. § 371. At the time, this conviction posed no exclusion or deportation [...]