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06/13/11 | LAC Issues Practice Advisory on Immigration Cases Implicating DOMA

The American Immigration Council’s Legal Action Center (LAC), in conjunction with Immigration Equality, is pleased to announce the release of a new practice advisory: Protecting and Preserving the Rights of LGBT Families: DOMA, Dorman, and Immigration Strategies.

The immigration agencies rely on Section 3 of the Defense of Marriage Act (DOMA), which defines marriage as a union between one man and one woman, in determining whether a marriage is valid for immigration purposes. As a result, lesbian and gay U.S. citizens and permanent residents are barred from successfully petitioning for their spouses. In addition, lesbian and gay noncitizens are precluded from obtaining other immigration benefits, including relief from removal, based on a marriage to a U.S. citizen or permanent resident. Recent developments, however, suggest that DOMA’s days may be numbered. Already, one district court has concluded that Section 3 of DOMA is unconstitutional, and the Obama Administration has decided it no longer will defend the law in federal court challenges. 

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06/09/11 | Immigrants in America: More Skilled and Educated Than Ever Before

Washington D.C. - Today, the Brookings Institution released a new report, The Geography of Immigrant Skills: Educational Profiles of Metropolitan Areas, which finds that more working-age immigrants hold college degrees than lack high-school diplomas. This newly-released data has broad implications for an immigration debate that is driven largely by myths and stereotypes of less-skilled, unauthorized immigrants while devoting scant attention to the high-skilled end of the labor spectrum. To effectively reform the U.S. immigration system to the benefit of the U.S. economy and workers, both high-skilled and less-skilled immigrants must be part of the discussion and the debate must be guided by more facts and less political rhetoric.

As the report points out “immigrants are now one-in-seven U.S. residents and almost one-in-six workers. They are a significant presence in various sectors of the economy such as construction and hospitality on the low-skill end, and information technology and health care on the high-skill end. While border enforcement and illegal immigration are a focal point, longer-term U.S. global competitiveness rests on the ability of immigrants and their children to thrive economically and to contribute to the nation’s productivity.” 

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06/08/11 | Misguided Opposition to So-Called "Sanctuary Cities" Continues

Washington D.C. - Texas Governor Rick Perry announced that he plans to resurrect his proposal to crack down on cities that provide "sanctuary" to unauthorized immigrants, even though the Department of Homeland Security and other government officials have found that so-called "sanctuary cities" do not exist. Local police agencies regularly cooperate with Immigration and Customs Enforcement to identify and detain immigrants who commit crimes, so it's hard to imagine why the Governor is looking for a solution without a problem.
 
What Perry is calling "santuary cities" are cities that have implemented community policing policies that prevent police agencies from asking community residents who have not been arrested to prove their legal immigration status. Based on the tenets of community policing, these policies make it safe for immigrant crime victims and witnesses to report criminals to the police and help put them behind bars.These policies make it easier for the police to do their jobs and make communities safer.
 
Debunking the Myth of "Sanctuary Cities" Community Policing Policies Protect Americans, written by Lynn Tramonte, responds to those who claim some cities are providing "sanctuary" to unauthorized immigrants and seek to abolish their community policing policies.  In it, police officials and others explain why community policing policies are so critical to their work and to keeping American communities safe.

To view the paper in its entirety see:

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05/31/11 | LAC Issues Practice Advisory on Motions to Suppress in Removal Proceedings

Washington, D.C. - The American Immigration Council’s Legal Action Center (LAC) is pleased to announce the release of a new practice advisory: “Motions to Suppress in Removal Proceedings: A General Overview.” Long used in criminal trials, motions to suppress seek to exclude evidence obtained by government agents in violation of an individual’s constitutional or other legal rights.  Though federal immigration officers often disregard immigrants’ rights, legal and practical obstacles prevent many individuals from challenging the procedures used to arrest them once placed in removal proceedings.  By filing motions to suppress more frequently, immigrants will promote greater accountability by law enforcement officers and thereby protect the rights of other noncitizens.

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

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05/18/11 | Senate Judiciary Committee Holds Key Hearing on Challenges Facing Immigration Courts

Washington, D.C.—The American Immigration Council’s Legal Action Center commends Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for convening today’s hearing on “Improving Efficiency and Ensuring Justice in the Immigration Court System.” Immigration courts have long suffered from crushing backlogs that can delay the scheduling of hearings for years at a time.  Additionally, immigrants who appear before these courts enjoy fewer legal protections than most Americans expect from any fair system of justice.   With the dramatic and rapid escalation of immigration enforcement policies and resources, too little attention has been paid to the many challenges that face our immigration court system.

