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Divided Fifth Circuit Denies Emergency Stay as Underlying Case on Immigration Action Proceeds

Released on Tue, May 26, 2015

Washington D.C. - In a disappointing decision, a divided panel of the Fifth Circuit Court of Appeals today denied the federal government’s request for an emergency stay of a preliminary injunction that has temporarily stopped President Obama’s deferred action initiatives from being implemented.

The court's order keeps in place the hold on implementation of these initiatives while the Fifth Circuit considers the appeal of the preliminary injunction itself. The Fifth Circuit will hear argument on the appeal in early July. The deferred action initiatives, announced last November, include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA) and could provide as many as 4 to 5 million immigrants with a temporary relief from deportation.

In the meantime, the underlying case is pending in the district court in Brownsville, TX before Judge Andrew Hanen. The case is still in the early stages of discovery. 

A similar suit challenging the President's actions filed by Maricopa County, Arizona Sheriff Joe Arpaio was dismissed by a Washington, D.C., federal court at the end of last year. It is currently on appeal before the D.C. Circuit Court of Appeals.Read more...

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Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

Released on Tue, May 26, 2015

Washington D.C.– Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication of their applications for employment authorization. Filed by the American Immigration Council, Northwest Immigrant Rights Project (NWIRP), Gibbs Houston Pauw, Scott D. Pollock & Associates, P.C., and Van der Hout, Brigagliano & Nightingale, LLP, the complaint alleges that USCIS’s policies and practices of failing to timely adjudicate applications for employment authorization documents (EADs) or, alternatively, failing to issue interim employment authorization, violate the governing regulations and the Administrative Procedure Act.  

By regulation, USCIS must either adjudicate EAD applications within a fixed time period or issue interim employment authorization. Yet, USCIS regularly fails to do either, leaving immigrants in a precarious position, unable to work legally and at risk of losing their jobs, related benefits and, in some states, their driver’s licenses. At a recent meeting with AILA members, USCIS representatives indicated that “USCIS no longer produces interim EADs.” Plaintiffs seek this Court’s intervention to compel USCIS to adjudicate EAD applications within the time period mandated by the regulations or, if the regulatory time period has expired, issue interim employment authorization. Read more...

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Government Shows No Signs of Backing Down on Family Detention

Released on Thu, May 14, 2015

Washington D.C. - Yesterday, Immigration and Customs Enforcement (ICE) announced efforts to “enhance oversight” to help ensure that families are detained in “safe and humane facilities” and in doing so demonstrated no signs of reevaluating its misguided family detention policy. The American Immigration Council welcomes efforts to increase access to legal counsel, improve detention conditions, and provide for more supervisory review of custody determinations, but yesterday’s announcement misses the mark. It is simply unlawful, inhumane, and unnecessary to detain children and mothers on a large scale, and the government must begin taking steps to roll back its strategy of detaining those fleeing violence and persecution.

This week, the American Immigration Council, along with other groups, toured the newly built family detention center in Dilley, Texas. As of Tuesday, 776 children and women were detained there, increased from an initial capacity of 480. Construction on the 50-acre property is scheduled to be completed by the end of the month, and ICE will have the capacity to detain 2400 individuals there. The scale is unprecedented, and as the population has grown, the need for legal services for the families has rapidly overwhelmed pro bono resources.

The CARA Family Detention Pro Bono Project is working onsite to meet with as many women as possible to help them navigate the complex immigration process. But as the population grows exponentially week after week—and given the sheer volume and speed at which legal proceedings are taking place—many women have no opportunity to even talk to a lawyer (let alone work with a lawyer to prepare) before their legal proceeding are underway or even completed. Read more...

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Unprecedented Coalition Ask Court to Reverse Texas Ruling Blocking Immigration Initiatives

Released on Tue, Apr 07, 2015

Washington D.C. - The Texas federal district court order that blocked parts of President Obama’s executive action on immigration was based on unproven or incomplete presentations to the court and should be reversed, civil rights and immigration advocates argue in an amicus (“friend-of-the-court”) brief in the case of State of Texas v. United States. Texas and 25 other states have sued the federal government to stop the implementation of initiatives that will provide temporary relief from deportation, but advocates maintain the president’s actions are legally sound.

