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Secretary Janet Napolitano Testifies Before Congress

Released on Wed, Dec 09, 2009

Washington D.C. - Today, the Senate Judiciary Committee held an oversight hearing with Department of Homeland Security (DHS) Secretary Janet Napolitano. The Secretary's opening statement reiterated her view that immigration enforcement is a necessity, but that enforcement alone is not a solution for our broken immigration system. Secretary Napolitano noted, "We can no longer perpetuate a status quo that is unacceptable for workers, employers, law enforcement, faith leaders, and America as a whole. We must seize this moment to build a truly effective immigration system that deters illegal immigration, provides effective and enduring enforcement tools, protects workers from exploitation and retaliation, and creates a tough but fair path to legalization for the millions of illegal immigrants already here."

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California

Council Resources for
AILA San Diego, Southern California, Nothern California, Santa Clara Chapter:

California Policy Resources       Northern California Education Resources  

San Diego Education Resources   San Jose Education Resources

The Council in the News      Practice Advisories       Immigration Impact Blog

 

Your San Diego Council Ambassador: Diana Vellos Coker
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Pew Report Sheds Little Light on Birthright Citizenship

Released on Wed, Aug 11, 2010

Washington D.C. - Over the last several weeks, a handful of elected officials have re-ignited a call for the repeal of birthright citizenship. Claiming that countless unauthorized and temporary immigrants are coming to the United States solely to give birth, some are suggesting changing the Fourteenth Amendment of the U.S. Constitution, thereby forcing the U.S. government to individually determine the citizenship of every single child born in the country.

A new report from the Pew Hispanic Center is intended to provide data on the numbers of children born to unauthorized immigrants each year. However, the report offers no real clarity on the question of birthright citizenship. Limitations in the Census data upon which the report is based make it impossible to determine how many children are born into families in which both parents are unauthorized or temporarily in the United States. As a result, the report is only able estimate that 340,000 of the 4.3 million children born in the United States in 2008 had at least one unauthorized parent. In other words, this figure includes families in which one parent is unauthorized and the other a U.S. citizen or legal immigrant, so we still have no idea how many children would be affected by a change to the Fourteenth Amendment. If anything, the Pew report highlights how complicated this issue is given that so many unauthorized immigrants live in "mixed status" families that also include U.S. citizens and legal immigrants.Read more...

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IJs Should Exercise Authority to Halt Proceedings against Noncitizens with Serious Mental Disabilities

LAC Files Amicus Brief Supporting Termination of Removal Proceedings

Released on Thu, Mar 17, 2011

Washington D.C. - This week, the American Immigration Council's Legal Action Center (LAC) and Texas Appleseed filed an amicus brief with the Board of Immigration Appeals (BIA) supporting Immigration Judges' authority to terminate removal proceedings against noncitizens with serious mental disabilities where a full and fair hearing would be impossible. Because immigration courts lack many of the due process protections that exist in other areas of our judicial system, more specific safeguards are necessary to protect the most vulnerable populations.

The LAC and Texas Appleseed filed the brief in the case of B-Z, a longtime legal permanent resident diagnosed with paranoid schizophrenia, who could not understand the purpose of the proceedings, assist counsel with his defense or present coherent testimony. The brief argues that immigration courts should adopt standards for evaluating mental competency similar to those employed in federal criminal or civil trials. Furthermore, Immigration Judges should be permitted to appoint counsel where non-citizens with serious mental disabilities are not competent to proceed on their own. Additional safeguards, including the appointment of a guardian ad litem, may also be required for noncitizens who are so severely incapacitated that they cannot understand and assist with their hearings even with the assistance of counsel. Finally, the brief contends that termination is proper where no conceivable set of safeguards would enable the respondent to participate meaningfully in proceedings and the record supports some inference of eligibility for relief.Read more...

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Canada

Your Council Ambassador: Eric Fleischmann

ericf@lkwvisa.com
Lee, Kosto & Wizner LLP
Website:
www.lkwvisa.com
About Eric:
Eric Fleischmann is partner of Leete, Kosto & Wizner, LLP. He represents a wide range of businesses in employment related immigration matters. He obtained his BA, cum laude, from Yale College and his JD from the University of Virginia, where he received first prize in the Nathan Burkan Memorial Competition. He is the author of several recent articles on business immigration, including "Impending Shortage of H-B Professional Workers" for the Connecticut Tech Tribune, "Shattering the Myth of Permanence: Permanent Portability Under AC21" and the related "Agency Alert" for Immigration Law Today. He is a contributor to the AILA Immigration Practice Toolbox and to Immigration Practice under NAFTA, publications of the American Immigration Lawyers Association. He is a member of both the Connecticut Bar Association and the American Immigration Lawyers Association. He focuses his practice on assisting large multinational companies in bringing high-tech workers from abroad to work throughout the United States. Mr. Fleischmann is listed in The Best Lawyers in America.

