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LAC Issues Updated Practice Advisory on Stays of Removal in the Courts of Appeals

Released on Fri, Jan 24, 2014

The American Immigration Council’s Legal Action Center (LAC) announces the release of an updated practice advisory, Seeking a Judicial Stay of Removal in the Court of Appeals

Filing a petition for review of a removal order does not automatically stay an individual’s removal from the United States. A court of appeals, however, may issue a judicial stay of removal to prevent the government from deporting a person while his or her petition for review is pending before the court. In Nken v. Holder, 556 U.S. 418, 434 (2009), the Supreme Court instructed courts to adjudicate stay motions by applying the “traditional” standard for a stay. Under this standard, the courts must consider the likelihood of success on the merits, the harm to the applicant absent a stay, whether the issuance of the stay will substantially injure the other parties interested in the proceeding, and where the public interest lies.

This Practice Advisory provides background information about requesting stays of removal from the courts of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeals. A sample stay motion, a sample declaration in support of a stay motion, and sample guidelines to assist families, friends and community members in writing letters in support of stay requests are attached to the advisory.

The LAC issued this advisory jointly with the National Immigration Project of the National Lawyers Guild, the Boston College Post Deportation Human Rights Project and the Immigrant Rights Clinic, Washington Square Legal Services, New York University School of Law.Read more...

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This Week in Immigration

Published on Fri, Feb 26, 2010

A new report by the anti-immigration think-tank, Center for Immigration Studies, tells Republican leaders to give up on the Latino vote. The center suggests that only after reducing Hispanic immigration into the country can that voting block begin assimilating and becoming Republican. The Immigration Impact writes in an article, “In other words, the CIS report offers not only a grim view of Republican political prospects, but a stereotypical and insulting portrayal of Latino voters who are perceived as too poor and ignorant to vote Republican, and who should therefore be ignored by Republican political strategists until they grow out of their Democratic phase….Apparently, an immigrant has not really become fully part of American society until he or she fervently supports a Republican Party that officially looks down upon immigrants.”

Published in the The Washington Independent

New and Updated Practice Advisories on Prosecutorial Discretion

Released on Thu, Mar 19, 2015

Washington, D.C. – The American Immigration Council and the American Immigration Lawyers Association are pleased to announce a new practice advisory entitled Prosecutorial Discretion Requests Under the Johnson Enforcement Priorities Memorandum. This Practice Advisory provides a close reading of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants. It briefly discusses DHS’s new three-tiered enforcement prioritization scheme, the various exceptions to the enumerated priorities, use of detention, and steps the agency is taking to implement the new policies.Read more...

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Immigrants display revenue generating prowess in run up to Tax Day

Published on Wed, Apr 14, 2010

Immigrant families in Detroit, Columbus and Cincinnati on Wednesday gathered outside public buildings holding signs with the slogans "We love taxes!" and "Viva Taxes" in an effort to show that immigration reform would bring needed revenue to the government.

Similar demonstrations are planned for Thursday, Tax Day, in San Francisco and Washington, DC.

A recent report from the Immigration Policy Center and the Center for American Progress showed that legalizing undocumented immigrants would generate between $4.5 billion and $5.4 billion in tax revenue over 3 years.

Published in the The Hill

Entrepreneurship and Innovation Update – February 28, 2014

Latest Research

Immigrants make cities more economically competitive. A recent post on Immigration Impact highlights a recent report from Americas Society/Council of the Americas (AS/COA) describing five ways immigrants make cities more economically competitive. Specifically, immigrants 1) contribute to a dynamic labor force and spur economic growth, 2) are more likely to start businesses and create jobs in their cities, 3) are critical to helping cities counteract population decline, keeping economies vibrant and strong, 4) make cities more attractive by raising housing values, and 5) contribute to a talented workforce through higher levels of education.Read more...

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Court Rejects Government’s Efforts to Dismiss Lawsuit Challenging Detention Conditions

Court Certifies Large Class of Immigrant Plaintiffs; Class Now Seeks to Unseal Government Documents Detailing Abuse

Released on Wed, Jan 13, 2016

Washington D.C.—On Monday, a federal district court permitted a class action lawsuit challenging harmful and unconstitutional conditions of confinement by Customs and Border Protection (CBP) to move forward.

In Jane Doe, et al. v. Johnson, et al., the court certified a class of plaintiffs to include: “All individuals who are now or in the future will be detained for one or more nights at a CBP facility within the Border Patrol’s Tucson Sector.” This class of thousands of present and future detainees includes traumatized asylum seekers and mothers with infants and small children who are held by CBP. The Tucson Sector covers most of Arizona, from the New Mexico state line to the Yuma County line.

The court denied the government’s attempts to dismiss the class representatives and their constitutional claims. It found that the two women representing the class were held by Border Patrol in the Tucson Sector when the lawsuit was filed in June 2015 and clearly had standing to bring this lawsuit. The court also determined that plaintiffs had set out sufficient facts in their Complaint to sustain their constitutional challenge to all of the harmful detention conditions. As a result, the case will proceed and CBP will have to publicly attempt to demonstrate that these conditions were proper and necessary.  Read more...

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Dems: Immigration reform would help reduce deficit

Published on Tue, May 04, 2010

Democrats want immigration reform on the table as the White House fiscal commission examines ways to reduce deficits, saying there is a “credible connection” between the issue and the country’s fiscal situation.

Service Employees International Union (SEIU) President Andy Stern and Rep. Xavier Becerra (Calif.), both Democrats on the bipartisan fiscal commission, said reforms giving the 12 million illegal immigrants in the United States a chance to stay in the U.S. legally could boost the economy and thereby help pay down the debt.

Published in the The Hill

Heritage Boxes

Creating Heritage Boxes will allow students to obtain a cross-curricular knowledge using relevant literature and information obtained through family member interviews. Students will understand the value of becoming familiar with their heritage and culture through the research of an ancestor. (NOTE: This is a project-based learning activity that requires several months and the support of families and the school community to implement. The interconnected activities will foster an overall understanding and appreciation for the diversity in your school and our nation.)

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Fence isn't a cure-all for America's porous border

Published on Thu, May 27, 2010

Immigrant rights advocates say the fence prompts migrants to cross in remote areas where they face dangerous, often deadly obstacles.

"It's a very big problem," said Walter Ewing, a senior researcher for the pro-immigrant Immigration Policy Center.

Published in the Associated Press

"Arriving Aliens" and Adjustment of Status

Interim regulations adopted in 2006 but currently still in effect, provide parolees and others categorized as “arriving aliens” in removal proceedings with an opportunity to adjust their status before USCIS as long as they are physically present in the United States. This practice advisory explains the regulations’ division of jurisdiction between USCIS and EOIR, defines key concepts, and suggests strategies to ensure that parolees in removal proceedings who are eligible to adjust status are able to do so before they are removed. 

Published On: Monday, November 9, 2015 | Download File