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Executive Action on Immigration: A Resource Page

On November 20, 2014, President Obama stated “Now, I continue to believe that the best way to solve this problem is by working together to pass that kind of common sense law. But until that happens, there are actions I have the legal authority to take as Presidentthe same kinds of actions taken by Democratic and Republican presidents before methat will help make our immigration system more fair and more just.”

The resources below provide information on how the President Obama’s executive order will impact millions of undocumented immigrants, the historical precedent of executive action on immigration, and its legality.

American Immigration Council Resources on President Obama's Executive Action on Immigration:Read more...

DHS Extends Temporary Protected Status to Haitians

Released on Tue, May 17, 2011

Washington D.C. - Today, the Department of Homeland Security (DHS) took an important step on behalf of Haitians affected by last year’s devastating earthquake, demonstrating the humanitarian side of its immigration responsibilities.  Secretary Janet Napolitano announced that DHS would extend Temporary Protected Status (TPS) for an additional eighteen months for Haitians currently residing in the United States. She also announced that she would permit Haitians who arrived up to one year after the earthquake, many of whom came in on visitor visas and other authorized measures, to apply for TPS.  The following is a statement from Mary Giovagnoli, Director of the Immigration Policy Center.

“We applaud DHS’s decision both to extend the timing of TPS and to broaden the scope of people who qualify for it. In the chaotic days following the January 2010 earthquake in Haiti, the men and women of DHS worked hard to provide relief to survivors, admitting many people temporarily to save them from devastation, disease, and starvation. While DHS quickly designated TPS status for those Haitians residing in the U.S. at the time of the earthquake, many others who came to the U.S. within days or weeks of the disaster were ineligible for TPS, but were also unable to return home. Today’s announcement addresses these problems and recognizes the extraordinary need for a compassionate and humane response to the devastation in Haiti.Read more...

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Conrad And Baucus Appease Joe Wilson

Published on Thu, Sep 10, 2009

Most right-wingers and health care reform haters have at least conceded that there's language in the House health care bill that explicitly excludes undocumented immigrants, but none of them are willing to swallow their pride and admit that Rep. Joe Wilson’s (R-SC) blow-up was also factually incorrect. Republicans incessantly continue citing "loopholes" that they suggest actually do render President Obama a liar, or at the very least, misinformed.

Published in the Wonkroom

LAC Urges Fifth Circuit to Permit Removal Cases to Continue from Outside the United States

Released on Thu, Dec 15, 2011

Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Circuit Court of Appeals to reject the departure bar, a regulation that the Board of Immigration Appeals (BIA) interprets as barring it from reviewing cases after a person has left the United States. In this case, Lari v. Holder, the petitioner filed a timely motion to reconsider his removal order. Just three weeks later – before the BIA adjudicated the motion – the Department of Homeland Security deported him. The BIA then dismissed the motion, finding that it lacked authority to consider the petitioner’s claims now that he was outside the United States. The Legal Action Center and NIPNLG argue that the BIA’s rule unlawfully deprives noncitizens of their right to an adjudication of their removal case.

The Legal Action Center and NIPNLG have coordinated litigation on issues related to post departure review nationwide. Read more about the LAC and NIPNLG’s efforts on the LAC’s website. To date, six circuit courts have found the departure regulation unlawful.

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For inquiries contact Brian Yourish at byourish@immcouncil.org.

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Immigrants are vital to recovery

Published on Sun, Aug 16, 2009

As Pennsylvania grapples with a budget deficit brought on by the current recession, state and local policy makers would do well to keep in mind that immigrant communities are a potent force for economic recovery.

Published in the Philadelphia Inquirer

Warrantless Arrests and the Timing of Right to Counsel Advisals

Released on Fri, Nov 02, 2012

Challenging Matter of E-R-M-F- & A-S-M-:
Warrantless Arrests and the Timing of Right to Counsel Advisals

Washington, D.C.In Matter of E-R-M-F- & A-S-M-, 25 I. & N. Dec. 580 (BIA 2011), the Board of Immigration Appeals severely undermined the protections provided by 8 C.F.R. § 287.3(c), holding that certain noncitizens arrested without a warrant need not be advised of their rights, including the right to counsel, prior to post-arrest examinations. In a new practice advisory, Challenging Matter of E-R-M-F- & A-S-M-:  Warrantless Arrests and the Timing of Right to Counsel Advisals, the LAC highlights flaws in the E-R-M-F- decision and suggests strategies for challenging the BIA’s reading of § 287.3(c) and moving to suppress evidence obtained in violation of the regulation.

The Legal Action Center encourages attorneys with ongoing cases involving the timing of the 8 C.F.R. § 287.3(c) advisals to contact clearinghouse@immcouncil.org for further information.

For a complete list of all LAC practice advisories, please visit the LAC’s website.

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For more information, contact clearinghouse@immcouncil.org.

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Poll: Mexicans More Likely to Come to U.S. if Granted Amnesty

Published on Wed, Oct 14, 2009

The polling wars on immigration reform have officially begun. Today, the Center for Immigration Studies, which aims to restrict immigration to the United States and deport those who are here illegally, sent around the findings of a recent Zogby poll which finds that — surprise! — a majority of Mexicans say they think their friends and family would be more likely to come to the United States if the U.S. granted them permanent legal status. Never mind that no U.S. lawmaker is actually proposing to do that.

Published in the The Washington Independent

LAC Releases Updated Practice Advisories on the CSPA and the APA

Released on Fri, Jun 21, 2013

For Immediate Release
 

LAC Releases Updated Practice Advisories on the Child Status Protection Act and
the Administrative Procedure Act

 

Washington, D.C.—The Legal Action Center (LAC) is pleased to announce the release of two updated practice advisories:

·     The Child Status Protection Act.  The CSPA was enacted to provide relief to children who “age-out” as a result of both visa backlogs and delays by USCIS in processing visa petitions and asylum and refugee applications. This practice advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.Read more...

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Immigrant legalization viewed as a boon

Published on Fri, Jan 08, 2010

Legalizing the status of the roughly 12 million unauthorized immigrants living in this country would create jobs, increase wages and boost the sagging U.S. economy, an academic study released Thursday says.

Published in the San Antonio Express

Immigration Council Urges Broad Interpretation of § 212(h) Hardship Waiver

Released on Thu, May 22, 2014

On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to rehear Roberts v. Holder, 745 F.3d 928 (8th Cir. 2014). In that case, the court narrowly interpreted the hardship waiver found in INA § 212(h), thus depriving many lawful permanent residents (LPR) of the opportunity to apply for this waiver.  The Immigration Council and AILA urge the court to withdraw this decision and instead, to join the six other courts of appeals which have interpreted the waiver more broadly.  In doing so, the court would ensure that the class of deserving LPRs whom Congress intended to benefit are able to apply – and be considered – for the waiver.  Read more about the Immigration Council’s work on this issue here.

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For more information, email clearinghouse@immcouncil.org

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