Legal Action Center

Released on Wed, Jan 30, 2013

For Immediate Release

LAC Releases Two Practice Advisories Relating to
Deferred Action for Childhood Arrivals (DACA)

Washington, D.C. - The Legal Action Center (LAC) is pleased to release two new practice advisories relating to issues faced by DACA applicants:

“Brief, Casual and Innocent” Absences from the United States

“Brief, casual and innocent” absences from the United States do not interrupt continuous residence for purposes of DACA eligibility.  This practice advisory discusses the “brief, casual and innocent” standard under existing case law.  Though such case law may inform USCIS’s review of absences from the United States, DACA adjudicators are not bound by these decisions.  Courts have often adopted generous interpretations of the “brief, casual and innocent” standard, and it is hoped that USCIS will do the same in the DACA context.

Inspection and Entry at a Port of Entry: Where is There an Admission? 

The second practice advisory – which applies beyond the DACA context – discusses entries in three common situations: where a noncitizen is “waved” through a port of entry with no questions asked; where entry is gained by fraud or misrepresentation; and where there is a false claim to U.S. citizenship.  With respect to each situation, the practice advisory explores whether an “admission” has occurred, the individual’s immigration status upon entry, and the immigration consequences of the action.  It also discusses the impact of these three types of entries on a DACA application.

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Released on Fri, Dec 14, 2012

The American Immigration Council (AIC) welcomes U.S. Customs and Border Protection’s (CBP) decision, announced yesterday, to stop providing interpretation assistance to other law enforcement agencies.  This decision, which is set forth in new agency guidance that has not been publicly released, reportedly directs CBP personnel to refer requests for language translation to a list of private regional and state interpreter associations.  The guidance does not affect CBP’s authority to respond to requests from law enforcement agencies for other types of assistance.Read more...

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Released on Fri, Dec 14, 2012

Washington D.C. - The American Immigration Council (AIC) welcomes U.S. Customs and Border Protection’s (CBP) decision, announced yesterday, to stop providing interpretation assistance to other law enforcement agencies.  This decision, which is set forth in new agency guidance that has not been publicly released, reportedly directs CBP personnel to refer requests for language translation to a list of private regional and state interpreter associations.  The guidance does not affect CBP’s authority to respond to requests from law enforcement agencies for other types of assistance.Read more...

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Released on Mon, Nov 19, 2012

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

Washington, D.C.—USCIS released in full the four remaining contested documents in a FOIA lawsuit brought by the American Immigration Council’s Legal Action Center (LAC) and Steptoe & Johnson LLP on behalf of AILA. The documents plainly describe - in more detail than documents previously released in this lawsuit - “fraud indicators” that result in greater scrutiny of certain H-1B applications. These documents are troubling evidence of a near presumption of fraud in H-1B applications submitted by small and emerging businesses and for certain types of positions at these businesses.  The following documents were released:

• “H-1B Primary Fraud Indicators for Referral,” dated August 28, 2008;
• “H-1B Primary Fraud Indicators for Referral,” dated September 23, 2008;
• “H-1B BFCA Q&A,” dated August 28, 2008; and
• “H & L Fraud Referral Sheet,” dated October 25, 2010.

Background of the LawsuitRead more...

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Released on Tue, Nov 13, 2012

 For Immediate Release

American Immigration Council Commends Latest Ruling
Allowing Immigration Judges to Consider Evidence of Hardship

Washington, D.C.—Last Friday, the U.S. Court of Appeals for the Fourth Circuit issued a unanimous ruling that will allow Immigration Judges to exercise discretion in cases involving lawful permanent residents (LPRs) whose removal would cause extreme hardship to family members in the United States. The ruling is the latest opinion from a federal appellate court to reject a contrary decision of the Board of Immigration Appeals. The American Immigration Council’s Legal Action Center, which filed an amicus brief in the case and participated in the oral argument, applauds today’s ruling and repeats its call for the Board to overturn its decision in Matter of Koljenovic, 25 I&N Dec. 219 (2010).

The case involved a 1996 amendment to the Immigration and Nationality Act that prevents Immigration Judges from considering evidence of hardship in certain cases involving immigrants who were “admitted” to the United States as LPRs. For many LPRs facing removal, the ability to obtain such hardship waivers is the only means to avoid separation from U.S. family members. In its amicus brief, the Council argued that the Board ignored the plain language of the statute, which distinguishes between applicants who entered the country as LPRs and those who gained LPR status post-entry.Read more...

