Mayorkas v. DeOsorio, No. 12-930 (cert. granted June 24, 2013)
The Supreme Court will hear oral argument on December 10, 2013 in the Child Status Protection Act (CSPA) case Mayorkas v. DeOsorio. The Court will consider whom Congress intended to benefit by INA § 203(h)(3), a provision which allows beneficiaries of certain visa petitions to retain earlier priority dates after “aging-out” (turning 21) and losing child status. The government sought Supreme Court review of an en bancdecision of the Ninth Circuit holding that § 203(h)(3) applied to derivative beneficiaries of the Family 3d and 4th preference categories, as well as those in the Family 2A category. DeOsorio v. Mayorkas, 695 F.3d 1003 (9th Cir. 2012). In so holding, the Ninth Circuit rejected the Board of Immigration Appeals’ interpretation of § 203(h)(3) as applying only to derivative beneficiaries of the Family 2A preference category. Matter of Wang, 25 I&N Dec. 28 (BIA 2009).
The American Immigration Council is amicus in this case. Read more about our CSPA litigation on our Child Status Protection Act website.
CHARLESTON, SOUTH CAROLINA: In October, the U.S. Department of Justice challenged South Carolina's immigration law in federal court, charging that parts of the law are "unconstitutional and interfere with the federal government's authority to set and enforce immigration policy."
In April, the Justice Department succeeded in blocking some provisions of the newly enacted Arizona immigration law, and in October, some of Alabama's controversial provisions were temporarily blocked. Last month, the federal government sued Utah.
"A patchwork of immigration laws is not the answer and will only create further problems in our immigration system," Attorney General Eric Holder said in a statement Nov. 22. "The federal government is the chief enforcer of immigration laws, and while we appreciate cooperation from states, which remains important, it is clearly unconstitutional for a state to set its own immigration policy."
South Carolina officials, including Gov. Nikki Haley, echoing the concerns of leaders in other states, say that local authorities cannot wait any more for the federal government to institute comprehensive immigration reform and must act now to secure borders and protect citizens and legal residents.
"If the Feds were doing their job, we wouldn't have had to address illegal immigration reform at the state level," Haley spokesman Rob Godfrey said recently.
The Obama administration has ramped up deportation actions.
About 1.1 million illegal immigrants have been deported since the beginning of 2009, and the Department of Homeland Security is dealing with a backlog of about 300,000 cases. By comparison, a total of 1.57 million were deported during President George W. Bush's two terms.Read more...
Are you a University student or recent graduate interested in a J-1 intern program related to your studies? If you have identified a host company, the International Exchange Center can assist in making your internship a reality. Read more...
Congratulations to Klaas Frese, our Exchange Visitor of the Month! Klaas came to Pennsylvania from Germany to train in the area of freight forwarding. We caught up with Klaas after a recent trip to Las Vegas to learn more about his experience in the United States.
GOP presidential candidates have voiced their support for immigration policies that leave out most Latino voters, who are looking for a common sense solution to the issue, but Democrats are not doing much better, participants in Spanish language Univision news show Al Punto said Sunday.
Immigration policies supported by GOP presidential candidates “do not articulate a poltical or economic position that is realistic,”said Viviana Hurtado, of the Wise Latina Club, on Al Punto.
According to TIME magazine’s Tim Padgett, ”the Latino community, especially the Mexican American community, do not want an open door policy that lets anybody in.” What they want, said Padgett, “is a common sense policy” – something neither Democrats nor Republicans have offered.
Padgett added that “Democrats are doing well with Latinos only because Republicans are doing so badly.”
Sylvia Manzano, of Latino Decisions, wrote Sunday that “Republican candidates have devoted quite a bit of time to issues disproportionately affecting Latinos, asserting their party and ideological bona fides on topics like official English language laws, immigration, Mexican border control, the DREAM Act, bilingual education and various identification laws. From the vantage point of most Latino voters, the Republican party champions positions opposite to their interests.”
According to the The Guardian, Kris Kobach, author of the controversial immigration enforcement laws in Arizona and Alabama, ”has been in direct discussions with [Mitt Romney] the presidential candidate about possible changes to federal policy should Romney win the Republican nomination and go on to take the White House.”
Kobach, current Kansas Secretary of State, is a long-time supporter of “attrition through enforcement” policies, which Romney himself has called “self-deportation.”Read more...
Past AILA President Chuck Kuck has started a summer campaign to get 50 of his colleagues to join him in making a monthly donation of $10 (or more) to the American Immigration Council. Read his email below and join the campaign!
CLICK HERE to join the Summer Campaign and become a monthly donor to the American Immigration Council!
Where people come to look for freedom and happiness."
Those are the opening lines from a winning poem by Illinois fifth grader and champion gymnast Alexander Tymouch. The poem took the top spot in the 2012 American Immigration Council's annual "Celebrate America" fifth grade creative writing contest
The Immigration Policy Center (IPC), the research and policy arm of the American Immigration Council, is seeking a Research Intern to assist with research for one month during January. This position is ideal for students on the 4-1-4 academic calendar. Applicants should possess strong research and proof-reading skills, as well as a passion for the future of immigration. Read more about the internship and the application process here.