This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law. This updated version has been changed to reflect recent developments regarding the suppression of identity-related evidence, the “fruit of the poisonous tree” doctrine, and the impact of widespread Fourth Amendment violations.
The goal of Our Melting Pot is to develop knowledge and appreciation of the diversity of nations from which our students' ancestors came. By creating his/her own Immigration cookbook, students will appreciate their ancestry and learn about how certain foods are incorporated in to life in the United States.
The Immigration Policy Center, which is on the opposite end of the immigration debate from the federation, argues that their inclusion as a cost of illegal immigration is misleading.
"They are U.S. citizens and denying them education, health care, financial assistance, etc.. would put them at a disadvantage compared to other U.S. citizens," spokeswoman Michele Waslin wrote in an e-mail. "In financial terms, it could probably cost the state much more in the long run to have a population of poorly educated, unhealthy citizens."
This brief argues that USCIS may not deny a petition for classification under the employment-based third preference (EB-3) immigrant visa category as a skilled worker classification simply because the person does not possess an actual bachelor’s degree. Rather, a person may qualify for EB-3 classification by demonstrating that she possesses the equivalent of a bachelor’s degree based on the combination of education and employment experience.
Grace Korean v. Chertoff et al. D. Or. No. CV04-1849-JE
Dozens of Washington, D.C. area educators had a unique opportunity to work with experts on immigration law and African migration at the American Immigration Law Foundation's (AILF’s) fifth annual Teachers' Symposium on Saturday, February 9. The event, which was funded in part by Wachovia, was organized for educators in an effort to help them teach the importance of America's immigration heritage more effectively.
Americans are justifiably frustrated that 11 million unauthorized immigrants now live in the United States. Yet the majority of them would have preferred to come legally; there was simply no way under current immigration laws. Moreover, most of them are working, paying taxes, and buying US goods. Other than lacking legal status, most are law-abiding residents. Many are married to US citizens, with children who are citizens.
The problem is that they are often willing to accept low wages and poor working conditions, which creates unfair competition for US workers and gives unscrupulous employers an unfair advantage over law-abiding employers.
We could continue on the same path we have pursued for two decades: spending more money on enforcement and passing increasingly harsh laws in an attempt to drive unauthorized immigrants out. But despite the billions of dollars we’ve spent building walls, hiring border patrol agents, and detaining and deporting hundreds of thousands, the unauthorized population hasn’t decreased significantly.
Instead of “enforcement only,” we should offer unauthorized immigrants a chance to come forward, register, pay a fine, learn English, pass background checks, and legalize their status.
Legalizing them would inject a new level of certainty into their lives, allowing them to invest more in themselves and their communities. Legalized immigrants will earn more, pay more taxes, consume more, buy houses, start businesses, and contribute more to the economy.
Americans want real solutions to the problem of unauthorized immigration that are practical and fair. Enforcement alone has failed. We need comprehensive immigration reform that includes a legalization program.
– Michele Waslin, senior policy analyst, American Immigration Council’s Immigration Policy Center
On June 15, 2012, the Department of Homeland Security (DHS) issued a memorandumannouncing that prosecutorial discretion should be applied to certain individuals who came to the United States as children. It explains that young noncitizens who do not present a risk to national security or public safety and meet specified criteria may receive deferred action for two years, subject to renewal, and may apply for work authorization.
USCIS has issued FAQs providing more details about the eligibility criteria and request process for DACA, as well as a form and instructions. The DACA policy does not supersede ICE’s previously issued prosecutorial discretion guidance outlined in the June 17, 2011 Morton memo. Those in removal proceedings who do not meet the eligibility criteria under DACA may still be eligible for prosecutorial discretion based on the prior guidance.Read more...
It's clear commonsense immigration reform is good for the economy as a whole. Don't take our word for it — study after study has shown that commonsense immigration reform will strengthen the economy, spur innovation, reduce the deficit and increase US trade and exports.
“Those children can’t petition for their parents to become U.S. citizens until they are 21 years old and it most cases, the parents would be barred from getting a visa to the United States for 10 years,” said Michelle Waslin, senior policy analyst at the American Immigration Council’s Immigration Policy Center in Washington, D.C. “So that’s a 31-year plan. It doesn’t seem like it’s a very good plan to legalize your status here in the U.S. It doesn’t protect them from deportation.”
Waslin argues that such a change in the law will affect all citizens, creating a complicated bureaucracy.
“My birth certificate will no longer be proof of my U.S. citizenship, so how would anybody prove their citizenship?” she asked.
This issue covers a recently filed naturalization delay class action, a damages suit against USICE employees for violating 4th and 5th Amendment rights during home raids, and a recent decision regarding the confidentiality of asylum applications.