Senator Reid to Attach Act to Defense Authorization Bill
Released on Wed, Sep 15, 2010
Washington, D.C. - Yesterday, Senate Majority Leader Harry Reid announced that he would attach the Development, Relief, and Education for Alien Minors (DREAM) Act to the Department of Defense authorization bill expected to come before the Senate as early as next week. The vote will be an important test of whether Congress can transcend partisan politics and work together on crafting solutions to the broken immigration system that both Democrats and Republicans acknowledge is in desperate need of reform. That the proposal will be considered as an amendment to the Defense Authorization bill is appropriate, given the Department of Defense's support for DREAM Act as a way to improve military readiness.
First introduced in 2001, the DREAM Act would address the plight of young immigrants who have been raised in the U.S. and managed to succeed despite the challenges of being brought to the U.S. without proper documentation. The proposal would offer a path to legal status to those who have graduated from high-school, have stayed out of trouble and plan to attend college or serve in the U.S. military for at least two years.
Each year, approximately 65,000 undocumented students graduate from high school, many at the top of their classes, but cannot go to college, join the military, work, or otherwise pursue their dreams. They belong to the 1.5 generation - any (first generation) immigrants brought to the United States at a young age who were largely raised in this country and therefore share much in common with second generation Americans. These students are culturally American, growing up here and often having little attachment to their country of birth. They tend to be bicultural and fluent in English. Read more...
A federal appellate court recently reversed a Board of Immigration Appeals’ (BIA) decision that would have prevented noncitizens from presenting new evidence in their removal cases – evidence that potentially could change the outcome – because they are outside the United States. As the Legal Action Center of the American Immigration Council and the National Immigration Project of the National Lawyers Guild argued in an amicus brief, Congress enacted laws that allow noncitizens to pursue their cases from outside the U.S. The decision from the U.S. Court of Appeals for the Ninth Circuit is the latest in a series of decisions rejecting the government's position that immigration judges and the BIA lack jurisdiction over such cases.
Federal law gives noncitizens 90 days to file a “motion to reopen,” a procedural mechanism for submitting new evidence after a removal order becomes final. But the BIA has long maintained that it cannot consider a motion to reopen if a foreign national is outside the United States. The court rejected the government’s position, emphasizing that allowing the immigration courts to refuse to hear motions in these cases enables the Department of Homeland Security to unilaterally restrict the opportunity to seek reopening by deporting a person before the deadline for filing a motion to reopen. As the court concluded, the government’s position “completely eviscerate[s] the statutory right to reopen provided by Congress.”
“Five appellate courts have found that the bar to motions to reopen from outside the U.S. is unlawful. It is past time for the government to withdraw this outdated regulation rather than proceed with costly litigation,” said Beth Werlin of the American Immigration Council’s Legal Action Center.Read more...
Washington, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) released a new survey today finding that Immigration and Customs Enforcement (ICE) officers and attorneys across the country are applying different standards on prosecutorial discretion despite the issuance of national policy memoranda this summer. The report, which includes inform ation about all 28 ICE offices nationwide, shows that most ICE offices have not even implemented the two headquarters’ memos. These discrepancies reflect a need for ICE and Department of Homeland Security (DHS) leadership to issue additional guidance to its rank and file.
“We felt that ICE’s June 2011 memoranda about the use of prosecutorial discretion in certain types of immigration cases were clear and straightforward,” said AILA President Eleanor Pelta. “But,” Pelta continued, “these survey results show that ICE agents and attorneys are not willing to use the discretion they are responsible for implementing without further guidance. They are asking for more, and the agency’s leadership should help them get it,” said Pelta.
According to Benjamin Johnson, Executive Director of the American Immigration Council, "the June 2011 memo lays out a basic premise in law enforcement: the proper exercise of discretion is an integral part of any law enforcement effort to focus its resources effectively. If, as this survey reveals, many local immigration officials are unwilling to accept this basic premise, then the challenge for DHS and ICE is to back the memo up with the leadership, training and support necessary to make sure that these policies are actually being implemented."Read more...
Updated Practice Advisory on Deferred Action for Childhood Arrivals
August 13, 2012
Washington, D.C.— The Legal Action Center (LAC) is pleased to release an updated Practice Advisory, Deferred Action for Childhood Arrivals. This Practice Advisory analyzes DHS guidance regarding the eligibility criteria and application process for the Obama administration’s new initiative to grant deferred action to certain individuals who came to the United States as children. It also offers strategic advice for attorneys representing individuals who may qualify for deferred action under this initiative. The LAC issued this advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.
For additional resources related to the deferred action announcement, visit the Immigration Policy Center’s website. Read more...
The Process Must Adhere to Certain Principles to Ensure A Workable System
Released on Thu, May 09, 2013
Washington D.C. - Today, the Senate Judiciary Committee begins “mark-up” of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. In an unprecedented move by Senate Judiciary Committee Chairman Patrick Leahy and Ranking Member Charles Grassley, all amendments have been made publicly available in order to make the process more transparent and inclusive. Although nearly 300 amendments have been filed, the Committee will only take up a limited number over the course of the mark-up. It’s important that the amendments considered are those that really seek to improve and perfect the bill, rather than attempt to undermine it.
The point of a committee mark-up process is to expose a bill to careful scrutiny and debate. It is not the place for political grandstanding. Now more than ever, the Senate Judiciary Committee must use its authority to ensure that the immigration bill is workable, fair, and practical.
The United States needs a workable, efficient, and flexible immigration system that responds to the rapidly changing demands of a 21st century economy, technologies, and migration patterns. People live and work and create in ways that are different than they were twenty years ago, and yet our immigration system continues to operate on a series of static quotas and rigid requirements that ignore advances in every sector of our economy and the way we live today.
Additionally, we cannot wall ourselves away from the world. Many of the amendments that will be offered today will deal with border security and revisit the oft-repeated attempts to build a wall around this country—either through border fencing or by adding layers of national security screenings. We need to do what is smart, secure, and effective for immigration policy, but we should not revert back to the period of fear and suspicion that dominated immigration reform in the last decade. To be clear: Read more...