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Child Status Protection Act

The Child Status Protection Act (CSPA), Pub. L. No. 107-208 (Aug. 6, 2002), provides relief to children who “age-out” as a result of delays by the U.S. Citizenship and Immigration Services (USCIS) in processing visa petitions and asylum and refugee applications. A child “ages-out” when he or she turns 21 and loses the preferential immigration treatment provided to children. The primary benefit of the CSPA is an age preservation formula for calculating the age of a beneficiary of preference visa petition. This formula allows some beneficiaries to preserve their age as under 21 even if, chronologically, they are over 21. In this way, a child can remain a beneficiary on a pending visa petition despite having aged-out. In its CSPA litigation, the Council has argued for a broad interpretation of the act, consistent with its ameliorative purpose.

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Meaning of INA § 203(h)(1)

One requirement of the age-preservation formula of the CSPA is that the beneficiary must have “sought to acquire” lawful permanent resident status within one year of the visa becoming available. The Council argues for a broad interpretation of “sought to acquire,” and that the term should not be limited to filing adjustment of status or consular processing forms. Read more...

Crossing Borders with Digital Storytelling

In this Common-Core aligned immigration lesson plan, teachers are guided step-by-step through a process for launching a digital storytelling project on immigration in their own classrooms.  Recommended writing prompts, easy to use digital platforms, as well as resources and collaborative planning tools are shared and explained. 

Using digital storytelling to capture immigration stories is a powerful way for teachers to create opportunities for “empathetic moments” among students and shape classroom environments.  Telling stories of family immigration history – no matter how distant or recent – allows for common threads and variations of the immigration experience to be seen, heard, and reflected upon.  Digital storytelling offers the advantage of authentic engagement to reach all learning styles as well as to teach technological skills while exploring connections and understandings to an important issue.

Watch this video for an example of a digital story based on a poem written by a fifth grade student about her grandfather’s immigration from China to the U.S.

Year Released: 2015

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Partisan politics put an end to DREAM Act ... for now

Published on Wed, Sep 29, 2010

The plight of the DREAM Act students encapsulates many facets of today’s immigration crisis, says the American Immigration Council. (http://www.immigrationpolicy.org)

 

Published in the Lubbock-Avalanche Journal

Access to Counsel Before DHS

The American Immigration Council has long advocated for the right to counsel in immigration settings. In addition to advocating for legal representation in immigration courts, the Council recognizes the importance of counsel to immigrants appearing before the Department of Homeland Security (DHS). Yet the thousands of immigrants who are required to appear at DHS immigration examinations or proceedings every year often face barriers to accessing counsel. Although federal law clearly provides a right to legal representation in many proceedings before DHS, that right is often unrecognized, restricted, or denied.

The Council has worked towards greater access to counsel before DHS and increased transparency in DHS’s access to counsel policies through administrative advocacy and FOIA litigation.

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FOIA Suits Seeking DHS Access to Counsel Records

The Council has filed three lawsuits against DHS to compel the release of records relating to noncitizens’ access to counsel before USCIS, CBP, and ICE. The Council initially pursued disclosure of these records through FOIA requests filed in March 2011.

Dorsey & Whitney LLP is co-counsel with the Council on these FOIA cases.

Suit Against ICERead more...

Sen. Sessions authored DREAM Act opposition alert

Published on Wed, Nov 24, 2010

The DREAM Act has generated a lot of debate — immigration research centers like the Migration Policy Institute and the Immigration Policy Center have published information on the impact of this proposed legislation.

Published in the Florida Independent

Litigation Clearinghouse Newsletter Vol. 3, No. 6

This issue covers a suit challenging the transfer of detainees following the ICE raid in Iowa, a suit seeking to recover fees paid by TPS registrants, the settlement agreement in a natz delay/SSI restoration class action, a Supreme Court decision in a criminal sentencing case, and en banc review of an aggravated felony decision.

Published On: Wednesday, May 21, 2008 | Download File

ICE Starts Immigration Audit of 1,000 Firms as GOP Pushes E-Verify

Published on Fri, Feb 18, 2011

Amy Peck from Immigration Daily broke down this system flaw and the many other problems USCIS found with E-Verify in a recent article. “The impact of erroneous name-related TNCs cannot be ignored. According to USCIS, of 22,512 TNCs resulting from name mismatches in fiscal year 2009, approximately 76 percent, or 17,098, were for citizens, and approximately 24 percent, or 5,414, were for noncitizens,” Peck wrote. Peck estimates that if E-Verify were made mandatory for newly hired employees nationwide, about 164,000 U.S. citizens and non-citizens would get wrongly tangled up in immigration proceedings because of the system’s flaws. The system is also unable to accurately spot identity theft or fraud, among myriad other problems. Civil rights groups contend that E-Verify would just add another dysfunctional system to an already broken bureaucracy, and is not a viable job-creation strategy. E-Verify’s many structural problems could result in U.S. citizens actually losing their jobs, the Immigration Policy Center contends.

Published in the Colorline Magazine

Litigation Clearinghouse Newsletter Vol. 1, No. 11

This issue covers LCCR's efforts to obtain remedies for individuals mistreated by immigration officials, Supreme Court update, and courts to consider who can apply for waivers of removability.

Published On: Monday, May 22, 2006 | Download File