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Social Justice Groups Rally Against Racial and Immigrant Profiling

Published on Sun, Feb 13, 2011

According to the Washington D.C. based non-profit Immigration Policy Center, when a person is arrested and booked into jail, "...his or her fingerprints are checked against the U.S. Visitor and Immigrant Status Indicator Technology Program (US-VISIT), and the Automated Biometric Identification System (IDENT)...This fingerprint check allows state and local law enforcement and ICE automatically and immediately to search the databases for an individual’s criminal and immigration history."

When a match between the person and an immigration violation arises, the federal Immigration and Customs Enforcement Agency (ICE) and local law enforcement are notified, and a "detainer" or an order to hold the person arrested is issued, giving federal authorities jurisdiction over that individual, according to the Center's fact sheet.

Published in the Open Media Boston

Litigation Clearinghouse Newsletter Vol. 1, No. 8

This issue covers Supreme Court Review of an Aggravated Felony Case, Jurisdiction over Natz Delays Actions, and LGBT and HIV Based Asylum Claims.

Published On: Tuesday, April 4, 2006 | Download File

Latest GOP Fear Mongering Issue: ‘Birth Tourism’

Published on Wed, Apr 06, 2011

Republicans like Reps. David Vitter and Mike Lee and Sens. Rand Paul and Jerry Moran all built platforms on their “pro-family” politics. So, what does it take for these men to paint childbirth as “reprehensible?” You guessed it: these GOP lawmakers are again thumping their drums against “birth tourism,” an illusory epidemic in which illegal immigrants are traveling to the United States to give birth, thus guaranteeing their child, derided by these men as “anchor babies,” national citizenship.

“It is a reprehensible practice,” said Vitter, a Louisiana Congressman whose career survived revelations that he hired hookers.

Hoping to put an end to these illegal immigrants’ life-giving ways, these Republican leaders have drafted legislation that would “correct” a misinterpretation of the 14th amendment, which clearly reads, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” and restrict citizenship to children born to at least one citizen, someone in the military or a legal resident.

Opponents of the legislation not only point out that “birth tourism” hardly represents the trend Rand Paul and company claim (only 7,670 of the 4.2 million babies born in the U.S. in 2006 were by mothers who don’t live here) but also insist that the Republican leaders are playing with constitutional fire.

“The Supreme Court has upheld birthright citizenship several times, and the leading constitutional scholars agree you would have to change the Constitution, not just the Immigration and Nationality Act as they’re trying to do here,” said Michele Waslin from the Immigration Policy Center.Read more...

Published in the Death and Taxes Magazine

IJ's Jurisdiction to Apply INA § 204(j)

ARCHIVED ISSUE PAGE (LAST UPDATED JANUARY 2010)

In Matter of Perez Vargas, 23 I&N Dec. 829 (BIA 2005), the BIA held that immigration judges lack jurisdiction to determine whether an approved I-140 remains valid under INA § 204(j). Section 204(j) provides that, for purposes of an adjustment application that has been pending for more than 180 days, an approved I-140 visa petition remains valid even if the adjustment applicant changes jobs, so long as the new job is in the same or similar occupational classification. Several courts of appeals rejected the BIA’s holding, and in January 2010, the BIA reversed itself in Matter of Neto, 25 I&N Dec. 169 (BIA 2010).

Latest Developments|Additional Resources

Latest Developments

BIA Overturns Matter of Perez-VargasRead more...

Collaborative Learning at the Kauffman Foundation

May, 2010

Usually we select one trainee or intern as our Exchange Visitor of the Month. For May, we have decided to highlight a group of trainees. While the majority of our trainees and interns are the only J-1 visa holders at their host companies, some companies choose to have many trainees or interns at once. This is the case with the Ewing Marion Kauffman Foundation in Kansas City, Missouri, an organization that, according to its mission statement, “works nationwide to catalyze an entrepreneurial society in which job creation, innovation, and the economy flourish.” Read more...

Immigrant organizations call for action on immigration reform

Published on Thu, May 12, 2011

The reaction from different pro-immigrant organizations to President Obama’s speech this week on immigration was mixed, but all tend to agree the administration needs to lead with action.

In his speech President Obama spelled out on his administrations increases on border security, adding that they have gone above and beyond what was requested by the people supported broader reform as long as there was more enforcement, but now are calling even more enforcement to ensure the border is secure before talking about comprehensive immigration reform. At the same time, immigrant advocacy groups are calling on the president to put a stop to detentions and deportations – other words, to scale back enforcement until lawmakers can fix the system as a whole.

Jonathan Fried of Homestead-based We Count said that president Obama made this speech to boost his ratings with Latino and other immigrant voters, adding that Obama has failed to move immigration reform while his enforcement policies have separated immigrant families.

“It is fine for him to say he’s starting another dialog in immigration but their isn’t anything new,” Fried said, “I think it is an effort to save face and get votes.”

“It is not accompanied by a legislative proposal, if he really wants to send a message he needs to look at what his administration is doing,”Fried added.

The National Alliance of Latin American and Caribbean Communities press release said that despite Democratic Party majorities in the House and Senate over the last two years no immigration policy reform was enacted, and called on the Obama Administration to change its current enforcement approach.Read more...

Published in the Florida Independent

Supreme Court Reverses Second Circuit Decision on Post-9/11 Detention Suit

Ashcroft v. Iqbal, 556 U.S. 662 (2009)

On May 18, 2009, a divided Supreme Court reversed the Second Circuit's decision upholding the denial of a motion to dismiss respondent's complaint alleging constitutional violations by defendants. Following his arrest and detention for more than 150 days in a maximum security detention center after 9/11 attacks, respondent Iqbal, who is a Muslim and a native of Pakistan, filed a lawsuit against then-Attorney General, John Ashcroft and other officers and officials. The complaint alleged that government officials adopted an unconstitutional policy of subjecting certain individuals to harsh conditions of confinement based on their race, religion, or national origin. Iqbal claimed that petitioners violated his First and Fifth Amendment rights. Read more...