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Second Circuit Narrowly Interprets Aggravated Felony Bar Under INA § 212(h)

Released on Tue, Jan 27, 2015

Washington, D.C.—Recently, the U.S. Court of Appeals for the Second Circuit issued a precedent decision that will allow a greater number of lawful permanent residents (LPRs) to avoid deportation if they can demonstrate to an immigration judge that their removal will result in extreme hardship to close family members in the United States. The Court held that the bar to a waiver under § 212(h) of the Immigration and Nationality Act (INA) applies only to those persons with an aggravated felony conviction who became LPRs at the time that they lawfully entered the United States. The American Immigration Council (Immigration Council) filed an amicus brief in the case with the American Immigration Lawyers Association (AILA).

The Immigration Council applauds the ruling and repeats its call for the Board of Immigration Appeals (BIA) to overturn its contrary decision in Matter of Koljenovic, 25 I&N Dec. 219 (2010). With this decision, the Second Circuit joins the seven other Courts of Appeal—an overwhelming majority—to have rejected Matter of Koljenovic. To date, the Eighth Circuit stands alone in upholding the BIA’s decision. The First and the Tenth Circuits have not yet ruled on the issue, although the Council and AILA have filed amicus briefs in two pending cases in the Tenth Circuit. The Second Circuit case is Husic v. Holder. Michael P. DiRaimondo was lead counsel in the case; Thomas E. Moseley was co-counsel. 

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DHS Analysis Finds That 287(g) Program Is a Big, Fat Flop

Published on Wed, Apr 07, 2010

A report out of the Department of Homeland Security's Office of the Inspector General (OIG) last week doesn't mince many words when it comes to the failure of 287(g), a 1995 law that allowed local and state law enforcement to assume some of the federal prerogative of immigration enforcement.

Published in the Change.org

Immigration Control Program Morphing Into Prisoner Screening Program

Published on Wed, May 05, 2010

The 287(g) program, a lightning rod for criticism, is slowly and quietly melting into an expanded version of Secure Communities, a different and more under-the-radar government program.

Advocates and experts have noticed the switch, as the line to sign up for 287(g), a program that deputizes local police officers to enforce immigration law, has slowed, and the support for Secure Communities, a program screening prisoners for immigration status, grows.

Published in the Latin American Dispatch

President Obama sends National Guard to secure U.S. Mexican border

Published on Wed, May 26, 2010

Benjamin Johnson of the American Immigration Council said, "If the only way you're going to be able to enforce the law is to get really close to that line, if not cross over it, then that's a problem."

Published in the NBC News

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.

The Enforcer

Published on Tue, Jun 01, 2010

The new law, which won't take effect until the summer, compels police to seek identification of individuals they suspect might be in the country illegally - something civil rights advocates believe will lead to racial profiling and other abuses. Despite those concerns, 12 state legislatures have introduced, or are considering, similar legislation, according to a recent analysis by the Immigration Policy Center, the research arm of the American Immigration Council, an advocacy group.

Published in the Government Executive

§ 212(h) Eligibility: Case Law and Potential Arguments

This Practice Advisory addresses statutory requirements for § 212(h) waivers; availability of § 212(h) waivers in removal proceedings for both LPRs and non-LPRs; and situations when a “stand-alone” § 212(h) waiver can, or arguably might, be filed. The advisory also discusses the regulation imposing a heightened hardship standard in cases involving violent or dangerous crimes.

Published On: Tuesday, February 19, 2008 | 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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Immigrants A Force In Georgia Many Came Here Legally, But Overstayed

Published on Thu, Jul 29, 2010

While most illegal immigrants live and work under the radar in Georgia, they have created an indelible economic footprint here, according to a number of experts:

● They account for about $9.4 billion in a state economy of roughly $320 billion.

● They contribute between $215 million and $253 million to state coffers in the form of sales, income and property taxes.

● They account for 6.3 percent of Georgia’s work force, but in some industries they are the lion’s share of workers. Experts estimate that 40 percent to 50 percent of the workers in agriculture — the state’s largest industry — are illegal.

Published in the Atlanta Journal-Constitution

Return to the United States After Prevailing on a Petition for Review or Motion to Reopen

This practice advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.

Published On: Friday, December 21, 2012 | Download File