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National Volunteer Week: How Much Do Immigrants Volunteer?

Yesterday marked the beginning of this year’s National Volunteer Week (#NVW2016), which was first established in 1974. Volunteering has had a rich history in America, with the United States boasting one of the highest rates of volunteerism worldwide. Volunteering has long been shown to bring stability to neighborhoods and increase the level of cohesion and […]

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Defending DAPA and Expanded DACA Before the Supreme Court

This guide provides brief answers to common questions about United States v. Texas, including what is at stake in the case, how the litigation began, what the contested issues are, and the impact the case may have on our country.

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Weekend Reading: Highlights from this week’s immigration news (April 4 – 8)

In the Tallahassee Democrat, the President of Independent Colleges & Universities in Florida, Dr. Ed Moore, argues that the passage of the Florida Seal of Biliteracy “reflects legislators’ commitment to make Florida a welcoming state to international business and talent, and shows we are working proactively to ensure our graduates are competitive in this increasingly […]

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Immigrant from South India Helps Walmart Thrive

Zakir Syed would never have imagined that by age 37, he would be working at a high-level job at Walmart, one of the largest employers in Arkansas. Growing up in Karnataka, a state in southwestern India, he lived with his family in a small home without running water or a gas stove. His father worked […]

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World Health Day: How Immigrants are Helping to Keep America Healthy

Today marks World Health Day, and for the first time, the World Health Organization (WHO) will use the day to focus on spreading awareness for a disease that affects approximately 350 million people worldwide: diabetes. WHO is using a superhero-esque ‘Stay Super, Beat Diabetes’ theme to educate the public about this noncommunicable disease, its consequences, and […]

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When Immigrants Are Deported Without Their Belongings or IDs, They Are Placed in Even Greater Danger

26 Mexican nationals say the Department of Homeland Security (DHS) deported them from the El Paso Border Patrol sector, which covers West Texas and all of New Mexico, without their identification, money, cell phones and other possessions, exposing them to greater danger in Mexico and making it nearly impossible to contact friends and family or get […]

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Response to DHS’s request for comments in connection with a review of existing regulations (submitted April 13, 2011)

Reducing Regulatory Burden; Retrospective Review Under Executive Order 13563, 76 Fed. Reg. 13526 (Mar. 14, 2011)

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Velasquez-Garcia v. Holder – Seventh Circuit

One requirement of the age-preservation formula of the CSPA is that the beneficiary must have “sought to acquire” lawful permanent resident status within one year of the visa becoming available. INA § 203(h)(1). The Council’s amicus brief argued for a more expansive interpretation of “sought to acquire” than the BIA’s interpretation in Matter of O. Vasquez, 25 I&N Dec. 817 (BIA 2012). On July 23, 2014, the court issued a decision upholding the Board’s interpretation but remanding the case after finding that, under the facts presented, the retroactive application of Matter of O. Vasquez to the petitioner would work a manifest injustice. Velasquez-Garcia v. Holder, 760 F.3d 571 (7th Cir. 2014).

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Scialabba v. Cuellar de Osorio – Supreme Court

INA § 203(h)(3) provides alternate benefits – specifically, retention of the original priority date and automatic conversion of the petition – for beneficiaries who are found to have “aged out” under the age preservation formula of the CSPA. The Council opposed the BIA’s restrictive interpretation of this provision in In amicus curiae briefs filed with several Courts of Appeals and the Supreme Court, arguing that it should be found to apply to a larger universe of aged-out children. Ultimately, the Supreme Court upheld the BIA’s interpretation.

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Avalos-Palma v. United States – District Court for the District of New Jersey

The American Immigration Council and National Immigration Project of the National Lawyers Guild (NIPNLG) are seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents.

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