Skip to Content

Programs:

Legalization

An Immigration Measure Republicans Could Get Behind

Published on Wed, Jul 21, 2010

Mary Giovagnoli, director of the Immigration Policy Center, said that bipartisan support for the bill has been much harder to achieve this year. In addition to pressure leading up to the midterm elections, she said, "there seems to have really been a sense that one of the most effective ways to undermine the Obama administration was just to be pretty negative or to block pretty much anything that was seen as an administration priority -- and immigration falls into that category. In some ways, I think the fight for the soul of the Republican party is being fought out on immigration issues."

But if Congress cannot muster the force for comprehensive immigration reform, Giovagnoli thinks the DREAM Act could have a good shot at passing on its own. In addition to Lugar, she identified "easily ten" Republican senators whom she believes could be convinced to support the bill.

Published in the Atlantic

Dent v. Holder and Strategies for Obtaining Documents During Removal Proceedings

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.

Published On: Tuesday, June 12, 2012 | Download File

Deferred Action Q&A

Do you have questions about deferred action.  Use this resource from NILC before applying.  Please seek the advice of an immigration attorney should you have ANY questions go to to find an immigration attorney http://www.ailalawyer.com/.  Beware of scam artists and any body who promises fast processing or guaranteed acceptance.

Year Released: 2012

View Link

Creative Contest Winners Participate in USCIS Naturalization Ceremony

Northern California Students "Celebrate America"

Published on Fri, Aug 13, 2010

Every year hundreds of fifth grade students in Northern California participate in the American Immigration Council's "Celebrate America"  Creative Writing Contest.  On August 19 the top winners of the local contest in San Francisco, which is sponsored by the local chapter of the American Immigration Lawyers Association will speak at a naturalization ceremony.  Two of the people being sworn in are parents of one of the contest winners.

Published in the USCIS

Immigration Judge Jurisdiction over INA § 204(j) Portability

Because the process for an immigrant worker to become a lawful permanent resident can be quite lengthy, Congress enacted a provision in 2001 that gives immigrant workers needed job flexibility. A worker with an approved visa petition and a pending application for permanent residence can change jobs during the transition period if the new job is the same or similar to the job for which the original visa was approved.  In a precedent decision issued in 2005, the BIA ruled that an immigration judge did not have jurisdiction to decide whether an applicant’s new job was the same or similar to the prior job. Matter of Perez-Vargas, 23 I&N Dec. 829 (BIA 2005).  This effectively prevented many noncitizen workers who had changed jobs in accordance with the law from having their permanent resident applications approved.   

The Legal Action Center successfully challenged this decision in several courts of appeals. These decisions and our arguments, in turn, persuaded the BIA to withdraw Matter of Perez-Vargas and issue a new decision finding that immigration judges do have jurisdiction to decide this issue.

CASES

Ahmad v. Mukasey, No. 08-4081 (2d Cir. amicus brief filed Jan. 16, 2009) (remanding case to BIA for new decision in light of the Board’s decision in Matter of Neto).

Matter of Neto, No. A095-861-144 (BIA amicus brief filed Aug. 27, 2009).  In a precedent decision, the BIA adopted the position of the Legal Action Center and vacated Matter of Perez VargasMatter of Neto, 25 I&N Dec. 169 (BIA 2010).Read more...

Charlie Crist's Social Security Solution: Creating A Path To Citizenship For Undocumented Immigrants

Published on Mon, Sep 27, 2010

A report by the Immigration Policy Center (IPC) and the Center for American Progress (CAP) finds that mass deportation would reduce U.S. GDP by reduce U.S. GDP by 1.46 percent. Comprehensive immigration reform, on the other hand, would increase in U.S. GDP by at least 0.84 percent.

Published in the The Huffington Post

Relevant Decisions

In contrast with criminalproceedings, removal proceedings include only minimal safeguards for respondents with mental disabilities. This page contains summaries of select cases addressing the rights of noncitizens with mental disabilities.

Federal Court Decisions

Franco-Gonzalez v. Holder, No. 10-02211 (C.D. Cal. Apr. 24, 2013): Federal Judge Orders Government to Provide Counsel to Detained Immigrants with Mental Disabilities Facing Deportation

In March 2010, attorneys from the ACLU of Southern California filed a petition for writ of habeas corpus in a California federal district court on behalf of Jose Antonio Franco-Gonzalez, a Mexican citizen with a cognitive disability who had been in immigration detention for more than five years. Several months later, the ACLU and other organizations and attorneys filed a class action lawsuit on behalf of Mr. Franco-Gonzalez and other detained unrepresented individuals with serious mental disorders in removal proceedings in California, Arizona, and Washington. The complaint stated that the government was required to 1) conduct competency evaluations for all those who the government knows or should know may be incompetent to represent themselves, 2) appoint attorneys for those found in need of counsel as a result of the evaluations, and 3) conduct custody hearings for those who face prolonged detention as a result of the delays caused by their mental disabilities. As a result of the habeas petition, ICE released Mr. Franco-Gonzalez from custody.Read more...

Scholars Call for Passage of the DREAM Act

Published on Tue, Dec 14, 2010

As part of this push, four prominent scholars of students from immigrant families held a conference call with press yesterday to voice support for the DREAM Act. The call was hosted by the Immigration Policy Center of the Washington-based American Immigration Council. The scholars were Roberto G. Gonzales, of the University of Washington School of Social Work; Douglas S. Massey, of Princeton University's Woodrow Wilson School of Public and International Affairs; Rubén G. Rumbaut, of the University of California Irvine School of Social Sciences; and Carola Suarez-Orozco, from New York University's Steinhardt School of Culture, Education, and Human Development.

Published in the Education Week