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American Immigration Council

Mark Cangemi, 9/11 Investigator, Adopts Immigrant Teen's Cause

Published on Mon, Apr 23, 2012

WOODBURY, Minn. — When a teenage boy sits down to dinner with his girlfriend's father, he's bound to feel intimidated. That's particularly the case if the boy came to the United States illegally and the dad is a former Immigration and Customs Enforcement agent who spent three decades apprehending violators of immigration laws. But for Alan, the captain of his high school football team and an honor student, it's like eating with family. That's because the immigration special agent who ordered the arrest of convicted Sept. 11 hijacker Zacarias Moussaoui, has taken up a new cause. Mark Cangemi is trying to help the teenager stay in the country. Read more...

Published in the Minnesota Public Radio

Romney Campaign May Be Moving Left on Immigration

Published on Wed, Apr 18, 2012

Mitt Romney’s campaign hired GOP campaign strategist Ed Gillespie, while Kris Kobach’s “advisor” status was put in doubt, according to news reports.

Elise Floey of Huffington Post wrote Tuesday that the Romney campaign “told Politico that [Kris] Kobach is a ‘supporter,’ not an adviser. This contradicts both Kobach’s previous statements and his seemingly larger role in the campaign — a bigger part than the campaign is letting on.”

Kansas Secretary of State Kris Kobach authored Arizona’s controversial immigration enforcement-only law. He endorsed Romney in January, “advised Romney on immigration during his 2008 presidential bid and has long-promoted the strategy of ‘attrition through enforcement’— the immigration-control strategy to drive away the unauthorized population by making their lives so miserable that they will choose to ‘deport themselves’ rather than remain in the U.S.,” according to the Immigration Policy Center.

The Hill reported Tuesday that “Romney’s hiring of Republican strategist Ed Gillespie is being seen as a sign the campaign will heavily court Hispanic voters — perhaps at the expense of immigration hard-liners in the party.”

“When asked for an interview, Gillespie directed The Hill to Romney’s presidential campaign, which said he’d be a senior adviser that will help them with messaging, overall strategy and the August convention in Tampa, Fla,” The Hill added.

“Gillespie, a former head of the Republican National Committee, has long advocated an aggressive outreach to the Hispanic community,” The Hill wrote. “He also heads up Resurgent Republic, an organization focused on messaging to independents, including Hispanic swing voters.”

Resurgent Republic is currently developing a six part “target voter series” focused on suburban women, young voters, seniors, independents, Hispanics and blue collar Catholics.Read more...

Published in the Colorado Independent

Immigrants' Deportation Cases Stumble Over U.S. Policy Change

Published on Sun, Apr 15, 2012

When the Department of Homeland Security announced last summer that some lower-priority cases should be shelved in immigration court through a process called prosecutorial discretion, Alexandru Ghilan looked like the perfect candidate.

The 29-year-old from Moldova had come to the United States on a work visa six years ago. He had applied for political asylum because of incarcerations and beatings he said he had endured as an activist protesting the former Communist regime in his eastern European home country.

Ghilan, who earned a law degree in Moldova, did not enter the country illegally and has no criminal record in the United States. He has worked and paid taxes since he came to the country. He has a wife and a 1-year-old daughter who is a U.S. citizen.

His asylum request has been denied: Communists no longer hold power in Moldova. He is appealing the case. Now, it has been passed over for administrative closure through prosecutorial discretion even though an immigration judge recommended that Ghilan be considered. If Ghilan had been granted that closure, he would no longer be living under the constant threat of deportation.

Government prosecutors aren't saying why some seemingly good fits for prosecutorial discretion, such as Ghilan, are being denied. But immigration attorneys are saying this is happening too often.

"It looks like it's a national problem," said Denver immigration attorney Bryon Large, who heard input from other lawyers from around the country during a recent meeting of the American Immigration Lawyers Association.

Figures collected by the American Immigration Council show that about 9 percent of 165,000 immigration cases reviewed since late last year have been suspended through the exercise of prosecutorial discretion.Read more...

Published in the Denver Post

Comprehensive Immigration Reform Would Win Politically

Published on Wed, Apr 11, 2012

President Obama’s inability to pass much-needed comprehensive immigration reform could cost him the 2012 election.

Though recent news of a rebounding economy, coupled with Republican Party infighting suggest otherwise, the Hispanic vote is neither uniform nor clearly aligned with the Democratic Party. If Hispanics fail to support the president in four key swing states — Florida, New Mexico, Nevada and Colorado — the election could go to the likely Republican candidate, former Gov. Mitt Romney.

Time magazine kicked off the topic of Hispanic electoral power with their March 5 cover story “Yo Decido.” The author noted demographic trends that favor Hispanic predominance in certain places in the nation, and last week, it was widely reported in the U.S. media that about one in six Americans are Hispanic. Additionally, one in six workers in the U.S. are Hispanic and of legal status.

