On a conference call today, opponents of changing the policy said that while Americans are "justifiably frustrated" with current immigration policy, eliminating birthright citizenship "would punish the innocent children of undocumented immigrants, which flies in the face of American values," according to Michele Waslin, Senior Policy Analyst at the Immigration Policy Center.
This Practice Advisory discusses the types of Affirmance Without Option (AWO) challenges that have failed and those that remain available. The advisory also includes a chart identifying the primary cases in each circuit and how they have decided various AWO issues.
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).
For more information, please visit our asylum clock litigation page and read the updated FAQ on the benefits provided under the settlement agreement of the nationwide class action, ABT. v. USCIS, which challenged policies related to employment authorization for asylum applicants.
Americans are justifiably frustrated that 11 million unauthorized immigrants now live in the United States. Yet the majority of them would have preferred to come legally; there was simply no way under current immigration laws. Moreover, most of them are working, paying taxes, and buying US goods. Other than lacking legal status, most are law-abiding residents. Many are married to US citizens, with children who are citizens.
The problem is that they are often willing to accept low wages and poor working conditions, which creates unfair competition for US workers and gives unscrupulous employers an unfair advantage over law-abiding employers.
We could continue on the same path we have pursued for two decades: spending more money on enforcement and passing increasingly harsh laws in an attempt to drive unauthorized immigrants out. But despite the billions of dollars we’ve spent building walls, hiring border patrol agents, and detaining and deporting hundreds of thousands, the unauthorized population hasn’t decreased significantly.
Instead of “enforcement only,” we should offer unauthorized immigrants a chance to come forward, register, pay a fine, learn English, pass background checks, and legalize their status.
Legalizing them would inject a new level of certainty into their lives, allowing them to invest more in themselves and their communities. Legalized immigrants will earn more, pay more taxes, consume more, buy houses, start businesses, and contribute more to the economy.
Americans want real solutions to the problem of unauthorized immigration that are practical and fair. Enforcement alone has failed. We need comprehensive immigration reform that includes a legalization program.
– Michele Waslin, senior policy analyst, American Immigration Council’s Immigration Policy Center
The LAC works with other concerned advocates to encourage DHS to develop meaningful detainer guidance to address the pervasive problems with the current detainer system. LEAs consistently violate the 48 hour rule - the statutory period that LEAs can hold noncitizens subject to ICE detainers after they would otherwise have been released from state custod - because ICE often fails to take custody of a person subject to a detainer within this timeframe. As a result, unlawfully detained persons languish in LEA custody with no recourse. Moreover, in violation of ICE’s stated enforcement priorities, ICE issues detainers without regard to the seriousness of the criminal offense for which an alleged non-citizen was arrested. Detainers also are issued without sufficient evidence of individuals’ removability, and arrested persons and their attorneys are often not advised that a detainer has been issued or how to challenge an improperly or improvidently-issued detainer. More generally, ICE has not carried out the kind of oversight or data collection necessary to ensure compliance with existing detainer guidance.
In April 2011, the LAC co-drafted comprehensive comments on DHS proposed detainer guidance and recommended that DHS promulgate new regulations that ensure more effective oversight over the issuance of detainers and better protection for those subject to detainers.
In response, ICE has since released a new detainer form that does not substantively address the comments on the proposed detainer guidance.
The American Immigration Law Foundation (AILF) is pleased to present this 2005 edition of its 'Appreciating America’s Heritage" teacher resource guide.In these pages educators will find the latest lesson plans and book reviews developed by AILF for primary, intermediate, and secondary level classrooms. Each curriculum is designed and books have been selected to introduce students, especially those who may not be exposed directly to ethnically diverse populations, to the important and timely topic of immigration.
“Those children can’t petition for their parents to become U.S. citizens until they are 21 years old and it most cases, the parents would be barred from getting a visa to the United States for 10 years,” said Michelle Waslin, senior policy analyst at the American Immigration Council’s Immigration Policy Center in Washington, D.C. “So that’s a 31-year plan. It doesn’t seem like it’s a very good plan to legalize your status here in the U.S. It doesn’t protect them from deportation.”
Waslin argues that such a change in the law will affect all citizens, creating a complicated bureaucracy.
“My birth certificate will no longer be proof of my U.S. citizenship, so how would anybody prove their citizenship?” she asked.
This issue covers recent Supreme Court developments, a favorable decision in the surviving spouse class action, highlights from recent BIA precedent decisions, an AILF amicus brief challenging the regulatory bar to motions filed after departure from the US, and an invitation to upcoming litigation and detention meetings at AILA's Annual Conference.