Skip to Content

Legalization

LAC Issues Practice Advisory on Motions to Suppress in Removal Proceedings

Released on Tue, May 31, 2011

Washington, D.C. - The American Immigration Council’s Legal Action Center (LAC) is pleased to announce the release of a new practice advisory: “Motions to Suppress in Removal Proceedings: A General Overview.” Long used in criminal trials, motions to suppress seek to exclude evidence obtained by government agents in violation of an individual’s constitutional or other legal rights.  Though federal immigration officers often disregard immigrants’ rights, legal and practical obstacles prevent many individuals from challenging the procedures used to arrest them once placed in removal proceedings.  By filing motions to suppress more frequently, immigrants will promote greater accountability by law enforcement officers and thereby protect the rights of other noncitizens.

For a complete list of all LAC Practice Advisories, please visit our website.

View Release

Litigation Clearinghouse Newsletter Vol. 4, No. 1

This issue covers a challenge to the new E-Verify rule; the Attorney General's decision overturrning Matter of Lozada; a Supreme Court update; regulatory developments in removal cases; and the Attorney General's decision on CIMTs and the categorical approach.

Published On: Friday, January 9, 2009 | Download File

Litigation Clearinghouse Newsletter Vol. 1, No. 4

This issue covers developments concerning mandatory detention, Supreme Court Update, and Motions to Stop Deportations to Haiti.

Published On: Tuesday, January 24, 2006 | Download File

In light of recent ICE memo, a primer on ‘prosecutorial discretion’

Published on Wed, Jul 20, 2011

Last month, U.S. Immigration and Customs Enforcement director John Morton issued a memo to the agency’s employees urging the use of prosecutorial discretion in the cases of certain immigrants, among them people who grew up in the United States after arriving here as children, and those who have served the military and their families.

It’s a directive that will be put to the test, as U.S.-raised young people continue to land in deportation proceedings. And just how it changes things remains a bit of a mystery.

For those who are unfamiliar with what prosecutorial discretion is and how it’s exercised, the Immigration Policy Center recently updated its guide to understanding how it works in immigration law. Among the basics that are covered:

What is Prosecutorial Discretion?

“Prosecutorial discretion” is the authority of an agency or officer charged with enforcing a law to decide whether to enforce the law in a particular case. A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion.

The authority to exercise discretion in deciding when to prosecute and when not to prosecute has long been recognized as a critical part of U.S. law. The concept of prosecutorial discretion applies in civil, administrative, and criminal contexts. The Supreme Court has made it clear that “an agency’s decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agency’s absolute discretion.” Heckler v. Chaney 470 U.S. 821, 831 (1985).

When is Prosecutorial Discretion Used in Immigration Enforcement?Read more...

Published in the Southern California Public Radio

Teaching Tolerance

In this early grades activity, students learn about unfair practices in a simulation exercise and then create plans to stand up against discrimination

View Link

What Would Your Immigrant Ancestors Think of the I-Word?

Published on Sat, Sep 10, 2011

Ready to talk about immigration and the i-word?

In the days leading up to the tenth anniversary of 9/11, I walked around New York City with Nayana Sen and Leigh Thompson, asking people what they thought about immigration and the slurs too often used to describe immigrants today. We started out at Battery Park, where people take ferries out to see the Statue of Liberty and Ellis Island. The site is part of the Immigration and Civil Rights Sites of Conscience Network, committed to use historical perspective in order to stimulate ongoing local and national conversations on immigration and its related issues, promote humanitarian and democratic values, and treat all audiences as stakeholders in the immigration dialogue.

Inspired by the Sites of Conscience’s work, we asked people what they knew about their families’ roots in the U.S., what they thought about how immigrants are treated now and whether or not they agree with use of the i-word to describe people.

In most of our pre-interviews, people wanted to be on camera—but as soon as we said “immigration,” we got confused looks, artful turn-downs and fast walkers. It was a reality check about how unprepared and uncomfortable a lot of people feel when faced with this urgent topic.Read more...

Published in the Colorlines

Immigration Lawsuits and the APA: The Basics of a District Court Action

This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.

Published On: Wednesday, May 9, 2007 | Download File

Obama hopes to win Latino voters in face of GOP candidates' immigration debate

Published on Sat, Jan 14, 2012

The Obama administration has unveiled several key decisions aimed at bolstering ties to the immigration reform community as the president’s campaign has stepped up efforts to woo Latino voters ahead of the 2012 elections. 

The moves come as Republican presidential contenders have begun staking out positions on immigration, making it a focal point of political attacks leading into the South Carolina and Florida primary elections.

Latino and immigration reform groups have heavily criticized President Obama for not doing enough to overhaul the country’s immigration system to provide a path to citizenship for people in the country illegally.

The groups, on and off Capitol Hill, have stressed that the same Latino voters who helped bring Obama into office in 2008 are not a sure bet for him in 2012. As Republicans begin to attack the president on his immigration record, Obama will be forced to highlight the steps he’s taken to improve the immigration process. 

In a strong nod to Latino groups this week, Obama appointed Cecilia Munoz, the former senior vice president at the National Council of La Raza — the largest U.S. Latino civil rights and advocacy group — to be the director of the Domestic Policy Council where she’ll help shape the president’s domestic policy on immigration, education, health care and energy issues.

And last week, the administration proposed a long-awaited and greatly sought rule change that would fast track certain visa applications, lessening the time U.S. citizens are separated from their families who are required to remain outside the country while their immigrant visas are being considered.Read more...

Published in the The Hill

UCLA study says legalizing undocumented immigrants would help the economy

Published on Thu, Jan 07, 2010

Even during the ongoing recession, immigration reform legislation that legalizes undocumented immigrants would boost the American economy, according to a new study out of UCLA. The report said that legalization, along with a program that allows for future immigration based on the labor market, would create jobs, increase wages and generate more tax revenue. Comprehensive immigration reform would add an estimated $1.5 trillion to the U.S. gross domestic product over 10 years, according to the report.

Published in the L.A. Times