While the Republicans may have learned from earlier egregious mistakes, like former candidate Herman Cain’s jocular comment about electrifying the fence between the U.S. and Mexico, they seem to have a collective tin ear when it comes to Hispanic culture, issues, voting patterns and history. They don’t understand the importance of Hispanics among us, and, surprisingly, they don’t seem to really care.

Romney is hardly progressive or nuanced when it comes to Hispanic issues; he opposes the critically important DREAM Act, which would allow people who arrived in the U.S. as children to earn an education in America beyond high school. Common sense suggests we support a policy whereby our nation, struggling to compete in an increasingly technical, global environment, supports the education of young people who want to contribute to the social and economic development of the U.S.Read more...

Published in the Tennessean

Kansas Officials Await Ruling on Arizona Immigration Law

Published on Sun, Apr 08, 2012

TOPEKA — Kansas hasn’t adopted an Arizona-like immigration law, but several current and former elected officials from Kansas have chosen sides as the issue goes before the U.S. Supreme Court.

The court will hear arguments April 25 in the legal battle between the state of Arizona and the federal government over the immigration law known as Senate Bill 1070.

Kris Kobach, a Republican who before being elected Kansas secretary of state gained national attention by pushing tough anti-immigration laws, helped write SB 1070. The measure was adopted by the Arizona Legislature and enacted by Gov. Jan Brewer in 2010.

The law contained a number of controversial provisions that are now front and center before the Supreme Court.

One of the most controversial requires local police in Arizona to determine the immigration status of anyone stopped if there is a reasonable suspicion that the person is in the country illegally.

The Justice Department says regulating immigration is the job of the federal government, not the states. Officials in Arizona, a state bordering Mexico, say the feds haven’t done their jobs and that is one of the reasons for SB 1070.

In addition to legal briefs from the specific parties in the case, the Supreme Court has received approximately 40 legal briefs from others who support and oppose SB 1070, according to a report completed by the Immigration Policy Center, a nonpartisan group whose mission “is to shape a rational conversation on immigration and immigrant integration.”

Kansas is one of 16 states that have signed on in support of SB 1070. That decision was made by Kansas Attorney General Derek Schmidt, a Republican. Schmidt’s office says he supports preserving powers of states to promote public safety. His office said Kansas has not spent any money in the litigation.Read more...

Published in the Lawrence Journal World

The Hispanic Factor

Published on Thu, Apr 05, 2012

President Obama's inability to pass much-needed comprehensive immigration reform could cost him the 2012 election. Though recent news of a rebounding economy, coupled with Republican Party infighting, suggests an alternate narrative, the Hispanic vote is neither uniform nor clearly aligned with the Democratic Party. If Hispanics fail to show up in support of the president in four key swing states — Florida, New Mexico, Nevada, and Colorado — the election could go to the Republican candidate, likely to be former Governor Mitt Romney.

Time magazine kicked off the topic of Hispanic electoral power with its March 5th cover story, "Yo Decido," written by journalist Michael Scherer. The author noted demographic trends that favor Hispanic predominance in certain places in the nation, and last week, it was widely reported in the U.S. media that about one in six Americans are Hispanic. Additionally, one in six workers in the U.S. is Hispanic, and most Hispanics live in the U.S. legally. They are fully integrated into communities. There is a prevailing assumption that, because a majority of Hispanics are Catholic, they should be naturally allied with more conservative candidates — particularly the two Roman Catholics still in the Republican race as of this writing, Rick Santorum and Newt Gingrich.

While the Republicans appear to have learned from some earlier egregious mistakes, like former candidate Herman Cain's jocular comment about electrifying the fence between the U.S. and Mexico, they seem to have a collective tin ear when it comes to Hispanic culture, issues, voting patterns, and history. They don't seem to understand the importance of Hispanics among us, and, surprisingly, they don't seem to really care.Read more...

Published in the Memphis Flyer

Texas Cities Join Others in Brief Opposing Arizona Law

Published on Wed, Apr 04, 2012

The city of Austin didn’t like Arizona’s controversial immigration-enforcement law — SB1070 — when it first passed in 2010, and it still doesn’t like the measure today as the U.S. Supreme Court prepares to hear arguments for and against it.

In 2010, the city of Austin quickly passed a resolution that urged city departments to sever ties with businesses in that state.

Council members said then they wanted to send a message that they opposed racial discrimination of any kind, and they didn’t want to risk subjecting city employees to “unfounded detentions while on official city business” in Arizona.

Now, Austin — along with the city of Laredo and Dallas County — is again expressing dismay over the measure in an amicus brief with the U.S. Supreme Court. Oral arguments in the case are scheduled for April 25.

Meanwhile, a leading immigration-policy think tank has issued a report stating that if the justices rule in Arizona’s favor, individuals may still bring additional legal claims to halt the policy depending on how it is enforced.

The court will review four provisions of the Arizona law, which has been enjoined by a federal district court. They include a requirement that police officers attempt to determine the immigration status of a person stopped if they suspect the person is in the country illegally; a requirement that immigrants register with the federal government and carry a registration card with them; a provision that makes it a crime for an unauthorized immigrant to work, apply for work or solicit work; and a provision that allows officers to arrest immigrants without a warrant if probable cause exists that they have committed a deportable offense.

