Federal Courts/Jurisdiction
Immigration Council Urges U.S. Department of Labor to Ensure Fairness
Washington, D.C. – Recently, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief in Simply Soup Ltd. d/b/a NY Soup Exchange, ETA Case No. A-08322-06241, 2012-PER-00940, urging the Board of Alien Labor Certification Appeals to reaffirm that due process and fundamental fairness… Read More
Supreme Court Decides Immigrants Can “Age-Out” of Visa Petitions
In Scialabba v. Cuellar de Osorio, a heavily-divided Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents’ visa petitions as minors, but who turned 21—known as “aging-out”—before visas became available. Aging-out is tantamount to someone losing his place in the visa line… Read More
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)… Read More
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… Read More
Why Federal Officials Reminded Schools Not to Discriminate Against Immigrant Students
Last week, the Department of Education took steps to help ensure that undocumented students are not deterred from enrolling at K-12 public schools. The Department issued updated guidance regarding public schools’ responsibility to provide equal access to elementary and secondary education for all students regardless of immigration… Read More
Local Anti-Immigrant Laws Die as More States and Municipalities Pursue Pro-Immigrant Policies
The Supreme Court announced this week that it would not review the appeals of lower-court decisions finding that local anti-immigrant ordinances passed by Farmers Branch, Texas and Hazleton, Pennsylvania were unconstitutional infringements on federal immigration law. The laws would have required private landlords to verify the immigration status… Read More
California Court Rules Undocumented Immigrant Can Be a Licensed Attorney
The California Supreme Court ruled last week that Sergio Garcia, a Mexican undocumented immigrant who has spent more than 17 years living in the U.S., should be licensed to practice law in the state of California. In the unanimous decision, California Chief Justice Tani Cantil-Sakauye wrote it is “extremely unlikely” that Garcia would be deported under current immigration policy. "Under these circumstances, we conclude that the fact that an undocumented immigrant's presence in this country violates federal statutes is not itself a sufficient or persuasive basis for denying undocumented immigrants, as a class, admission to the State Bar," she wrote. Read More
Top Five Immigration Stories from 2013
From the beginning, it was clear that 2013 was going to be a big year for immigration. The results of the 2012 Presidential Election were widely interpreted as a rebuke to Mitt Romney’s enforcement-only “self-deportation” policy, and President Obama’s huge victory among minority communities was seen as a… Read More
Federal Judge Enjoins Key Provisions of South Carolina’s Immigration Law
Washington, D.C.—The American Immigration Council welcomes today’s ruling from U.S. District Judge Richard M. Gergel, which temporarily enjoined three provisions of South Carolina Act 69 and found a fourth provision likely to be overturned in future proceedings. The ruling makes South Carolina the sixth state—after Arizona, Indiana, Georgia, Utah, and… Read More
Supreme Court Considers Restrictive Interpretation of Child Status Protection Act
Yesterday, the Supreme Court heard oral arguments in Mayorkas v. Cuellar de Osorio, a case challenging the government’s restrictive interpretation of the Child Status Protection Act (CSPA). The CSPA provides relief for the longstanding problem of children included on a parent’s visa application who “age out” –… Read More
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