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Swatting babies with the Constitution doesn't improve immigration system

Published on Sat, Aug 21, 2010

Texas Solicitor General James Ho wrote an analysis for the Immigration Policy Center (posted on immigrationpolicy.org) looking at the Senate debate when the amendment was passed, as well as applicable Supreme Court rulings, and concluded that "birthright is protected no less for children of undocumented persons than for descendants of Mayflower passengers."

Published in the Texas Star Telegram

BIA Procedures

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AILF and AILA Comment on EOIR’S Proposed Rule on “Streamlining”
AILF and AILA’s comment on the proposed rule, “Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents,” emphasizes the need for continued federal court oversight of the use of the “affirmance without opinion” procedure; it also objects to EOIR’s proposal to allow to permanent members of the BIA issue precedent decisions. The comment was submitted on August 18, 2008.

Timeliness of BIA Appeal

The LAC argues in this amicus brief that the Board has the authority to consider a late appeal in unique circumstances and that the failure of a guaranteed overnight delivery service to deliver the appeal on time constitutes a “unique” circumstance justifying acceptance of the late appeal.

  • Liadov, et al v. Gonzales            8th Circuit                        No. 06-3522

Ineffective Assistance of Counsel

The LAC has long worked to protect the right to effective assistance of counsel in removal proceedings. Read more about our efforts at our Ineffective Assistance of Counsel advocacy page.

Workshop Press Materials

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.

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'New American' Voter Registration Report Released

Published on Thu, Oct 14, 2010

As of 2008, "New Americans" were one in ten of all registered voters in the country, according to a new Immigration Policy Center report. Two-thirds of those are naturalized U.S. citizens and a little over one-third are the American-born children of immigrants, primarily from Latin America and Asia.

Transcript:

Good morning, I’m Elizabeth Wynne Johnson; this is Power Breakfast from Capitol News Connection.

Support for Power Breakfast comes from Raytheon, committed to Homeland Security solutions that predict and deter current and emerging threats across air, land, sea, space and cyberspace. Raytheon. Customer success is our mission.

A new report out today offers an updated snapshot of a profound shift in electoral demographics.

EWING As of 2008, New Americans were one in ten of all registered voters in the country. That’s 15 million registered voters.

What’s a “New American”? Walter Ewing, senior researcher at the Immigration Policy Center, breaks it down: roughly two-thirds are naturalized US citizens; a little over one-third are the American-born children of immigrants, primarily from Latin America and Asia. Since the Census Bureau first started collecting this data in 1996, the total number of ‘New American’ voters has jumped more than one-hundred percent. As of 2008, they had the numbers to play a pivotal role.

EWING We did identify states in which the number of New American registered voters was greater than the numbers of votes by which either Obama or McCain won the state… That was the case in FL, CA, TX, NC, NJ, GA, VA, AZ, MO, NV, IN and Montana, even.

To identify New Americans as a voting “bloc,” however, has its limits.

EWING They’re a “bloc” in the sense of having a personal connection to immigrant experience – but that doesn’t mean they all vote the same way.

Candidates – especially those in close elections – would do well to take heed of one over-arching characteristic.Read more...

Published in the Capital News Connection

Fair Procedures in Immigration Court

For far too long, immigration courts have failed to provide a fair, efficient and effective system of justice for noncitizens in this country. Through advocacy and litigation, the LAC has urged the adoption of laws and policies intended to ensure all noncitizens a meaningful opportunity to be heard. The LAC also has issued a number of practice advisories regarding immigration court and Board of Immigration Appeals procedures.

CASES | ADVOCACY | RESOURCES

CASES

Timeliness of BIA Appeal

Liadov v. Mukasey, No. 06-3522 (8th Cir. amicus brief filed Dec. 13, 2006) (arguing that the Board has authority to consider late-filed appeal in unique circumstances and that failure of a guaranteed overnight delivery service to deliver appeal on time constitutes such a “unique” circumstance). In a precedent decision, Liadov v. Mukasey, 518 F.3d 1003 (8th Cir. 2008), the court denied the petition for review.

ADVOCACY

Comments to the Department of Justice/Executive Office for Immigration Review regarding the “Retrospective Regulatory Review” (submitted Nov. 27, 2012). The Council, in collaboration with AILA, urged EOIR to amend regulations pertaining to motions to reopen, stays of removal, bond hearings, telephonic and video hearings, filing and service of documents and decisions, and stipulated removal orders.Read more...

White House White Board: Why Immigration is Beneficial to America

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.

Year Released: 2013

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Metcalfe would deny automatic citizenship to illegals' kids born in U.S.

Published on Fri, Jan 07, 2011

"The proposal presented today is clearly unconstitutional and an embarrassing distraction from the need to reform our nation's immigration laws," said Benjamin Johnson, executive director of the nonprofit American Immigration Council. "It constitutes a vicious assault on the U.S. Constitution and flies in the face of generations of efforts to expand civil rights.

"It is an attack on innocent children born in the U.S. who would be confined to a new second-class citizenship and vulnerable to abuse and discrimination," Johnson said.

 

Published in the Pittsburgh Tribune

Litigation Clearinghouse Newsletter Vol. 3, No. 8

This issue covers class certification in two cases, one involving religious workers and the other surviving spouses; recently filed CSPA suits; the Supreme Court's decision to hear a 9/11 detainee Bivens action; and a request for lawyer declarations in a FOIA suit.

Published On: Thursday, July 10, 2008 | Download File

Colorado Latino lobby day underlines lopsided nature of immigration debate

Published on Thu, Mar 03, 2011

DENVER– When hundreds of Coloradans flocked to the capitol here Monday for the state’s fifth-annual Latino Advocacy Day, it was a rare recent instance in the state and around the country where support for policies that embrace immigration, U.S. Latino communities and the rights of undocumented residents stole the spotlight from support for policies that set deporting “illegals” and establishing border security as top priorities.

Attendees rallied on the west steps of the capitol and then fanned into lawmaker chambers to talk about the issues that matter most to them this legislative session. Top of the list was opposition to the Arizona-style immigration laws introduced this year, which have mostly failed to gain traction, and support for a bill that would offer in-state college tuition to undocumented students.

“I came here today because I know how much what goes on in this building can affect my life, my family’s life and my friends’ lives,” event speaker Cecelia Rodriguez told the Colorado Independent. “The most pressing and necessary bill we can pass is SB 126, the Colorado ASSET bill, which would make it possible for more graduating [high school] seniors in Colorado to attend colleges here.”

The ASSET bill is the work of Pueblo Democratic Senator Angela Giron, who received a hero’s welcome Monday as she moved through the capitol halls toward a committee room. The crowd cheered and Giron waved and then posed briefly for snapshots with supporters.

A young woman named Laura from Durango came to see Republican Ellen Roberts, her district representative. Laura said she came to relate her experience as an undocumented Colorado high school graduate who now attends university in New Mexico, where she and all undocumented Colorado residents can pay in-state tuition.Read more...

Published in the Colorado Independent