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LAC Issues New Practice Advisory on Motions to Suppress Evidence Unlawfully Obtained by CBP

Released on Wed, Nov 13, 2013

The American Immigration Council’s Legal Action Center (LAC) has just released a new practice advisory, