Federal Courts/Jurisdiction
Supreme Court to Interpret Child Status Protection Act
Last week, several groups, including the American Immigration Council, submitted an amicus brief to the Supreme Court describing the heartrending stories of young people who have been separated from their families due to government processing delays and the shortage of visas. The case, Mayorkas v. Cuellar de Osorio, concerns the Child Status Protection Act (CSPA), which provides relief for the longstanding problem of children included on a parent’s visa application who “age out” – that is, turn 21 and lose their status as a “child”– before a visa becomes available. Upon turning 21, these young adults are unable to immigrate with their parents and must begin the visa application process anew, starting at the back of a new visa line. They end up being separated from family for years, even decades. The stories in the amicus brief make the case for how important it is that the law provide a remedy broadly available to young adults who age-out. Read More
Immigration Advocacy Groups Urge Supreme Court to Interpret Child Status Protection Act Broadly
Washington, D.C.—This week, the American Immigration Council filed an amicus curiae brief urging the Supreme Court to rule in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their “green cards” before they turned 21. The brief was… Read More
Alabama’s HB 56 Anti-Immigrant Law Takes Final Gasps
Immigration advocates who have been fighting against Alabama’s HB 56, the punitive immigration measure often called the “show me your papers” law, declared victory after the state agreed not to pursue key provisions of the 2011 legislation. The agreement is part of a settlement of long-running lawsuits filed by the U.S. Department of Justice (DOJ) and a coalition of civil rights groups against HB 56. Alabama. The Supreme Court earlier this year refused to hear the state’s appeal of a previous federal court’s ruling that gutted the law. Read More
First Circuit Holds That Immigrants Can Pursue Cases From Outside the United States
Washington, D.C. – Last week, the First Circuit Court of Appeals held that individuals who have been deported must have the opportunity to pursue motions to reopen their cases from outside the United States. A motion to reopen is an important procedural safeguard that helps ensure noncitizens are afforded… Read More
ICE Agrees to Release Thousands of Previously-Withheld Records
Washington, DC – Yesterday, a U.S. District Court in Connecticut approved a settlement in a Freedom of Information Act (FOIA) lawsuit challenging the refusal of Immigration and Customs Enforcement (ICE) to release tens of thousands of documents about the Criminal Alien Program (CAP), one of the agency’s largest enforcement… Read More
Former Attorney General Gets it Wrong on DOMA and Same Sex Immigration Benefits
Former Attorney General Alberto R. Gonzales is advocating in the New York Times that the Supreme Court decision in U.S. v. Windsor, which invalidated Section 3 of the Defense of Marriage Act (DOMA), should not allow the Obama administration to afford immigration benefits to married, same-sex bi-national couples. Rather, he argues, the administration is bound by a disturbing, 30-year-old Ninth Circuit case, Adams v. Howerton, which rested on discriminatory and outdated law and facts. Essentially, Mr. Gonzales is urging that the administration ignore 30 years of social progress and legal developments and return to a 20th century mentality and jurisprudence. He is mistaken. Read More
Supreme Court’s DOMA Decision Good for Economic Competitiveness
In the global economy of the twenty-first century, a globally mobile workforce is critical to remaining competitive. Yet for LGBT employees, their families, and their employers, significant barriers remain in place. The Supreme Court’s June 26 decision in United States v. Windsor finding part of the Defense of Marriage Act (DOMA) unconstitutional has clear and direct benefits for married same-sex couples, including bi-national couples. But beyond the benefits to married couples themselves, the Court’s decision is also a win for economic competitiveness. Specifically, the DOMA ruling makes U.S. businesses more globally competitive because they now can attract and retain foreign-born employees who want to stay in the United States with their same-sex spouses. Read More
Supreme Court Strikes Down DOMA, Affirms Immigration Rights of Gay and Lesbian Couples
Today, the Supreme Court issued its decision in the case United States v. Windsor, striking down section 3 of the Defense of Marriage Act, or DOMA, on the basis that it violated equal protection under the due process clause of the 5th Amendment. DOMA established an exclusively heterosexual definition of “marriage,” and denied same-sex couples any federal benefits, including immigration benefits. This is a historic day for gay and lesbian marriage rights, as DOMA disqualified same-sex couples from over a thousand federal benefits, and made same-sex couples in committed relationships second-class citizens in the eyes of the federal government. Read More
House Immigration Bill Promotes Old Model Immigration Solutions
Today the House held a hearing on H.R. 2278, the "Strengthen and Fortify Enforcement Act" (the SAFE Act), which is designed, as its name suggests, to be a lopsided, enforcement-only bill that imposes additional criminal penalties, border security, and detention and deportation, while encouraging discredited policies such as self-deportation and state interference with immigration law. Instead of these old enforcement-only policies, which do not work, what is needed is a comprehensive solution that fixes our broken legal immigration system and provides a path to earned legalization. Read More
Lawsuit Seeks to Learn How Government Responds to Complaints of Misconduct by Immigration Judges
Washington, DC – The public has a right to know whether the government adequately investigates and resolves complaints alleging misconduct by immigration judges, the American Immigration Lawyers Association (AILA) said in a lawsuit filed today in federal district court in Washington, D.C. The lawsuit, filed under the Freedom of Information… Read More
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