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Northern California Celebrates America

2011 Winners Announced in Bay Area

Published on Wed, Jun 01, 2011

Angela Yang, 11, Pacifica resident and student in San Francisco, won with her story of an alien's first impression of the United States

Published in the Pacifica Patch

Litigation Clearinghouse Newsletter Vol. 1, No. 3

This issue covers the favorable district court order in the ADIT litigation (Santillan v. Gonzales) and recent decisions addressing Matter of Grijalva and the presumption of effective service.

Published On: Monday, January 9, 2006 | Download File

Economists say Alabama's tough new immigration law could damage state's economy

Published on Sat, Jul 16, 2011

MONTGOMERY -- Supporters of the state's new immigration law called it a jobs program when it was being debated in the Legislature, but some economists predict it will put the stigma of the 1960s back on Alabama.

In enacting what has been described as the nation's toughest immigration law, some fear the Legislature's action will backfire, possibly driving away industrial prospects as it promises to chase away thousands of Hispanics holding jobs in construction, food service, manufacturing and agriculture.

Dr. Keivan Deravi, an economics professor at Auburn Montgomery and budget adviser to the Legislature, says the law wasn't supported by facts and wasn't based on "real economic theories and research."

"It is the wrong message sent to the rest of the nation and the business world, especially considering the degree of ongoing globalization," he said.

But Sen. Scott Beason, R-Gardendale, the Senate sponsor of the immigration bill, called that view a wish of "something bad on the state."

"A business invests where it gets a good quality product and work force," he said. "I don't believe for a minute that it (immigration law) will keep them from coming here. I do not believe it hurts us on the world stage."

Rep. Micky Hammon, R-Decatur, the House sponsor of the bill, did not return a phone call.

The law is scheduled to take effect Sept. 1, although a coalition of civil rights groups filed a federal class-action lawsuit that asserts it is unconstitutional because it interferes with federal authority over immigration matters.

Dr. Chris Westley, associate professor of economics at Jacksonville State University, said the law raises the "perception factor" about the state and that capital investment "will tend to avoid Alabama relative to other Southern states."Read more...

Published in the Alabama.com

The Advocates

During the 2006 Immigration Teach-In Celebration April 24th-28th, teachers across Minnesota taught a lesson to raise awareness about immigration to Minnesota and recognize the positive contributions made by immigrants to our community.

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State poised to restrict use of E-Verify database

Published on Fri, Sep 16, 2011

California is poised to nullify immigration enforcement ordinances in about a half dozen Inland Empire cities – and to continue to buck a national trend – by restricting the use of E-Verify, the national online database used to check the immigration status of workers.

Under the Employment Acceleration Act, passed by the state Senate last week and currently awaiting Gov. Jerry Brown’s signature, state and local governments could not require California businesses to use the database to ferret out undocumented employees.

California’s approach is an anomaly. States and cities across the country have passed laws that mandate use of the E-Verify system as part of a strategy to curb illegal immigration and ensure that scarce jobs go to U.S. citizens and legal residents.

The act conflicts with the Legal Workforce Act [PDF], a bill pending in the U.S. House of Representatives that would require the use of E-Verify by all American employers.

The California bill has been cited as a reason that the national legislation, which is being marked up this week in the House Judiciary Committee, is necessary.

“California has the second-highest unemployment rate in the U.S., yet elected officials in Sacramento just sent a bill to the Governor’s desk that will further diminish job opportunities,” bill sponsor Rep. Lamar Smith, R-Texas, said in a statement. “California’s E-Verify opt-out bill shows exactly why we need a federal E-Verify law.”

If the Employment Acceleration Act becomes law, it would create ripple effects at the local level, trumping city ordinances adopted in a number of Inland Empire cities – including Temecula, Lake Elsinore, and Lancaster – that currently mandate the use of the E-Verify system as a prerequisite to running a business.

Citing the importance of local control, state senators representing these communities have opposed the bill.Read more...

Published in the California Watch

Reinstatement of Removal

A person who has been removed and unlawfully reenters the United States may be subject to reinstatement of removal under INA § 241(a)(5). This Practice Advisory provides an overview of the reinstatement statute and implementing regulations. It also addresses where to obtain federal court review of reinstatement orders and which arguments are available to challenge the legality of reinstatement orders in federal court, including challenges to the underlying removal order.

Published On: Wednesday, April 23, 2008 | Download File

Objecting to Video Merits Hearings

This Practice Advisory discusses the problems arising from the use of video hearings, and suggests ways to protect the respondent's rights and move for in-person hearings where that strategy is selected.

Published On: Sunday, December 12, 2004 | Download File

Administrative Procedures Act (APA)

District courts have jurisdiction to review a wide-variety of immigration decisions that arise outside of removal proceedings, including challenges to denials of visa petitions. These cases most often assert a claim under the APA, which permits individuals to sue the government for unlawful agency action. While the INA places some restrictions on review of discretionary decisions in non-removal cases, it does not strip district courts of all jurisdiction. The LAC seeks to ensure that district courts exercise jurisdiction over these APA cases to the fullest extent possible.

CASESRESOURCES

CASES

Ngassem v. Chertoff, No. 05-0584-cv (2d Cir. amicus brief filed Apr. 16, 2008) (case settled without a decision from the court). The LAC filed an amicus brief in support of the petitioner, arguing that the district court had jurisdiction over the denial of an asylee relative petition.

RESOURCES

LAC Practice Advisory: Immigration Lawsuits and the APA: The Basics of a District Court Action (May 9, 2007). This Practice Advisory discusses the primary issues involved in an APA suit, with 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.Read more...

Report: Immigrants make up large part of California work force

Published on Tue, Jan 17, 2012

More than one in four California residents are foreign born, but almost 46 percent of them — 4.6 million people — are naturalized citizens eligible to vote, according to a new report by the Immigration Policy Center.

There were almost 10.2 million immigrants in the state in 2010, U.S. Census data show. That’s 27.2 percent of the population.

Immigrants comprise more than a third of the California labor force, figuring prominently in economics sector such as agriculture, manufacturing and services.

They pay roughly $30 billion in federal taxes, $5.2 billion in state income taxes and $4.6 billion in sales taxes each year, according to state-specific fact sheets compiled by the pro-immigration policy center from a variety of studies in recent years.

Unauthorized immigrants in California paid $2.7 billion in state and local taxes in 2010 and most native-born Californians have experienced wage gains from the presence of immigrants in the state’s labor market, research compiled by center show.

Click here for more numbers on immigrant contributions to the California economy at the Immigration Policy Center website.

Published in the Sacramento Business Journal