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Litigation Clearinghouse Newsletter Vol. 3, No. 4

This issue covers a recently filed naturalization delay class action, a damages suit against USICE employees for violating 4th and 5th Amendment rights during home raids, and a recent decision regarding the confidentiality of asylum applications.

Published On: Monday, April 14, 2008 | Download File

U.S. Deports Record Number of Migrants in 2010

Published on Wed, Jan 05, 2011

In the two years that the measure has been in effect – and according to a report by the Immigration Policy Center it lacks the proper supervision and a complaint procedure and it spurs racial profiling against immigrants – 69,905 foreigners have been identified as being in the country illegally and deported.

Published in the Latin America Herald Tribune

Litigation Clearinghouse Newsletter Vol. 1, No. 16

This issue covers continuous physical presence, Ninth Circuit I-212, Perez-Gonzalez cases, stays of voluntary departure in the court of appeals, and legal resources for attorneys representing noncitizens with criminal charges.

Published On: Saturday, August 26, 2006 | Download File

The Failure of Border Security

Published on Mon, Feb 28, 2011

With Democrats condemning House Republicans for slashing funding for border security in their budget, the American Independent reports on two new policy briefs that argue that increased U.S. funding and personnel for enforcement of the border with Mexico are proving totally ineffective at actually securing the border.

The National Immigration Forum’s report observes that despite hyperbolic political rhetoric to the contrary, Border Patrol funding has been increasing dramatically since 2005, rising at an average of $300 million per year. Under the combined efforts of the Bush and Obama administrations, the Border Patrol now has over 21,000 personnel, twice the amount they had in 2000, with Immigration and Customs Enforcement (ICE) providing an additional 3,000 agents at the border. The reallocation of National Guard troops to prevent the feared “spillover effects” from Mexican drug violence costs $300 million every year. This in spite of the fact that “crime rates were already down in the border region” before the National Guard was deployed, with border cities like El Paso, Texas and San Diego, Calif. boasting some of the lowest crime rates in the country. Absurdly, the Obama administration’s unprecedented campaign to deport as many law-abiding immigrants as possible is costing the taxpayer $23,000 per immigrant. Read more...

Published in the Campus Progress

Adjustment of Status for Asylees (Ngwanyia Class Action)

Adjustment of Status for Asylees (Ngwanyia Class Action)

Ngwanyia v. Gonzales was a national class action challenging the legacy Immigration and Nationalization Services’ (INS) failure to properly – and in a timely manner – grant lawful permanent statuts to individuals who had been granted asylum. When the suit was filed, more than 100,000 asylees had applied to adjust their status to lawful permanent residence but remained on a waiting list for an “asylee adjustment number” to become available.  Many had been on the waiting list for years. The lawsuit alleged that, over the course of ten years, the immigration agency failed to use the full ten thousand asylee adjustment numbers made available each year and that, as a result, approximately 30,000 asylee adjustment numbers remained available to adjust the status of those on the waiting list.

CASE HIGHLIGHTS AND COURT DOCUMENTS

Proceedings in District Court

On March 4, 2002, plaintiffs filed a complaint asking the District Court for the District of Minnesota to find that all asylee adjustment numbers that had been made available in past years but had not been used remained available and to order the agency to use these numbers to adjust asylees on the waiting list. After denying the government’s motion to transfer the case to the District Court for the District of Columbia, the court granted plaintiffs’ motion for class certification and subsequently granted plaintiffs motion for summary judgment. The government appealed this decision to the Eighth Circuit Court of Appeals. While the appeal was pending, the parties settled the suit and, following notice to the class, the district court approved the settlement.Read more...

America Through Sonja Haenzelmann’s Lense

November, 2010

The International Exchange Center is proud to announce Sonja Haenzelmann as this month’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. Sonja is also the winner of last month’s photo contest on our Facebook page!

Read more...

Enforcement remains biggest chunk of federal immigration spending

Published on Tue, Apr 26, 2011

The budget recently approved by Congress to keep the federal government running through the 2011 fiscal year includes a series of cuts to major federal immigration agencies that will impact immigrants and immigration programs over the next year.

According to the American Immigration Council:

The bar on spending for immigrant integration programs, present in the initial budget passed by the House (H.R. 1), was not present in the final 2011 budget (H.R. 1473) signed by the President. Immigrant integration funding is a great investment for the U.S.—the costs are minimal, and the benefits can be huge. If well-integrated, immigrants are entrepreneurs and innovators who can help revitalize communities.

The council adds that “the 2011 budget cuts U.S. Citizenship and Immigration Services (USCIS) by more than a third ($87.7 million) from 2010 funding, whereas the initial budget would have increased USCIS funding by $41.2 million.”

Citizenship and Immigration Services is the government agency that oversees lawful immigration to the United States.

The Council also states that “immigration enforcement remains the biggest part of the budget, despite what restrictionists might have you think. The 2011 budget appropriates $8.2 billion for Customs and Border Protection salaries and expenses, $574.2 million for border fencing, infrastructure, and technology, and $5.4 billion for Immigration and Customs Enforcement salaries and expenses.”

Earlier this year, the National Immigration Forum and the Immigration Policy Center — the research and policy arm of the American Immigration Council — released reports that state that as part of broad immigration reform, border security and enforcement spending has to be shifted to avoid the ineffective use of billions of taxpayer dollars.

Published in the Florida Independent

Court Finds Categorical Approach Not Applicable in Determining Amount of Fraud Loss

Nijhawan v. Mukasey, 557 U.S. 29 (2009)

The Supreme Court addressed what evidence an IJ may consider to determine removability based on an aggravated felony conviction under INA § 101(a)(43)(M)(i), an offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000. Read more...