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Litigation Clearinghouse Newsletter Vol. 1, No. 3

This issue covers the favorable district court order in the ADIT litigation (Santillan v. Gonzales) and recent decisions addressing Matter of Grijalva and the presumption of effective service.

Published On: Monday, January 9, 2006 | Download File

"Ni Hao" from Hilary Xu

December, 2008
Hilary Xu

The Exchange Visitor Program is pleased to announce Hilary Xu as December'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...

Utah’s immigration bills – a blast from the past

Published on Fri, Mar 18, 2011

The new face of immigration "reform"? Republican Utah Governor Gary Herbert. (Photo by Chip Somodevilla/Getty Images)

Labor supply programs for employers, with deportations and diminished rights for immigrants, have marked U.S. immigration policy for more than 100 years.

Last week the Utah legislature passed three new laws that have been hailed in the media as a new, more reasonable, approach to immigration policy. Reasonable, that is, compared to Arizona’s S.B. 1070, which would allow police to stop anyone, demand immigration papers and hold her or him for deportation. Utah’s law was signed by Republican Governor Gary Herbert on Tuesday, March 15. Arizona’s S.B. 1070 is currently being challenged in court.

Utah’s bills were called “the anti-Arizona” by Frank Sharry, head of America’s Voice, a Washington D.C. immigration lobbying firm. According to Lee Hockstader, on the Washington Post’s editorial staff, the laws are “the nation’s most liberal—and most reality-based—policy on illegal immigration.”

The Utah laws, however, are not new. And they’re certainly not liberal, at least towards immigrants and workers. Labor supply programs for employers, with deportations and diminished rights for immigrants, have marked U.S. immigration policy for more than 100 years.Read more...

Published in the In These Times

Freedom of Information Act

ARCHIVED ISSUE PAGE (LAST UPDATED JUNE 2012)

The Freedom of Information Act (FOIA) provides that "any person" may request agency documents, see 5 U.S.C. § 552(a)(3), and agencies may only withhold information from a FOIA requester under certain exceptions outlined in 5 U.S.C. § 552(b)(1)-(9). These exceptions are to be narrowly construed, and the burden is on the agency to show why non-compliance with a FOIA request clearly falls under one of these exceptions. 5 U.S.C. § 552(a)(4)(B). FOIA also requires that an agency determine whether it will comply with an initial FOIA request within 20 days of receiving the request. 5 U.S.C. § 552(a)(6)(A)(i). If the agency withholds information or is nonresponsive, the requestor may file an administrative appeal and then file suit in district court.

This Litigation Issue Page summarizes and discusses recent developments in immigration-related FOIA lawsuits. The page also provides information about attorneys' fees, non-litigation related FOIA developments, and links to FOIA resources.

Active Cases|Closed Cases|Non-Litigation Related Developments|Attorney Fees|Additional Resources

Active Cases

FOIA Suit Seeks Release of Prosecutorial Discretion Directives and Guidelines for Removal Proceedings

National Immigrant Justice Center v. DHS, et al., No. 12-04825 (N.D. Ill. filed June 18, 2012)Read more...

Fly Fishing with Scott Marshall

October, 2012

This month we had the chance to speak with Scott Marshall from Australia about his current training in Los Angeles. We also talked about an epic road trip he took to Yellowstone and the differenced between basketball in the States and down under...
Read more...

Dear Eva Longoria, Obama Is Lying to You About His Immigration Policy

Published on Mon, May 09, 2011

Hi Eva, I hope it’s okay that I address you by your first name.

We’re big fans of you over here at Colorlines. There are some very committed Desperate Housewives fans on staff, but I think I started following your political work after I heard you were going back to school to get your master’s in Chicano Studies at CSU Northridge. (Yay, public education!) And you won me over when you came out in support of the DREAM Act. You use your celebrity for good, and are community-minded, too.

But, okay, enough gushing. The real reason I’m writing is to let you know you’re being lied to. Well, you and the dozen other Latina and Latino celebrities including America Ferrera, Emilio Estefan and Rosario Dawson who were at the recent White House meeting to discuss, according to the White House, “the importance of fixing the broken immigration system … so that America can win the future.”

President Obama’s been getting a bunch of heat recently from immigrant rights groups, and even members of Congress, who are demanding that he use his executive authority to halt the deportation of certain groups, including DREAM Act-eligible youth. The DREAM Act would allow undocumented youth who’ve grown up in the country to eventually become eligible for citizenship if they cleared a long list of hurdles and committed two years to the military or education. Obama’s administration heartily supported it; his education, labor, homeland security and defense secretaries—even his agriculture secretary!—all made strong public statements announcing their unequivocal support of the bill when it was being debated in Congress last December. But after it failed, Obama’s kept on deporting would-be beneficiaries anyway.Read more...

Published in the Colorlines Magazine

Adjustment of Status for Arriving Aliens in Removal Proceedings

Mouelle v. Gonzales, 548 U.S. 901 (2006)Read more...

  • In a summary order dated June 26, 2006, the Supreme Court vacated the Eighth Circuit’s judgment and remanded the case for further consideration in light of 71 Fed. Reg. 27,585, the interim rule regarding adjustment of status for arriving aliens.

Rep. Hansen Clarke and 3 Facts About Undocumented Immigration

Published on Wed, Jul 13, 2011

At a recent event in Detroit organized by the Alliance for Immigrants Rights to address local racial profiling of Latinos by ICE, U.S. Rep. Hansen Clarke took a step that few people — let alone politicians — take: he admitted that his father was likely an undocumented immigrant.

Clarke told community members, “I’m the son of an undocumented immigrant — and I’m proud to say that.” Clarke spoke at the forum at Hope of Detroit Academy, a school targeted in March by ICE agents who are now being investigated after going after parents as they dropped their kids off at school.

Clarke is of African-American and Bangladeshi descent. His African-American mother raised him as a single parent after his father who emigrated from Bangladesh, passed away when Hansen was eight years old. Hansen, the first U.S. Congressman of Bangladeshi descent, told the Detroit Free Press his father was ” ‘more than likely undocumented’ when he came to the U.S. His father immigrated in the 1930’s from pre-Partition India, then under British rule, and died in 1965.” (We would have liked to link back to the Free Press article, but are tired of linking to articles with the i-word in the title, especially as this man did not call his father “illegal.”)

In this anti-immigrant climate, Rep. Clarke took some political risk in admitting something about his family’s past that many other public officials would also be correct in disclosing. One of the most popular comebacks from a range of people — including minutemen border militia, hardcore immigration restrictionists like Numbers USA and the like, and both Republicans and Democrats — is that people need to get papers the “legal” way and “get in line,” just like their parents or grandparents or some ancestor did.Read more...

Published in the Colorlines Magazine

Understanding the Final Rule for J-1 Trainee and Intern Programs

New final rules became effective Sept. 9, 2010 for J trainee and intern programs 22 C.F.R.§ 62 (2010). With few exceptions, the final rule will produce little change to the way J trainee and intern programs have been administered since the interim-final rule of 2007.

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