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Daily Archives: January 25, 2014

Prosecutorial Discretion in Immigration Enforcement: Legal Issues

CRS – Prosecutorial Discretion in Immigration Enforcement: Legal Issues. Kate M. Manuel, Legislative Attorney. Todd Garvey, Legislative Attorney. December 27, 2013

“The term prosecutorial discretion is commonly used to describe the wide latitude that prosecutors have in determining when, whom, how, and even whether to prosecute apparent violations of the law. The Immigration and Naturalization Service (INS) and, later, the Department of Homeland Security (DHS) and its components have historically described themselves as exercising prosecutorial discretion in immigration enforcement. Some commentators have recently challenged this characterization on the grounds that DHS enforces primarily civil violations, and some of its components cannot be said to engage in “law enforcement,” as that term is conventionally understood. However, even agencies that do not prosecute or engage in law enforcement have been recognized as having discretion (sometimes referred to as enforcement discretion) in determining whether to enforce particular violations. Federal regulation of immigration is commonly said to arise from various powers enumerated in the Constitution (e.g., naturalization, commerce), as well as the federal government’s inherent power to control and conduct foreign relations. Some, although not all, of these powers belong exclusively to Congress, and courts have sometimes described Congress as having “plenary power” over immigration. However, few courts or commentators have addressed the separation of powers between Congress and the President in the field of immigration, and the executive has sometimes been said to share plenary power over immigration with Congress as one of the “political branches.” Moreover, the authority to exercise prosecutorial or enforcement discretion has traditionally been understood to arise from the Constitution, not from any congressional delegation of power.”

POGO – DOJ Sues Firm That Screened Edward Snowden and Navy Yard Shooter

Neil Gordon via POGO: “On Wednesday [January 23, 2014], the Justice Department filed its long-awaited complaint in a False Claims Act lawsuit against background check contractor U.S. Investigations Services (USIS). In October last year, Justice announced it had intervened in the lawsuit, which was filed in 2011 by former USIS employee Blake Percival. Percival’s complaint is posted here. The government claimsContinue Reading

The Equality of Opportunity Project – The status of economic mobility

The Equality of Opportunity Project: “Is America the “Land of Opportunity”? In two recent studies, we find that: (1) Upward income mobility varies substantially within the U.S. [summary][paper] Areas with greater mobility tend to have five characteristics: less segregation, less income inequality, better schools, greater social capital, and more stable families. (2) Contrary to popular perception, economic mobility hasContinue Reading

Federal Reserve Board guidance on expectations for recovery and resolution preparedness of certain large domestic bank holding companies

“The Federal Reserve Board on [January 24, 2014] provided additional information on its expectations for the recovery and resolution preparedness of certain large domestic bank holding companies. Recovery and resolution preparedness aims to reduce the effect of a firm’s failure or material weakness on the financial system and the broader economy. The supervisory guidance, SR letterContinue Reading

New GAO Report – Recovery Act

RECOVERY ACT: Grant Implementation Experiences Offer Lessons for Accountability and Transparency, GAO-14-219, Jan 24, 2014 “In response to the recent serious recession, Congress enacted the Recovery Act to promote economic recovery, make investments, and minimize or avoid reductions in state and local government services. Approximately $219 billion was distributed as grants for use in states and localities,Continue Reading

Microsoft releases global survey on Internet users around the world

“A new global survey of Internet users conducted by Microsoft Corp. reveals distinct regional findings and differing viewpoints between the developed and developing world. However, overwhelmingly the more than 10,000 people surveyed from 10 nations said they embrace personal technology, particularly in emerging markets, and see it as the foundation of innovation and economic empowerment.Continue Reading

Paper – Inequality, the Great Recession, and Slow Recovery

Inequality, the Great Recession, and Slow Recovery. Barry Z. Cynamon and Steven M. Fazzari. November 20, 2013 “Rising inequality reduced income growth for the bottom 95% of the income distribution beginning around 1980, but that group’s consumption growth did not fall proportionally. Instead, lower saving put the bottom 95% on an unsustainable financial path that eventually triggeredContinue Reading