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Legal Action Center Pursues Campaign to Protect Judicial Review

Washington D.C. – In a continuing effort to protect the right to judicial review and promote greater federal court oversight of immigration decisions, the American Immigration Council’s Legal Action Center (LAC) recently submitted an amicus brief in another case involving a sua sponte motion to reopen. A three-judge panel in this case, Salado-Alva v. Holder, […]

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The U.S. Economy Still Needs Highly Skilled Foreign Workers

It might seem that persistently high unemployment rates over the past few years have rendered moot the debate over whether or not the United States really “needs” the highly skilled foreign workers who come here on H-1B temporary visas. But the demand for H-1B workers still far outstrips the current cap of only 65,000 new H-1B visas that can be issued each year. In fact, from fiscal year 1997 to 2011, employers exhausted this quota before the fiscal year was over (except from 2001 to 2003, when the ceiling was temporarily increased). As a number of studies make clear, the presence in a company of highly skilled foreign workers whose abilities and talents complement those of native-born workers actually creates new employment opportunities for American workers. Yet the arbitrary numerical limits placed on H-1Bs are incapable of responding to the changing demand for H-1B workers. This is unfortunate, given that the international competitiveness of the U.S. economy will continue to depend heavily on the contributions of H-1B professionals and other high-skilled workers from abroad for many decades to come.

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New Census Data Suggest Nativists May Be Headed for Extinction

Newly released data from the 2010 Census reveal the rapid growth of something that is anathema to the nativist agenda: ethnic diversity. The data, analyzed in reports from the U.S. Census Bureau and the Pew Hispanic Center, show that the numbers of Hispanics and Asians in the United States are rising fast. This does not […]

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Tide Turning Against Authors of Restrictive Immigration Measures

Over the last few weeks, the media has slowly picked up on the tepid response state legislatures have given to copycat immigration enforcement measures, noting the gradual cooling of enthusiasm and support for these highly divisive measures. Lawmakers, under pressure from business groups, have already shot down enforcement measures in Arizona, Colorado, Iowa, Kentucky, Nebraska, […]

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Constitutional Citizenship: A Legislative History

Attacks against the Citizenship Clause of the 14th Amendment have picked up in recent months, with legislators at both the national and state levels introducing bills that would deny U.S. citizenship or “state citizenship” to the children born to unauthorized immigrants in the U.S.
There are two strands of attacks on birthright citizenship. One strand arises out of simple nativist anger at the impact of immigrants, legal or otherwise, on society. The other argues that the current interpretation of the Citizenship Clause as covering the children of “illegal” immigrants is inconsistent with the “original intent” of the Framers of the 14th Amendment. Originalism is often used as a method to clarify unclear portions of constitutional text or to fill contextual gaps in the document. This is not, however, how originalism is being used in the context to the Citizenship Clause. Here, originalists use clever arguments and partial quotations to eradicate the actual text of the Amendment. In essence, they claim the Framers did not really mean what they said.

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Access to Counsel Before ICE

The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) to compel the release of records relating to noncitizens’ access to counsel.

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Immigrant Entrepreneurs May Speed Up Our Economic Recovery

As America’s economic recovery continues to be a national priority, leaders on both sides of the aisle are finally beginning to look at reforming our nation’s immigration system as a strategy for promoting job creating and growth. President Obama commented in his State of the Union Address that instead of expelling immigrants, we should make […]

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Businesses Warn State Lawmakers That Immigration Legislation Will Break the Bank

As many state legislative sessions come to a close, lawmakers are giving serious thought about proceeding with restrictive immigration legislation. Legislators in some states (Colorado, Iowa, Kentucky, Nebraska, New Hampshire, South Dakota, Virginia, Wyoming, and most recently, Arizona) have canned restrictive enforcement legislation due to prohibitive costs and push back from business and community groups […]

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Foreign-Born to Help Fill Gap in U.S. Doctors

While Americans are justifiably worried about high unemployment levels and the “jobless recovery,” Reps. Lamar Smith, Steve King, and Elton Gallegly are attempting to use America’s concerns as an opportunity to pass more restrictive immigration policies. In fact, immigration restrictionists across the country have taken advantage of the poor economy to push their anti-immigrant agenda. […]

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Report on Birthright Citizenship Low on Facts, High on Fantasy

Sometimes it’s easy to miss the most outlandish and unrealistic statements made in the immigration debate given the level of dialed up rhetoric. A recent report from the Center for Immigration Studies (CIS), however, appears to have been written to test just how far into the realm of fantasy the debate can be taken. In […]

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