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Stories of Immigration

Stories of Immigration teaches secondary grade students about the value of immigration through selected literature. The lesson also increases student awareness of the important historical periods of immigration and the effects of these events on America.

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Velazquez, Menendez and Gutierrez on Immigration Reform

Published on Wed, Sep 15, 2010

Advocates of comprehensive immigration reform were once wary of supporting the DREAM Act as a standalone measure because it could scare off future votes for comprehensive immigration reform. Mary Giovagnoli, director of Immigration Policy Center, told TWI recently that it is no longer clear how the DREAM Act’s passage would impact comprehensive reform efforts.

“We don’t have a good measure anymore of what will happen once we get something discreet like the DREAM Act passed,” she said. “But when the sky doesn’t fall in and if people still get re-elected after supporting DREAM, it may show members of Congress that leaning into the immigration issue and voting for comprehensive immigration reform could help them politically.”

Published in the The Washington Independent

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...

The Urban Institute

The nonpartisan Urban Institute publishes studies, reports, and books on timely topics worthy of public consideration. The views expressed are those of the authors and should not be attributed to the Urban Institute, its trustees, or its funders.

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Report says foreign-born workers gained jobs after recession

Published on Sun, Nov 07, 2010

Officials with the American Immigration Council rejected the idea that employment among foreign-born and native-born workers was a zero-sum game.

“Immigrant and native-born workers are not interchangeable, nor do they compete with each other for some fixed number of jobs in the US economy,’’ said Mary Giovagnoli, of Immigration Policy Center, a rights group.

Published in the Boston Globe

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...

GOP Senators Push to End Birthright Citizenship

Published on Fri, Jan 28, 2011

Critics of the proposal, among them the Immigration Policy Center's Michele Waslin, argue that eliminating birthright citizenship "would punish the innocent children of undocumented immigrants, which flies in the face of American values." CBS News polling finds Americans split on the issue.

Published in the CBS News

Litigation Clearinghouse Newsletter Vol. 2, No. 13

This issue covers natz delay class actions, challenges to Matter of Perez-Vargas, potential religious worker litigation, and LAC news.

Published On: Monday, November 19, 2007 | Download File