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Litigation Clearinghouse Newsletter Vol. 5, No. 2

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This issue covers an upcoming Supreme Court argument on the aggravated felony definition; a decision in a suit challenging a state law regulating verification of employment eligibility; favorable court of appeals asylum decisions; litigation resources, and highlights from the LAC (including litigation involving federal court jurisdiction and the Child Status Protection Act, and advocacy around the asylum clock).

Published On: Wednesday, March 17, 2010 | Download File

State's fast-growing Hispanic community seeks greater political voice

Published on Sun, May 01, 2011

Through two recessions, the number of Hispanics in South Carolina spiked more rapidly than anywhere else in the country in a boom that’s remaking sections of the Upstate and could soon put more Latinos into public life.

Business leaders say Hispanic small business owners now make up a key economic driver and that the growth is a likely prelude to more entering politics as the population finds its voice.

All told, the 2010 census counted nearly 236,000 Hispanics in the state, a 148 percent jump from 2000 that accounts for a quarter of the state’s total growth, though that’s partly due to a more rigorous count.

The number of Hispanic children in the state increased by 192 percent, an increase that also led the nation, according to census calculations by the Pew Hispanic Center.

Greenville County has the state’s largest Hispanic population, and it has increased by 156 percent since 2000 to 36,495 or 8 percent of the total population.

Longtime Greenville entrepreneur Ruben Montalvo believes the official census numbers are still “way, way under” the actual Hispanic population, which be believes is closer to the national average of 14 percent of the total Greenville population.

Perhaps 4 percent can vote, however, and when you add the communication challenge for many Hispanics and the national debate over immigration, he said it’s “naïve” to believe the population will be fully represented politically.

The demographic is still nowhere near the size and concentration to trigger minority voting districts under federal civil rights law, but the next likely step is more Hispanics moving into public leadership, said Dean Hybl, executive director of the regional collaborative nonprofit Ten at the Top.

It’s now the interim phase, said Wifredo Leon, publisher of Latino Newspaper, in which the population size has become substantial but hasn’t yet developed politically.Read more...

Published in the Greenville News

Enforcement, Detainers

ARCHIVED ISSUE PAGE (LAST UPDATED JUNE 2013)

Challenging the Use of ICE Immigration Detainers

Under 8 CFR. § 287.7, an “authorized immigration officer” may issue Form I-247, Immigration Detainer – Notice of Action, to a law enforcement agency (LEA) that has custody of an alleged noncitizen. A detainer is a request that an LEA notify ICE prior to releasing the individual so that ICE may make arrangements to assume custody within 48 hours after the person would otherwise have been released.

In June 2011, ICE released a new detainer form. According to ICE, the new form more clearly indicates that state and local authorities may not detain an individual for more than 48 hours; that local law enforcement authorities are required to provide arrestees with a copy of the detainer form, which has a phone number to call if the subject of the detainer believes his or her civil rights have been violated; and that ICE has flexibility to issue a detainer contingent on conviction. It remains to be seen whether changes to the form will resolve longstanding problems with detainers that increasingly have resulted in litigation.

Lawsuits generally have challenged local law enforcement authorities’ unlawful practice of holding noncitizens on expired detainers. Below is a non-exhaustive list of cases that have addressed immigration detainer issues.


California

Roy v. Los Angeles County, No. 12-9012 (C.D. Cal. filed October 19, 2012)Read more...

A Conversation with Klaas Frese

April, 2011

Congratulations to Klaas Frese, our Exchange Visitor of the Month! Klaas came to Pennsylvania from Germany to train in the area of freight forwarding. We caught up with Klaas after a recent trip to Las Vegas to learn more about his experience in the United States.

Read more...

Criminal immigration prosecution numbers continue to rise

Published on Tue, Jul 05, 2011

The Southern and Middle Federal Judicial Districts of Florida were among the top 10 districts in the nation in the number of criminal immigration prosecutions in the first six months of fiscal year 2011.

New data from the Transactional Records Access Clearinghouse at Syracuse University shows that criminal prosecution for illegal reentry was the most commonly recorded lead charge brought by federal prosecutors — accounting for nearly half of all criminal immigration prosecutions filed.

The data shows that the Florida districts have contributed more than 420 criminal immigration prosecutions, while clearly showing that the vast majority of these cases occur in the Southwest border states.

The Transactional Records Access Clearinghouse report notes that individuals who are not criminally prosecuted may be deported administratively. It adds that the vast majority of immigration apprehensions are dealt with via administrative actions such as “removals” and “voluntary departures.”

The data shows a steady rise of criminal prosecutions for illegal reentry, a felony offense, from 2009 through 2011. According to the authors, this charge has surpassed illegal entry as the most common federal immigration prosecution charge.

Commenting on this data, the Immigration Policy Center states that comparing the prosecution for illegal reentry data with prosecution for weapons-related offenses shows that the “federal government is prioritizing immigration enforcement over potentially far more dangerous activities, such as gun smuggling.”

According to the Policy Center, the data shows that while more than 18,500 cases of illegal reentry were prosecuted, “the number of weapons prosecutions continues to decline. In the month of January 2011 there were only 484 new weapons prosecutions—the lowest level since January 2001. Weapons prosecutions are down 7.9% from this time last year, and 28.8% from 2006.”Read more...

Published in the Florida Independent

Second or Subsequent Possession Conviction is Not an Aggravated Felony

Carachuri-Rosendo v. Holder, 560 U.S. 563 (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...

Policy Report Reveals New Mexican Migration Patterns

Published on Thu, Sep 08, 2011

WASHINGTON, D.C. – The Immigration Policy Center released a summary of recent data on Mexican migration to and from the United States. The data reveals an emerging new reality: fewer immigrants are coming, fewer are leaving, and a majority of the unauthorized population has been here for a decade or longer.

Although this data deals with Mexican immigrants as a whole and not just the unauthorized, it is a useful indicator of what is taking place in the unauthorized population. More than half (55 percent) of Mexican immigrants in the United States are unauthorized, and roughly three-fifths (59 percent) of all unauthorized immigrants are from Mexico.

The study comes on the heels of reports from the Pew Hispanic Center and the RAND Corporation about the state of immigration today. According to the Immigration Policy Center, the new trends suggest that U.S. immigration policies must transition away from the current efforts to drive out unauthorized immigrants with deep roots in this country, and move toward a more nuanced set of policies that help immigrants who are already contributing to the economy to more fully integrate into U.S. society.

Published in the New America Media

LAC Wins Release of H-1B Fraud Documents for AILA

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

November 9, 2012

Washington, D.C.—USCIS released in full the four remaining contested documents in a FOIA lawsuit brought by the American Immigration Council’s Legal Action Center (LAC) and Steptoe & Johnson LLP on behalf of AILA. The documents plainly describe - in more detail than documents previously released in this lawsuit - “fraud indicators” that result in greater scrutiny of certain H-1B applications. These documents are troubling evidence of a near presumption of fraud in H-1B applications submitted by small and emerging businesses and for certain types of positions at these businesses.  The following documents were released:

Background of the LawsuitRead more...