The Political Economy Of The Dream Act And The Legislative Process: A Case Study Of Comprehensive Immigration Reform

Many developments have kept the Development, Relief, and Education for Alien Minors (DREAM) Act and the issue of undocumented college students in the news and on federal and state legislative agendas.
Who would have thought that presidential candidates would be debating the issue, as they did in the Republican primaries of 2007 and 2008? Especially coming on the heels of a near-miss months earlier, when the bill almost passed in the Senate, the topic is one that has all the earmarks of an agenda-building subject, situated in the complex and treacherous context of twenty-first century U.S.domestic politics, especially those of comprehensive immigration reform. Inasmuch as this subset of much larger immigration, higher education, and tuition policies commands recurrent attention, DREAM Act politics are a useful bellwether for observers of these domains. Read More …

Waiting for Alvarado: How Administrative Delay Harms Victims Of Gender-Based Violence Seeking Asylum

“Well? Shall we go? Yes, let’s go. (They do not move).”
Over the course of their ten-year marriage in Guatemala, Ms. Rody Alvarado Peña’s husband brutally and violently abused her. Ms.Alvarado managed to escape to America, but once she arrived, she discovered that the most intimate details of her life would be scrutinized in an administrative immigration system that re-victimized her and protracted her suffering for another fourteen years. She has not seen her children since she arrived, and until she was granted asylum in December2009, she had no way to bring them to the United States. Her case is one of the most illustrative and modern examples of administrative malfunction and delay in the American immigration system Read More …

No Matter What: The Inevitability Of Mexican-U.S. Migration, And Its Lessons For Border Control Strategies

Recent events have unearthed a firestorm around the issue of border enforcement in the United States. The state of Arizona passed S.B.1070, a law that directs state and local law enforcement to ascertain the immigration status of anyone officers have a “reasonable suspicion” of being “an alien unlawfully in the United States.” The response included protests and an announcement by the Democratic Party of its“framework” for immigration reform. The framework follows the model of bills for immigration reform in recent years, pairing the legalization of undocumented immigrants currently living in the United States with increased enforcement personnel and spending at the border and in the interior of the United States. The latter, which is the focus of this Article,is the reform being stressed in the wake of Arizona’s bold initiative as federal lawmakers rush to concede that Arizonans acted due to a failed federal border policy. Read More …

Closing The Borders: Reverse Brain Drain And The Need For Immigration Reform

What do Google, Intel, Yahoo,
e-Bay, Sun Microsystems, and Facebook have in common? Besides being household names and innovative, highly profitable industry leaders, these companies all had immigrant founders or co-founders. Duke and Harvard University’s researcher Vivek Wadhwa revealed that half of Silicon Valley’s engineering and technology companies, and a quarter of those startednationwide between 1995 and 2006, had immigrant founders. In addition, one in every four patents in the World Intellectual PropertyOrganization listed a foreign national residing in the United States as the inventor. These figures are less surprising if we focus on statistics fromthe National Science Foundation, reporting that foreign studentsreceived nearly sixty percent of all engineering doctorates awarded in the United States, over fifty percent of all doctorates in engineering,mathematics, computer sciences, physics and economics, and 40 percentof all doctorates in agricultural sciences. The Bureau of Citizenship andImmigration Services reports that foreign students in the science,technology, engineering and mathematics (STEM) fields are disproportionately represented. Read More …

Essay: U.S. Immigration Law: Where Antiquated Views On Gender And Sexual Orientation Go To Die

This Essay examines the paradoxical approaches to gender and sexual orientation bias within the U.S. immigration system. On the one hand, the immigration system has managed to convey benefits to same-sex partners despite federal law prohibiting the recognition of same-sex unions for immigration purposes. Immigration law also provides benefits for victims of crimes disproportionately committed against women, such as human trafficking and domestic violence, although the systems in place for adjudicating these benefits are flawed. On the other hand, immigration law favors antiquated notions of gender roles that disadvantage U.S. citizen men and their children, and has failed torecognize domestic violence as a basis for asylum. Read More …