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Enforcement, Challenges Against CBP

ARCHIVED ISSUE PAGE (LAST UPDATED AUGUST 2012)

With over 58,000 employees, U.S. Customs and Border Protection, the largest law enforcement agency in the United States, has significantly expanded its immigration-related activities since 2009.  Credible reports of abuses by Border Patrol agents and other CBP officers have fostered increased litigation in recent years.  This Litigation Issue Page highlights challenges to CBP misconduct and related FOIA lawsuits.

Federal Litigation

Proposed Class Challenges Unconstitutional Stops and Interrogations by Border Patrol Agents in Washington State
Jose Sanchez, et al. v. U.S. Office of Border Patrol, et al., No. 2:12-cv-00735 (W.D.Wa. filed April 26, 2012)

The Northwest Immigrant Rights Project (NWIRP) and the ACLU of Washington, in collaboration with Perkins Coie LLP, filed a class action lawsuit alleging that the Border Patrol’s practice of stopping vehicles on the Olympic Peninsula and interrogating occupants without legal justification violates their constitutional rights.Read more...

John Patrick Leyba Can Now Call Himself a Cowboy

April, 2008
John Patrick Leyba

The Exchange Visitor Program is pleased to announce John Patrick Leyba as April’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...

HALTing the DREAM

Published on Mon, Aug 01, 2011

Every now and then a piece of legislation comes around with a terribly creative acronym. The USA PATRIOT Act back in 2001 was one example. But rarely do two bills on the same issue appear in Congress with such diametrically opposed names and policy goals as the DREAM and HALT Acts.

Published in the The Nation

Court Finds Tax Crimes Are Aggravated Felonies

Kawashima v. Holder, 565 U.S. ___, 132 S. Ct. 1166 (2012).

In a 6-3 decision written by Justice Thomas, the Supreme Court affirmed a Ninth Circuit decision holding that convictions for committing and aiding tax evasion in which the Government’s loss exceeds $10,000 qualify as aggravated felonies under INA § 101(a)(43)(M)(i) and therefore, are deportable offenses. In so holding, the Court resolved a circuit split between the Third and Ninth Circuits in favor of the latter. Compare Ki Se Lee v. Ashcroft, 368 F.3d 218 (3d Cir. 2004) with Kawashima v. Holder, 615 F.3d 1043 (9th Cir. 2010).

The Court began its analysis by stating that it will employ the categorical approach by looking to the statutory definition of the crime rather than the specific facts of the case. See Gonzales v. Duenas-Alvarez, 549 U.S. 183, 186 (2007). First, the Court found that the elements of the tax crimes at issue, 26 U.S.C. § 7206(1) and (2), clearly establish that commission of the crimes involves fraud or deceit. Second, the Court addressed the Petitioners’ argument that INA § 101(a)(43)(M)(i) must be read in conjunction with INA § 101(a)(43)(M)(ii), and because clause (ii) references a specific tax crime (not at issue here), Congress did not intend clause (i) to cover tax crimes as well. The Court rejected that argument, concluding that the two clauses are not mutually exclusive and thus tax crimes are not excluded from clause (i).

Justice Ginsburg, joined by Justices Breyer and Kagan, issued a dissent in which she challenged the Court’s “dubious” statutory interpretation.

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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School districts told to monitor enrollment of Alabama immigrant students

Published on Mon, Oct 10, 2011

The impact of Alabama’s new immigration law, which requires K-12 schools to check the immigration status of their students, could be felt in several states, including Florida.

Sunshine State News reports today that “a number of school districts across Florida have been advised to monitor enrollment numbers for Hispanic migrant families relocating from Alabama after a federal judge upheld that state’s new immigration enforcement law.

The online news outlet adds that “Florida’s Education Estimating Conference said so far they haven’t seen any influx in the counties bordering Alabama or in counties such as Osceola, Hardee and Volusia where migrant families may seek agriculture employment,” and that the “Alabama Department of Education stated that on Oct 3, 5 percent of the state’s Hispanic students didn’t show up for school.”

Our sister site The American Independent recently reported that civil rights groups and the U.S. Justice Department sued to stop Alabama’s immigration enforcement law, “passed by the Republican-controlled Legislature in May, from being enforced, as they did in the case of S.B. 1070, the Arizona immigration law. But unlike in Arizona, a federal judge chose to allow most of the Alabama law to go into effect.”

The Immigration Policy Center reported last week that Alabama school administrators “worry that Alabama’s immigration law will impact the state’s already cash-strapped school system.”

The Policy Center added that, “according to Alabama’s Department of Education, 2,285 Hispanic students (of 34,000 Hispanic students state-wide) were absent from school on Monday.”Read more...

Published in the The Florida Independent

About the Immigration Policy Center

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

Read staff bios»

Contact Us

Immigration Policy Center
American Immigration Council
1331 G Street, NW, Suite 200
Washington, DC 20005-3141
Tel.: 202-507-7500
Fax: 202-742-5619
info@immigrationpolicy.org

Conn. mayor seeks to let illegal immigrants vote

Published on Tue, Dec 20, 2011

NEW HAVEN, Conn. (AP) — Already known as a refuge for people from other lands, New Haven is tightening its embrace of newcomers as its mayor seeks to extend voting rights to illegal immigrants and other noncitizens, a policy challenge that comes shortly after attacks on "sanctuary cities" by Republican presidential candidates.

The Democratic mayor, John DeStefano, helped illegal immigrants come out of the shadows four years ago when he launched a first-of-its-kind program to give them city resident cards. Despite crackdowns elsewhere, he has forged ahead with proposals that he says are designed to find common ground in a diverse city.

"We're a place of differences," he said. "We're a place that sees a strength and places a value on welcoming folks from all over."

Dozens of American cities including New York, San Francisco and Cambridge, Mass., take a hands-off approach to pursuing illegal immigrants. While advocates say they are rightly distancing themselves from a broken immigration system, critics accuse them of flouting federal law as "sanctuary cities" — a label not all of them accept.

Presidential hopeful Newt Gingrich has vowed to cut off federal funding for such cities. One of his rivals, Texas Gov. Rick Perry, pushed a bill this year that would have prohibited cities from acting as "sanctuaries" for illegal immigrants and allowed local law enforcement to become more involved in immigration enforcement. Mitt Romney has said he opposed sanctuary cities as Massachusetts governor and, as president, he would "find the right approach" to ending them if legally possible.

President Barack Obama has resisted calls from some Republicans to crack down on sanctuary cities. As a Democratic candidate in 2007, he said the U.S. government should address the issue by providing a rational immigration system, not by withdrawing funds from cities that shelter noncitizens.Read more...

Published in the Associated Press

American Immigration Council Store

All proceeds from the purchase of books go to the American Immigration Council and its educational initiatives. Scroll down to check out our inventory of signed copies of immigration related books.

Price: $20

 

Davy Brown Discovers His Roots

By Keely Alexander and Velani Mynhardt

The American Immigration Council partnered with authors Velani Mynhardt Witthöft and Keely Alexander of Keely Velani LLC and created Davy Brown Discovers His Roots. The colorfully illustrated book tells the story of a young boy and his friends as they discover that everybody has an immigration story, whether their families arrived today or generations ago. The story, which is aimed toward 7-12 year olds, is a great way to introduce the concept of the many ways people come to the United States permanently and temporarily. It is a perfect conversation starter for a family discovering their roots or for a classroom teacher starting a unit on immigration.

Read more...