Mary Giovagnoli, director of Immigration Policy Center, says Tuesday’s vote could indicate Republicans would be unwilling to support the DREAM Act in the future. “It’s pretty clear that it was a party line vote,” she said. “Consequently, unless some Republicans are brave enough to step over the line, it’s going to remain gridlocked.”
This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process.
The benefits of E-Verify are not clear cut. According to the Immigration Policy Center,
Expanding mandatory E-Verify as part of the stimulus package would threaten the jobs of thousands of U.S. citizens, decrease productivity, saddle U.S. businesses with additional costs, and hinder the Social Security Administration’s (SSA) ability to provide benefits to needy and deserving Americans – all at a time when we need to stimulate our economy. The fact is: expanding E-Verify now would decelerate the Stimulus Package and slow America’s economic recovery.
A grant of voluntary departure means that a person is permitted to depart the United States voluntarily, and typically at his own expense, in lieu of being deported. The LAC has been involved in litigation and advocacy involving the interplay between voluntary departure and the right to file a motion to reopen, and has issued several practice advisories addressing various aspects of voluntary departure.
A person who is granted voluntary departure but does not depart on time may be subject to a monetary fine of up to $5,000 and is barred, for ten years, from obtaining cancellation of removal, adjustment of status, change of status, registry, and voluntary departure. The Board of Immigration Appeals (BIA) long held that the voluntary departure period continues to run during the pendency of a motion to reopen. Matter of Shaar, 21 I&N Dec. 541 (BIA 1996). Thus, because the voluntary departure period often expired before an immigration judge or the BIA adjudicated the motion, often the person seeking reopening became ineligible for the very relief he or she was seeking in the motion.Read more...
According to the Immigration Policy Center, “If ICE does not take custody within 48 hours, the detainer automatically lapses, and the state/local law enforcement agency is required to release the individual.”
This issue covers recent Supreme Court developments, a favorable decision in the surviving spouse class action, highlights from recent BIA precedent decisions, an AILF amicus brief challenging the regulatory bar to motions filed after departure from the US, and an invitation to upcoming litigation and detention meetings at AILA's Annual Conference.
The American Immigration Law Foundation (AILF) is pleased to present this 2005 edition of its 'Appreciating America’s Heritage" teacher resource guide.In these pages educators will find the latest lesson plans and book reviews developed by AILF for primary, intermediate, and secondary level classrooms. Each curriculum is designed and books have been selected to introduce students, especially those who may not be exposed directly to ethnically diverse populations, to the important and timely topic of immigration.