Challenging Matter of E-R-M-F- & A-S-M-: Warrantless Arrests and the Timing of Right to Counsel Advisals
Washington, D.C.—In Matter of E-R-M-F- & A-S-M-, 25 I. & N. Dec. 580 (BIA 2011), the Board of Immigration Appeals severely undermined the protections provided by 8 C.F.R. § 287.3(c), holding that certain noncitizens arrested without a warrant need not be advised of their rights, including the right to counsel, prior to post-arrest examinations. In a new practice advisory, Challenging Matter of E-R-M-F- & A-S-M-: Warrantless Arrests and the Timing of Right to Counsel Advisals, the LAC highlights flaws in the E-R-M-F- decision and suggests strategies for challenging the BIA’s reading of § 287.3(c) and moving to suppress evidence obtained in violation of the regulation.
The Legal Action Center encourages attorneys with ongoing cases involving the timing of the 8 C.F.R. § 287.3(c) advisals to contact firstname.lastname@example.org for further information.
For a complete list of all LAC practice advisories, please visit the LAC’s website.
In his Dec. 3 Ideas piece, “Recovering Stolen Jobs Key to Recovery,” Rep. Lamar Smith (R-Texas) misconstrues the relationship between unauthorized immigration and unemployment among native-born workers. Smith seems to think that deporting the 8 million unauthorized-immigrant workers now in the United States would magically create 8 million job openings for unemployed, native-born Americans. In the real world, however, it’s not that simple. Immigrant and native-born workers cannot simply be exchanged for one another like batteries.
LAC Releases Updated Practice Advisories on the Child Status Protection Act and the Administrative Procedure Act
Washington, D.C.—The Legal Action Center (LAC) is pleased to announce the release of two updated practice advisories:
·The Child Status Protection Act. The CSPA was enacted to provide relief to children who “age-out” as a result of both visa backlogs and delays by USCIS in processing visa petitions and asylum and refugee applications. This practice advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.Read more...
Legalization of the more than 11 million unauthorized immigrants in the United States would raise wages, increase consumption, create jobs and generate more tax revenue, two policy institutes say in a joint report Thursday. The report by the Center for American Progress and the American Immigration Council estimates that "comprehensive immigration reform that legalizes currently unauthorized immigrants and creates flexible legal limits on future immigration" would yield at least $1.5 trillion in added U.S. gross domestic product over a 10-year period.
On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to rehear Roberts v. Holder, 745 F.3d 928 (8th Cir. 2014). In that case, the court narrowly interpreted the hardship waiver found in INA § 212(h), thus depriving many lawful permanent residents (LPR) of the opportunity to apply for this waiver. The Immigration Council and AILA urge the court to withdraw this decision and instead, to join the six other courts of appeals which have interpreted the waiver more broadly. In doing so, the court would ensure that the class of deserving LPRs whom Congress intended to benefit are able to apply – and be considered – for the waiver. Read more about the Immigration Council’s work on this issue here.
More than one year into the administration of President Barack Obama, the Department of Homeland Security (DHS) still must pursue some key changes in support of immigration reform to embrace Obama's intended immigration policy objectives, a policy group said Tuesday.
DHS must move forward in due process for illegal immigrants by creating an ombudsman at US Immigration and Customs Enforcement (ICE) to investigate complaints and keep its focus on detention reform at ICE, recommended the Immigration Policy Center in its report, The Challenge of Reform: An Analysis of Immigration Policy in the First Year of the Obama Administration.
On Thursday, NumbersUSA — an immigration restrictionist group that calls for the suspension of most legal immigration — pounced on a report by the Public Policy Institute of California (PPIC) which found, amongst other things, that legalizing undocumented immigrants would not have a “significant effect” on the economy. According to NumbersUSA director Roy Beck, PPIC’s study validates what his organization has been saying all along:
Amnesty supporters claim that illegal aliens are paid below average wages, but by offering them a path to citizenship, their wages will increase. The study by the non-partisan institute, however, says that’s not the case.
Having been born on the banks of the Rio Grande (Eagle Pass, Texas) and after living 25 years among 2.4 million people in El Paso-Juárez — more than two-thirds of whom speak primarily Spanish — I have acquired a layman’s understanding of international relations. One lesson I’ve learned: Never treat a beehive like a piñata.
The violence has increased since 2007 – on the Mexican side of the border. What gets lost in this debate is that violence on the American side of the border has actually decreased.
A report by the Immigration Policy Center compiled using statistics from the US Bureau of Justice Statistics found that violent and property crime in Arizona has been on a steady decline since 2002. It decreased by 8% in six years. Violent crime impacted 447 people out of 100,000 in 2008 compared to 555 in 2002.