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Court Holds that Padilla v. Kentucky Does Not Apply Retroactively to Certain Convictions

Chaidez v. United States, 568 U.S. ___, 133 S. Ct. 1103 (2013)

In a 7-2 decision written by Justice Kagan, the Court held that Padilla v. Kentucky, 559 U.S. 356 (2010), does not apply retroactively to collateral review of convictions final at the time of that decision.  Padilla found that a noncitizen could raise a claim of ineffective assistance of counsel under the Sixth Amendment if his criminal defense attorney failed to advise him of the immigration consequences of a guilty plea. In Chaidez, the Court found that its previous decision went beyond applying the existing standards for ineffective assistance of counsel claims in Strickland v. Washington, 466 U.S. 668 (1984). Because the preliminary question answered by the Padilla Court – whether the Sixth Amendment right to counsel encompassed advice about collateral consequences of convictions – was not settled at the time of its decision in 2010, it held that Padilla created a new rule of criminal procedure and thus did not apply in collateral challenges to past convictions under the principles set forth in Teague v. Lane, 489 U.S. 288 (1989).

The case left many issues and arguments unresolved.

Justices Sotomayor and Ginsberg dissented.

Fly Fishing with Scott Marshall

October, 2012

This month we had the chance to speak with Scott Marshall from Australia about his current training in Los Angeles. We also talked about an epic road trip he took to Yellowstone and the differenced between basketball in the States and down under...
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Boycotts protest Alabama's immigration law

Published on Thu, Oct 13, 2011

Hundreds of Hispanic students were missing from classrooms in the Birmingham area on Wednesday, some Mexican restaurants were closed and workers did not show up at other businesses as Hispanics stayed home to protest the toughest immigration law in the country.

The boycott, designed to demonstrate the contribution that Hispanic immigrants make to Alabama, seemed to have mixed success across the Birmingham area. While some businesses were closed, other employers reported all of their workers came to work. The impact of the boycott appeared more profound in north Alabama, where several poultry plants were closed.
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The Immigration Policy Center, an arm of the American Immigration Council in Washington, disagrees. It released a report last week that estimates immigrants comprised 4.9 percent of Alabama's work force in 2010. Citing data from the Institute for Taxation and Economic Policy, the Immigration Policy Center estimates that in 2010, unauthorized immigrants in Alabama paid $130.3 million in state and local taxes.

That includes $25.8 million in state income taxes, $5.8 million in property taxes and $98.7 million in sales taxes.

Published in the The Birmingham News

Our Shadow Population (Part II)

Published on Fri, Jan 13, 2012

Last week we looked at information about the role of immigrants in the U.S. and on the East End. This week we hear from government officials, and from groups that welcome immigrants, or want them all to go away.

Witness For Peace (“a politically independent, grassroots organization”) advocates immigration reform that guarantees equal rights for all families, clear and non-discriminatory pathways to citizenship, children’s rights to education regardless of immigration status, and an end to collaboration between police and immigration enforcers which erodes immigrant trust in the police. Some years ago, the NY Civil Liberties Union said that numerous towns in Suffolk County were selectively using housing codes and traffic enforcement to target immigrants.

In September 2011, the U.S. Department of Justice (DOJ), after a two-year investigation, advised Suffolk County officials to improve police relations with immigrants. The investigation was prompted in part by the 2008 fatal stabbing in Patchogue of an Ecuadorian immigrant by local teenagers. The recommendations include outreach programs in Latino neighborhoods, investigation of possible hate crimes, and revision of procedures that discourage Latinos from interacting with police. The Suffolk police commissioner’s advisor on minority affairs said community meetings have been valuable in sharing information and gaining understanding of immigrants’ concerns.Read more...

Published in the The Sag Harbor Express

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Quick Fact: Immigrants support the economy by establishing Fortune 500 companies

Immigrant entrepreneurs established 18% of all Fortune 500 companies. Combined, these businesses have generated $1.7 trillion in annual revenue and currently employ 3.7 million workers worldwide.

Nachito Herrera Receives Highest Honor From the American Immigration Council

Published on Thu, Mar 22, 2012

Twin Cities jazz pianist and Cuban immigrant Nachito Herrera has been named one of three recipients of the 2012 American Heritage Award, the highest honor granted by the American Immigration Council. The award will be presented at the American Immigration Lawyers Association Convention in Nashville on June 15th. Few musicians have received this honor--the last was Carlos Santana.

Over the past decade, Nachito Herrera has burrowed his way into the hearts of Twin Cities’ jazz fans with his monster technique, bottomless energy, and infectious enthusiasm for his homeland and its eclectic rhythms. Even fans of trad and polka now tap their Sorrel boots to montuno and clavé. Nearly monthly, Nachito spreads his artful fire across the stage at the Dakota Jazz Club in downtown Minneapolis, where he has presented sets of tunes ranging from Rachmaninoff to Ellington to Earth, Wind and Fire to Disney and more. Read more...

Published in the Jazz Police

Mission

About the Immigration Policy Center

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy in U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

What We Do

Contributing Research

The IPC researches important issues related to immigration (such as the impact of immigration on the economy, jobs and crime). Our work is geared toward providing a solid, fact-based foundation for the immigration debate.

Bridging the Gap

The IPC's work helps to bridge the gap between advocates and academics, policy experts and politicians. Through forums, briefings and special publications, we bring diverse groups together to help shape the immigration debate.

Getting the Facts

All too often, the debate about immigration is dominated by fear and misinformation. IPC works to make sure that fact is separated from fiction. To do this, we monitor and rapidly respond to statements made by anti-immigration groups, providing lawmakers, the media and the general public with accurate, up-to-date information.Read more...