Skip to Content

Programs:

Legalization

Litigation Clearinghouse Newsletter Vol. 4, No. 3

This issue covers Child Status Protection Act litigation; developments in Matter of R-A- and domestic violence asylum cases; new litigation resources; important developments in the Duran-Gonzales class action; and favorable decisions involving delay in a "material support" adjustment case and the fugitive disentitlement doctrine.

Published On: Tuesday, February 24, 2009 | Download File

Litigation Clearinghouse Newsletter Vol. 2, No. 5

This issue covers SSI litigation, motions to reopen filed by people who have left the United States, lawsuits challenging detention at the Hutto facility, new Litigation Clearinghouse issue pages, and a district court decision finding jurisdiction to review an adjustment of status denial.

Published On: Thursday, April 12, 2007 | Download File

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. 5, No. 3

in

This issue covers lawsuits challenging Arizona’s immigration enforcement law SB 1070; two Supreme Court decisions issued this spring involving immigrants; a lawsuit challenging continued detention after the expiration of a detainer; an overview of several “material support” mandamus cases challenging delay in adjudicating adjustment applications, and important reminders from the LAC (including dates and locations for the Council’s litigation and detention meetings at AILA’s Annual Conference, as well as LAC litigation and practice advisory updates).

Published On: Friday, May 21, 2010 | Download File

Heather Conn Explores the Art of Being an American through Cinema

May, 2008
Heather Conn

The Exchange Visitor Program is pleased to announce Heather Conn as May'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...

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

Enforcement, Challenges Against CBP

ARCHIVED ISSUE PAGE (LAST UPDATED AUGUST 2012)

With over 58,000 employees, U.S. Customs and Border Protection, the largest law enforcement agency in the United States, has significantly expanded its immigration-related activities since 2009.  Credible reports of abuses by Border Patrol agents and other CBP officers have fostered increased litigation in recent years.  This Litigation Issue Page highlights challenges to CBP misconduct and related FOIA lawsuits.

Federal Litigation

Proposed Class Challenges Unconstitutional Stops and Interrogations by Border Patrol Agents in Washington State
Jose Sanchez, et al. v. U.S. Office of Border Patrol, et al., No. 2:12-cv-00735 (W.D.Wa. filed April 26, 2012)

The Northwest Immigrant Rights Project (NWIRP) and the ACLU of Washington, in collaboration with Perkins Coie LLP, filed a class action lawsuit alleging that the Border Patrol’s practice of stopping vehicles on the Olympic Peninsula and interrogating occupants without legal justification violates their constitutional rights.Read more...

What is the Australia/United States of America Work and Holiday Visa?

Read the 2007 Practice Advisory on the Australian Work and Holiday visa.

Download File

U.S. agriculture a balancing act

Published on Sun, May 29, 2011

A piecemeal approach to immigration reform is the politically easy option, but there will be unintended negative consequences unless Congress addresses the whole problem.

An effective system to verify a job applicant's eligibility to work in the United States is an essential part of immigration reform. So are tough employer sanctions for those who hire the undocumented.

But if Congress just mandates the use of the employee-screening E-Verify system without dealing with labor demands, the job magnet will remain and the economy will suffer.

The agriculture industry is forthright in saying that up to 70 percent of its workforce is undocumented. There are no Americans to take those jobs.

"Are you raising your child to be a farmworker?" asks Tom Nassif, president of the Western Growers Association, which represents growers in California and Arizona. He says his industry has been trying to educate Congress about the simple fact that making E-Verify mandatory without addressing labor needs "wipes out agriculture."

John McClung, president of the Texas Produce Association, says E-Verify in isolation would be "the death knell" of agriculture in the United States . Without workers, farmers would move their cropland to where the labor is: Mexico and Central America. Nassif says two to three non-farm jobs are created for every farm job, so the result would be widespread job losses in the United States.

The other likely result, as Joe Sigg of the Arizona Farm Bureau points out, would be "under-the-table and off-the-books" employment.

Research bears this out. The nonpartisan Immigration Policy Center study, "Deeper Into the Shadows," found workers who lost their jobs because of enforcement tended to return to work - often at the same job - on a cash-only basis. They were generally paid less and became more vulnerable to exploitation.

E-Verify alone will create problems because it does not deal with the need for labor.Read more...

Published in the Arizona Republic