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Asylum Seekers File Class Action Lawsuit Against DHS

Released on Fri, Jul 01, 2016

Washington D.C. - The U.S. Government has placed unnecessary hurdles in front of asylum seekers who are attempting to file asylum applications within the required time period. In fact, bureaucratic obstacles, a well-documented court backlog, and jurisdictional disputes between agencies often make it impossible for individuals to file their asylum applications by the deadline, leaving them ineligible for asylum and subject to deportation. 

In an attempt to bring order and fairness to what has become an overly bureaucratic and chaotic process, today, 4 asylum-seekers filed a class action lawsuit challenging the Department of Homeland Security’s (DHS) failure to advise them of the deadline for filing their asylum applications, as well as both DHS’s and the immigration courts’ failure to adopt procedures which would ensure that an individual is able to file an asylum application by the deadline.  

Plaintiffs, represented by the American Immigration Council, Northwest Immigrant Rights Project, Dobrin & Han, PC, and the National Immigration Project of the National Lawyers Guild, sue on behalf of themselves and all other individuals in the United States who are in the same situation.
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Why Did They Leave Home?

Why Did They Leave Home? exposes primary grade students to the multiple reasons why people choose to immigrate to America and the challenges immigrants face.

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The Man Behind Arizona’s Immigration Law

Published on Fri, May 07, 2010

When Arizona passed a law that handed local police unprecedented authority to investigate and arrest suspected illegal immigrants, the state ignited a firestorm in a midterm election year. And for Kris Kobach, the former Bush administration lawyer who helped draft the legislation, the crackdown in Arizona is just the beginning.

Published in the Mother Jones

Whom to Sue and Whom to Serve

This Practice Advisory addresses who is the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. The advisory covers whom to sue in specific types of immigration-related actions, including mandamus, Federal Tort Claims Acts (and administrative claims), Bivens, and habeas actions.

Published On: Thursday, May 13, 2010 | Download File

Workshop 2006

The American Immigration Law Foundation's Curriculum Center held five successful teachers' symposia in 2006. Teachers attended free day long professional development workshops in Chicago, Miami, Philadelphia, San Francisco and Washington, D.C.The symposia focused on current immigration policies, presenting immigration in the classroom, sharing stories through oral history, learning with literature and media and using artifacts, primary sources and dramatic arts to teach immigration.

Immigrant Prosecution Program Draws Criticism

Published on Sat, Jun 12, 2010

During a teleconference hosted by the Immigration Policy Center last week, Aarti Kohli, director of immigration policy at the Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity at the Berkeley School of Law, said Operation Streamline is an example of “a misdirected policy.”

Published in the Green Valley News (FL)

How to Challenge an Affirmance Without Opinion by a BIA Member

Single BIA members are deciding summarily thousands of case using the "affirmance without opinion" procedure. This Practice Advisory discusses arguments that challenge a BIA Member's use of this procedure to deny an appeal.

Published On: Friday, September 27, 2002 | Download File

Japanese Americans

Fred T. Korematsu was a national civil rights hero. In 1942, at the age of 23, he refused to go to the government’s incarceration camps for Japanese Americans. After he was arrested and convicted of defying the government’s order, he appealed his case all the way to the Supreme Court. In 1944, the Supreme Court ruled against him, arguing that the incarceration was justified due to military necessity.

In 1983, Prof. Peter Irons, a legal historian, together with researcher Aiko Herzig-Yoshinaga, discovered key documents that government intelligence agencies had hidden from the Supreme Court in 1944. The documents consistently showed that Japanese Americans had committed no acts of treason to justify mass incarceration. With this new evidence, a legal team of mostly Japanese American attorneys re-opened Korematsu’s 40 year-old case on the basis of government misconduct. On November 10, 1983, Korematsu’s conviction was overturned in a federal court in San Francisco. It was a pivotal moment in civil rights history.

Korematsu remained an activist throughout his life. In 1998, he received the Presidential Medal of Freedom, the nation’s highest civilian honor, from President Bill Clinton. In 2010, the state of California passed the Fred Korematsu Day bill, making January 30 the first day in the US named after an Asian American. Korematsu’s growing legacy continues to inspire people of all backgrounds and demonstrates the importance of speaking up to fight injustice.

Year Released: 2012

Amid Arizona Furor, Reform Debate Simmers

Published on Mon, Jul 26, 2010

"I think that [Arizona's law] has created an imperative for the federal government," to push for the overhaul, said Wendy Sefsaf, communications director at the Immigration Policy Center.

With more than 20 states considering legislation similar to Arizona's law, it would not be in the federal government's interests to challenge each one individually, she said.

Published in the International Business Times

Litigation for Business Immigration Practitioners

This Practice Advisory provides information to help practitioners assess whether filing suit in federal court is the right option for challenging an employment-based petition denial. It discusses the importance of building a solid administrative record and other factors practitioners should consider before filing suit. It also discusses the components of a complaint and the standards that a federal court will apply in reviewing the agency’s decision. 

Published On: Friday, June 3, 2016 | Download File