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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 Parent's Residence and Status is Not Imputed to Child for Cancellation of Removal

Holder v. Martinez Gutierrez, 566 U.S. ___, 132 S. Ct. 2011 (2012)

The Supreme Court unanimously affirmed a Board of Immigration Appeals (“BIA”) decision barring lawful permanent resident (“LPR”) children seeking cancellation of removal from using their parents’ years of U.S. residence or LPR status to satisfy the seven-year continuous residency or five-year LPR status requirements under INA § 240A(a). In so doing, the Court reversed the Ninth Circuit, see Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009).

The Supreme Court held that the BIA’s construction of the cancellation of removal statute was permissible under Chevron. Justice Kagan, writing for the Court, began the analysis by noting that the statute’s plain text did not mandate imputation. The Court then went on to reject arguments that (1) the legislative history demonstrates that Congress intended a parent’s residency and status to be imputed to a child for purposes of cancellation of removal and (2) the statute’s goals of family unity demand imputation.

The Court also explained that the regulation is not arbitrary and capricious despite the BIA’s acceptance of imputation in other contexts. The Court found that the BIA consistently “imputes matters involving an alien’s [subjective] state of mind, while declining to impute objective conditions or characteristics” such as duration of residence.

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

Updates to the Online Application System

APR 28, 2014 - Online Application System: Make sure to click “Save and Exit” when completing evaluations

When the J-1 participant or the supervisor has completed an evaluation survey in FluidReview, it is important to click "Save and Exit." There are two portions to each evaluation survey, so make sure that the J-1 trainee or intern completes the first section, and his/her supervisor at the host company completes the second section.


APR 14, 2014 - Online Application System: Remind your J-1 participants to complete their Evaluation Surveys

As our J-1 participants progress through their training programs and internships, we send email reminders asking them to complete various online evaluation surveys. These email reminders are sent not only to the J-1 participants, but also to the host organizations and the attorneys who filed their applications with the Council. Please expect to receive email reminders about the evaluations, and remind both the J-1 participants and their supervisors that it is important to fill out these surveys in a timely manner in order to fulfill regulatory requirements.


MAR 24, 2014 - Online Application System: Host Site Visit Fee NOT required for repeat host sitesRead more...

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

Trustees Emeriti

The Council expresses its deep gratitude to the following individuals who have served with distinction as past members of the American Immigration Council Board of Trustees and/or Board of Directors. We salute their leadership and continued commitment to building our foundation.

Peter Ashman (2006-2013)
Kelly McCown (2006-2012)
Jeff Joseph (2006 -2012)
Amy Novick (2006-2012)
Kristen Schlenger** (2001-2012)
James David Acoba (2000-2001)
Jonathan Avirom (1993-2001)
Roxana C. Bacon*** (2000-2005)
Lenni Beth Benson (2000-2004)
Daryl R. Buffenstein (1994-1997)
Jeanne A. Butterfield (2001-2008)
C. Lynn Calder (1997-2004)
Maria Isabel Casablanca (2004-2010)
Margaret A. Catillaz (1999-2001)
Anne Chandler (2006-2013)
Gerard M. Chapman (2001-2008)
Joseph E. Ching (1993-1996)
Steven A. Clark (1998-2001)
Robert Cohen (2004-2011)
Jules E. Coven
Linda A. Cristello (2000-2001)
Goldie C. Domingue (2000-2002)
Jenifer Eisen (1997-1999)
Phyllis Eisen (2000-2001)
Stephen K. Fischel (2005-2008)
Sarah Fortino-Brown (2004-2010)
Charles Foster (1993-2004)
Hope M. Frye (1992-1996)
Harry Gee, Jr. (1993-1995)
Jodi Goodwin (2004-2007)
Silvia Romo Graves (2001-2011)
Karen Grisez (2004-2011)
Matthew L. Hirsch (2006-2013)
Paul Hribernik (2000-2001)
Veronica M. Jeffers (2001-2002)
H. Ronald Klasko (1989-1990)
Charles H. Kuck (2007-2010)
Steven M. Ladik* (2000-2005)
MaryEllen Lannon (2008-2009)
Michelle L. Lazerow (2001-2007)
Ellen Ma Lee (1993-2004)
Michael Maggio (1993-2001)
Margaret H. McCormick* (1997-2004)
Cyrus D. Mehta** (1998-2005)
Nancy-Jo Merritt (1993-1995, 2008-2010)
Charles Miller (1995-1998)
Kathleen A. Moccio** (1998-2008)
Sheela Murthy (2002-2009)


Quick Fact: The cost of mass deportation

Mass deportation would cost $206 billion to $230 billion over five years.

Kirk Says U.S. Visa Restrictions Hobbling Business Efforts

Published on Mon, Mar 05, 2012

U.S. Trade Representative Ron Kirk said the nation’s policy for issuing visas is hurting the economy by limiting tourism and blocking overseas buyers of American products from coming to the U.S. for training.

“We will engage on the visa issue, which is frankly crippling us right now,” Kirk said today in Washington. “We hear from business after business, ‘We go, we make these sales, and my customers can’t get a visa to come here to learn how to use the product.’ We are past-due to have a common-sense immigration policy, and we need to have visa reform as part of that.”

In January, the U.S. Chamber of Commerce said the nation needs to ease restrictions on immigrants who plan to open U.S. businesses, and create a separate visa for potential entrepreneurs.

Efforts at overhauling immigration laws are stymied in Congress, including a proposal to let temporary foreign workers enter the U.S. and help illegal immigrants advance toward citizenship. The debate has overshadowed the need to change the U.S. visa program, according to the Chamber, the largest business group.

Current laws make it difficult for people to enter the U.S. and start a business, according to a Jan. 25 report from the Chamber and the Immigration Policy Center of the American Immigration Council, a Washington-based nonprofit. Expansion of the visa program would also aid companies’ access to foreign- born graduates of U.S. universities, helping economic growth, the authors of the report said.

Speeding Visas

President Barack Obama on Jan. 19 gave the departments of Homeland Security and State 60 days to write a plan for speeding visa applications from China and Brazil. Obama’s order recommends cutting the process to three weeks from four months.

Visa-processing capacity in China and Brazil must increase 40 percent in the next year, according to the order.Read more...

Published in the Bloomberg