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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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Report: Low-risk, legal immigrants being deported

Published on Thu, Feb 18, 2010

A federal program to identify and deport dangerous criminal immigrants has been routinely scooping up legal and unauthorized immigrants with little or no criminal history, according to a locally generated study released this week by the Immigration Policy Center in Washington.

According to the study, 57 percent of immigrants identified by the Criminal Alien Program in 2009 had no criminal convictions, up from 53 percent in 2008.

Published in the The Statesman

Leadership Team Changes at the American Immigration Council

Released on Tue, Jan 27, 2015

Washington D.C. - Today, the American Immigration Council announces changes to our organizational leadership team. Beth Werlin will become the Director of Policy, and Guillermo Cantor will become our Deputy Director of Research. These changes will fill the gap created by the departure of Mary Giovagnoli, who will join the Department of Homeland Security as a Deputy Assistant Secretary for Immigration Policy next month.

Beth Werlin, Esq., will become our new Director of Policy. Beth has been with the Council for almost 14 years as part of our legal team and has a deep understanding of our mission and history. She is a talented lawyer who is widely-respected for her knowledge and dedication. She has been involved in nearly every major legal issue the Council has tackled over the last decade and has worked to protect the rights of noncitizens and ensure that the immigration agencies are held accountable for violations of the law. Her insight and experience have played a critical role in increasing the collaboration and integration of our work across all programs. In her new role, she will put her knowledge and experience to work in deepening and strengthening our relationships and ensuring that the work of our policy and legal teams is even more complementary.

Guillermo Cantor, Ph.D., will become our new Deputy Director of Research. In just two years with the Council, Guillermo has done a tremendous job in shaping, transforming, and strengthening our work. Using his extensive experience as a social science researcher committed to impacting policy, he has enhanced our research, expanded our partnerships with the academic community, explored new research and funding strategies, and has stepped forward as a leader within our office and within the broader immigration community. As the new Deputy Director of Research, Guillermo will be responsible for leading our research efforts and managing our research team.Read more...

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IT Industry, Hispanics Team Up On Immigration

Published on Sat, Apr 10, 2010

Advocates for information-technology companies have allied with progressive and Hispanic groups to win a broad overhaul of immigration law, but they are also keeping open the option of pursuing a narrow set of tech-friendly legal changes in the next Congress.

"I'm happy to be part of comprehensive reform, and I'm happy to be part of a focused bill," said Brad Feld, a Colorado-based venture capitalist who is pushing to establish a Startup Visa program that would grant green cards to high-tech entrepreneurs. Feld lobbied Rep. Jared Polis, D-Colo., to add the proposal to an immigration bill drafted by Rep. Luis Gutierrez., D-Ill.

Published in the Information Technology Industry Council

Can Arizona really afford this immigration law?

Published on Fri, Apr 30, 2010

Arizona's harsh new immigration law has taken quite a beating in the past week.

President Obama has called it “misguided” and promised to keep an eye on it. Attorney General Eric Holder said the federal government may challenge the law. Calls for boycott are multiplying, threatening to stagnate Arizona’s already weakened economy.

But maybe the state's lawmakers should see all these potential obstacles as a blessing. Because the truth is, Arizona may not be able to afford this law anyway.

Published in the Salon

Conference focuses on immigration issues

Published on Wed, May 26, 2010

Fixing the border to solve immigration problems without addressing other issues is a little like solving just one side of a puzzle, an immigration policy expert said yesterday.

“You fix one side of a Rubik’s Cube, but the rest is a mess,” Mary Giovagnoli, director of the Immigration Policy Center, said.

Giovagnoli spoke at the ninth annual Cambio de Colores conference in Columbia. The three-day event focuses on Hispanics and immigrants in Midwestern communities and is co-sponsored by the University of Missouri System, MU, MU Extension and the Cambio Center.

Published in the Columbian Daily Tribune

Immigration Today

Immigration Today will allow middle grade students to develop their communications skills as speakers and writers as they discover how American immigrants continue to contribute positively to the American way of life.

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New Hampshire Reacts to Feds' Arizona Challenge

Published on Wed, Jul 07, 2010

Benjamin Johnson, executive director of the American Immigration Council, called the lawsuit filed yesterday an important step for the federal government to reassert its authority over immigration policy.

"While a legal challenge by the Department of Justice won't resolve the public's frustration with our broken immigration system, it will seek to define and protect the federal government's constitutional authority to manage immigration," Johnson said.

Published in the New Hampshire Union Leader

Rescinding an In Absentia Order of Removal

There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing, and (2) they did not appear at their hearing because of exceptional circumstances. This Practice Advisory addresses the elements and requirements for an in absentia motion to reopen in both contexts.

Published On: Wednesday, March 31, 2010 | Download File

The Immigration Debate in the Classtoom 2007

Educators across the nation are struggling with the fallout from the highly charged national debate on the issues of immigration reform and border security.

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