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Immigration slowdown due to economy, not enforcement

Published on Thu, Sep 09, 2010

While the Department of Homeland Security has taken credit for a significant drop in unauthorized immigration since 2007, pointing to increased enforcement by the Obama administration, the the decline is actually most likely due to the recession, according a new report by the Immigration Policy Center, the research and policy arm of the American Immigration Council.

Published in the New Mexico Independent

Habeas Corpus

Pursuant to 28 U.S.C. § 2241, noncitizens may file habeas actions if they are held in immigration “custody” by the federal government in violation of the Constitution, laws, or treaties of the United States. Noncitizens face many practical hurdles in filing habeas petitions, including detention in remote locations and the government’s practice of transferring detainees between facilities. These problems are exacerbated when courts adopt the inflexible “immediate custodian” rule—which requires naming the person with immediate, day-to-day control over the petitioner as the respondent—since the case always must be filed where the person is detained. The LAC has appeared as amicus curiae in cases before the federal courts of appeals to urge the adoption of a more flexible approach allowing either the Attorney General or the Secretary of DHS to be named as the proper custodian in habeas petitions.

CASESRESOURCES

CASES

Bell v. Ashcroft, Nos. 03-2737, 03-2977 (2d Cir. amicus brief filed May 7, 2004) (case settled without a decision from the court).

Roman v. Ashcroft, No. 02-3253 (6th Cir. amicus brief filed Oct. 10, 2003) (court issued a precedent decision finding that the Attorney General was not the proper custodian in this case, but noting that the Attorney General may be a proper custodian where the detainee would not otherwise have a “realistic opportunity for judicial review of his executive detention”). Roman v. Ashcroft, 340 F.3d 314 (6th Cir. 2003).Read more...

Run for the Border, Steve King's Coming!

Published on Wed, Nov 10, 2010

Immigration advocates say that King simply intends to create more rabble-rousing political theater and inflame the masses—particularly as nearly all of his proposals stand little chance of passing the House, let alone the Senate or the president's desk. "A lot of it is theatrics, really using the bully pulpit of committee majority position to push these things out there and stir things up. It wouldn't necessarily result in legislative [victories]," says Mary Giovagnoli, director of the Immigration Policy Center. She adds that the oversight hearings are meant to hammer home the message that "Obama has failed to enforce the law" on immigration—even though the current administration is deporting even more immigrants than under Bush, according to figures from the Department of Homeland Security.

Published in the Mother Jones

Litigation Clearinghouse Newsletter Vol. 3, No. 10

This issue covers a Seventh Circuit decision holding that the BIA abused its discretion in denying a continuance of an "arriving alien" seeking adjustment; a lawsuit filed by Fragomen, Del Ray, Bernsen Loewy LLP against the Department of Labor; a Second Circuit decision examining the scope of APA review; and a favorable First Circuit EAJA decision in a naturalization delay case.

Published On: Sunday, September 14, 2008 | Download File

Pueblo Politics: Flake hopes to exempt skilled workers from visa quotas

Published on Tue, Jan 25, 2011

Wendy Sefsaf, a spokeswoman for the D.C.-based Immigration Policy Center, which supports comprehensive immigration reform, commended the idea. “We don’t want to lose skilled workers after we’ve educated them. That’s crazy. Particularly when we’re talking about ways to stimulate the economy.”

Sefsaf said there’s long been concern on the part of immigration reform advocates to piecemeal out more politically palatable items, whether that be addressing the needs of highly-skilled workers, agricultural workers or college students.

But now, she said, “It’s hard to say what will happen in this new Congress and whether there will be more of an appetite for piecemeal. If Flake had the wind at his back and lots of people supporting him, we would bring to bear what we could to make those things happen.”

Published in the Arizona Daily Star

Litigation Clearinghouse Newsletter Vol. 1, No. 15

This issue covers the recently filed natz delay class actions, CIS memo rejecting Perez-Gonzales, VWP case, and resource for attorneys litigating gender-based asylum claims.

Published On: Wednesday, August 9, 2006 | Download File

Immigration Policy Center reports stable unauthorized immigrant population

Published on Wed, Mar 23, 2011

As Republicans in the Florida legislature move forward with immigration-enforcement bills, new data shows that the number of unauthorized immigrants in the United States has remained stable.

According to a report released on Monday by the Immigration Policy Center:

Recent estimates from the Pew Hispanic Center and the Department of Homeland Security (DHS) indicate that the number of unauthorized immigrants in the United States has remained unchanged at roughly 11 million since 2009. This comes after a two-year decline of approximately one million that corresponded closely to the most recent recession, which ran from December 2007 to June 2009.

The report also shows that three-fifths of unauthorized immigrants have been in the United States for more than a decade, and that unauthorized immigrants already in the U. S. have approximately 5.5 million children. Around 1 million of those children are unauthorized immigrants, while the remaining 4.5 million are native-born U.S. citizens who have at least one unauthorized parent.

Nationwide, unauthorized immigrants represent about 28 percent of the total foreign-born population. Naturalized U.S. citizens make up about 37 percent and legal permanent residents 31 percent.

The data used by the Immigration Policy Center report indicates that Florida has the third highest unauthorized population in the U.S. (825,000).

Citing Pew Hispanic Center data, the report indicates that the current unauthorized population accounts for roughly 1-in-20 workers: around 5 percent of the U.S. labor force.

“Unauthorized immigrants who are already in the country have become integral to U.S. businesses, communities, and families,” according to the report.

Published in the American Independent