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Litigation Clearinghouse Newsletter Vol. 1, No. 2

This issue covers "Arriving Aliens" and Adjustment of Status, Drug Possession Cases at the Supreme Court, and Jurisdiction to Review Asylum One Year Bar Decisions.

Published On: Tuesday, December 20, 2005 | Download File

Revealed: How majority of immigrants arriving in U.S. now have a college degree

Published on Fri, Jun 10, 2011

It seems immigrants coming into the U.S. are generally a highly-educated bunch.

College-educated immigrants now outnumber those entering the country with just a high school degree - and the variation is much bigger in urban areas, a report says.

They outnumber those educated at high school by 25 per cent in 44 major American cities - and 30 per cent of working-age immigrants now have a college degree, compared to 19 per cent in 1980.

Talented arrivals: College-educated immigrants now outnumber those entering the country with just a high school degree - and the variation is much bigger in urban areas, a report by the Brookings Institution says

An increase in demand from U.S. employers has seen more college-educated immigrants arriving in the U.S. over the past decade than immigrants without high school education, reported Yahoo News.

Only 28 per cent of U.S. immigrants are without a high school diploma and half of skilled immigrants are overqualified for their jobs, a report by the Brookings Institution in Washington D.C. said.

One reason behind the rise seems to be U.S. employers favouring a foreign-born workforce because they already have the required training and expect to be paid less, reported the Washington Post.

Changes: An increase in demand from U.S. employers has seen more college-educated immigrants arriving in the U.S. over the past decade than immigrants without high school education

Samir Kumar, 39, said he looks for immigrants with the same skills and education as U.S.-born workers for his Virginia IT business.

‘They actually don't demand a very high amount of salary, the expectations are kind of grounded and they don't jump around so much,’ he told the Washington Post.Read more...

Published in the Daily Mail UK

Enforcement, Lawsuits

ARCHIVED ISSUE PAGE (LAST UPDATED AUGUST 2011)

ICE has expanded its enforcement activities, resulting in many highly publicized and criticized enforcement actions at workplaces and in homes and local communities. ICE also is employing local and state officers in some of these actions. This Litigation Issue Page highlights litigation challenging the legality of enforcement activities.

Unlawful Searches and Seizure (outside the workplace)|Worksite Raids|Additional Resources

Unlawful Searches and Seizure (outside the workplace)

Arizona 

Suit Challenged Unlawful Stop; Alleged Ethnic Profiling
Mora v. Arpaio, No. 09-01719 (D.Ariz. dismissed July 13, 2011)
(CASE CLOSED)

An LPR and his U.S. citizen son filed a suit against Sheriff Joseph Arpaio and several other Maricopa County officials, charging that sheriff’s deputies unlawfully stopped their vehicle on a public street, then searched and detained them for several hours during an immigration-related raid at a worksite 100 yards away. Plaintiffs charge, inter alia, that they were targeted because of their ethnicity and/or perceived national origin and were subjected to unreasonable search and seizure. Plaintiffs claim that the deputies’ actions in this case form part of a pattern or practice of constitutional violations by the Maricopa County Sheriff’s Office in its conduct of immigration enforcement raids. Plaintiffs are seeking declaratory relief and compensatory and punitive damages.Read more...

Appeals Court Sets Precedent in Post Departure Bar Ruling on Immigration Case

Published on Wed, Aug 10, 2011

On August 3, 2011, the Third Circuit Court of Appeals set a new legal precedent when it issued its opinion in Prestol Espinal v. Attorney General, No. 10-1473 (2011) granting the client of San Francisco immigration lawyer Jacqueline Brown Scott petition for review. The Court invalidated the so-called "post-departure bar" on motions to reopen and motions to reconsider, finding that the regulation prohibiting such motions conflicts with the clear language of the statute. The Board of Immigration Appeals (BIA) had denied the timely motion by Brown Scott's client to reconsider on jurisdictional grounds. The Third Circuit reversed and remanded the case to the BIA so that it could consider the legal arguments presented in the motion to reconsider.

Federal immigration law gives noncitizens the right to file motions to submit new evidence or arguments after their removal orders become final. Nevertheless, the BIA has maintained for decades that it cannot consider such motions if a foreign national is outside the United States, even if the government, the other party in the litigation, is the cause of removal of the foreign national.

The government has an incentive to remove noncitizens from the country before they have an opportunity to file such motions. "In my client's case, this is exactly what happened-the government forcibly removed him during the 30-day period in which he was permitted to file his motion to reconsider," explains Brown Scott.

Brown Scott says this new ruling means people who are in immigration court proceedings in the jurisdiction of the Third Circuit will not be denied their statutory right to file one motion to reopen or reconsider, and submit new evidence or advance new legal arguments, even if the government has already removed them from the country. The fact that they may no longer be in the United States is irrelevantRead more...

Published in the San Francisco Chronicle

Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen

Kucana v. Holder, 558 U.S. 233 (2010)

 

In a unanimous decision, the Supreme Court held that the courts of appeals have jurisdiction to review a BIA decision denying a motion to reopen. Read more...

John Patrick Leyba Can Now Call Himself a Cowboy

April, 2008
John Patrick Leyba

The Exchange Visitor Program is pleased to announce John Patrick Leyba as April’s Exchange Visitor of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American Culture. Read more...

Boycotts protest Alabama's immigration law

Published on Thu, Oct 13, 2011

Hundreds of Hispanic students were missing from classrooms in the Birmingham area on Wednesday, some Mexican restaurants were closed and workers did not show up at other businesses as Hispanics stayed home to protest the toughest immigration law in the country.

The boycott, designed to demonstrate the contribution that Hispanic immigrants make to Alabama, seemed to have mixed success across the Birmingham area. While some businesses were closed, other employers reported all of their workers came to work. The impact of the boycott appeared more profound in north Alabama, where several poultry plants were closed.
...

The Immigration Policy Center, an arm of the American Immigration Council in Washington, disagrees. It released a report last week that estimates immigrants comprised 4.9 percent of Alabama's work force in 2010. Citing data from the Institute for Taxation and Economic Policy, the Immigration Policy Center estimates that in 2010, unauthorized immigrants in Alabama paid $130.3 million in state and local taxes.

That includes $25.8 million in state income taxes, $5.8 million in property taxes and $98.7 million in sales taxes.

Published in the The Birmingham News

The J-1 in American Happy Hour

A Special Announcement for All J-1 Participants:

The International Exchange Center and the American Council on International Personnel are hosting a joint happy hour event in Manhattan, NY.

The event is a chance for you to connect with other J-1s living in the Greater New York/New Jersey/Connecticut area and share some of the experiences that are unique to exchange visitors currently living in the United States.
We are all very excited to meet some of the participants in our programs and to hear about your adventures, so please come and join us for our first meet up of the New Year!

EVENT:
The J-1 in America Happy Hour!

DATE&TIME:
Friday, 1.18.2013 @ 6:00PM - 8:00PM

LOCATION:
Jack Doyle’s
246 West 35th Street NY, NY 10001 (MAP)
(www.jackdoylesnyc.com)

There will be food, many opportunities to share your stories, and hopefully lots of laughter and great conversation all around. If you plan to attend, please send a short email to J1Program@immcouncil.org so we can get an idea of how many people are coming.

Thank you for being part of the International Exchange Center and we can’t wait to see you there!


-The International Exchange Center Staff