President Obama has the legal authority for prosecutorial discretion in immigration matters, so get over it people!

Tea-Publicans and wingnut pundits in the conservative media entertainment complex like to bandy about words like “lawless” and “unconstitutional” when talking about President Obama’s executive order for the Deferred Action for Childhood Arrivals (DACA) program, drivers licenses for the DREAMers, etc., because they are political  propagandists who want to portray the president as a tyrant who should be impeached as a means to fire up their wingnut base (this is how they shake down the ignorant rubes who listen to them rant all day and separate them from their money). They are con men, pure and simple.

On purely legal grounds, their unhinged propagandist accusations are unadulterated bullshit. The feckless media villagers really have to stop being stenographers who rotely report “Republicans say…” and, oh I don’t know, pick up the damn phone and talk to an immigration lawyer who actually knows what the hell he or she is talking about! Is that too much to ask?

I have previously posted this piece by Greg Sargent of the Washington Post, Lawyers agree: Obama has broad authority to act on deportations:

Image: Latinos protest in favor of comprehensive immigration reform while on West side of Capitol Hill in WashingtonWith Obama administration officials debating how aggressively to use unilateral action to shield people from deportations, more than 100 immigration law professors have signed a letter to the President (.pdf) arguing that he has expansive legal authority to act to temporarily protect additional groups from removal — and that this authority is rooted in statute, court opinion, regulations, and precedent.

The letter (.pdf), which was shared with this blog before its release, is designed to make the case to media and opinion-makers that Obama has maximum legal room to maneuver — which could shape how much political space the administration thinks it has on this difficult and explosive decision.

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Grijalva & Ellison of Progressive Caucus Urge Obama Immigration Decision

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National Day Laborer Organizing Network poster

While Republicans are threatening President Obama if he dares to take legal action on immigration through an executive order, the Congressional Progressive Caucus is encouraging him to go bold.  In fact, they’re giving him ideas for action.

“Expansive and robust action that addresses the economic, family, community and national problems we now face is urgently needed… Fixing our broken immigration system will benefit our economy and allow us to use our national security resources more wisely,” write the Progressive Caucus co-chairs Congressmen Raul Grijalva and Keith Ellison in their memo. Obama has multiple choices:

  • He could kowtow to the Republicans and do nothing (further infuriating Latinos and progressives).
  • He could extend the two-year-old Deferred Action of Childhood Arrivals (DACA) program that has allowed more than 500,000 Dreamers to stay here temporarily without fear of deportation while Congress diddles. (You’ll remember that the US Senate passed an immigration reform bill in June 2013, but House Republicans have made no movement toward reform.)
  • He could extend DACA to the parents and spouses of Dreamers, adding another 4 million to deferred action.
  • He could change the 2012 qualifications for DACA, adding another 3 million by changing age limits. (Read more details here and below.)

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The Migration Project

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THE MIGRATION PROJECT, a theatrical docudrama exploring human migration and our efforts to claim home, opens November 14th in a collaborative workshop production with ZUZI! Dance Company. (press release)
Playwright Eugenia Woods utilized input from refugee, immigrant and indigenous communities to shape this theatrical work. The play weaves together stories of 5 central characters from Mexico, The Hopi Nation, China, Zimbabwe, and one composite character representing the voices of refugee women from Iraq, Egypt, Ethiopia and the Democratic Republic of Congo. Blending actual interview material with dramatic writing, Woods’ play examines what compels these characters to leave home, what they are forced to leave behind, and how they attempt to create a new home in a foreign land.

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Arizona’s lawless legislature continues its losing streak in court over its anti-immigrant laws

gavelLast month, the Ninth Circuit Court of Appeals sitting en banc struck down Proposition 100 (2006), which amended the Arizona Constitution to deny bond to undocumented immigrants charged with “serious” crimes. The case is Angel Lopez-Valenzuela v. Joe Arpaio, (No. 11-16487). You can read the Opinion Here (.pdf).

The en banc Court reversed a three judge panel of the Ninth Circuit upholding the district court’s grant of summary judgment. Prop. 100 “violates the substantive component of the Due Process Clause of the 14th Amendment.”

On Friday, U.S. Supreme Court Justice Anthony Kennedy temporarily blocked implementation of the ruling by the 9th U.S. Circuit Court of Appeals. Kennedy gave no reason for his order. Reversal of Arizona’s immigrant no-bail law blocked:

Friday’s order is at least an interim victory for Maricopa County Attorney Bill Montgomery who has been defending the law.

He contends there are legitimate reasons to conclude that those accused of certain serious crimes who are in the country illegally are less likely to show up for trial. And Montgomery said the 9th Circuit got it wrong in concluding such a blanket rule is unconstitutional.

But the stay may be brief. Kennedy gave the American Civil Liberties Union, which is challenging the law, until the end of the day Monday to convince him and his colleagues that the high court should stay out of the fight.

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Live Blogging Election Results

In an hour, the polls will close. The big question is: Will dark money from the Koch Brothers and their multinational corporate brothers win or will the people win? Will millions of dollars — more than $25 million to buy each Senate seat for Republicans and more than $15 million in Arizona for Republicans — take this … Read more