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Legalization

SB 1070 Enforcement Will NOT Be Uniform

Published on Tue, Jul 27, 2010

The procedures followed by individual police agencies are not dictated by the board or the governor, however, and as a new study by the Immigration Policy Center shows there will be a wide variety of enforcement policies within Arizona, even with the law’s heavy-handed language about officers being required to do one thing or another and citizens being able to sue those they don’t believe to be enforcing the law.

Published in the Arizona Republic

Deferred Action for Childhood Arrivals

This practice advisory incorporates recent DHS guidance regarding fraudulent Social Security numbers, required evidence, and travel considerations for individuals who are requesting Deferred Action for Childhood Arrivals (DACA). It also offers strategic advice for attorneys representing individuals who may qualify for DACA. The LAC issued this advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.

Published On: Thursday, July 25, 2013 | Download File

Births to Illegal Immigrants Are Studied

Published on Wed, Aug 11, 2010

Some researchers noted that the Pew figures did not identify families where both parents were illegal immigrants. “If anything, the Pew report highlights how complicated this issue is, given that so many unauthorized immigrants live in families that include U.S. citizens and legal immigrants,” said Michele Waslin, senior policy analyst for the Immigration Policy Center, a group that supports legalization for illegal immigrants.

Published in the New York Times

REAL ID

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REAL ID – General

The LAC argued that the Second Circuit is not required to transfer a habeas appeal pending on REAL ID’s enactment date to the Fifth Circuit even though the immigration judge proceedings occurred within the Fifth Circuit.

  • Wilson v. Reno                        2nd Circuit                        Nos. 04-5869, 04-5973

REAL ID and District Court Jurisdiction

The LAC argues in these amicus briefs that the district courts erred in dismissing appeals of CIS denials of adjustment applications, where the individuals were not in removal proceedings and where the adjustment applications were denied on non-discretionary statutory eligibility grounds.Read more...

In defense of the failed Dream Act immigration bill

Published on Mon, Sep 27, 2010

The Immigration Policy Center writes:

Acknowledging the large numbers of illegal Europeans in the U.S., the government devised ways for them to remain in the U.S. legally. *Deserving* illegal European immigrants could benefit from various programs and legalize their status. The 1929 Registry Act allowed *honest law-abiding alien[s] who may be in the country under some merely technical irregularity* to register as permanent residents for a fee of $20 if they could prove they had lived in the U.S. since 1921 and were of *good moral character.* Roughly 115,000 immigrants registered between 1930 and 1940—80% were European or Canadian. Between 1925 and 1965, 200,000 illegal Europeans legalized their status through the Registry Act, through *pre-examination*—a process that allowed them to leave the U.S. voluntarily and re-enter legally with a visa (a *touch-back* program)—or through discretionary rules that allowed immigration officials to suspend deportations in *meritorious* cases. Approximately 73% of those benefitting from suspension of deportation were Europeans (mostly Germans and Italians).

Published in the Washington Times

Visa Programs for High-Skilled Workers

Businesses depend on highly skilled foreign professionals to remain competitive in today’s global market. In recent years, however, arbitrary decision making by the immigration agencies has often prevented U.S. employers from hiring the best and the brightest. Inconsistent outcomes in cases with similar facts, inexplicably restrictive interpretations of legal requirements, and the proliferation of Requests for Evidence are among the many obstacles that unjustifiably prevent highly skilled professionals from obtaining visas to work in the United States. Moreover, the agencies’ frequent reliance on obscure guidance and unwritten policies complicates the task of challenging bad decisions through litigation. 

The LAC is working to tackle these problems by using the Freedom of Information Act (FOIA) to increase transparency and accountability, undertaking litigation where appropriate, and providing practice resources to help lawyers challenge unlawful agency action in court.

CASES l ADVOCACY l RESOURCES

CASES

H-1B Validity Period Litigation

Valorem Consulting Group, LLC v. USCIS, Case No. 4:13-cv-1209-ODS (W.D. Mo.). Valorem, an IT consulting company, petitioned to employ a software developer for three years in H-1B status as part of a project development team at its office. Initially, USCIS denied the petition, but later – after Valorem, represented by AILA member Susan Bond, filed suit – approved it for one year. Read more...

Do any university presidents oppose the DREAM Act?

Published on Mon, Dec 13, 2010

Finally, I called up Wendy Sefsaf, communications director at Immigration Policy Center, a group that supports DREAM. She hadn't heard of any presidents issuing public statements against the legislation either, but she did have this to say about the lack of academic opposition: "It diminishes any argument that allowing undocumented students to go to college is bad for universities, in terms of economic impact, pushing other students out, or overcrowding. If it wasn't a good idea, universities and their presidents wouldn't be unanimously in support of it."

Published in the Boston Globe