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Perez 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 MoreTexas and Other 25 States File Misleading Brief at Supreme Court
This week, Texas and the 25 other states challenging the President’s executive actions on immigration filed their brief with the Supreme Court in United States v. Texas. The brief attempts to defend the Fifth Circuit’s decision to block expanded DACA and DAPA from being implemented, but instead makes entirely confusing arguments and sets forth inaccurate […]
Read MoreReligious Leaders, Formerly Detained Families, and Advocates Protest Family Detention at White House
Protesters gathered in Lafayette Square just across from the White House on Monday. The protest coincided with the 138th annual White House Easter Egg roll. As families inside enjoyed the annual White House festivities, protesters outside the gates highlighted the plight of detained immigrant families. On a day filled with tradition and meaning for so […]
Read MoreDistrict Court Holds Hearing in Case About Kids’ Right to Attorneys in Immigration Court
A federal district court in Seattle heard arguments in a lawsuit on Thursday seeking to ensure that all children in immigration court have legal representation. The case received a flurry of attention when press reports revealed that an immigration judge deposed in the case said he had successfully taught three-year-olds immigration law. The focus of […]
Read MoreMexican Immigrant Creates Jobs and Opportunity for American Workers in Greenville
When Mexican native Ruben Montalvo first came to the United States at age 24, he was so sure his visit was temporary that he kept an open return ticket home. As valedictorian from his university, where he had received an engineering degree, he’d been reluctant to leave his cushy job in Mexico City with General […]
Read MoreCustoms and Border Protection Releases Independent Review of Its Complaints System
As part of its announced efforts to become more transparent and accountable, U.S. Customs and Border Protection (CBP) just released the results of a review of its processes for handling allegations of employee misconduct. The review, which was conducted by an independent consulting firm and completed four months ago, yielded 19 findings and 62 recommendations. […]
Read MoreIdaho Veterinarian Sees Troubling Labor Challenges in Clients’ Businesses
Elizabeth Kohtz grew up on a family farm in Idaho where her father relied on migrant workers to keep the dairy running. Immigration policy limited his access to workers. Today, Kohtz works as a dairy veterinarian and sees the same troubling labor challenges play out in her clients’ businesses. When Elizabeth Kohtz was a young […]
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