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LGBT Families: DOMA, Dorman, and Immigration Strategies

This Practice Advisory provides ideas for attorneys representing noncitizens in removal proceedings whose cases are affected by DOMA.

Published On: Monday, June 13, 2011 | Download File

Grandfather's Journey by Allen Say

Grandfather's Journey explores themes of cross cultural experience as well as intergenerational relationships and family history. The award-winning illustrations convey Say's love of family, as well as his love of place. Through a series of reading, writing and reflection activities, students will explore this cross cultural theme and develop a deeper understanding of why immigrants come to the United States.

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Democrats Reach Out to Hispanics on Immigration Bill

Published on Thu, Sep 16, 2010

Latinos are now one-quarter of Nevada’s population and nearly 12 percent of voters, according to the Immigration Policy Center, a research group in Washington. Their strong turnout in 2008 swung the state for Mr. Obama. While Ms. Angle has not focused on Latinos, Senator Reid has been running Spanish-language ads and attending rallies, declaring his commitment to the immigration overhaul.

Published in the New York Times

Ineffective Assistance of Counsel

Noncitizens facing removal must have a meaningful opportunity to present their cases to an immigration judge.  On occasion, noncitizens are deprived of this opportunity due to their lawyers’ incompetence or mistake.  Although the government has recognized the need for a remedy for ineffective assistance of counsel, see Matter of Lozada, the framework currently used to evaluate whether ineffective assistance has occurred is severely flawed. The LAC has long worked to protect the right to effective assistance of counsel for noncitizens in removal proceedings.

CASES | ADVOCACY

CASES

Matter of Compean, 24 I&N Dec. 710 (A.G. 2009), vacated by 25 I&N Dec. 1 (A.G. 2009)

On January 7, 2009, the Attorney General issued the first Matter of Compean decision, which reversed decades of precedent securing the right to effective assistance of counsel.  Subsequently, the LAC (joined by numerous organizations and individuals) urged the Attorney General to reconsider the case. On June 3, 2009, the Attorney General issued the second Compean decision, vacating the prior decision.  The June 3 decision directs the immigration judges and BIA to apply pre-Compean standards to motions to reopen based on ineffective assistance of counsel.  It also directs EOIR to initiate a rulemaking procedure to evaluate the Lozada framework and to determine what modifications should be proposed for public consideration.  To date, EOIR has not published a proposed rule for comment.


LAC Amicus Brief, filed October 6, 2008Read more...

Library of Congress

Presentations and activities offer media-rich historical context or interactive opportunities for exploration for teachers and students alike

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State Representative Launches ‘Anchor Baby’ Task Force

Published on Tue, Oct 19, 2010

Wendy Sefsaf, communications director for the American Immigration Council, said there is no proof illegal immigrants come here to have children, only anecdotal stories in articles and newspapers.

“There’s no absolute proof someone would come here and have a baby,” said Ms. Sefsaf. “That baby couldn’t do anything for you until it’s 21 years old, and then sponsor you for permanent residence which could take 10 to 20 years. It’s an imagined problem.”

Ms. Sefsaf also questioned Mr. Metcalfe’s claim the 14th Amendment is being “misapplied” because the original debates around the amendment talked about both rights for African-Americans and for Chinese immigrants.

“It was very purposely passed and set up to take into account both African-Americans and immigrants,” she said. “It’s being applied exactly as it was intended.”

She said illegal immigrants primarily come to the United States for economic reasons, not to have children here.

“It’s almost invariably for economic reasons. We do have a broken immigration system, and we do need to address it comprehensively and fix it, but these patchwork solutions don’t get us anywhere near where we need to be to fix the system,” said Ms. Sefsaf.

Published in the Pennsylvania Independent

American Immigration Council v. ICE

Entire Document Production, August 13, 2012

Key Documents:

Pages 430 – 432, Pages 805 – 816, Pages 845 – 847, Page 859, Pages 876 – 879: 2010 Letter from immigration attorney, ICE response, and ICE redacted emails regarding Miranda warnings during 287(g) jail screenings

Pages 447 – 448: Talking points on right to counsel in ICE examinations prepared for then-Acting Principal Legal Advisor Barry O’Mellin in advance of the 2009 AILA Annual Conference; addresses access to counsel during 287.3 interrogation and the right to counsel during a worksite enforcement operation

Pages 736 – 747: Office of the Principal Legal Advisor power point: Interviewing Aliens of Interest in National Security Cases, 2009

Pages 782 – 783, Pages 788 – 789, Pages 830 – 831, Page 841: ICE redacted emails regarding right to counsel in I-213 examinations, in response to a question from AILA’s ICE Liaison Committee in 2009

Pages 817 – 820: ICE redacted emails regarding lack of access to counsel for workers arrested in a February 8, 2008 ICE worksite raidRead more...

More states push for stricter immigration laws

Published on Tue, Jan 18, 2011

In explaining these somewhat contradictory findings, Wendy Sefsaf, the communications director of the American Immigration Council, said, “We have to dig beneath the surface. Americans want solutions, even if sometimes they are bad ones or not really solutions at all.”

Published in the Homeland Security Newswire

Litigation Clearinghouse Newsletter Vol. 3, No. 4

This issue covers a recently filed naturalization delay class action, a damages suit against USICE employees for violating 4th and 5th Amendment rights during home raids, and a recent decision regarding the confidentiality of asylum applications.

Published On: Monday, April 14, 2008 | Download File