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Litigation Clearinghouse Newsletter Vol. 1, No. 2

This issue covers "Arriving Aliens" and Adjustment of Status, Drug Possession Cases at the Supreme Court, and Jurisdiction to Review Asylum One Year Bar Decisions.

Published On: Tuesday, December 20, 2005 | Download File

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

Enforcement, Lawsuits

ARCHIVED ISSUE PAGE (LAST UPDATED AUGUST 2011)

ICE has expanded its enforcement activities, resulting in many highly publicized and criticized enforcement actions at workplaces and in homes and local communities. ICE also is employing local and state officers in some of these actions. This Litigation Issue Page highlights litigation challenging the legality of enforcement activities.

Unlawful Searches and Seizure (outside the workplace)|Worksite Raids|Additional Resources

Unlawful Searches and Seizure (outside the workplace)

Arizona 

Suit Challenged Unlawful Stop; Alleged Ethnic Profiling
Mora v. Arpaio, No. 09-01719 (D.Ariz. dismissed July 13, 2011)
(CASE CLOSED)

An LPR and his U.S. citizen son filed a suit against Sheriff Joseph Arpaio and several other Maricopa County officials, charging that sheriff’s deputies unlawfully stopped their vehicle on a public street, then searched and detained them for several hours during an immigration-related raid at a worksite 100 yards away. Plaintiffs charge, inter alia, that they were targeted because of their ethnicity and/or perceived national origin and were subjected to unreasonable search and seizure. Plaintiffs claim that the deputies’ actions in this case form part of a pattern or practice of constitutional violations by the Maricopa County Sheriff’s Office in its conduct of immigration enforcement raids. Plaintiffs are seeking declaratory relief and compensatory and punitive damages.Read more...

Chairy Saidjan Embraces American Culture

March, 2009
Chairy Saidjan

The Exchange Visitor Program is pleased to announce Chairy Saidjan as March's Exchange Visitor of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American Culture. Read more...

Guest commentary: Michigan should avoid divisive immigration laws

Published on Thu, Jul 14, 2011

Gov. Rick Snyder on Monday will make his first major policy speech on immigration. Snyder already has signaled his opposition to an Arizona-style immigration bill, saying any such measure would further divide our state. Here's why that's a wise position.

Our immigration system has no capacity to deal with some 12 million undocumented people already in this country. Deportation is tearing families apart, and a backlog in processing applications creates agonizingly long wait times. Reports of overzealous immigration enforcement -- including stakeouts at a Detroit elementary school -- are only the most recent examples of why we must overhaul this system. But fair, humane legislation demands a comprehensive approach from the White House, not the statehouse.

Immigration bills were introduced in 23 states last year. At least five states have enacted "show me your papers" laws. Arizona blazed the path in 2010 with a sweeping measure that makes it a crime for people to fail to carry immigration documents, and gives police broad powers to detain anyone suspected of being in the country illegally.

A blatantly unconstitutional Alabama law goes even further, requiring school officials to verify the immigration status of children and their parents, authorizing police to demand papers during traffic stops, and even criminalizing Alabama residents for day-to-day interactions with undocumented individuals.

Such patchwork, state-by-state measures virtually guarantee the proliferation of racial profiling -- an issue with which the Arab-American community is all too familiar.Read more...

Published in the Detroit Free Press

Second or Subsequent Possession Conviction is Not an Aggravated Felony

Carachuri-Rosendo v. Holder, 560 U.S. ___, 130 S. Ct. 2577 (2010)

The Supreme Court held that a second or subsequent simple drug possession conviction does not qualify as an aggravated felony under INA § 101(a)(43)(B) (“drug trafficking crimes”) and therefore does not preclude a lawful permanent resident from applying for cancellation of removal. Read more...

Q&A with Marloes Schenk

February, 2012

Congratulations to Marloes Schenk, our Exchange Visitor of the Month. We recently caught up with Marloes to learn more about her J-1 training experience.

Read more...

Going Beyond The Politics Of Discretion In The American Immigration System

Published on Fri, Sep 02, 2011

The ability of whether the President can use discretion in the immigration arena has become the flavor of the month. The announcement by the DHS on August 18, 2001 under which 300,000 individuals who are low priority can hope to have their cases closed and obtain work authorization was welcomed. The details about how this policy will play out are nicely explained in a Legal Action Center advisory. Although many were pleasantly surprised by this policy, within days of the announcement even advocates for immigration reform have become skeptical about whether this policy will have a dramatic and far reaching impact. Obama supporters have even gone so far to accuse the Obama administration for mere window dressing in order to keep certain voters on his side in the next elections. Commentators such as Dan Kowalski also justifiably feel that ICE personnel will continue to ignore this policy, and choose not to exercise their discretion favorably.

While the President has his critics within the pro-immigration camp regarding his new announcement on discretion, the attempt by immigration restrictionists in Congress to blunt the June 17, 2011 Morton Memo on prosecutorial discretion when viewed in a larger context repeats an old pattern. For instance, Congressmen Lamar Smith (R-TX) and Senator Vitter have proposed a most unusual piece of legislation suitably called the HALT Act (Hinder the Administration’s Legalization Temptation Act) that will suspend all of the Administration’s discretionary relief until January 21, 2013, which is the day after the next Presidential inauguration.Read more...

Published in the Immigration Daily

2012 Winter Holiday Closing Announcement: December 24th - January 1st

November 28, 2012-- The American Immigration Council's offices will be closed from 12/24/12 - 1/1/13

The International Exchange Center will be closed during the week from Christmas Eve through New Years Day.

All applications that we receive in our office after December 18th will not be reviewed until January 2nd at the earliest. Applications received on or before December 18th will be reviewed by December 21st, but our staff will not be conducting webcam interviews or issuing DS 2019 forms during the period of December 24th - January 1st. Read more...