Legalization

Released on Wed, Mar 12, 2008

This week, Immigration OnPoint highlights three new documents that provide policymakers and advocates with facts that are relevant to the current debate in Congress.

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Presidents Obama and Calderon Must Move Beyond Words

Released on Wed, May 19, 2010

Washington, D.C. - Judging from his remarks today with President Felipe Calderón of Mexico, President Obama understands that the horrific violence which currently afflicts our southern neighbor is a complex problem that requires a multi-faceted solution.  President Obama reaffirmed his administration’s commitment “to stem the southbound flow of American guns and money” which fuel the lion’s share of Mexico’s violence, as well as to develop “new approaches to reducing the demand for drugs in our country.”  The President also pledged to keep up law-enforcement pressure on the criminal gangs that “traffic in drugs, guns, and people.”

A notable aspect of the President’s remarks is that his discussion of violence in Mexico was separate and distinct from his discussion of comprehensive immigration reform and the need to create a pathway to legal status for unauthorized immigrants already living in the United States.  The distinction reflects the fact that unauthorized immigrants are not the cause of the violence which plagues so many communities in Mexico.  This distinction stands in marked contrast to the supporters of “get tough” anti-immigrant laws, such as Arizona’s SB 1070, who frequently cite scattered episodes of violence spilling over the border from Mexico as a justification for their legislation.  But cracking down on unauthorized immigrants in the United States is not going to diminish violence in border communities because unauthorized immigrants aren’t the perpetrators, criminal cartels are.Read more...

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Released on Thu, Feb 03, 2011

Washington, D.C. - Today, a federal appellate court chastised the Board of Immigration Appeals (BIA) for preventing noncitizens from reopening their cases from outside the United States. This important ruling from the U.S. Court of Appeals for the Sixth Circuit repudiates the government's view that immigration judges and the BIA lack "jurisdiction" over such cases.

The American Immigration Council's Legal Action Center and the National Immigration Project of the National Lawyers Guild, which filed a joint amicus brief in the case, applaud the Sixth Circuit's ruling. The Legal Action Center and National Immigration Project have coordinated litigation on this issue nationwide and call on the BIA to abandon its misguided regulation barring review of motions filed by noncitizens outside the United States.

"The Sixth Circuit recognized that the regulation deprives noncitizens of their statutory right to present new evidence in their cases. The decision corrects the government's unlawful attempt to separate families and opens the door for them to return to the United States," said attorney Trina Realmuto of the National Immigration Project. Beth Werlin of the Legal Action Center said, "A motion may be a person's only chance to present his case to the immigration judge. The government should take immediate steps to withdraw this unfair and outdated regulation rather than proceed with continued, unnecessary and costly litigation."Read more...

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Released on Tue, Jun 28, 2011

Washington, D.C.— The American Immigration Council’s Legal Action Center (LAC) is pleased to announce the release of an updated practice advisory: Prosecutorial Discretion: How to Advocate for Your Client.

On June 17, 2011, John Morton, Director of ICE, issued two new memoranda encouraging the expanded use of prosecutorial discretion by ICE officers, agents, and attorneys in all phases of civil immigration enforcement. The first outlines in detail how ICE employees should approach a wide range of opportunities to apply prosecutorial discretion in line with ICE enforcement priorities; the second describes specific protections for certain crime victims, witnesses, and plaintiffs.

This practice advisory discusses these memoranda in detail. It also explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. In addition, the advisory suggests ways that attorneys can advocate for the favorable exercise of prosecutorial discretion by DHS officers, whether from ICE, USCIS or CBP.

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

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