Law

American Immigration Council Announces New Leadership of its Legal Action Center

Released on Tue, Sep 07, 2010

The American Immigration Council (AIC) is pleased to announce a new leadership team at our Legal Action Center (LAC). Melissa Crow has joined our staff as the new Director and Beth Werlin has been promoted to Deputy Director of the LAC. These two incredibly talented lawyers bring a diverse set of skills and experiences that will strengthen and expand the important work of the Center.

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Lawsuit Filed Against DHS and USCIS Seeks Transparency Promised by Obama Administration

AILA Seeks Disclosure of Records under FOIA

Released on Tue, Jul 20, 2010

The American Immigration Council's Legal Action Center filed a lawsuit against the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS) on behalf of the American Immigration Lawyers Association (AILA) seeking the public release of records concerning agency policies and procedures for the "H-1B" visa program - a program which allows U.S. businesses to temporarily employ highly-skilled foreign workers.

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AIC/AILA Litigation Institute

Leesburg, VA; October 8-10, 2010

Released on Mon, Jul 19, 2010

Strengthen your litigation skills in Leesburg, Va., this fall, via our hands-on, educational format! Now more than ever immigration lawyers need to be equipped to litigate issues on behalf of their clients. This Institute will enable both neophytes and experienced practitioners to acquire new skills, to practice their technique, and to become confident and knowledgeable about litigation in immigration court and in the federal courts. Please see http://www.aila.org/li for registration information.

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Court to Consider Legality of Arizona Law Sanctioning Employers Who Hire Unauthorized Workers

Chicanos Por La Causa, Inc. v. Napolitano, 558 F.3d 856 (9th Cir. 2009), cert. granted sub nom. Chamber of Commerce v. Candelaria, (June 28, 2009) (No. 09-115)

This case involves a challenge to the Legal Arizona Workers Act, an Arizona state law prohibiting employers from knowingly or intentionally employing an unauthorized immigrant. The petitioners allege that the Arizona statute is unlawful because it is preempted by federal immigration laws that regulate the employment of non-citizens. The lower courts upheld the statute, finding that it was not preempted by federal law.

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Litigation Clearinghouse Newsletter Vol. 5, No. 4

This issue covers the Supreme Court's favorable decision in an aggravated felony case, a legal challenge to the H-1B/Neufeld Memo on the employer-employee relationship, EOIR resources on BIA precedents, a court of appeals decision vacating a BIA precedent on the finality of a conviction, updates on the suits challenging Arizona's immigration law (SB 1070), and LAC litigation on access to courts, motions to reopen, and the Child Status Protection Act.

Published On: Friday, June 18, 2010 | Download File

Supreme Court Injects Reason into Immigration Felony Definition

Released on Tue, Jun 15, 2010

On June 14, 2010, the U.S. Supreme Court voted unanimously in Carachuri-Rosendo v. Holder that a lawful permanent resident who is convicted of minor drug possession offenses does not warrant classification as having been convicted of an "aggravated felony." As a result, the Court held that Mr. Carachuri-Rosendo cannot be deported without an opportunity to make a case for why he should be allowed to remain in the United States. Please view the press release directly below, and you can also read about this case on our Supreme Court Update page.

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Litigation Clearinghouse Newsletter Vol. 5, No. 3

This issue covers lawsuits challenging Arizona’s immigration enforcement law SB 1070; two Supreme Court decisions issued this spring involving immigrants; a lawsuit challenging continued detention after the expiration of a detainer; an overview of several “material support” mandamus cases challenging delay in adjudicating adjustment applications, and important reminders from the LAC (including dates and locations for the Council’s litigation and detention meetings at AILA’s Annual Conference, as well as LAC litigation and practice advisory updates).

Published On: Friday, May 21, 2010 | Download File

Court to Consider Equal Protection Challenge of Former Citizenship Provision

United States v. Flores-Villar, 536 F.3d 990 (9th Cir. Cal. 2008), cert. granted sub nom.,
Flores-Villar v. United States, 2010 U.S. LEXIS 2743 (U.S. Mar. 22, 2010) (09-5801)

The Supreme Court will hear a case that looks to whether two former citizenship provisions in the INA violate equal protection. These sections imposed a five-year residence requirement, after the age of fourteen, on U.S. citizen fathers -- but not on U.S. citizen mothers -- before they may transmit citizenship to a child born out of wedlock abroad to a noncitizen. Read more...

Arizona SB 1070‎, Legal Challenges and Economic Realities

Arizona’s harsh immigration enforcement law, "Support Our Law Enforcement and Safe Neighborhoods Act" (SB 1070, amended by HB 2162) inter alia, requires state and local law enforcement agencies to check the immigration status of individuals it encounters and makes it a state crime to be without proper immigration documentation. Soon after Arizona’s governor signed the bill, challenges to the law were filed. This page highlights the suits challenging the Arizona law. Read about challenges to other state and local laws at the State and Local Law Enforcement Litigation Issue Page.

Cases | Other Arizona Litigation | Litigation-related Articles and Resources | Economic Realities

Cases

COURT ENJOINS PARTS OF SB 1070

United States v. State of Arizona, No. 10-01413 (D. Ariz. prelim. Injunction granted July 28, 2010) appeal docketed, No. 10-16645 (9th Cir. July 29, 2010)

Most recent developments:

On July, 28, 2010, the day before SB 1070 was scheduled to go into effect, the district court enjoined several of the most controversial parts of the law. Specifically, the court issued a preliminary injunction stopping enforcement of the following provisions:Read more...

Supreme Court Decision Protects Right to Immigration Advice

Released on Wed, Mar 31, 2010

The American Immigration Council applauds today's Supreme Court decision on the right to counsel for noncitizens charged with committing a crime. The Court held that criminal defense lawyers must advise their noncitizen clients about the risk of deportation if they accept a guilty plea. The Court recognized that current immigration laws impose harsh and mandatory deportation consequences onto criminal convictions, and that Congress eliminated from these laws the Attorney General's discretionary authority to cancel removal in meritorious cases. The Court said, "These changes to our immigration law have dramatically raised the stakes of a noncitizen's criminal conviction. The importance of accurate legal advice for noncitizens accused of crimes has never been more important."

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