American Immigration Council Applauds DOJ for Responding to Alabama’s Punitive Anti-Immigrant Law

Released on Tue, Aug 02, 2011

Washington, D.C. – On Monday, the Department of Justice filed suit against the state of Alabama to block the implementation of HB 56, which is set to take effect September 1. HB 56 is similar to but far more punitive than Arizona’s SB 1070. The law includes provisions that require local school districts to check and report on the immigration status of all children enrolling in public schools. It also transforms local police into federal immigration officers, and creates criminal consequences for anyone who provides housing, transportation, or employment to undocumented immigrants.

Alabama is the second state, after Arizona, that the Department of Justice has sued for overstepping its authority to regulate immigration. Lawsuits have also been filed in Utah, Indiana and Georgia by immigrant rights and civil liberties groups. So far, the courts have prevented each state from implementing the central provisions of their anti-immigrant laws. In truth, all these laws have done is inflict long-lasting damage to these states’ reputations, businesses, and budgets.Read more...

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Immigration reshaping the political landscape

Published on Sun, Aug 23, 2009

New U.S. citizens like Ignacia J

Published in the The Santa Fe New Mexican

AIC Challenges BIA Decision Denying Miranda-like Warnings to Immigrants Under Arrest

Released on Mon, Apr 23, 2012

Washington, D.C.—On Friday, the American Immigration Council challenged a decision by the Board of Immigration Appeals (BIA) ruling that immigrants who are arrested without a warrant do not need to receive certain Miranda-like warnings before being interrogated.  

Under federal regulations, immigration officers must advise such noncitizens of the reason for their arrest, of their right to legal representation, and that anything they say may be used against them in a subsequent proceeding. Last August, however, the BIA ruled that these warnings are not required until after questioning has ended and charging papers are filed with an immigration court. 

In an amicus brief filed with the U.S. Court of Appeals for the Ninth Circuit, the Council argued that the BIA misinterpreted both the text and purpose of the regulation.  

“As a matter of law and fundamental fairness, people placed under arrest should be advised of their rights before questioning, not after,” said Melissa Crow, Director of the American Immigration Council’s Legal Action Center. “The BIA’s ruling renders the notifications virtually meaningless and will subject countless immigrants to coercive questioning by federal officers.” 

The brief was joined by the American Immigration Lawyers Association, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, the National Immigration Law Center, the National Immigration Project of the National Lawyers Guild, and the Northwest Immigrants Rights Project. 

The Ninth Circuit case is Miranda Fuentes v. Holder, No. 11-72641. The BIA ruling under challenge is Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011).  

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Sunday Pops

Published on Sat, Aug 01, 2009

Those much ballyhooed public state House-Senate conference committee hearings designed to end the long budget impasse were quickly suspended last week. And, as predicted here, a whining Gov. Rendell took the talks back behind closed doors. It's another exercise in screw-the-public politics.

Published in the Pittsburgh Tribune

Carmen A. DiPlacido – A Champion and a Friend

Released on Tue, Feb 05, 2013

The American Immigration Council mourns the loss of Carmen A. DiPlacido, an extraordinary lawyer known as much for his kind and gentle spirit as for his singular expertise in citizenship, naturalization and consular practice.  He had superb intellect, enormous practical knowledge, huge institutional memory, and unstinting and consistent generosity in sharing it all.

Before joining the private bar in 1997, Carmen had a distinguished 27-year career in the U.S. Department of State, where he served in numerous positions, including Director, Office of Citizens Consular Services and Director, Office of Policy Review and Interagency Liaison, Overseas Citizens Services, as well as Acting Deputy Assistant Secretary of State for Passport Services and Acting Deputy Assistant Secretary of State for Overseas Citizens Services.  A singular contribution of his was the landmark Child Citizenship Act of 2000, which Carmen authored to imbue derivative citizenship with his trademark fairness and compassion.

In addition to his long-time support for our work here at the Immigration Council, Carmen was an ardent supporter of individuals with special needs, and was the president of the board of directors of Porto Charities, Inc., a charitable organization dedicated to actively assisting people with developmental or intellectual disabilities; their community and their environment.  

Carmen is survived by his wife, Ann, and his daughter, Christie.

Carmen was a colleague and a dear friend to us all.  He will be missed by all those who had the pleasure of knowing him.

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