The LAC Docket is the newsletter of the American Immigration Council's Legal Action Center. To view individual editions of the newsletter, please click the links below. Archives of our former newsletter -- the Litigation Clearinghouse Newsletter -- can be found here.
This issue of the Docket discusses our litigation involving eligibility for 212(h) waivers; adjustment of status for individuals granted TPS, but who entered without admission; and whether Border Patrol Agents can be liable for damages for Fourth Amendment violations. It also highlights our advocacy around the DACA renewal process and provides links to our updated practice advisory on the Equal Access to Justice Act.
This issue of the Docket announces the launch of a new website highlighting litigation that exposes CBP abuses; describes our litigation involving the right to bring litigation for damages suffered as a result of an unlawful deportation, eligibility for 212(h) waivers, advisals of rights before interrogation, ineffective assistance of counsel, and the right to cross examine witnesses in immigration court; discusses settlements in our class action lawsuits; and provides links to our new practice advisories.
The International Exchange Center of the American Immigration Council serves as a State Department designated third party sponsor for J-1 trainees and interns. We assist you through the application process and offer support and guidance for the duration of the trainee or intern program.
American Immigration Council Board Member Matthew Hirsch published a piece on the need for immigration reform in the Patriot News on the PennLive website. Here's an excerpt:
"Since the election, renewed attention has been focused on the issue of immigration reform and, like boxers circling in the ring, opposing sides seem to be inching toward some kind of compromise. The Republican leadership recognizes that shifting demographics helped President Obama win re-election, and it does not want to be the party of 'No' on immigration.
Both parties also understand that Congress is seen by the public as a pit of petty partisanship, and they view immigration as an issue that has the potential for a bipartisan bill they all can claim as their own.
These are good reasons for compromise on immigration, but there are at least five other good reasons for supporting immigration reform, which includes legalization of the undocumented."
Stephen K. Fischel commenced his government career in January 1974 with the Foreign Operations Division of the Passport Office, U.S. Department of State. He then transferred in 1975 to the Advisory Opinions Division in the Visa Office, also, of the Bureau of Consular Affairs at State.
Upon assuming the deputy division chief 's position in 1981, he entered the immigration community as a speaker and representative of the Visa Office. As Chief of the Legislation and Regulations Division in the mid 1980s, Mr. Fischel assumed responsibility for legislative policy for the Visa Office.
In 1997, he became the Director of the Office of Legislation, Regulations, and Advisory Assistance. In 1999, with the absorption of USIA, he received the Waiver Review Division under his responsibility. Over the following several years, he introduced technology (online status checks, online applications, etc.) into the process. Providing the division with more human resources and specifically designed case file control system, backlogs were eliminated as processing times were greatly reduced.
In 2001, the Assistant Secretary and Deputy Assistant Secretary for Consular Affairs asked Mr. Fischel to participate on the President's Bilateral Migration Talks with Mexico. He provided many options to address the "regularization" of undocumented Mexicans, crafted a framework for a bilateral Temporary Worker Program, and designed significant reform to the H-2B program. He continued involvement in this area as State's representative on the President's revised Temporary Worker Program until retirement.Read more...
"King has absolutely no proof for this disgusting, prejudiced statement. (Then again, one wonders what constitutes proof for a congressman who thinks snow disproves global warming.) As the Immigration Policy Center points out, using data from the census, the Pew Hispanic Center and the FBI, crime rates have fallen in the United States as the immigrant population (legal and illegal) has increased."
Andrea Guttin, Esq. is an attorney currently residing in Austin, Texas. She is a graduate of the University of Texas at Austin and holds a J.D. and an M.A in Latin American Studies. She would like to thank Diego Garcia‐Olano for creating the database and inputting arrestee data, without which any analysis would have been impossible.
The article higlights grassroots efforts to hold law enforcement accountable for abuse and mistreatment.
"A New Mexico woman recently filed a lawsuit after she experienced a six-hour search trying to cross legally from Ciudad Juarez into El Paso. The search, which included anal and vaginal probes, found no drugs.
Nationally, of those who come into contact with CBP, 11 percent report experiencing varying degrees of physical abuse and 23 percent say they received verbal abuse, according to a recent report by the Immigration Policy Center.
Far from being isolated incidents, the report’s authors argued, the mistreatment they recorded corresponds to a well-documented pattern of behavior. Of deportees interviewed for a 2011 report by the humanitarian border organization No More Deaths, 10 percent said U.S. authorities physically abused them. A separate report looking at Salvadorans deported between 1999 and 2000 found that 16 percent experienced physical abuse.Read more...
Margaret D. Stock is an attorney in Anchorage, Alaska; a Lieutenant Colonel in the Military Police Corps, U.S. Army Reserve; and an Associate Professor (Drilling Individual Mobilization Augmentee) in the Department of Social Sciences at the U.S. Military Academy, West Point, New York. She is a recipient of the 2013 MacArthur Genius Grant. The opinions expressed in this report are the author’s and do not necessarily represent the opinions of the U.S. Military Academy, the Department of the Army, the Department of Defense, or any other government agency.
Reports released by the Social Security and Medicare Boards of Trustees this week have re-focused public attention on the deteriorating financial condition of the nation’s main health and retirement programs. These reports underscore not only the severity of the current recession, but also the demographic crisis confronting the nation as the native-born population ages. The coming wave of retiring Baby Boomers reminds us of the increasingly important role that immigrants play in the U.S. economy as taxpayers, workers, consumers, and homebuyers.