Because the process for an immigrant worker to become a lawful permanent resident can be quite lengthy, Congress enacted a provision in 2001 that gives immigrant workers needed job flexibility. A worker with an approved visa petition and a pending application for permanent residence can change jobs during the transition period if the new job is the same or similar to the job for which the original visa was approved. In a precedent decision issued in 2005, the BIA ruled that an immigration judge did not have jurisdiction to decide whether an applicant’s new job was the same or similar to the prior job. Matter of Perez-Vargas, 23 I&N Dec. 829 (BIA 2005). This effectively prevented many noncitizen workers who had changed jobs in accordance with the law from having their permanent resident applications approved.
The Legal Action Center successfully challenged this decision in several courts of appeals. These decisions and our arguments, in turn, persuaded the BIA to withdraw Matter of Perez-Vargas and issue a new decision finding that immigration judges do have jurisdiction to decide this issue.
Ahmad v. Mukasey, No. 08-4081 (2d Cir. amicus brief filed Jan. 16, 2009) (remanding case to BIA for new decision in light of the Board’s decision in Matter of Neto).
Matter of Neto, No. A095-861-144 (BIA amicus brief filed Aug. 27, 2009). In a precedent decision, the BIA adopted the position of the Legal Action Center and vacated Matter of Perez Vargas. Matter of Neto, 25 I&N Dec. 169 (BIA 2010).Read more...
Studying immigration brings to light the many interesting and diverse cultures in the world. Browse our lessons, printables, references, and articles below for ideas on how to enhance your curriculum in this area. You'll find statistics on U.S. immigration, lessons on Ellis Island, information on the Pilgrims, and much more for grades K-12. Improve students' reading skills as they learn about the lives of immigrants with our language arts activities.
According to the Immigration Policy Center the U.S. employment-based immigration rules are not in line with U.S. labor needs. Only 5,000 green cards per year are given to less skilled workers such as landscapers, hotel staff, and construction workers. This inadequate number of available green cards is “the crux of the unauthorized immigration problem in the U.S.,” according to an October 2010 Fact Sheet by the center.
In contrast with criminalproceedings, removal proceedings include only minimal safeguards for respondents with mental disabilities. This page contains summaries of select cases addressing the rights of noncitizens with mental disabilities.
Federal Court Decisions
Franco-Gonzalez v. Holder, No. 10-02211 (C.D. Cal. Apr. 24, 2013): Federal Judge Orders Government to Provide Counsel to Detained Immigrants with Mental Disabilities Facing Deportation
In March 2010, attorneys from the ACLU of Southern California filed a petition for writ of habeas corpus in a California federal district court on behalf of Jose Antonio Franco-Gonzalez, a Mexican citizen with a cognitive disability who had been in immigration detention for more than five years. Several months later, the ACLU and other organizations and attorneys filed a class action lawsuit on behalf of Mr. Franco-Gonzalez and other detained unrepresented individuals with serious mental disorders in removal proceedings in California, Arizona, and Washington. The complaint stated that the government was required to 1) conduct competency evaluations for all those who the government knows or should know may be incompetent to represent themselves, 2) appoint attorneys for those found in need of counsel as a result of the evaluations, and 3) conduct custody hearings for those who face prolonged detention as a result of the delays caused by their mental disabilities. As a result of the habeas petition, ICE released Mr. Franco-Gonzalez from custody.Read more...
While the loss of Head Start would be devastating, it would be far from the only loss the Bluegrass State would suffer if SB 6 became law. The American Immigration Center's Immigration Policy Center recently projected that passage of this bill would cost Kentucky $1.7 billion in economic activity and more than 12,000 jobs.
Less than a year ago, Utah business leaders worried that their state would follow in Arizona’s controversial footsteps by passing tough new laws to crack down on illegal immigration. Already, there were signs that a divisive debate — the kind that led to mass protests, boycotts and lawsuits in Phoenix — was shaping up in Utah, too.
“Last summer, it was a foregone conclusion that Utah was going to do exactly what Arizona had done,” says Marty Carpenter, a spokesman for the Salt Lake Chamber of Commerce. That worried many of the chamber’s members.
They feared Arizona-style legislation would stall the state’s economy before it really got a chance to recover from the recession. In addition, it might undermine the international goodwill Utah built by hosting the 2002 Winter Olympic Games. Passing a law targeting unauthorized immigrants, Carpenter says, risked sending the message that Utah “was no longer a friendly and welcoming place.”
In July, a pair of state employees secretly leaked a list of 1,300 unauthorized immigrants to reporters and police. They demanded that the people on the list be deported. The list included names, addresses, birthdates and Social Security numbers. It even included the due date of a pregnant woman.
The same month, three Utah legislators, including the House speaker, toured the U.S.-Mexican border in Arizona as part of their effort to prepare legislation based on Arizona’s Senate Bill 1070, empowering local police to question residents about their immigration status. When sponsors introduced the Arizona-style proposal on the steps of the Utah Capitol, dozens of protesters crashed the press conference and sang “We Shall Overcome.”Read more...