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The LAC Docket | Volume IV, Issue 3

The American Immigration Council Docket

June 17, 2014
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OUR WORK

The American Immigration Council welcomes Leslie Dellon, who will be joining us in July as our Business Litigation Fellow. As a member of the Council’s legal team, Leslie will spearhead a national effort to challenge current agency policies and practices on employment-based immigration issues.


 

Systemic Reforms

     Systemic Reform

 


Heavily-Divided Supreme Court Upholds Matter of WangRead more...

DOJ Responds Forcefully to Civil Rights Disaster in Alabama, What Will DHS Do?

Released on Fri, Nov 04, 2011

Washington D.C. – This week, the Department of Justice (DOJ) announced that it was filing suit in South Carolina to block Act No. 69 (formerly SB 20), South Carolina’s new anti-immigrant law—modeled on Arizona’s SB1070. DOJ argues—like it did in Utah and Alabama—that the law is unconstitutional and interferes with the federal government’s ability to set and enforce immigration policy and is likely to result in civil rights violations. Following the legal challenge, the DOJ Civil Rights Division also sent a letter to Alabama’s public schools reminding them of their duty to provide public education to all children in the state regardless of immigration status. 

The DOJ is challenging state legislatures that pass immigration enforcement laws that interfere with the federal government’s role in enforcing immigration laws and setting priorities. The DOJ’s effort on this case reflects their commitment to protecting constitutional principles and individual rights, a commitment that should extend to pursing vigorous challenges in other states that have passed similar laws, including Utah, Georgia, and Indiana.

The Department of Homeland Security (DHS) also has a strong role to play and should respond to the civil rights crisis taking place in the states and make good on Secretary Napolitano’s assurance that her agency will not be complicit in enforcing Alabama’s new law through federal immigration enforcement actions. Read more...

View Release

Homeland Security revises immigration partnership with local jails

Published on Sat, Aug 22, 2009

The Department of Homeland Security is requiring counties that participate in its illegal-immigration enforcement program to agree to a new focus on violent criminals.

Published in the Washington Examiner

How the Supreme Court Ruled on SB 1070 and What It Means for Other States

Released on Wed, Jul 25, 2012

Washington, D.C.—One month ago today, the Supreme Court issued its landmark decision in Arizona v. United States, which invalidated three provisions of the immigration law known as “SB 1070” and left a fourth open to future challenges. More than any matter in recent history, the case settled a range of important questions regarding the role that states may play in the enforcement of federal immigration law. As a result, the ruling will affect not only SB 1070, but the fate of other state immigration laws being challenged in court and the odds of similar laws passing around the country.

Today, the Immigration Policy Center releases an updated version of its Q&A on Arizona v. United States, which discusses how the Supreme Court decided the case and what the ruling means for immigration laws in other states. As debates over the ruling continue, understanding the basis for the Court’s opinion will prove critically important in furthering a rational discussion on the implications of the decision. 

To view the Q&A Guide in its entirety, see: 

 For more information, contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202- 812-2499.

View Release

Keely Alexander publishes children's book

Published on Mon, May 25, 2009

Keely Alexander, from Superior, has co-authored a children’s book on immigration. "Davy Brown Discovers His Roots" will debut June 3 in Las Vegas at the American Immigration Lawyers Association Annual Conference.

Published in the Clark Fork Chronicle

Moncrieffe v. Holder: Implications for Drug Charges and Other Categorical Approach Issues

Released on Fri, May 03, 2013

Washington, D.C.—Last week, the Supreme Court issued a decision in Moncrieffe v. Holder, holding that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana.  The case has important implications not only for noncitizens charged with drug trafficking, but also for the application of the categorical approach in immigration proceedings. 

Yesterday, the Legal Action Center, the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild issued a Practice Advisory, “Moncrieffe v. Holder:  Implications for Drug Charges and Other Issues Involving the Categorical Approach.”  The advisory discusses the holding of the case, the decision’s potentially broader implications, strategies for representing noncitizen criminal defendants, and steps that lawyers should take immediately in pending or already concluded removal proceedings affected by Moncrieffe.

All of the LAC’s Practice Advisories are available on the LAC website.

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For more information, contact clearinghouse@immcouncil.org or call 202-507-7516.

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Report: Info muddled on immigrants and crime

Published on Thu, Nov 19, 2009

That man in the back of a squad car on his way to jail: What are the chances he was born in the United States?

Published in the O.C. Register

Speaker Boehner Ignores the Costs of Doing Nothing

Released on Thu, Nov 14, 2013

Washington D.C. - Yesterday, Speaker of the House John Boehner reassured the far-right wing of the Republican Party and anti-immigrant activists that he would never agree to a conference to hammer out an agreement on a House immigration bill and S. 744, the Senate’s bipartisan immigration bill that passed in June. While that statement may have been reassuring to a few die-hard anti-immigration reform activists, it had the opposite effect for the vast majority of Americans. The Speaker’s statement does not stop the clock on the economic, social, and societal costs of doing nothing on immigration. It also does not honor the hard work of Democrats and Republicans who have worked in good faith to pass the Senate bill and negotiate on various fronts in the House.  

However, what Speaker Boehner's statement does do is open the door to more protests and public outrage, encourage states to continue to take the lead on immigration policy and leave the administration in the difficult situation of deciding how long they will let Congressional inaction continue before they will intervene. When Congress refuses to act they make themselves less relevant and reinforce the idea that they cannot work constructively to fix our nation's most pressing problems.

Thus, rather than tamp down the flames of reform, the Speaker’s statements will embolden those who will work to fix immigration policy on their own - for better or worse. It’s inevitable that immigration reform will happen it’s just a matter of how much our economy, communities, and the Republican Party will lose in the meantime

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For press inquiries contact, Wendy Feliz at wfeliz@immcouncil.org or 202-812-2499

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President Declares Ongoing Commitment to Immigration Reform

Published on Fri, Jan 29, 2010

WASHINGTON, D.C. – In the State of the Union Address last night, President Obama made clear his ongoing commitment to immigration reform noting “we should continue the work of fixing our broken immigration system – to secure our borders, enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation.” Some may continue to argue that immigration reform is too politically risky to move on this year and that we should focus instead on rebuilding our economy. However, comprehensive immigration reform is compatible with economic reform as it would generate needed economic growth, create jobs and increase tax contributions by ensuring that everyone working in the United States is doing so legally. In fact, immigration reform would allow us to take full advantage of the opportunities for economic growth that immigrants bring.

Published in the Hispanic Online Magazine

By the Numbers

Published on Sun, Apr 04, 2010

The American Immigration Council's Immigration Policy Center recently published statistics on every state's immigrant population.

In New Hampshire, the foreign-born share of the population grew from 3.7 percent in 1990 to 5.1 percent in 2007.

In 2007, New Hampshire was home to 67,735 immigrants, of whom around 33,000 were naturalized citizens and eligible to vote.

Published in the Concord Monitor