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06/05/14 | District Court Rules Grant of TPS Is an Admission for Adjustment of Status Purposes

Washington, D.C.The American Immigration Council welcomes last week’s ruling by the United States District Court for the Western District of Washington, which held that a noncitizen’s grant of Temporary Protected Status (TPS) qualifies as “inspection and admission” into the United States. Under the Immigration and Nationality Act, inspection and admission are eligibility requirements for lawful permanent residence (LPR). Jesus Ramirez, the plaintiff in Ramirez v Dougherty, was granted TPS in 2001 following the devastating earthquake in El Salvador, his home country, and has renewed this status ever since. He now seeks to become an LPR on the basis of his marriage to a United States citizen. The American Immigration Council and the Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief in the case, and subsequently NWIRP became counsel for the plaintiff.

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05/30/14 | Customs and Border Protection Releases Long-Awaited Review and Use-of-Force Policy

Washington D.C. - Today, after numerous formal and informal requests from border advocates and a lawsuit, U.S. Customs and Border Protection (CBP) released a 2013 report by the Police Executive Research Forum (PERF), a nonprofit research organization, analyzing the agency’s use-of-force policies and practices. CBP commissioned the report after receiving inquiries from sixteen Members of Congress following a series of deaths during encounters with CBP personnel. CBP also released its new Use of Force Policy, Guidelines and Procedures Handbook. 

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05/22/14 | Immigration Council Urges Broad Interpretation of § 212(h) Hardship Waiver

On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to rehear Roberts v. Holder, 745 F.3d 928 (8th Cir. 2014). In that case, the court narrowly interpreted the hardship waiver found in INA § 212(h), thus depriving many lawful permanent residents (LPR) of the opportunity to apply for this waiver.  The Immigration Council and AILA urge the court to withdraw this decision and instead, to join the six other courts of appeals which have interpreted the waiver more broadly.  In doing so, the court would ensure that the class of deserving LPRs whom Congress intended to benefit are able to apply – and be considered – for the waiver.  Read more about the Immigration Council’s work on this issue here.

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For more information, email clearinghouse@immcouncil.org

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05/15/14 | Understanding ICE’s Release of Immigrants with Criminal Convictions

Washington D.C. - Understanding the complexities of immigration law and its intersection with criminal law is not easy. Over the past month, a flood of reports about enforcement policies and deportation data have compounded the confusion. Some of these reports were clearly designed to derail genuine and productive conversations around immigration policy reform. Case in point, this week the Center for Immigration Studies (CIS) issued a paper that claims over 36,000 “criminal aliens” were released from Immigration and Customs Enforcement (ICE) custody.  

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05/06/14 | No Action Taken: Lack of CBP Accountability in Responding to Complaints of Abuse

Washington D.C. - Today, the American Immigration Council releases No Action Taken: Lack of CBP Accountability in Responding to Complaints of Abuse, by Daniel E. Martinez, Ph.D., Guillermo Cantor, Ph.D., and Walter A. Ewing, Ph.D., a report that analyzes complaints filed with U.S. Customs and Border Protection between 2009 and 2012. The analysis is based on information received through Freedom of Information Act (FOIA) litigation. The report examines one of the few avenues available for people to report mistreatment by Border Patrol agents - namely, the complaint system. For a long time, advocates and legal providers on the border have highlighted the flaws in the complaint system. This report is the first systematic attempt to document the problem in a rigorous way. In addition, a coalition of immigrants' rights groups has developed and released recommendations to DHS to address the CBP Complaint Process.

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03/31/14 | New Report from Center for Immigration Studies on Deportation Data Misleads and Misinforms

Washington D.C. – Today the Center for Immigration Studies (CIS) released a new report that makes a range of false claims about deportation data.  Following is a statement from Benjamin Johnson, Executive Director of the American Immigration Council, in response to “Catch and Release: Interior Immigration Enforcement in 2013”

“A new report from the Center for Immigration Studies (CIS) makes a range of false claims about deportation data. First their claim that out of 722,000 “potentially deportable aliens” encountered by Immigration and Customs Enforcement only 195,000 were charged is completely misleading.  As a result of dragnet programs like Secure Communities, any foreign-born individual that that comes into contact with law-enforcement likely falls into 722,000 number cited by CIS.  Thus, this number includes immigrants (including long time permanent residents) whose interaction with law enforcement was so minor that they are not even legally subject to removal.  In fact, that data likely includes U.S. citizens as well.  CIS is essentially asserting that a legal-permanent resident or a recently naturalized citizen with a broken tail light should be charged by ICE and removed from the country although there is no basis in law for such action. 