The amicus brief, joined by 41 cities, the United States Conference of Mayors and the National League of Cities, argues that the law, and others like it, open the door for racial profiling and adversely affect community policing efforts.Read more...

Published in the Texas Tribune

Villaraigosa Urges Hispanics to Vote

Published on Wed, Apr 04, 2012

CHARLOTTE, North Carolina – Los Angeles Mayor Antonio Villaraigosa, who will chair the Democratic National Convention here in September, on Tuesday urged Hispanics in North Carolina to vote “for those who don’t have a voice” in the presidential elections in November.

“If we don’t vote, neither of the two parties are going to take us into account. You have to go out and register people and, above all, motivate those who can to become U.S. citizens,” said Villaraigosa in a meeting with Hispanic reporters in Charlotte.

In his first visit to the Queen City, one of the country’s highest-profile Latino politicians reiterated that since North Carolina is the state that has had the biggest growth in the country in its Hispanic community, its voting power is “essential.”

“The figures point to it and we know it: the Hispanic vote is important, and we’ll work very hard to get it,” Villaraigosa emphasized.

The mayor on Tuesday toured Charlotte’s convention center and Bank of America stadium, where President Barack Obama will accept the nomination of his party in September.

The number of Hispanics in North Carolina increased by 111 percent over the past decade to more than 800,000, representing 8.4 percent of the state’s residents.

According to figures compiled by the North Carolina state elections board, in 2008 there were more than 68,000 Hispanics registered to vote and of those 20,648 voted in the presidential elections that November.

Obama won North Carolina by a scanty 14,177 votes, the first time since 1976 that a Democratic presidential candidate had garnered the state’s 15 electoral votes.

A post-electoral analysis by the Washington-based Immigration Policy Center emphasized that those Hispanic votes that went to the Democrats were “indispensable” in helping Obama win the Tar Heel state.

Published in the Latin American Herald Tribune

Copycat immigration enforcement bill dies in Mississippi Senate

Published on Wed, Apr 04, 2012

An immigration enforcement bill that contains the same type of provisions that have Arizona’s S.B. 1070 poised for a Supreme Court hearing died Tuesday in the Mississippi Senate.

Immigration Works, a national organization “advancing immigration reform that works for all Americans – employers, workers and citizens,” said Tuesday in a press release that “Mississippi isn’t the only state to hesitate on immigration this year. Lawmakers across the country are holding off. Some are waiting to see how the U.S. Supreme Court rules in its second immigration federalism case in so many years, U.S. v Arizona.”
The Supreme Court will hear arguments about Arizona’s law, known as S.B. 1070, on April 25.

S.B. 1070 has served as a model for other states and has brought to the forefront questions about how states can enforce existing federal immigration laws.

Immigration Works described “what made the difference in Mississippi”: “Business leaders and law enforcement officials spoke out persuasively, expressing concerns about the consequences of HB 488. The employer coalition that opposed the bill included the Mississippi Farm Bureau, the Mississippi Poultry Association, the state chapter of the Associated Builders and Contractors and several foresting and nursery groups, as well as blueberry and sweet potato growers.” (Read the full press release below.)

The Immigration Policy Center writes that H.B. 488 “would have, among other things, allowed police officers to determine the immigration status of individuals they ‘reasonably suspect’ are in the country without documents. While HB 488 is dead, however, state House members may still be looking to keep these immigration enforcement measures alive by inserting them in other bills.”Read more...

Published in the Florida Independent

AIC Challenges BIA Decision Denying Miranda-like Warnings to Immigrants Under Arrest

Released on Mon, Apr 23, 2012

Washington, D.C.—On Friday, the American Immigration Council challenged a decision by the Board of Immigration Appeals (BIA) ruling that immigrants who are arrested without a warrant do not need to receive certain Miranda-like warnings before being interrogated.  

Under federal regulations, immigration officers must advise such noncitizens of the reason for their arrest, of their right to legal representation, and that anything they say may be used against them in a subsequent proceeding. Last August, however, the BIA ruled that these warnings are not required until after questioning has ended and charging papers are filed with an immigration court. 

In an amicus brief filed with the U.S. Court of Appeals for the Ninth Circuit, the Council argued that the BIA misinterpreted both the text and purpose of the regulation.  

“As a matter of law and fundamental fairness, people placed under arrest should be advised of their rights before questioning, not after,” said Melissa Crow, Director of the American Immigration Council’s Legal Action Center. “The BIA’s ruling renders the notifications virtually meaningless and will subject countless immigrants to coercive questioning by federal officers.” 

The brief was joined by the American Immigration Lawyers Association, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, the National Immigration Law Center, the National Immigration Project of the National Lawyers Guild, and the Northwest Immigrants Rights Project. 

The Ninth Circuit case is Miranda Fuentes v. Holder, No. 11-72641. The BIA ruling under challenge is Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011).  

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