Legalization

Other border states shun Arizona's immigration law

Published on Wed, May 12, 2010

New Mexico's governor says it is a step backward. Texas isn't touching it. And California? Never again.

Arizona's sweeping new law empowering police to question and arrest anyone they suspect is in the U.S. illegally is finding little support in the other states along the Mexican border.

Among the reasons given: California, New Mexico and Texas have long-established, politically powerful Hispanic communities; they have deeper cultural ties to Mexico that influence their attitudes toward immigrants; and they have little appetite for a polarizing battle over immigration like one that played out in California in the 1990s.

Published in the Associated Press

Lawmakers Studying Immigration Reform

Published on Tue, Jun 08, 2010

Legislators in at least 22 states have introduced or are considering similar legislation to Arizona's, according to the Washington, D.C., based Immigration Policy Center -- a research arm of the American Immigration Council that advocates comprehensive immigration reform.

Not all state legislation related to immigration is punitive -- much of it falls within traditional state jurisdiction, such as attempts to improve high school graduation rates among immigrants, according to the Center.

Published in the Bethany Beach Wave

SB 1070 Enforcement Will NOT Be Uniform

Published on Tue, Jul 27, 2010

The procedures followed by individual police agencies are not dictated by the board or the governor, however, and as a new study by the Immigration Policy Center shows there will be a wide variety of enforcement policies within Arizona, even with the law’s heavy-handed language about officers being required to do one thing or another and citizens being able to sue those they don’t believe to be enforcing the law.

Published in the Arizona Republic

Mandamus Actions: Avoiding Dismissal and Proving the Case

This Practice Advisory provides basic information about filing an immigration-related mandamus action in federal district court. It discusses the required elements of a successful mandamus action as well as jurisdictional concerns that may arise.

Published On: Thursday, August 6, 2009 | Download File

Births to Illegal Immigrants Are Studied

Published on Wed, Aug 11, 2010

Some researchers noted that the Pew figures did not identify families where both parents were illegal immigrants. “If anything, the Pew report highlights how complicated this issue is, given that so many unauthorized immigrants live in families that include U.S. citizens and legal immigrants,” said Michele Waslin, senior policy analyst for the Immigration Policy Center, a group that supports legalization for illegal immigrants.

Published in the New York Times

Prosecutorial Discretion: How to Advocate for Your Client

This Practice Advisory explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE and USCIS officers.

Published On: Friday, June 24, 2011 | Download File

Council Announces Winners of the "Change in Motion" Multimedia Contest

Image:

Youth (14-25) are invited to enter the 2013 “Change in Motion” Multimedia. View 2012 winners on our You Tube Channel.

Link:

In defense of the failed Dream Act immigration bill

Published on Mon, Sep 27, 2010

The Immigration Policy Center writes:

Acknowledging the large numbers of illegal Europeans in the U.S., the government devised ways for them to remain in the U.S. legally. *Deserving* illegal European immigrants could benefit from various programs and legalize their status. The 1929 Registry Act allowed *honest law-abiding alien[s] who may be in the country under some merely technical irregularity* to register as permanent residents for a fee of $20 if they could prove they had lived in the U.S. since 1921 and were of *good moral character.* Roughly 115,000 immigrants registered between 1930 and 1940—80% were European or Canadian. Between 1925 and 1965, 200,000 illegal Europeans legalized their status through the Registry Act, through *pre-examination*—a process that allowed them to leave the U.S. voluntarily and re-enter legally with a visa (a *touch-back* program)—or through discretionary rules that allowed immigration officials to suspend deportations in *meritorious* cases. Approximately 73% of those benefitting from suspension of deportation were Europeans (mostly Germans and Italians).

Published in the Washington Times

Mandamus

Delayed decision-making by immigration agencies is a recurring problem faced by immigration attorneys and their clients. The federal mandamus statute provides a remedy for unreasonable delays by allowing a federal district court judge to order the agency to make a decision within a specific period of time. Too often, attorneys for the government attempt to dismiss mandamus cases, arguing that the court has no jurisdiction. We have filed amicus briefs in cases pending in the courts of appeals with the goal of establishing binding precedent confirming the district courts’ jurisdiction over mandamus suits against USCIS. We argue that USCIS has a non-discretionary duty to decide an application (although not necessarily to approve it) and that, in cases in which there is unreasonable delay, district courts have jurisdiction under the mandamus statute to order the agency to carry out this duty in a timely fashion.

CASES | RESOURCES

CASES

Safadi v. Atty. Gen. of the United States, No. 09-12123-JJ (11th Cir. amicus brief filed June 23, 2009) (case settled without a decision).

Poliakova v. Gonzalez, No. 08-13313-FF (11th Cir. amicus brief filed Aug. 18, 2008) (case settled without a decision).

Vorontsova v. Chertoff, No. 08-1052 (1st Cir. amicus brief filed July 16, 2008) (case settled without a decision).

Liu v. Mukasey, No. 07-3538, (7th Cir. amicus brief filed Jan. 18, 2008) (case settled without a decision).

Grinberg v. Swacina, No. 07-11594 (11th Cir. amicus brief filed Oct. 10, 2007) (case settled without a decision).

Li v. Gonzales, No. 07-2990 (3rd Cir. amicus brief filed Sept. 7, 2007) (case settled without a decision).Read more...

"Behind the Mountains" by Edwidge Danticat

Behind the Mountains teaches secondary students the value of immigration and increases student awareness of the adjustments faced by immigrants while developing their reading, writing, research, discussion, and literary response skills.

View File