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Motions to Reopen from Outside the Country

The LAC, working with the National Immigration Project of the National Lawyers Guild, has repeatedly challenged the “departure bar,” a regulation that precludes noncitizens from filing a motion to reopen or reconsider a removal case after they have left the United States. The departure bar not only precludes reopening or reconsideration based on new evidence or arguments that may affect the outcome of a case, but also deprives immigration judges and the Board of Immigration Appeals of authority to adjudicate motions to remedy deportations wrongfully executed, whether intentionally or inadvertently, by DHS. We argue that the regulation conflicts with the statutory right to pursue reopening and, as interpreted by the government, is an impermissible restriction of congressionally granted authority to adjudicate immigration cases.




Lesson for Chimamanda Ngozi Adiche’s The Danger of a Single Story

In this lesson, students watch and respond to novelist Chimamanda Ngozi Adiche’s Ted Talk “The Danger of a Single Story.” In this 18:39 minute video, she tells the story of how she found her authentic cultural voice and relays the potential risks for misunderstanding a group of people when only a single story is shared as representative of that culture. This film and corresponding discussion guide can enhance the reading of diverse literature in the classroom and lends itself to a discussion on the benefits of diversity.

For lesson procedures and Common Core alignment, please click here.


Year Released: 2015


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By the numbers: Illegal immigration might be down, but why and what does it mean?

Published on Wed, Sep 15, 2010

Mary Giovagnoli, director of the Washington, D.C.-based Immigration Policy Center, cautions about overstating the decline. "I don't think it's really a significant drop," Giovagnoli says. "Certainly, 8 percent is something, but if you look at where we were in 1990, then at the numbers of illegal immigration in 2009, the number of people here illegally has tripled."

It’s not just enforcement that matters, but policies, too. Giovagnoli thinks some policies that focus on enforcement haven’t deterred people from coming, and maybe made them more likely to stay out of status if they’re already here.

Published in the St. Louis Beacon

Criminal Alien Program (CAP)

CAP is a massive, nationwide enforcement program administered by U.S. Immigration and Customs Enforcement (ICE) that identifies removable noncitizens and places them into removal proceedings.  CAP is currently active in all state and federal prisons, as well as more than 300 local jails throughout the country.  The program is implicated in approximately half of all removal proceedings.  Although CAP supposedly focuses on the worst criminal offenders, the program appears to target individuals with little or no criminal history and to incentivize pretextual stops and racial profiling.  Despite CAP's role in facilitating the removal of hundreds of thousands of individuals each year, and despite serving as ICE's “bedrock” enforcement initiative, very little information about CAP is available to the public.

Seeking greater transparency, the American Immigration Council (AIC), in collaboration with the Worker and Immigrant Rights Advocacy Clinic of Yale Law School and the Connecticut chapter of the American Immigration Lawyers Association (AILA), brought a lawsuit under the Freedom of Information Act (FOIA) to compel the release of records that would shed light on the program.  Pursuant to a court-approved settlement, ICE must begin producing responsive, non-exempt records by late October 2013.



The LAC and the Worker and Immigrant Rights Advocacy Clinic of Yale Law School Sue to Compel Release of CAP Records

American Immigration Council, et al., v. DHS, No. 12-00355 (D. Conn. filed Mar. 8, 2012).Read more...

With Republican dominance, how long till push for Arizona immigration law here?

Published on Thu, Nov 04, 2010

According to the Immigration Policy Center, S.B. 1070 “requires state and local law enforcement agencies to check the immigration status of individuals it encounters and makes it a state crime for noncitizens to fail to carry proper immigration documentation.”

Published in the Florida Independent

Litigation Clearinghouse Newsletter Vol. 3, No. 2

This issue covers recently filed lawsuits involving access to counsel at immigration interviews, abuse of minors in detention, and the border fence between the U.S. and Mexico. The newsletter also includes updates on the Duran Gonzales class action in the Ninth Circuit (involving 245(i) and I-212s), Matter of Blake litigation, and the class action suit to restore SSI benefits for refugees and asylees.

Published On: Tuesday, February 26, 2008 | Download File

Immigration talks intrigue UAFA supporters

Published on Wed, Feb 09, 2011

Mary Giovagnoli, director of the Immigration Policy Center, a think tank arm for the American Immigration Council, said predicting whether the 112th Congress would see UAFA as part of comprehensive immigration reform at this stage in talks is difficult.

“It’s hard to know whether it would make it into the final formalized piece of legislation because there’s just so many intangibles, especially when you don’t know who all the sponsors might be, where they’ll draw their lines in the sand,” she said.


Published in the Washington Blade

Litigation Clearinghouse Newsletter Vol. 1, No. 7

This issue covers Supreme Court arguments in reinstatement case, filing fee increases at the court of appeals, and REAL ID Act's effect on jurisdiction over APA actions in district court.

Published On: Wednesday, March 22, 2006 | Download File