Today, Congressman Luis V. Gutierrez (D-IL) introduced the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP), in the House of Representatives. The 87 original co-sponsors of the bill include members of the Congressional Hispanic Caucus, Black Caucus, Asian Pacific American Caucus, and Progressive Caucus.
The American Immigration Council's Community Education Center has launced the 14th Annual "Celebrate America" creative writing contest. Every year thousands of 5th graders from across the country participate in local contests.
AIC Amicus Argues Employees Have Right to Remain While Extension Applications Pending
Released on Wed, Apr 13, 2011
Washington D.C. - A recent ruling from a federal judge in Connecticut confirmed that—as the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) argued in an amicus brief—the government may not arrest H-1B employees for whom timely-filed extension applications remain pending. The decision in El Badrawi v. United States, by U.S. District Judge Janet C. Hall, correctly recognized that a federal regulation allows H-1B employees to continue working for 240 days pending the adjudication of their extension applications, and that “work authorization is part and parcel of their authorization to be in the country, not a separate matter.” Permitting the initiation of removal proceedings during this period would thus be unfair to employees and employers alike, according to the decision.
The plaintiff, a Lebanese national, was gainfully employed as a medical researcher when his employer requested an H-1B extension in early 2004, more than a month before his H-1B status expired. Though his employer paid a $1,000 fee for premium processing of the application, the government never adjudicated it and refused to respond to requests for information. Nearly seven months after the request was filed, immigration agents arrested the plaintiff for allegedly “overstaying” his initial period of admission. He was placed in removal proceedings and detained for nearly two months.Read more...
Washington, D.C. - Today, the U.S. Court of Appeals for the Third Circuit joined the growing list of courts to reject the government’s attempt to bar noncitizens from seeking reopening or reconsideration of their cases from outside the United States. The American Immigration Council's Legal Action Center and the National Immigration Project of the National Lawyers Guild, which filed a joint amicus brief in the case and argued before the court, applaud the court’s ruling. “The court’s decision is yet another step in protecting the important safeguards that Congress put in place to help ensure that noncitizens are not unlawfully separated from their families,” said Beth Werlin of the Legal Action Center.
The Legal Action Center and the National Immigration Project have coordinated litigation on this issue nationwide and call on the Board of Immigration Appeals (BIA) to abandon its misguided regulation barring review of motions filed by noncitizens outside the United States. To date, six courts of appeals have rejected the departure bar. And just this week, the U.S. Court of Appeals for the Tenth Circuit, the only court with a decision at odds with the majority, granted rehearing en banc to address the validity of the departure bar. “The writing is on the wall. It’s past time for the government to stop cutting off access to the BIA and immigration courts by defending this clearly unlawful regulation,” said Trina Realmuto of the National Immigration Project.Read more...
On Wednesday, South Floridians from the University of Miami president to elected officials weighed in on the passing of U.S. Sen. Ted Kennedy, praising him for his lifetime commitment to public service.
Washington, D.C. - Last week an alliance of immigration advocacy groups represented by the Legal Action Center filed Freedom of Information Act (FOIA) requests with U.S. Customs and Border Protection (CBP). The FOIA requests seek information regarding CBP policies on providing translation assistance to other law enforcement agencies and on participating in 911 dispatch activities. The filing coincided with a federal agency decision finding the U.S. Forest Service’s policy of using Border Patrol agents as interpreters to be discriminatory. The alliance is seeking documents explaining the relevant legal authority, applicable procedural guidance, training materials, statistical data, and complaints filed with the government as a result of CBP's practices.
Over the past year, advocates in states along the northern border of the United States have reported that Border Patrol agents frequently “assist” other law enforcement agencies by serving as Spanish-English interpreters and participating in 911 dispatch activities. Capitalizing on their access to noncitizens, Border Patrol agents often use these opportunities to question individuals about their immigration status and, in many cases, initiate removal proceedings.
There is little public information about the scope and purpose of CBP's collaboration with other law enforcement agencies. The alliance hopes to promote greater transparency regarding these practices and includes the American Immigration Council, the Michigan Organizing Project/Alliance for Immigrants & Reform Michigan, Migrant Justice, the New York Immigration Coalition, the Northwest Immigrant Rights Project, and OneAmerica.
To view the FOIA requests in their entirety see:Read more...