Legalization

"Parole" and Adjustment of Status

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In these amicus briefs, the LAC argues that a non-citizen who has entered the country without inspection, and subsequently been arrested and paroled under INA § 236(a) is eligible to adjust status as a “parolee” under the relevant adjustment statute, either INA § 245(a) or the Cuban Adjustment Act.

Espino Del Angel v. Gonzales 2nd Circuit No. 06-2832
Francisco-Lorenzo v. Gonzales 2nd Circuit No. 06-0768

More Fear and Loathing in the House Judiciary Committee

Committee to Take Up Reps. Smith and Goodlatte's Restrictive Immigration Bills

Released on Wed, Jul 13, 2011

Washington, D.C. – Tomorrow, the House Judiciary Committee is scheduled to take up two immigration bills that supposedly address community safety, but in reality are simply the latest attempts to restrict immigration and limit due process for immigrants. Neither Chairman Lamar Smith’s (R-TX) “Keep Our Communities Safe Act of 2011,” or Rep. Bob Goodlatte’s (R-VA) “Security and Fairness Enhancement for America Act of 2011” (SAFE Act) offer solutions to the immigration crisis. Instead, Chairman Smith’s bill would authorize indefinite detention for a wide range of immigrants, while Rep. Goodlatte’s bill would eliminate the diversity visa—a lottery that offers 50,000 visas per year to immigrants from countries that send few people to the U.S. Once more, the House Judiciary Committee is using fear to restrict our immigration system.

While studies have repeatedly shown that immigrants are less likely to commit crimes than native-born Americans, “The Keep Our Communities Safe Act of 2011” attempts to exploit the public’s fear of crime to advance an anti-immigration agenda. The bill would expand the authority of the Department of Homeland Security (DHS) to subject certain immigrants to indefinite—that is, potentially life-long—detention, even though the Supreme Court has held that such detention raises serious constitutional concerns. The bill relies on the continued detention of immigrants—many of whom have never committed a crime—as a stand-in for fixing the underlying problems of our broken immigration system. Similarly, the deceptively titled SAFE Act simply eliminates 50,000 visas that currently go to immigrants from many countries in Africa and elsewhere that have less of a tradition of immigrating to the U.S.

Mary Giovagnoli, Director of the Immigration Policy Center, noted:Read more...

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Litigation Clearinghouse Newsletter Vol. 2, No. 1

This issue covers amendments to the Federal Rules of Appellate Procedure, interim EAD problems, update on I-212/Perez-Gonzalez litigation, jurisdiction over habeas petitions challenging detention post-REAL ID Act, and challenges to a BIA CAT decision on "acquiescence."

Published On: Thursday, January 11, 2007 | Download File

Revealed: How majority of immigrants arriving in U.S. now have a college degree

Published on Fri, Jun 10, 2011

It seems immigrants coming into the U.S. are generally a highly-educated bunch.

College-educated immigrants now outnumber those entering the country with just a high school degree - and the variation is much bigger in urban areas, a report says.

They outnumber those educated at high school by 25 per cent in 44 major American cities - and 30 per cent of working-age immigrants now have a college degree, compared to 19 per cent in 1980.

Talented arrivals: College-educated immigrants now outnumber those entering the country with just a high school degree - and the variation is much bigger in urban areas, a report by the Brookings Institution says

An increase in demand from U.S. employers has seen more college-educated immigrants arriving in the U.S. over the past decade than immigrants without high school education, reported Yahoo News.

Only 28 per cent of U.S. immigrants are without a high school diploma and half of skilled immigrants are overqualified for their jobs, a report by the Brookings Institution in Washington D.C. said.

One reason behind the rise seems to be U.S. employers favouring a foreign-born workforce because they already have the required training and expect to be paid less, reported the Washington Post.

Changes: An increase in demand from U.S. employers has seen more college-educated immigrants arriving in the U.S. over the past decade than immigrants without high school education

Samir Kumar, 39, said he looks for immigrants with the same skills and education as U.S.-born workers for his Virginia IT business.

‘They actually don't demand a very high amount of salary, the expectations are kind of grounded and they don't jump around so much,’ he told the Washington Post.Read more...

Published in the Daily Mail UK

Made In America

Myths & Facts about Birthright Citizenship

Washington D.C. - The Fourteenth Amendment of the Constitution affirms that all persons born in the United States (and subject to its jurisdiction) have a birthright to citizenship, or, in other words, are automatically U.S. Citizens upon birth. During the last presidential election cycle the issue of birthright citizenship was used to challenge the legitimacy of both major parties' candidates. And this year, like every other, bills will be introduced in Congress to deny U.S. citizenship to the children of unauthorized immigrants as a "cure" to our broken immigration system. However, what are the legal and practical issues surrounding birthright citizenship? What does the Constitution provide for and what is at stake when it comes to preserving the birthrights of our citizens? Read more...

Illustrious Immigrants

Students will develop an appreciation of the varied social, cultural, economic, artistic, and political contributions made by immigrants through a research and technological process that culminates in the production of an iMovie.

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The American Immigration Council Applauds the Department of Justice for Responding to Utah's Anti-Immigrant Law

Released on Wed, Nov 23, 2011

Washington, D.C. – On Tuesday, the Department of Justice (DOJ) filed suit against the state of Utah to block the implementation of HB 497, which mandates that local police enforce immigration laws. Several provisions of the law have already been enjoined as a result of previous legal challenges from immigrant rights groups. The DOJ claims that HB 497 violates the Constitution, and the suit is consistent with its other challenges in Alabama, Arizona and South Carolina. Utah's HB 497 is similar to Arizona's SB1070, however Utah state legislators attempted to couple the enforcement bill with a state-level guest-worker program. The guest-worker program is not yet being challenged by DOJ, as it does not go into effect until 2013.

The DOJ continues to appropriately exercise its obligation to preserve the federal government’s exclusive authority to regulate immigration and its responsibility to take a stand against laws that will result in profiling, discrimination and the violation of fundamental constitutional rights. As noted by the Secretary of the Department of Homeland Security, these types of state immigration laws will overload the federal government with referrals and divert scarce resources from the agency’s highest priorities—national security and public safety.Read more...

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Statement from the American Immigration Council on Secretary Janet Napolitano's First Speech on Immigration Reform

Released on Fri, Nov 13, 2009

Today, in her first speech on immigration reform, Department of Homeland Security (DHS) Secretary Janet Napolitano spoke in great detail about the security and enforcement measures that her agency has taken under her tenure to enforce current immigration laws, but she noted "the more work we do, the more it becomes clear that the laws themselves need to be reformed."

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Hawaii senator co-sponsors bill to aid WWII vets

Published on Sun, Oct 11, 2009

A U.S. senator is co-sponsoring legislation that would allow the children of Filipino World War II veterans living in the United States to become permanent U.S. residents.

Published in the Taiwan News