This practice advisory discusses the procedural requirements for an APA suit, highlights the primary issues that arise in such cases, and provides examples of how the courts have decided these issues in immigration cases.
Mary Giovagnoli, director of the Immigration Policy Center, said the timing of his announcement and his harsh choice of words – “They come here to drop a child. It’s called drop and leave” -- indicated Graham was simply trying to rile up his conservative base in the midst of the red-hot immigration debate.
Giovagnoli, whose group backs comprehensive immigration reform, said “it really is a politically manufactured issue.”
This practice advisory discusses the “brief, casual and innocent” standard under existing case law. Though such case law may inform USCIS’s review of absences from the United States, DACA adjudicators are not bound by these decisions. Courts have often adopted generous interpretations of the “brief, casual and innocent” standard, and it is hoped that USCIS will do the same in the DACA context.
The objective of From War on Terror to War on Bias is to broaden the view students may have of Iraqi and Muslim immigrants. Students will examine current stereotypes and other forms of judgment as well as gain insight into the struggles immigrants face while adapting to a new culture.
Some African Americans have been fearful that the migration of our undocumented neighbors might have an adverse affect on their employment. The truth is, according to a May 2009 report from the Immigration Policy Center, there is no correlation between immigrants entering the labor workforce and the unemployment rate among native-born African Americans. Unfortunately, the unemployment rate in the African American community sits at 14.8%. This is due to broader macroeconomic developments, such as the loss of jobs in the auto and steel industries. We must work to address these issues head on, as opposed to using immigration as a scapegoat.
The Legal Action Center's amicus brief for the Immigration Council and AILA, filed in In Re Ting Ting Chi, No. A96-533-521, argues that K-2 visa holders, the offspring of fiancé(e)s of U.S. citizens, may adjust even after turning 21 years of age as they are derivatives of non-citizen K-1 fiancé(e) parents. If you have a case that raises this issue, please contact us at firstname.lastname@example.org.
In Re Anchalee Satidkunakorn, Case No: A096-722-341 (BIA amicus filed)
In Re Qiyu Zhang, Case No: A096-796-201(BIA amicus filed)
In Re Ting Ting Chi, Case No: A096-533-521 (BIA amicus filed)
The Immigration Policy Center cites Margaret Stock, a retired lieutenant colonel in the U.S. Army Reserve, and a former professor at the U.S. Military Academy at West Point, who said, ”In a time when several military services are experiencing difficulties recruiting eligible enlisted soldiers, passage of this bill could well solve the Armed Forces’ enlisted recruiting woes and provide a new source of foreign-language-qualified soldiers.”
This issue highlights Supreme Court cases that will be argued this fall, judicial review of denied adjustment of status applications, challenges to the use of detainers, and updates from the LAC, including a recent victory in a naturalization delay case and favorable developments in a BIA case involving portability/Matter of Perez Vargas.