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03/26/14 | HoldCBPAccountable.org Launched to Expose Border-Related Abuse and Litigation

An alliance of immigration advocacy groups announces the launch of HoldCBPAccountable.org, a website that catalogues lawsuits and administrative complaints brought against U.S. Customs and Border Protection (CBP). The American Immigration Council, the National Immigration Project of the National Lawyers Guild, the Northwest Immigrant Rights Project, and the ACLU of San Diego and Imperial Counties have joined forces to document litigation that exposes CBP abuses, including unlawful searches and seizures, removals based on coercion and misinformation, and the use of excessive and sometimes deadly force by Border Patrol agents and CBP officers.

Among the cases included on the website:

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03/13/14 | American Immigration Council Urges Court to Rule that TPS Recipient Is Eligible to Adjust Status

Last week, the American Immigration Council and Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protected Status (TPS) are eligible to apply for lawful permanent residence (i.e., adjustment of status), even if they originally entered the United States without being admitted or paroled.  This is because the grant of TPS qualifies a noncitizen as having been “admitted” to the United States—one of the requirements for adjustment of status.  In 2013, the Sixth Circuit found that the grant of TPS permits a person who initially entered without being admitted to become a lawful permanent resident, and amici urge the District Court for the Western District of Washington to reach the same result.

The case is Ramirez v. Dougherty, No. 13-1236-TSZ (W.D. Wash. amicus brief filed March 6, 2014). 

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For more information, email clearinghouse@immcouncil.org.

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01/28/14 | Immigration Reform and the State of the Union

Washington D.C. - Tonight, President Barack Obama pressed the reset button and laid out his priorities for 2014—and, ultimately, the final leg of his presidency. During the State of the Union address, the President discussed the need to create jobs and greater opportunity for all. He also made it clear that immigration reform and economic recovery go hand-in-hand, and he expects the House of Representatives to make the next move on immigration reform. The President said: 

“Finally, if we are serious about economic growth, it is time to heed the call of business leaders, labor leaders, faith leaders, and law enforcement – and fix our broken immigration system.  Republicans and Democrats in the Senate have acted.  I know that members of both parties in the House want to do the same.  Independent economists say immigration reform will grow our economy and shrink our deficits by almost $1 trillion in the next two decades.  And for good reason: when people come here to fulfill their dreams – to study, invent, and contribute to our culture – they make our country a more attractive place for businesses to locate and create jobs for everyone.  So let’s get immigration reform done this year.”

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01/24/14 | LAC Issues Updated Practice Advisory on Stays of Removal in the Courts of Appeals

The American Immigration Council’s Legal Action Center (LAC) announces the release of an updated practice advisory, Seeking a Judicial Stay of Removal in the Court of Appeals

Filing a petition for review of a removal order does not automatically stay an individual’s removal from the United States. A court of appeals, however, may issue a judicial stay of removal to prevent the government from deporting a person while his or her petition for review is pending before the court. In Nken v. Holder, 556 U.S. 418, 434 (2009), the Supreme Court instructed courts to adjudicate stay motions by applying the “traditional” standard for a stay. Under this standard, the courts must consider the likelihood of success on the merits, the harm to the applicant absent a stay, whether the issuance of the stay will substantially injure the other parties interested in the proceeding, and where the public interest lies.

This Practice Advisory provides background information about requesting stays of removal from the courts of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeals. A sample stay motion, a sample declaration in support of a stay motion, and sample guidelines to assist families, friends and community members in writing letters in support of stay requests are attached to the advisory.

The LAC issued this advisory jointly with the National Immigration Project of the National Lawyers Guild, the Boston College Post Deportation Human Rights Project and the Immigrant Rights Clinic, Washington Square Legal Services, New York University School of Law.

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