Washington, D.C.—The Legal Action Center of the American Immigration Council applauds the Board of Immigration Appeals (Board) for advancing family unity in its June 23, 2011 decision, Matter of Le. The Board’s long-awaited ruling favorably resolves the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The Board concluded that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, it rejected the Department of Homeland Security’s position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated.
The Board’s decision is consistent with the position that the American Immigration Council and the American Immigration Lawyers Association advocated in amicus briefs submitted to the Board in approximately a half dozen other cases where the child turned 21 after being admitted to the United States. The noncitizens in these and the many other cases before both Immigration Judges and U.S. Citizenship and Immigration Services offices throughout the country now will be able to become lawful permanent residents as Congress intended.
Washington, D.C.—Last week, the American Immigration Council’s Legal Action Center (LAC) filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) in federal court in Seattle. The lawsuit alleges widespread problems with the asylum “clock”—the system that the government uses to determine when immigrants with pending asylum applications become eligible to obtain work authorization in the United States. The class certification motion describes the nationwide impact of these policies.
Updated Practice Advisory on Deferred Action for Childhood Arrivals
Washington, D.C. — The Legal Action Center (LAC) is pleased to release an updated Practice Advisory, Deferred Action for Childhood Arrivals. This Practice Advisory incorporates recent DHS guidance regarding fraudulent Social Security numbers, required evidence, and travel considerations for individuals who are requesting Deferred Action for Childhood Arrivals (DACA). It also offers strategic advice for attorneys representing individuals who may qualify for DACA. The LAC issued this advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.
For additional resources related to DACA, visit the Immigration Policy Center’s website.
For a complete list of all LAC Practice Advisories, please visit the LAC’s website.
Is the U.S. losing some of its juice as a destination for foreign tourists? Syed Shahid Ali, a member of the International Olympic Committee from Pakistan, raised that issue ahead of the IOC picking Rio to host the 2016 Summer Games over Madrid, Tokyo and last-place finisher Chicago.
For Immediate ReleaseAmerican Immigration Council Applauds DOMA Decision June 26, 2013 Washington D.C. - Today, the Supreme Court unequivocally affirmed that there is no legitimate reason for the federal government to discriminate against married couples on account of their sexual orientation. The Justices struck down section 3 of the Defense of Marriage Act (DOMA), which defines marriage as between a man and a woman, noting in their decision, “DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal.” Today’s historic decision means that our immigration system must stop treating gay and lesbian families differently than other families. For far too long, gay and lesbian U.S. citizens and lawful permanent residents have been barred from obtaining immigration status for their noncitizen spouses. As a result, families have been separated and spouses of U.S. citizens and permanent residents have been deported from the United States. President Obama issued an immediate directive to the Attorney General to “work with other members of my Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.” The Secretary of Homeland Security, Janet Napolitano also issued a statement to press confirming that DHS is “working with our federal partners, including the Department of Justice, [to] implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws."“Far too often, exceptions have been carved out to exclude immigrants from basic rights and protections. We are pleased that the Administration has made it clear it intends for this important decision to apply fully to the immigration system” said Benjamin Johnson, Executive Director of the American Immigration Council. Read more...
Even during the ongoing recession, immigration reform legislation that legalizes undocumented immigrants would boost the American economy, according to a new study out of UCLA. The report said that legalization, along with a program that allows for future immigration based on the labor market, would create jobs, increase wages and generate more tax revenue. Comprehensive immigration reform would add an estimated $1.5 trillion to the U.S. gross domestic product over 10 years, according to the report.
Washington, D.C.–The American Immigration Council welcomes last week’s ruling by the United States District Court for the Western District of Washington, which held that a noncitizen’s grant of Temporary Protected Status (TPS) qualifies as “inspection and admission” into the United States. Under the Immigration and Nationality Act, inspection and admission are eligibility requirements for lawful permanent residence (LPR). Jesus Ramirez, the plaintiff in Ramirez v Dougherty, was granted TPS in 2001 following the devastating earthquake in El Salvador, his home country, and has renewed this status ever since. He now seeks to become an LPR on the basis of his marriage to a United States citizen. The American Immigration Council and the Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief in the case, and subsequently NWIRP became counsel for the plaintiff.Read more...
The Immigration Policy Center today has released a thoughtful and detailed analysis on the Obama administration's work on immigration. The report focuses on all the key areas: worksite raids, E-verify, detention, immigration benefits, reform, etc.
Here's just one quick excerpt on specific issues such as enforcement and border strategy.