immigration

Sanctuary States Map

Immigration has been thrust into the federal and state spotlight following recent events. The backlog of immigration requests, the wait for a visa, and illegal immigration are issues government officials on all sides of the debate often address. Historically, the federal government has involved state and local officials in the enforcement of immigration laws, more so when public opposition to immigration grows. In 2018, the nation is still faced with solving a perplexing issue that has no easy solution.

In a 5-4 decision in Trump v. Hawaii the Supreme Court ruled in favor of President Trump’s travel ban.

The third travel ban indefinitely prevents immigration from six countries:  Chad, Iran, Libya, North Korea, Syria, and Yemen. Hawaii and others sued President Trump claiming the ban was illegal and unconstitutional.

The Court agreed to decide four issues. First, whether the case is justiciable, meaning whether the legal issues are “fit for review.” Second, whether the third travel ban exceeds the President’s authority under the Immigration and Nationality Act (INA). Third, whether the travel ban violates the Establishment Clause because it seeks to exclude Muslims. Fourth, whether the Ninth Circuit nationwide injunction was overbroad.  

The same day Commerce Secretary Wilbur Ross announced his plan to add a question about citizenship to the 2020 census California filed a complaint seeking an injunction preventing the question from being added. The next day New York Attorney General Eric Schneiderman announced he would lead a multi-state lawsuit challenging the question.

In December 2017 the Department of Justice (DOJ) requested that a question about citizenship be added to help DOJ more effectively enforce Section 2 of the Voting Rights Act, which prohibits discrimination on the basis of race in voting. Citizenship has not been asked about in the biennium census since 1950.

A federal district court has issued a temporary nationwide injunction requiring the Trump administration to maintain much of the Deferred Action for Childhood Arrivals (DACA) program. Four states (California, Maine, Maryland, and Minnesota) and two local governments (San Jose and Santa Clara County) are among the plaintiffs who sued the Department of Homeland Security (DHS).

DACA was established through a DHS Memorandum during the Obama presidency. The program allows undocumented persons who arrived in the United States before age 16 and have lived here since June 15, 2007, to stay, work, and go to school in the United States without facing the risk of deportation for two years with renewals available.

DHS rescinded DACA on September 5, 2017, after receiving a letter from the Attorney General stating the program was unconstitutional and created “without proper statutory authority.”

In April a federal district court issued a nationwide preliminary injunction preventing the Trump administration from enforcing the sanctuary jurisdictions portion of the Enhancing Public Safety in the Interior of the United States executive order (EO). The same court has made that injunction permanent. 

Section 9 of the EO says that jurisdictions that refuse to comply with 8 U.S.C. 1373 are ineligible to receive federal grants. On its face Section 1373 prohibits local governments from restricting employee communication of immigration status information to Immigration and Customs Enforcement (ICE).

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