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Entrepreneurship and Innovation Update - April 14, 2014

Read our previous Entrepreneurship and Innovation Newsletters here.

Latest Research

Study of U.S. metros with most high-tech immigrant entrepreneurs provides lessons for other regions. A recent post on Immigration Impact highlights a new report from the Kauffman Foundation. The report examines geographic factors that intersect with metro concentration of high-skill immigrant entrepreneurs. According to the report, “an open and culturally diverse environment helps promote high-tech entrepreneurship among both immigrants and the U.S.-born.” As the study notes, “immigrant-owned businesses are more likely to locate in ethnically diverse metro areas that have high foreign-born populations. That’s important for metro areas hoping to attract and retain this fast-growing pool of high-impact founders.” Dane Stangler, vice president of Research and Policy at the Kauffman Foundation, stated, “Because immigrants are far more likely to start businesses—particularly high-tech companies—than the native-born, their importance in the U.S. economy is increasing.”Read more...

LAC Issues Practice Advisories on Federal Court Litigation

Released on Thu, May 05, 2011

The Legal Action Center (LAC) is pleased to announce the release of one new and two updated Practice Advisories focusing on federal court litigation. These practice advisories provide in depth discussion and analysis of federal court issues to assist attorneys seeking relief for their clients from adverse immigration-related decisions.

  • Mandamus Litigation in the Labor Certification Context (April 25, 2011): This Practice Advisory outlines basic information about mandamus actions, which may be used to remedy agency delay, and suggests strategies and practice tips for bringing a mandamus action against DOL.
  • How to File a Petition for Review (Updated February 28, 2011): This updated Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

For a complete list of all LAC Practice Advisories, see our website.

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Entrepreneurship and Innovation Update - March 31, 2015

Read our previous Entrepreneurship and Innovation Newsletters here.

Latest Research

Challenges and promising practices for immigrant small entrepreneurship, poverty reduction, and economic development. A new report, Harnessing Immigrant Small Entrepreneurship for Economic Growth, describes challenges for small business immigrant entrepreneurs and some of the promising practices to better support them in three cities: Miami, Florida; Des Moines, Iowa; and Salt Lake City, Utah.

How immigrant businesses contribute to community development. A new study—Immigrant Businesses, Place-Making, and Community Development: A Case from an Emerging Immigrant Gateway—explores immigrant business contributions to place-making and community development in Charlotte, North Carolina. The study finds that “immigrant businesses have transformed deteriorating and abandoned street fronts into vibrant and well-frequented urban environments conducive for further development.”Read more...

LAC Issues Practice Advisory on DHS’s Plan to Review all Removal Cases for Prosecutorial Discretion

Released on Fri, Sep 09, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) is pleased to announce the release of a new practice advisory: “DHS Review of Low Priority Cases for Prosecutorial Discretion.” Following an announcement on August 18, 2011, a joint Department of Homeland Security (DHS)-Department of Justice (DOJ) working group has been established to review all pending removal cases and to administratively close those cases that do not fall within the agency’s highest immigration enforcement priorities, namely, national security, public safety, border security and the integrity of the immigration system. This Practice Advisory details information that is known to date about the review and includes suggested steps that attorneys can take to ensure that DHS has the information it needs to determine that a client’s case is “low priority.”

For a complete list of all LAC Practice Advisories, please visit our website.

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Asian Americans Mobilize for Immigration Reform

Published on Thu, Aug 20, 2009

For the first time in the nation

Published in the New American Media

Dream Come True: Obama Administration Announces Relief for DREAMers

Released on Fri, Jun 15, 2012

Washington. D.C. - The American Immigration Council applauds today’s announcement by the Obama administration that it will grant deferred action to undocumented youth who were brought to the United States as small children and who have been raised and educated in communities around the country. Today's announcement builds on the prosecutorial discretion initiatives already undertaken by the White House and Department of Homeland Security (DHS) and was done to ensure that eligible young people do not fall through the cracks, that resources are used wisely, and that humanitarian factors are considered when enforcing our immigration laws. Read more...

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Clayton students take first, second and third in immigration essay contest

Published on Mon, Apr 20, 2009

Three fifth graders at Clayton Elementary School won awards in the "Celebrate America" Creative Writing Contest with their essays on the theme "Why I am glad America is a nation of immigrants."

Published in the COMMUNITY IMPACT PAPER

Eleventh Circuit Holds that Filing Limitations on Motions to Reopen Are Subject to Equitable Tolling

Released on Tue, Apr 23, 2013

For Immediate Release

Washington, D.C. – Over the last two weeks, the Eleventh Circuit issued two decisions holding that the time and numerical limitations on motions to reopen are subject to equitable tolling. Noncitizens ordered removed in the Eleventh Circuit now may seek, under certain circumstances, to reopen their cases even if they already have filed a motion to reopen or the applicable deadline for filing motions has passed.

In Avila-Santoyo v. Holder, — F.3d. —, No. 11-14941 (11th Cir. Apr. 12, 2013) (en banc), the court granted rehearing en banc and overturned Circuit precedent that had barred equitable tolling, finding that the filing deadline is not jurisdictional and may thus be tolled. The court also granted rehearing and issued a unanimous panel decision in Ruiz-Turcios v. Holder, — F.3d. —, No. 12-11503 (11th Cir. Apr. 19, 2013), holding that the numerical limitation on motions to reopen (i.e., the one motion rule) may be tolled. The LAC and the National Immigration Project of the National Lawyers Guild submitted an amicus brief in support of the petition for rehearing in Ruiz-Turcios.Read more...

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Neb. immigrants vital to economic recovery

Published on Mon, Dec 14, 2009

A new report says immigrants in Nebraska have a buying power of nearly $3.8 billion and are integral to the state's economy as workers. The report issued Monday by the Washington-based Immigration Policy Center says those contributions and others mean Nebraska's foreign-born population will play a critical role in the state's economic recovery.

Published in the Associated Press

American Immigration Council Files BALCA Brief Challenging Unfair DOL Process

Released on Fri, Nov 08, 2013

Yesterday, the American Immigration Council, in collaboration with AILA, filed an amicus brief in an en banc case pending before the Board of Alien Labor Certification Appeals (BALCA), an administrative body at the Department of Labor (DOL) that reviews denials of PERM labor certifications.  The case involves a regulation that requires employers to notify certain U.S. employees that they have laid off about new job opportunities before the employers are permitted to hire foreign workers.   

The focus of the amicus brief is the agency’s failure to provide fair warning about its interpretation of the notification requirement before applying a new, more restrictive interpretation.  The Department is notorious for failing to provide guidance and leaving it to employers to guess at what processes the Department will find to be in compliance with the regulations.  Here, the Department offered no guidance, but, through a pattern of decision making, established a practice of approving certain notification procedures.  Amici argue that the Department acts arbitrarily and violates due process when it does an about face without giving prior notice. 

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For more information, contact Wendy Feliz at wfeliz@immcouncil.org or 202-507-7524.

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