July 18, 2011 - Human Rights Watch

Although the debate over U.S. immigration policy is often cast as a conflict between U.S. citizens and undocumented immigrants, the reality is much more complicated. Undocumented immigrants often have U.S. citizen spouses, children, and parents. It’s impossible to know exactly how many families are “mixed-status,” but an estimated 4 million U.S. citizens are the children of at least one undocumented immigrant parent. When immigrants in these families are deported, U.S. citizens also suffer grievously.

Current immigration law often disregards the human right to family unity, as Human Rights Watch has documented in “Forced Apart” and “Why Immigrant Stories Matter.” But a few provisions in U.S. law allow the government to acknowledge the importance of family ties and to use its discretion to prevent unfair results in extraordinary cases. This power to provide discretionary relief not only helps undocumented immigrants, but provides unquestionable help to their U.S. citizen families as well.

Last week, Rep. Lamar Smith (R-Texas) introduced legislation that would eliminate these discretionary powers and harm the U.S. citizens and legal residents that he claims to be protecting. Chairman Smith is planning a hearing on this act before the end of this month. The Hinder the Administration’s Legalization Temptation Act, or HALT Act, would eliminate the discretionary power of the Obama administration -- and only this administration -- to grant relief to immigrants in compelling cases, such as by suspending deportation or granting temporary legal status. Smith, who had requested that a previous administration use discretionary powers, now attempts to demonize such powers through his bill. Continue reading...