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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 File a Petition for Review

Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

Published On: Monday, February 28, 2011 | Download File

Immigrant Entrepreneurs, Innovation, and Welcoming Initiatives by State

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Browse our state fact sheets on the impact of immigrant entrepreneurs and state Welcoming Initiatives.

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

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

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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Immigrant vigil stresses necessity of a path to legalization

Published on Wed, Aug 11, 2010

Immigrants aren’t very noticeable in West Virginia, which was 95 percent white in the year 2000, according to the Census. Yet, they’re here. The Immigration Policy Center estimates that the state was home to more than 23,000 immigrants in 2008, and the population is growing. Many of the immigrants are Latino or Asian.  

Published in the West Virginia Public Broadcasting

"Arriving Aliens" in Removal and Adjustment of Status

In 1997, the former INS adopted a regulation that barred all "arriving aliens" who were in removal proceedings from adjusting status. See former 8 C.F.R. § 245.1(c)(8) (1997). At the same time, INS adopted a regulation broadly defining the term "arriving alien." As a result, almost all parolees in removal proceedings were barred from adjustment of status. This regulation was withdrawn by the government in 2006 following litigation spearheaded by the LAC and was replaced by a regulation that gives USCIS jurisdiction over these adjustment applications.

CASES | ADVOCACY | RESOURCES

CASES

Challenges to the 1997 Regulation

The LAC filed amicus briefs in nine courts of appeals in which we challenged the regulatory bar to adjustment of status for “arriving aliens” in removal proceedings. Ultimately, three courts accepted our arguments that the regulation violated the statute. Succar v. Ashcroft, 394 F.3d 8 (1st Cir. 2005); Zheng v. Gonzales, 422 F.3d 98 (3d Cir. 2005); Bona v. Gonzales, 425 F.3d 663 (9th Cir. 2005). A fourth court followed the lead of these three courts.  Scheerer v. U.S. Attorney General, 445 F.3d 1311 (11th Cir. 2006). Two other courts rejected our arguments and upheld the regulation. Mouelle v. Gonzales, 416 F.3d 923 (8th Cir. 2005); Momin v. Gonzales, 447 F.3d 447 (5th Cir. 2006). In response to this litigation, the government withdrew the challenged regulation and adopted an interim regulation that provides USCIS with jurisdiction to adjudicate an adjustment application of an “arriving alien” who is in removal proceedings. 71 Fed. Reg. 27585 (2006).

Challenges Brought Under the Interim RegulationRead 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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Poll indicates Latinos alienated by GOP

Published on Wed, Oct 06, 2010

According to the most recent data from the 2010 Census, Latinos make up 11.5 percent of Utah’s population. The Immigration Policy Center revealed 32 percent of immigrants in Utah in 2008 were naturalized citizens who can vote. That number continues to rise.

Published in the Salt Lake City Examiner