This practice advisory addresses some of the factual scenarios and legal issues that may arise when seeking to suppress evidence unlawfully obtained at or near the border. This practice advisory supplements a prior LAC practice advisory, Motions to Suppress in Removal Proceedings: A General Overview, which has been updated to address certain strategic considerations concerning motions to suppress, including the advisability and timing of filing a concurrent request for prosecutorial discretion or a lawsuit for damages.
The American Immigration Law Foundation (AILF) is pleased to present the 2008 edition of "Appreciating America's Heritage" Teacher Resource Guide. First and foremost, this latest edition continues to keep the needs of classroom teachers in mind by providing new and innovative lesson plans, which can be implemented in any classroom, and book reviews for literature based lessons and research support. All materials included in these pages have been created by fellow educators who either serve as members of our Curriculum Advisory Board, have presented at an AILF symposium or have been awarded AILF classroom grants.
Indeed, there is conclusive evidence that granting amnesty to illegal immigrants enables them to boost their income, reducing socio-economic disparities. As part of the last attempt at immigration reform 25 years ago, the United States granted amnesty to nearly 3 million immigrants. A study carried out last November by the American Immigration Council found that whereas their homeownership rates and skills levels lagged those of equivalent ages who had been born in the United States, this gap had almost completely disappeared by 2006. Indeed, many of those who came to the United States in their late 20s and early 30s without the equivalent of a secondary education had improved their levels of qualifications, suggesting that they had invested time and money in remedial education.
Tell the LAC about your DOMA (Defense of Marriage Act) cases
AIC’s Legal Action Center is interested in hearing about pending immigration cases that involve the validity of a marriage involving a lesbian or gay foreign national. Please tell us about any case in which relief from removal hinges upon a qualifying spouse who is a lesbian or gay foreign national or any case in which an application for an immigration benefit (such as an I-130) hinges on recognition of a marriage involving a lesbian or gay foreign national. Reply if you have a case that currently is pending:
in federal court (either district court or the court of appeals);
before the BIA or an IJ; or
Please tell us the status of the case, what decisions have been made on the case, and whether the adjudicator has agreed to hold the case in abeyance until the constitutionality of the Defense of Marriage Act (DOMA) is resolved by the courts or until there is further action by the BIA in Matter of Dorman, 25 I&N Dec. 485 (Attorney General 2011).
In cooperation with Immigration Equality, the National Immigration Project and Northwest Immigrant Rights Project, we are interested in assessing the status of pending cases and exploring possible remedies.
Also, if you are interested in developments that relate to lesbian or gay marriages (and many other LGBT issues) please join the GLIG (LGBT interest group) of AILA. You can sign up by clicking “View and Change Listservs” on your MyAILA page.)
MIPEX is a fully interactive tool and reference guide to assess, compare and improve integration policy.Using 148 policy indicators MIPEX creates a rich, multi-dimensional picture of migrants’ opportunities to participate in society by assessing governments’ commitment to integration. By measuring policies and their implementation it reveals whether all residents are guaranteed equal rights, responsibilities and opportunities.
What can you do with it?
• Analyse seven policy areas which shape a legally resident third-countrynational’s journey to full citizenship. • Examine how policies compare against the standard of equal rights and responsibilities for migrants. • Find out how your country’s policies rank compared with other countries. • Track if policies are getting better or worse over time. • Dig into real examples of how to improve policies. • Use it to design and assess new laws and proposals on an on-going basis.
Private bills are not routinely introduced for undocumented individuals, according to Wendy Sefsaf, spokeswoman for the Washington-based Immigration Policy Center. During the 111th session of Congress, 104 bills were introduced for those who may suffer hardships if they were returned to native countries or became undocumented due to administrative delays.
That's low, Sefsaf said, compared to deportations: A record-breaking 392,000 illegal aliens were removed in 2010, a 70 percent increase from the previous administration, officials from the Department of Homeland Security and U.S. Immigration and Customs Enforcement announced in October.
Exactly how many private bills pass is unclear. Last week, for the first time in five years, Congress approved private bills for two Japanese citizens fighting to live in the United States — Shigeru Yamada, son of a woman who was killed in a car crash when he was a teenager and was never adopted, andHotaru "Hota" Ferschke, who found out she was pregnant and got married over the phone with a Marine who was killed in Iraq.
But Sefsaf said those cases are exceptions.
"Congress just needs to focus on a broader plan that would provide relief for the millions in this country that deserve to stay and figure out a way to weed out the ones that might not."
This issue covers a class action brought by religious workers seeking to file visa petitions and adjustment of status applications concurrently, circuit court decisions addressing IJ denials of continuances, updated AILF Litigation Issue Pages, a Favorable Fifth Circuit decision on the FTCA, and a new Eighth Circuit resource for litigators.
Santa Clara Valley 2011 Creative Writing Contest Winner
Published on Fri, May 20, 2011
During the Santa Clara Valley American Immigration Lawyers Association meeting the winner of the local American Immigration Council's 14th Annual "Celebrate America" Creative Writing Contest was honored and read his winning entry.
This issue covers Supreme Court developments, a class action to restore SSI benefits to immigrants, suits challenging anti-immigrant ordinances, and federal court jurisdiction to review an L-1A extension denial.