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The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

The fugitive disentitlement doctrine arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.

Published On: Monday, April 29, 2013 | Download File

Community Grants

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The Community Education Center awards educational bi-annual grants of $100 to $500 to fund educational projects about immigrants and immigration.

Arizona Immigration Shutdown

Published on Fri, Jul 23, 2010

WATCH the American Immigration Council's Benjamin Johnson speak about birthright citizenship:

 

 

Read more...

Published in the CNN

Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).

For more information, please visit our asylum clock litigation page and read the updated FAQ on the benefits provided under the settlement agreement of the nationwide class action, ABT. v. USCIS, which challenged policies related to employment authorization for asylum applicants.

Published On: Wednesday, February 5, 2014 | Download File

Appreciating America's Heritage: 2008 Edition

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.

View the 2008 "Appreciating America's Heritage" Teacher Resource Guide

Fewer illegal immigrants living in U.S.

Published on Thu, Sep 02, 2010

The report findings closely mirror results released in July by the Immigration Policy Center that said illegal immigrants make up about 2.2 percent of Oklahoma's work force, contributing $580.3 million in economic activity and $257.8 million in gross state product.

Published in the Tulsa World

Service of BIA decisions

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The LAC filed an amicus brief on behalf of AILF, Northwest Immigrant Rights Project, and The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area in a petition for rehearing en banc. The panel held that the BIA does not have to reissue a decision even if the noncitizen says he or she did not receive the decision; the BIA need only show that it properly mailed the decision by regular mail. The decision places the burden on the parties to check (via the toll free hotline) to find out if the BIA has issued a decision. Amici argued that the BIA’s requirement to serve its decision must incorporate both dispatch and delivery.

  • Singh v. Gonzales                        9th Circuit                        No. 04-72701

MIPEX- Interactive Snapshot of World Migration

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-country national’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.

Year Released: 2012

High School

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Americans pessimistic heading into Election Day 2010 -- but about what issues?

Published on Mon, Nov 01, 2010

Counters Michele Waslin of the Immigration Policy Center: "Legalized immigrants will earn more, pay more taxes, consume more, buy houses, start businesses, and contribute more to the economy."

Published in the The Christian Science Monitor

Temporary Protected Status (TPS) and Adjustment of Status

A TPS recipient who is otherwise eligible may be granted adjustment of status.  One requirement for adjustment under INA § 245(a) is that the individual have been “inspected and admitted or paroled” into the United States.  Both USCIS and EOIR, in non-precedent decisions, have found that a TPS recipient who never made an authorized entry into the United States is not eligible for adjustment of status.  The Eleventh Circuit agrees.  However, the Sixth Circuit has held that, under the plain language of the TPS statute, a grant of TPS constitutes an admission for purposes of adjustment of status under INA § 245(a).  Flores v. USCIS, 718 F.3d 548 (6th Cir. 2013).   The American Immigration Council, with the Northwest Immigrant Rights Project, argues in amicus curiae briefs that other courts should follow the lead of the Sixth Circuit and find that a grant of TPS is an admission for purposes of adjustment of status.

CASES

Fiallos-Ortiz v. Holder, No. 13-70864 (9th Cir. amicus brief submitted Apr. 10, 2014).

Ramirez v. Dougherty, No. 13-1236-TSZ (W.D. Wash. amicus brief submitted Feb. 14, 2014).  The court issued a fully favorable decision on May 30, 2014.  Read our statement here.

Medina v. Johnson, No.14-1010 RB (E.D. Pa. amicus brief submitted Aug. 18, 2014).Read more...