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Legalization

Voluntary Departure: Automatic Termination and the Harsh Consequences of Failing to Depart

This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order. The advisory also discusses the serious consequences that result from failing to depart, when these consequences apply, and importantly, when they do not apply.

Published On: Monday, July 6, 2009 | Download File

Litigation Clearinghouse Newsletter Vol. 1, No. 15

This issue covers the recently filed natz delay class actions, CIS memo rejecting Perez-Gonzales, VWP case, and resource for attorneys litigating gender-based asylum claims.

Published On: Wednesday, August 9, 2006 | Download File

Let Alabama take the heat for migrant law

Published on Thu, Jun 16, 2011

Alabama now has the nation's toughest immigration law. Arizona should not compete to take back that title.

Our Legislature gave the state a break this year. No controversial immigration law was passed. No new spotlight fell on Arizona.

Yet the adjective phrase "Arizona-style" is still used to describe extreme, enforcement-heavy immigration measures such as the one just passed in Alabama.

In addition to mimicking most of the provisions of Arizona's infamous Senate Bill 1070, Alabama's law builds on Arizona's employer-sanctions law and its voter-identification law.

Alabama also goes after schoolchildren with a requirement that schools report on the immigration status of students. The idea, which has been proposed in Arizona, is to create a record of the cost of educating undocumented children as a basis for challenging the 1982 Supreme Court ruling that all children should be educated, regardless of immigration status.

Checking the status of schoolchildren will mean that kids - even some who were born in this country - will be kept out of school by undocumented parents who fear questions at school will lead to deportation. Alabama's school provisions would create a permanent uneducated underclass.

Like SB 1070, the Alabama law is built around a strategy called "attrition through enforcement." The aim is to make things so uncomfortable that undocumented immigrants self-deport.

Research by the Immigration Policy Center found that undocumented migrants often just go further underground as a result of get-tough measures. They become more vulnerable and less likely to report crime, making local law enforcement more difficult.

Other provisions in the Alabama law, such as making it a crime to knowingly rent to an undocumented immigrant and barring undocumented people from enrolling in postsecondary institutions, are also part of this strategy.Read more...

Published in the Arizona Republic

Workshop Press Materials

Dozens of Washington, D.C. area educators had a unique opportunity to work with experts on immigration law and African migration at the American Immigration Law Foundation's (AILF’s) fifth annual Teachers' Symposium on Saturday, February 9. The event, which was funded in part by Wachovia, was organized for educators in an effort to help them teach the importance of America's immigration heritage more effectively.

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Mission

About the Legal Action Center

The Legal Action Center (LAC) of the American Immigration Council advocates for fundamental fairness in U.S. immigration law. To this end, the LAC engages in impact litigation and appears as amicus curiae (friend of the court) before administrative tribunals and federal courts in significant immigration cases on targeted legal issues. We also provide resources to lawyers litigating immigration cases and serve as a point of contact for lawyers conducting or contemplating immigration litigation. The LAC also works with other immigrants’ rights organizations and immigration attorneys across the United States to promote the just and fair administration of our immigration laws.Read more...

Immigration activists slam Gingrich on ‘Red Card Solution’

Published on Wed, Nov 23, 2011

Newt Gingrich is trying to carve out a middle way on illegal immigration, pushing a “Red Card Solution” that would essentially expand the guest-worker program without giving those immigrants a pathway to citizenship.

But Gingrich’s compromise isn’t eliciting much praise within the immigration community: Activists on both on left and right say that Red Carding fails to address fundamental problems with the U.S. immigration system.

On the right, advocates who want greater restrictions on immigration say the Red Card Solution simply gives businesses a pool of cheap labor at the expense of native-born workers. The Kriebel Foundation, which developed the idea, “has an interest in a modern-day form of slavery while wages have atrophied for less-skilled American workers,” says Dan Stein, president of the conservative Federation for American Immigration Reform. “This is effort to create a stratified labor force that provides wealthy employers with a way to get employees at below-market rates.” What’s more, he warns, guest workers with Red Cards might simply overstay their visit when their work permits expire.

Pro-immigration advocates argue that the Red Card plan would undermine the rights of immigrants and would be massively difficult to put in place. “It virtually guarantees that we create second-class status for workers and their families — lawful but with no real rights,” says Mary Giovagnoli, director of the Immigration Policy Center. She described plan’s the elimination of birthright citizenship for Red Card workers as “eradicating rights.” She also says the proposal ignores the need to reform the legal immigration system.Read more...

Published in the The Washington Post

Northern, Southern Border Residents Unite in Detroit

Published on Fri, Feb 24, 2012

A few days ago I wrote a blog about life along the border since 9/11, calling it a “Constitution-free zone”—a term coined by the ACLU. Life in the “Zone”—defined as a 100-mile wide area that wraps around the external boundary of the United States—is like living in an occupied zone, border residents tell me. Where the Fourth Amendment of the U.S. Constitution, which protects Americans from arbitrary stops and searches, doesn’t always apply.

Unfortunately, the voices of residents living along the international borders seldom penetrate the Washington echo chamber. Today, in Detroit, more than 100 delegates from the northern and southern borders are meeting to “form a national picture of what’s happening along the border,” according to Ryan Bates, an organizer for the newly formed Northern Border Coalition. The goal of the two-day conference, which began February 23, is to hammer out a political strategy so that border residents can lobby Homeland Security Secretary Janet Napolitano to rein in U.S. Customs and Border Protection agents whom they say are out of control.

As the number of Border Patrol agents has skyrocketed, so has the confusion about their role in border communities. Residents are unsure of their rights when border agents stop them. Lawyer Ben Winograd, a staff attorney with the American Immigration Council in Washington D.C. wanted to clarify in an email the notion of a “Constitution-free zone” I’d written about in my previous blog.Read more...

Published in the the Texes Observer

Report: Info muddled on immigrants and crime

Published on Thu, Nov 19, 2009

That man in the back of a squad car on his way to jail: What are the chances he was born in the United States?

Published in the O.C. Register

St. Cyr Regulations and Strategies for Applicants Barred from Section 212(C) Relief

Pursuant to the Supreme Court’s decision INS v. St. Cyr, the Department of Justice (DOJ) published its final rule on procedures for applying for section 212(c) relief. This Practice Advisory summarizes the rule and describes who can apply for § 212(c) relief under the rule. In addition, it discusses strategies and arguments to assist individuals who are barred under the rule.

Published On: Tuesday, October 19, 2004 | Download File