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Released on Mon, Aug 13, 2012

For Immediate Release

Updated Practice Advisory on Deferred Action for Childhood Arrivals

August 13, 2012 

Washington, D.C.— The Legal Action Center (LAC) is pleased to release an updated Practice Advisory, Deferred Action for Childhood Arrivals.  This Practice Advisory analyzes DHS guidance regarding the eligibility criteria and application process for the Obama administration’s new initiative to grant deferred action to certain individuals who came to the United States as children.  It also offers strategic advice for attorneys representing individuals who may qualify for deferred action under this initiative.  The LAC issued this advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.

For additional resources related to the deferred action announcement, visit the Immigration Policy Center’s website. Read more...

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Released on Thu, May 31, 2012

Washington D.C. - Today, the American Immigration Council’s Legal Action Center released a report and filed a Freedom of Information Act (FOIA) lawsuit on the pressing issue of noncitizens’ access to counsel. Reports from across the country indicate that the Department of Homeland Security’s (DHS) immigration agencies—U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP)—often interfere with noncitizens’ access to counsel in benefits interviews, interrogations, and other types of administrative proceedings outside of immigration court. Depending on the context, immigration officers completely bar attorney participation, impose unwarranted restrictions on access to legal counsel, or strongly discourage noncitizens from seeking legal representation at their own expense.

A joint report by the Legal Action Center and Penn State Law’s Center for Immigrants’ Rights, Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel, describes restrictions on access to legal representation before DHS, provides a legal landscape, and offers recommendations designed to combat these harmful practices. It also addresses recent changes to USCIS’s guidance that are intended to expand access to legal representation.

Also today, in collaboration with Dorsey & Whitney LLP, the Legal Action Center filed a lawsuit against ICE and DHS to compel the release of records relating to noncitizens’ access to counsel before ICE. This is the third of three FOIA lawsuits filed by the LAC seeking records from DHS’s immigration agencies regarding their policies on access to counsel in DHS proceedings.Read more...

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Released on Wed, May 30, 2012

Washington, D.C.—The Legal Action Center (LAC) is pleased to announce the issuance of a new Practice Advisory, Seeking a Judicial Stay of Removal in the Court of Appeal. This Practice Advisory provides background information about requesting stays of removal from the courts of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who win their appeals. The LAC issued this advisory jointly with the National Immigration Project of the National Lawyers Guild, the Boston College Post-Deportation Human Rights Project, and the Immigrant Rights Clinic, NYU School of Law.

All of the LAC’s Practice Advisories are available on our website at http://www.legalactioncenter.org/practice-advisories.

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For questions contact Geena Jackson at [email protected] or 202-507-7516.

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Released on Mon, Jun 04, 2012

Washington, D.C. - Last week an alliance of immigration advocacy groups represented by the Legal Action Center filed Freedom of Information Act (FOIA) requests with U.S. Customs and Border Protection (CBP). The FOIA requests seek information regarding CBP policies on providing translation assistance to other law enforcement agencies and on participating in 911 dispatch activities. The filing coincided with a federal agency decision finding the U.S. Forest Service’s policy of using Border Patrol agents as interpreters to be discriminatory. The alliance is seeking documents explaining the relevant legal authority, applicable procedural guidance, training materials, statistical data, and complaints filed with the government as a result of CBP's practices.

Over the past year, advocates in states along the northern border of the United States have reported that Border Patrol agents frequently “assist” other law enforcement agencies by serving as Spanish-English interpreters and participating in 911 dispatch activities. Capitalizing on their access to noncitizens, Border Patrol agents often use these opportunities to question individuals about their immigration status and, in many cases, initiate removal proceedings.

There is little public information about the scope and purpose of CBP's collaboration with other law enforcement agencies. The alliance hopes to promote greater transparency regarding these practices and includes the American Immigration Council, the Michigan Organizing Project/Alliance for Immigrants & Reform Michigan, Migrant Justice, the New York Immigration Coalition, the Northwest Immigrant Rights Project, and OneAmerica.

To view the FOIA requests in their entirety see:Read more...

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