Washington D.C. - Tomorrow, Tuesday, July 26, the House Judiciary Subcommittee on Immigration Policy and Enforcement will hold a hearing on the “Hinder the Administration’s Legalization Temptation Act” (HALT Act), a bill that would suspend discretionary forms of immigration relief until January 21, 2013—the day after the next Presidential inauguration.
Today, the Immigration Policy Center held a briefing to describe how the HALT Act systematically attacks many of the discretionary forms of relief available to immigrants. Immigration policy experts described the implications of limiting the Administration’s discretion in prosecuting immigration cases, as well as the impetus behind the bill.
Mary Giovagnoli, Director of the Immigration Policy Center, said:
“The HALT Act seeks to disable or suspend a number of immigration provisions that provide any discretionary relief to immigrants in order to chastise the Administration for a series of policy memos that contemplate using executive branch authority to improve current laws. Its authors seek to discourage the Administration from interpreting the law in ways that are more streamlined or benefit more individuals.”
Beth Werlin, Deputy Director of the Legal Action Center, further explained:
“By taking away the power to grant deferred action, the HALT Act is basically interfering with the Administration’s ability to prioritize its removal cases and focus its resources on serious criminals and those who pose a true security risk.”
Marshall Fitz, Director of Immigration Policy at the Center for American Progress, commented on the impetus behind the bill:Read more...
Washington, D.C.—Last week, the Supreme Court issued a decision in Vartelas v. Holder, holding that the Fleuti doctrine still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions before April 1, 1997 who travel abroad do not, upon their return, face inadmissibility if their trip was brief, casual and innocent.
Today, the Legal Action Center, the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild are issuing a Practice Advisory, Vartelas v. Holder: Implications for LPRs Who Take Brief Trips Abroad and Other Potential Favorable Impacts, which describes the Court’s decision and offers strategies for LPRs who are affected by it. Of particularly note, some LPRs with final orders may want to consider filing motions to reconsider within 30 days of the Court’s March 28 decision. The advisory also discusses some of the other potential favorable impacts of the decision, including support for challenging the retroactive application of other immigration provisions and support for a broad reading of the criminal defense lawyer’s duty under Padilla v. Kentucky.
“Brief, casual and innocent” absences from the United States do not interrupt continuous residence for purposes of DACA eligibility. This practice advisory discusses the “brief, casual and innocent” standard under existing case law. Though such case law may inform USCIS’s review of absences from the United States, DACA adjudicators are not bound by these decisions. Courts have often adopted generous interpretations of the “brief, casual and innocent” standard, and it is hoped that USCIS will do the same in the DACA context.
The second practice advisory – which applies beyond the DACA context – discusses entries in three common situations: where a noncitizen is “waved” through a port of entry with no questions asked; where entry is gained by fraud or misrepresentation; and where there is a false claim to U.S. citizenship. With respect to each situation, the practice advisory explores whether an “admission” has occurred, the individual’s immigration status upon entry, and the immigration consequences of the action. It also discusses the impact of these three types of entries on a DACA application.
Undocumented Mexican migrants who won their legalization during the 1986 amnesty showed a marked improvement in their economic status, education levels increased substantially and thousands visibly moved out of poverty without relying on public assistance.
Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC), in collaboration with the Catholic Legal Immigration Network, Inc. (CLINIC), is pleased to announce the release of a new practice advisory, Advance Parole For Deferred Action For Childhood Arrivals (DACA) Recipients. One of the benefits of DACA is that a recipient may seek permission – through a process known as “advance parole” – to travel abroad temporarily for humanitarian, educational, or employment purposes. This practice advisory provides guidance on advance parole eligibility for DACA recipients; outlines how a DACA recipient may apply for advance parole; addresses the legal issues that can confront a DACA recipient considering travel on advance parole, including any potential risks; and finally, covers the impact that the travel may have on the DACA recipient’s future immigration benefits.
For a complete list of the LAC’s Practice Advisories, please visit our website.
The Center for American Progress and the Immigration Policy Center released a report today quantifying the potential economic benefits of comprehensive immigration reform. Legalize unauthorized workers, the study concludes, and the American GDP would grow by an additional $1.5 trillion over the next 10 years (kick them all out — never mind the cost of deportation — and we'd lose $2.6 trillion in the process).
One study shows that comprehensive immigration reform could add $1.5 trillion to the country’s GDP over the next 10 years by increasing consumption and investment. Comprehensive immigration reform, here, is defined as a plan that “creates a pathway to legal status for unauthorized immigrants in the United States and establishes flexible limits on permanent and temporary immigration that respond to changes in U.S. labor demand in the future.” According to this Center for American Progress and Immigration Policy Center study, comprehensive reform would also boost wages for both native-born and newly legalized immigrant workers.