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05/17/11 | DHS Extends Temporary Protected Status to Haitians

Washington D.C. - Today, the Department of Homeland Security (DHS) took an important step on behalf of Haitians affected by last year’s devastating earthquake, demonstrating the humanitarian side of its immigration responsibilities.  Secretary Janet Napolitano announced that DHS would extend Temporary Protected Status (TPS) for an additional eighteen months for Haitians currently residing in the United States. She also announced that she would permit Haitians who arrived up to one year after the earthquake, many of whom came in on visitor visas and other authorized measures, to apply for TPS.  The following is a statement from Mary Giovagnoli, Director of the Immigration Policy Center.

“We applaud DHS’s decision both to extend the timing of TPS and to broaden the scope of people who qualify for it. In the chaotic days following the January 2010 earthquake in Haiti, the men and women of DHS worked hard to provide relief to survivors, admitting many people temporarily to save them from devastation, disease, and starvation. While DHS quickly designated TPS status for those Haitians residing in the U.S. at the time of the earthquake, many others who came to the U.S. within days or weeks of the disaster were ineligible for TPS, but were also unable to return home. Today’s announcement addresses these problems and recognizes the extraordinary need for a compassionate and humane response to the devastation in Haiti.

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05/11/11 | Senators Reintroduce the DREAM Act

Washington, D.C. - Today, Senators Richard Durbin, Harry Reid, and Robert Menendez re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act. Last fall, the DREAM Act passed the House of Representatives, and garnered the support of a majority in the Senate, but was ultimately defeated when the Senate failed to invoke cloture and proceed to debate. The sponsors of the DREAM Act hope to build on last year’s momentum and continue to highlight the importance of fully utilizing the talent and potential of thousands of young people who are Americans in every way but their birth certificates.

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05/10/11 | President Obama Puts Immigration Reform Back on the Table

Washington, D.C. - Today, President Obama offered his most concrete articulation of a new way forward for resolving our broken immigration system. Echoing and expanding upon the concepts of innovation, entrepreneurship, and the American Dream, the President invited the American public to join him in pressing Congress for comprehensive immigration reform.   

Benjamin Johnson, Executive Director of the American Immigration Council, issued the following statement:

“The President continues to refine his argument that comprehensive immigration reform is a key component of ensuring our success in the 21st century. While this message cannot be repeated often enough, the blueprint for change released by the White House today marks a new page in the immigration debate. The blueprint offers numerous ideas that can be translated into specific legislation and will challenge both parties to come together to work in the country’s best interests. The blueprint also invites the public to engage Congress directly on this issue, setting the stage for a showdown between the President and the public—who overwhelmingly support immigration reform—and a recalcitrant Congress.   

We look forward to engaging in a more robust discussion of the economic impact of immigration, and we take today’s events as a signal that the Administration will continue to lead on this important issue. Immigration reform is on the table, and the time is long overdue for an honest, constructive debate over how to create a 21st century immigration system that is good for American workers and families, and reflects our history as a nation of immigrants.”

To view information on the economics of immigration reform, see: 

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05/09/11 | BIA Provides Important But Incomplete Guidance on Mental Competency Issues

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) cautiously applauds last week’s decision of the Board of Immigration Appeals concerning the rights of immigrants with mental disabilities in removal proceedings.  Echoing concerns expressed in amicus briefs filed by the LAC in other Board cases, the decision acknowledged the need for a framework to ensure that immigrants with mental competency issues are not deported without fair hearings. 

 “While the Board’s decision is a welcome first step, more comprehensive guidance will be necessary to protect the due process rights of immigrants who lack mental competency,” said Melissa Crow, director of the Legal Action Center (LAC).  “A rulemaking process, with outreach to a broad spectrum of stakeholders and an opportunity for discussion and formal comments, would be the ideal mechanism for establishing procedures in this context.”

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05/05/11 | LAC Issues Practice Advisories on Federal Court Litigation

The Legal Action Center (LAC) is pleased to announce the release of one new and two updated Practice Advisories focusing on federal court litigation. These practice advisories provide in depth discussion and analysis of federal court issues to assist attorneys seeking relief for their clients from adverse immigration-related decisions.

  • Mandamus Litigation in the Labor Certification Context (April 25, 2011): This Practice Advisory outlines basic information about mandamus actions, which may be used to remedy agency delay, and suggests strategies and practice tips for bringing a mandamus action against DOL.
  • How to File a Petition for Review (Updated February 28, 2011): This updated Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

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

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