CAPS Blog - Inger Eberhart

The necessity doctrine & immigration (Part 1)

The necessity doctrine is a feature of international law and can be used as a defense to breaking the law in times of crises. According to A State of Necessity: International Legal Obligations in Times of Crises by Avidan Kent & Alexandra Harrington in the Canadian Review of American Studies, the necessity doctrine is as follows: When facing a crisis a state must act in order to safeguard its...

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Can you do me a favor?

The Democratic National Committee (DNC) celebrated Ms. Benita Veliz this past week.  She is "just as American as any of my friends or neighbors."  How many of your friends and neighbors have the benefit of private legislation? In 2009, Ms. Veliz happily celebrated not getting deported as Texas Representative Charles Gonzalez introduced a private bill for her so she would not...

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All hail illegal immigration

The Democratic National Committee (DNC) paraded Ms. Benita Veliz before their delegates at their convention.  Her speech and representation was in outreach to the Hispanic community. She waxed poetic about graduating as her high school's valedictorian at the age of 16 and earning a double major at the age of 20.  In her words, "I know I have something to contribute to my...

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9/11: Eleven years later

It has been 11 years since the horrible attacks of September 11, 2001.  That day saw a nation in terror, shock and confusion.  What we learned in the following days, weeks and months is that a group of suicide terrorists who learned how to fly in our flight schools walked freely through our airports, hijacked four flights and murdered 3,000 people. As we still grieve, for we will never...

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What have we come to?

The administration's new policy of using "prosecutorial discretion" leaves ICE agents between a rock and a hard place.  As law enforcement officials, they have taken an oath to enforce the law.  As it stands, the laws on the books state that illegal aliens are to be arrested.  However, recently, an ICE agent faces suspension for enforcing the law that he took an oath...

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Immigration policy in real life

President Obama's new policy to allow "prosecutorial discretion" in immigration policy may sound reasonable to compassionate ears. However, as is often true, when the policy is brought to fruition, the implications are often disastrous. What is Secure Communities? It is an already-existing federal information-sharing partnership between ICE and the Federal Bureau of Investigation...

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Reading between the lines…

The Center for American Progress conducted the Campus Progress National Conference.  The conference purports to teach college students how to create a progressive America.  The progress is the advancement of issues such as jobs, education, immigration, etc.  The illustrious speakers list included House Minority Leader Representative Nancy Pelosi, Democratic National Committee Chair...

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Arizona v. United States: What’s next? (Part 4)

In February 2012, the Obama administration cut funding for the 287(g) program.  Mere hours after the Supreme Court ruled on Arizona’s SB 1070, the Obama administration announced that it indefinitely suspends the 287(g) program which allowed state law enforcement agencies to partner with the federal government to perform immigration-related functions.  The suspension of the program...

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Arizona v. United States: What happened? (Part 3)

In the decision handed down from the Supreme Court, five Justices concurred in the decision in full while three Justices concurred in part and dissented in part of the decision.  As stated in an earlier blog, the core of the Majority Opinion’s conclusions rest on the idea that responsibilities solely within the purview of Congress are both express and implied.  Any state law that...

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Arizona v. United States: What gives? (Part 2)

The Supreme Court debated four provisions of the Arizona immigration law, SB 1070. The sections of the law up for debate were 2(B), 3, 5(C) and 6.  Section 2(B) requires Arizona law enforcement officers to make a “reasonable attempt,” “when practicable,” to ascertain the immigration status of any person whom an officer lawfully stops, detains, or arrests “where...

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