The LAC, along with the National Immigration Project of the National Lawyers Guild, is seeking to preserve federal court review of damages actions brought by noncitizens for abuse of authority of immigration agents. In actions brought under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics,403 U.S. 388 (1971) and the Federal Tort Claims Act (FTCA), the government has argued that INA § 242(g) bars the court’s review of damages claims brought against federal immigration officers because they involve the “commencement” of removal proceedings, adjudication of removal cases, or execution of removal orders. It also has argued that a Bivens action is not the appropriate remedy in the context of removal proceedings. The LAC argues that Bivens is an appropriate and available remedy for constitutional violations committed by federal immigration officers, and that the government’s argument would create virtual blanket immunity to Border Patrol and other federal immigration officers.
Tell us about your cases! The LAC would like to hear about cases in which the government argues that the court does not have jurisdiction over Bivens/FTCA damages suits in the immigration context. Please contact email@example.com to let us know what has happened in your clients' cases.
Author: Introduction by Laura Danielson and Stephen Yale-Loehr, Stories by Saundra Amrhein, Photographs by Ariana Lindquist
The American Immigration Council is proud to support the publication of Green Card Stories. Green Card Stories (due to be printed in November 2011) is an incredible tribute to the diverse backgrounds that make up our immigrant population in America today. The American Immigration Council’s mission is to “strengthen America by honoring our immigrant history by shaping how Americans think about and act towards immigration now and in the future” and we can’t think of a better way to further our mission than through this beautiful and touching book.
Not only can you pre-order books for yourself, your office, family members, clients, etc. you can also pre-order a book to donate to your local school, library or community center or you can donate a book to one of the Council’s designated “hot spots” where education on immigration is needed most. Could your Member of Congress use a thank you or a gentle reminder of who our immigrant population is? Donate a copy of Green Card Stories to a Congressional office. All donated books will be delivered free of charge with a note indicating your generous gift.
To get a preview of the book, check out this slideshow.
(While the federal government doesn’t seem likely to take up a broad discussion of immigration during this Congress, state governments continue to push their own laws. The left-leaning American Immigration Council has a guide on state immigration laws.)
Published in the Center for Investigative Reporting
This issue covers a new suit seeking detention standards, update on religious workers class action, class action certification in a naturalization delay suit, limitations on the categorical approach, and litigation resources on the web.
Some of the toughest bills in the nation aimed at illegal immigrants are making their way through legislatures in the South.
Proposed legislation in Alabama, Georgia and South Carolina, where Republicans control the legislatures and the governors’ mansions, have moved further than similar proposals in many other states, where concerns about the legality and financial impact of aggressive immigration legislation have stopped lawmakers.
Dozens of immigration-related bills showed up early in legislative sessions across the South. Some were aimed at keeping illegal immigrants from college or from marrying American citizens. Most died quickly, but three proposals designed to give police broader powers to identify and report illegal immigrants are moving forward.
The conservative political landscape, and a relatively recent and large addition of Latinos, both new immigrants and legal residents from other states, have contributed to the batch of legislation, say supporters and opponents of the proposed laws.
“The South has become a new gateway for immigrants,” said Wendy Sefsaf of the Immigration Policy Center, a research organization. “People see the culture shift, and they are a little bit freaked out.”
The Hispanic population in Alabama, for example, has increased by 144 percent since 2000, according to new census figures. In Mississippi, the numbers jumped by 106 percent, and in North Carolina by 111 percent. Over all, however, numbers remain small. Only about 4 percent of the population in Alabama is Hispanic. In South Carolina, the figure is 5 percent.
But Georgia has the seventh-largest population of illegal immigrants in the country, according to a report by the Pew Hispanic Center. There, a version of a law pioneered in Arizona would allow local police officers to inquire about the immigration status of people they suspect of committing crimes, including traffic violations.Read more...
IPC: Comprehensive Immigration Reform Could Generate "750,000 To 900,000 Jobs" And Increase GDP By $1.5 Trillion. In a report prepared for the American Immigration Council's Immigration Policy Center and the Center for American Progress, UCLA's Dr. Raul Hinojosa-Ojeda concluded that comprehensive immigration reform could add .84 percent to GDP each year, amounting to "at least $1.5 trillion in added GDP" over a ten-year period. He also concluded that comprehensive immigration reform could "generate $4.5 to $5.4 billion in additional net tax revenue" over a three-year period. According to Hinojosa-Ojeda:
[A]n increase in personal income of this scale would generate consumer spending sufficient to support 750,000 to 900,000 jobs. [Raising The Floor For American Workers: The Economic Benefits Of Comprehensive Immigration Reform, January 2010]
Economist Cowen: "Allowing In More Immigrants, Skilled And Unskilled" Would "Create Jobs." In a New York Times opinion piece titled "How Immigrants Create More Jobs," George Mason economist Tyler Cowen wrote that "it turns out that the continuing arrival of immigrants to American shores is encouraging business activity here, thereby producing more jobs, according to a new study." Cowen cited the research of economists at the University of California, Davis and at Bocconi Uniersity in Italy. According to Cowen:Read more...