Legalization

Reinstatement of Removal

A person who has been removed and illegally 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 federal court review of reinstatement orders and potential arguments to challenge the legality of reinstatement orders, including challenges to the underlying removal order.

Published On: Monday, April 29, 2013 | Download File

Prospects Remain Grim for Comprehensive Immigration Reform

Published on Mon, Aug 30, 2010

The best bet for reforming the immigration system this year lies with smaller bills, and immigrants rights groups have attempted to push for these measures instead. If this happens, the future of comprehensive immigration reform is still unclear, according to Mary Giovagnoli, director of Immigration Policy Center.

“We don’t have a good measure anymore of what will happen once we get something discreet like the DREAM Act passed,” she says. “But when the sky doesn’t fall in and if people still get re-elected after supporting DREAM, it may show members of Congress that leaning into the immigration issue and voting for comprehensive immigration reform could help them politically.”

Published in the The Washington Independent

Warrantless Arrests and the Timing of Right to Counsel Advisals

In Matter of E-R-M-F- & A-S-M-, 25 I. & N. Dec. 580 (BIA 2011), the Board of Immigration Appeals severely undermined the protections provided by 8 C.F.R. § 287.3(c), holding that certain noncitizens arrested without a warrant need not be advised of their rights, including the right to counsel, prior to post-arrest examinations. This practice advisory highlights flaws in the E-R-M-F- decision and suggests strategies for challenging the BIA’s reading of § 287.3(c) and moving to suppress evidence obtained in violation of the regulation.

The Legal Action Center encourages attorneys with ongoing cases involving the timing of the 8 C.F.R. § 287.3(c) advisals to contact [email protected] for further information.

Published On: Friday, November 2, 2012 | Download File

Honoring Immigrants - Place Setting Project

Students will explore an immigrant's journey into the United States and honor his/her accomplishments by interviewing an immigrant, creating decorative placemats and inviting him/her to a banquet to celebrate.

View File

Groups Mobilize NY Immigrant Vote

Published on Tue, Oct 19, 2010

Their coordinated efforts have been a success, with more than 280,000 new citizens being registered to vote. This year, with tight congressional races for state Assembly and Senate elections, their goals are to demonstrate the impact of that voting bloc, which already counts more than 1 million registered voters in New York, according to a new study by the Immigration Policy Center.

Published in the Epoch Times

Asylum Clock

Attorneys and asylum applicants across the country regularly experience problems with the “asylum clock” — a clock which measures the 150 days after an applicant files an asylum application before the applicant can apply for an employment authorization document (EAD). These problems include a lack of clear guidance about how immigration agencies - both EOIR and USCIS - should interpret and implement the law governing the clock, the lack of a formal review process when an EAD is denied, and a general lack of transparency in USCIS’ administration of the clock. As a result of these problems and increasing court backlogs, asylum applicants often wait much longer than the legally permitted timeframe to receive a work permit and are thus unable to support themselves and their families while their applications are pending.

The LAC has long advised attorneys about methods for addressing asylum clock problems and advocated for systemic change in the current asylum clock process. These efforts included the issuance, in 2010, of a comprehensive report on the asylum clock, Up Against the Clock: Fixing the Broken Employment Authorization Asylum Clock, with Penn State Law School’s Center for Immigrants’ Rights. The report recommends solutions to asylum clock problems intended to ensure that asylum applicants become eligible for employment authorization without unnecessary delays and closer to the timeframe outlined in the INA.Read more...

CIA World Factbook

The World Factbook provides information on the history, people, government, economy, geography, communications, transportation, military, and transnational issues for 266 world entities. Our Reference tab includes: maps of the major world regions, as well as Flags of the World, a Physical Map of the World, a Political Map of the World, and a Standard Time Zones of the World map.

View Link

State rep. pushing Ariz.-style immigration law has ties to organization working to repeal 14th Amendment

Published on Mon, Jan 10, 2011

Michelle Waslin, an Immigration Policy Center senior policy analyst, tells the Independent that “SLLI wants to spark a legal challenge that goes all the way to the Supreme Court. They want to set up a system for citizens and another for people who can be discriminated.”

Waslin also says that amending the 14th Amendment is not a solution for illegal immigration. “Under the current system, you’re born here, you get a birth certificate,” she says. “If we didn’t have that system we would need a bureaucracy to determine citizenship.”

She points out that if automatic citizenship is eliminated, all U.S. citizens would be affected. She compares the outcome to the current situation of a U.S. serviceman in Germany, married to a German woman, who together have a baby. That couple has to hire an immigration lawyer have to clarify if the baby if a U.S. citizen.

Published in the Florida Independent

Litigation Clearinghouse Newsletter Vol. 4, No. 5

This issue covers conflicting circuit court decisions on attorneys fees in naturalization delay suits, an update on ineffective assistance of counsel litigation, a circuit court decision upholding the Orantes injunction for Salvadorans, recent decisions addressing how to calculate the one year filing deadline for asylum applications, and a new AILF Practice Advisory on electronic filing in federal court.

Published On: Friday, April 17, 2009 | Download File

Guide to Prosecutorial Discretion

A guide to understanding prosecutorial discretion creativly put together by NotOneMoreDeportation.com. NotOneMoreDeportation.com is a project of NDLON meant to foster collaboration between individuals, organizations, artists, and allies to expose, confront, and overcome unjust immigration laws.

Year Released: 2013

View Link