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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).
Read MoreAshcroft v. Abbasi (formerly Turkman v. Ashcroft) – U.S. Supreme Court
The Council, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), is seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority by immigration agents. In actions brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the government routinely moves to dismiss these cases on a variety of jurisdictional grounds, including by arguing that INA § 242(g) bars the court’s review of damages claims in any case involving removal procedures, and that a remedy under Bivens is not available in immigration-related actions. In essence, the government is attempting to deprive those who have been harmed by immigration agents of any remedy in federal court.
Read MoreRamirez v. Dougherty – Ninth Circuit
The Council, with the American Immigration Lawyers Association, filed this amicus brief arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible.
Read MorePerez Santana v. Holder – First Circuit
The American Immigration Council, working with the National Immigration Project of the National Lawyers Guild, has repeatedly challenged the “departure bar,” a regulation that precludes noncitizens from filing a motion to reopen or reconsider a removal case after they have left the United States. The departure bar not only precludes reopening or reconsideration based on new evidence or arguments that may affect the outcome of a case, but also deprives immigration judges and the Board of Immigration Appeals of authority to adjudicate motions to remedy deportations wrongfully executed, whether intentionally or inadvertently, by DHS. We argue that the regulation conflicts with the statutory right to pursue reopening and, as interpreted by the government, is an impermissible restriction of congressionally granted authority to adjudicate immigration cases.
Read MoreHuman Rights Commission Holds Hearing on Refugee Children and Families Seeking Protection
Earlier this week the Inter-American Commission on Human Rights held a thematic hearing on the “Human Rights Situation of Migrant and Refugee Children and Families in the United States.” A broad national coalition of advocacy groups and legal service providers, led by the University of Pennsylvania’s Transnational Law Clinic, prepared and presented testimony and recommendations to […]
Read MorePolls Show Millennials More Likely to Reject Deportation and Support Path to Citizenship
In contrast to the virulent anti-immigrant rhetoric coming from several presidential candidates, new polling shows that the majority of Americans – 62 percent – support allowing undocumented immigrants to legalize and become U.S. citizens, while only 19 percent said they should be deported. Even in Arizona, a state known for its anti-immigrant legislation, more than […]
Read MoreIs It Time to Change the H-1B Visa Cap?
On April 1, employers will submit their petitions for H-1B visas for high-skilled temporary workers. The start of the H-1B season, when U.S. employers turn their attention toward hiring foreign talent, provides an opportunity for policymakers to consider whether it is time to change the cap on the number of visas available each year to […]
Read MoreCEO of $40 Million Company Says Keeping Undocumented Immigrants in the Shadows Wastes Talent and Stalls Business Growth
Thirteen years ago, Colombian-born entrepreneur Claudia Mirza and her husband, Azam, a native of India, co-founded Akorbi, a language-translation business based in Plano, Texas. Today, Akorbi has grown into a global business-solutions firm, providing localization services and multilingual staffing and marketing to companies such as Google, Aetna, and Blue Cross Blue Shield. The company employs […]
Read MoreWeekend Reading: Highlights from this week’s immigration news (March 21 – 25)
In his March 24 column, the Boston Globe’s Jeff Jacoby argues that mass deportations would leave America poorer. Jacoby cites a 2015 study from the American Action Forum that says it would take 20 years to expel all undocumented immigrants living in the United States and would “cost the federal government at least $400 billion […]
Read MoreStudy: Immigrants Founded 51% of U.S. Billion-Dollar Startups
A new non-partisan study on entrepreneurship gives some credence to the tech industry’s stance that American innovation benefits from robust immigration. The study from the National Foundation for American Policy, a non-partisan think tank based in Arlington, Va., shows that immigrants started more than half of the current crop of U.S.-based startups valued at $1 […]
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