Multiple legal briefs defending the deferred action initiatives were filed Monday with the Fifth Circuit Court of Appeals by a range of advocates, leaders, and elected officials. One of these briefs will be filed on behalf of more than 150 civil rights, labor, and immigration advocacy groups, led by the American Immigration Council, National Immigration Law Center (NILC), and the Service Employees International Union (SEIU).
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Immigrants’ Rights Groups to Provide Pro Bono Legal Services to Detained Families in Texas

Released on Tue, Mar 31, 2015

Washington D.C. – Immigrants’ rights and immigrant legal services groups are announcing the establishment of a family detention project to provide legal services to children and their mothers detained in Karnes City and Dilley, Texas, and to advocate for the end of family detention

The Catholic Legal Immigration Network, the American Immigration Council, the Refugee and Immigrant Center for Education and Legal Services, and the American Immigration Lawyers Association, collectively known as CARA, have joined forces in response to Immigration and Customs Enforcement’s (ICE) significant expansion of its family detention capacity. The opening of the “South Texas Family Residential Center” in Dilley, Texas — with an initial capacity of 480 beds and the potential to hold 2,400 individuals — and the detention of families at the “Karnes Residential Center” in Karnes City — with a current capacity of 532 beds and plans to double the number — reflect the Obama Administration’s continuing commitment to the flawed deterrence policy it began in June 2014 with the opening of a temporary family detention center in Artesia, New Mexico.  Read more...

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Preventing the Removal of Individuals Who Are Not Enforcement Priorities

This Practice Advisory, written in collaboration with the National Immigration Project of the National Lawyers Guild and updated after a federal judge in the Southern District of Texas temporarily blocked the implementation of the DAPA and Expanded DACA initiatives, offers strategies to prevent the removal of individuals who are not enforcement priorities, including those who are eligible for DAPA or Expanded DACA.

Published On: Thursday, March 19, 2015 | Download File

Prosecutorial Discretion Requests Under the Johnson Enforcement Priorities Memorandum

This Practice Advisory, co-authored by the American Immigration Council and AILA, provides a close reading of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants. It briefly discusses DHS’s new three-tiered enforcement prioritization scheme, the various exceptions to the enumerated priorities, use of detention, and steps the agency is taking to implement the new policies. This Practice Advisory has been updated to include information about guidance issued on April 6, 2015 to immigration judges and attorneys with ICE’s Office of the Principal Legal Advisor regarding implementation of Secretary Johnson’s memorandum.

Published On: Tuesday, May 5, 2015 | Download File

New and Updated Practice Advisories on Prosecutorial Discretion

Released on Thu, Mar 19, 2015

Washington, D.C. – The American Immigration Council and the American Immigration Lawyers Association are pleased to announce a new practice advisory entitled Prosecutorial Discretion Requests Under the Johnson Enforcement Priorities Memorandum. This Practice Advisory provides a close reading of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants. It briefly discusses DHS’s new three-tiered enforcement prioritization scheme, the various exceptions to the enumerated priorities, use of detention, and steps the agency is taking to implement the new policies.Read more...

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Groups File Lawsuit Challenging Failures of CBP to Respond to FOIA Requests

Released on Fri, Mar 13, 2015

Washington, D.C. — Yesterday, a class action lawsuit was filed by three immigration attorneys and eleven noncitizens challenging U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act (FOIA). FOIA gives an individual the right to access information that the federal government possesses about him or her within 20 business days of making the request. CBP routinely fails to provide requested documents within 20 days, but instead takes months—and in many cases more than a year—to provide documents. Plaintiffs and others like them are forced to delay filing applications for lawful permanent residence while they wait for necessary documents from their own case files. By bringing this case as a class action, the plaintiffs seek to remedy CBP’s system-wide failures in its management of FOIA requests. The case was filed by the Law Offices of Stacy Tolchin, Northwest Immigrant Rights Project, National Immigration Project of the National Lawyers Guild, and the American Immigration Council.

The complaint in Brown et al. v. U.S. Customs and Border Protection alleges that such routine and excessive delays are unjustified from CBP, the agency with the largest budget within the Department of Homeland Security. The lawsuit was filed on Friday, March 13, in federal court in San Francisco.

Lawyers for the plaintiffs are asking the Court to issue a nationwide injunction ordering CBP to respond to pending FOIA requests within 60 business days of the Court’s order and to respond to future FOIA requests within the statutory period. Read more...

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Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

Released on Tue, Feb 17, 2015

Washington D.C. - Late last night, a Texas judge issued a preliminary injunction that temporarily blocks the implementation of President Obama’s new deferred action initiatives. These initiatives, announced last November, came in response to more than 10 years of political stalemates and failure by Congress to address America’s broken immigration system and alleviate the pain endured by millions of families around the country. The President’s announced initiatives will provide temporary relief from deportation to approximately 5 million undocumented immigrants currently living in the United States. 

The new deferred action initiatives, which include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA), are based on the well-established authority of Presidents and other executive branch officers to allocate and prioritize finite enforcement resources. This practice is used by prosecutors and other law enforcement personnel on daily basis. The judge’s order, issued just two days before the government was set to begin the DACA expansion, bars federal immigration officials from implementing “any and all aspects” of the new deferred action initiatives.

The following is a statement by Melissa Crow, Legal Director at the American Immigration Council:

“Today’s decision is only the first round in what will clearly be a much longer legal battle. Already, the White House has promised that the Justice Department will appeal the judge’s decision, and we urge them to do so in an expedited manner. We expect higher courts to overturn the judge’s decision based on well-established precedent.Read more...

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