The Immigration Policy Center, an immigrant-rights organization in Washington, D.C., said in a news release that without data on children with two illegal parents, the report "offers no real clarity."
Whether the change would strip citizenship from one baby or 1 million, it's a mean-spirited plan that wouldn't help the country with its illegal-immigration issues, said Michele Waslin, senior policy analyst with the Immigration Policy Center. Waslin also said calling these children "anchor babies" is both offensive and inaccurate.
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.
Indeed, there is conclusive evidence that granting amnesty to illegal immigrants enables them to boost their income, reducing socio-economic disparities. As part of the last attempt at immigration reform 25 years ago, the United States granted amnesty to nearly 3 million immigrants. A study carried out last November by the American Immigration Council found that whereas their homeownership rates and skills levels lagged those of equivalent ages who had been born in the United States, this gap had almost completely disappeared by 2006. Indeed, many of those who came to the United States in their late 20s and early 30s without the equivalent of a secondary education had improved their levels of qualifications, suggesting that they had invested time and money in remedial education.
Attorneys and asylum applicants across the country regularly experience problems with the “asylum clock” — a clock which measures the 150 days after an applicant files an asylum application before the applicant can apply for an employment authorization document (EAD). These problems include a lack of clear guidance about how immigration agencies - both EOIR and USCIS - should interpret and implement the law governing the clock, the lack of a formal review process when an EAD is denied, and a general lack of transparency in USCIS’ administration of the clock. As a result of these problems and increasing court backlogs, asylum applicants often wait much longer than the legally permitted timeframe to receive a work permit and are thus unable to support themselves and their families while their applications are pending.
The LAC has long advised attorneys about methods for addressing asylum clock problems and advocated for systemic change in the current asylum clock process. These efforts included the issuance, in 2010, of a comprehensive report on the asylum clock, Up Against the Clock: Fixing the Broken Employment Authorization Asylum Clock, with Penn State Law School’s Center for Immigrants’ Rights. The report recommends solutions to asylum clock problems intended to ensure that asylum applicants become eligible for employment authorization without unnecessary delays and closer to the timeframe outlined in the INA.Read more...
Private bills are not routinely introduced for undocumented individuals, according to Wendy Sefsaf, spokeswoman for the Washington-based Immigration Policy Center. During the 111th session of Congress, 104 bills were introduced for those who may suffer hardships if they were returned to native countries or became undocumented due to administrative delays.
That's low, Sefsaf said, compared to deportations: A record-breaking 392,000 illegal aliens were removed in 2010, a 70 percent increase from the previous administration, officials from the Department of Homeland Security and U.S. Immigration and Customs Enforcement announced in October.
Exactly how many private bills pass is unclear. Last week, for the first time in five years, Congress approved private bills for two Japanese citizens fighting to live in the United States — Shigeru Yamada, son of a woman who was killed in a car crash when he was a teenager and was never adopted, andHotaru "Hota" Ferschke, who found out she was pregnant and got married over the phone with a Marine who was killed in Iraq.
But Sefsaf said those cases are exceptions.
"Congress just needs to focus on a broader plan that would provide relief for the millions in this country that deserve to stay and figure out a way to weed out the ones that might not."
This issue covers Child Status Protection Act litigation, a recent Supreme Court decision in a fraud offense case, a final order in a religious worker class action, a court of appeals decision finding jurisdiction to review a cancellation denial, and an update in the Orozco litigation (involving adjustment of status where the admission involved fraud or misrepresentation).