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Factbox: States Wrestle With Immigration Policy

Published on Thu, Jul 29, 2010

  • As of June 30, bills similar to Arizona's law had been introduced in South Carolina, Pennsylvania, Minnesota, Rhode Island and Michigan.
  • In the first half of the year, 44 state legislatures passed 191 laws and adopted 128 resolutions relating to immigrants and refugees, with governors vetoing five of the bills. This was a 21 percent increase in enacted laws and resolutions from the same time period in 2009.
  • Most of the state legislation addresses employment, law enforcement and identification.
  • In all of 2009 more than 1,500 bills were introduced in state legislatures related to immigration, compared to 300 in 2005.
  • Immigrants made up more than 12 percent of the U.S. population in 2008 and the foreign-born share of Arizona's population was 14.3 percent that year. In California, which is also on the border, foreign-born residents make up more than a quarter of the population. Latinos make up the biggest group.
  • The Latino share of Arizona's population was 30.1 percent in 2008. In neighboring Texas, Latinos made up 36.5 percent of the population and in California they made up 32.4 percent. In New Mexico, they represented nearly 45 percent of the population.

Published in the Reuters

Adjustment of Status When Admission Involved Fraud or Misrepresentation

In March 2008, the Ninth Circuit issued a decision, Orozco v. Mukasey, 521 F.3d 1068 (9th Cir. 2008) , finding that a noncitizen who obtains entry into the U.S. by fraudulent means is statutorily ineligible for adjustment of status under INA § 245(a) because he or she has not been “admitted.” Following the Ninth Circuit’s decision, which was later vacated (Orozco v. Mukasey, 546 F.3d 1147 (9th Cir. 2008)), numerous immigration courts throughout the country were questioning whether Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), was still good law. In Matter of Areguillin, the Board of Immigration Appeals (BIA or Board) had held that an admission occurs when an inspecting officer “permits the applicant to pass through the port of entry.” Thus, the BIA found that Areguillin was “inspected and admitted” within the meaning of the adjustment statute, INA § 245(a), when she was waived through the port of entry, even though she was inadmissible at that time due to lack of proper documents. Ultimately, in July 2010, the BIA issued a precedent decision affirming the rule in Matter of Areguillin.



In the following cases, the LAC submitted amicus briefs to the BIA arguing that Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), should be reaffirmed and that a noncitizen was “admitted” when an immigration officer at a port of entry inspected him and allowed his entry, even if he was inadmissible at the time.Read more...

Lessons on Acceptance and Forgiveness: A Tale of Two Americas

In this immigration lesson plan, students will read a brief version of Rais Bhuiyan’s inspiring story of forgiveness towards his attacker after being a survivor of a hate crime in the days after 9/11 because he was an immigrant. Students will then watch and respond to a Ted Talk by author Anand Giridharadas on Bhuiyan’s story as well as listen Bhuiyan speak about his story and his efforts to build the World Without Hate foundation. Student will be asked to consider what does acceptance and forgiveness mean to them as well as how their school can contribute to making a world without hate.

This lesson is adaptable to English Language Learners and readers at multiple levels.  It was developed by teacher Julie Mann, an ESL and Human Rights Teacher at Newcomers High School, Long Island City, New York and distributed with her permission.

For lesson procedures and Common Core alignment, please click here.

Year Released: 2015


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Under 'Secure Communities,' all fingerprints would go in database

Published on Fri, Aug 20, 2010

"We question how (ICE is) setting their priorities," said Michelle Waslin, senior policy analyst at the Washington-based Immigration Policy Center, which is against Secure Communities. "Are they truly focusing on the most dangerous criminals, or are they also picking up people who have not been convicted of any or a relatively minor crime?"

Published in the Durango Herald

Adjustment for K-2 Visa Holders

The LAC has long advocated that a child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The LAC filed amicus briefs in numerous cases before the Board of Immigration Appeals arguing that this framework for adjustment of status was a more correct interpretation of the law and furthered Congress’s goal to keep families intact.

On June 23, 2011, in Matter of Le, 25 I&N Dec. 541 (BIA 2011), the Board held, consistent with the LAC’s position, that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, the Board rejected DHS’ position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated. As a result, noncitizens who were under 21 when they were admitted and now are pursuing adjustment of status in removal proceedings or before U.S. Citizenship and Immigration Services, will be able to become lawful permanent residents as Congress intended.



The LAC and the American Immigration Lawyers Association submitted several amicus briefs in cases pending before the Board of Immigration Appeals addressing adjustment for K-2 visa holders. The brief submitted in In Re Qiyu Zhang is one example.Read more...

Flag-Wrapped Wrestler Cejudo Values Birthright Citizenship Over Gold Medal

Published on Thu, Oct 07, 2010

Eliminating birthright citizenship would mean everyone, not just immigrants, would have to prove their status and would require a federal bureaucracy to determine who is a citizen, said Michele Waslin, a policy analyst at the Immigration Policy Center, a Washington-based nonpartisan research group.

Published in the Bloomberg

Litigation Clearinghouse Newsletter Vol. 3, No. 11

This issue covers the impact of the Ninth Circuit decision vacating Orozco v. Mukasey; a Second Circuit affirmance of a BIA ruling finding a post-9/11 Special Call-In Registration Program valid; a Ninth Circuit decision upholding the Arizona employer sanctions law; and the Supreme Court's decision to grant certiorari to determine what federal prosecutors must show to prove aggravated identity theft.

Published On: Wednesday, October 22, 2008 | Download File

588 renowned scholars sign unprecedented document calling upon U.S. Senate to pass DREAM Act legislation

Published on Fri, Dec 17, 2010

As the Immigration Policy Center, organizers of the letter out it, “By failing to offer these young people a place in America, we are cutting them off from the very mechanisms that would allow them to contribute to our economy and society.”

Published in the La Prensa Ohio

Litigation Clearinghouse Newsletter Vol. 2, No. 1

This issue covers amendments to the Federal Rules of Appellate Procedure, interim EAD problems, update on I-212/Perez-Gonzalez litigation, jurisdiction over habeas petitions challenging detention post-REAL ID Act, and challenges to a BIA CAT decision on "acquiescence."

Published On: Thursday, January 11, 2007 | Download File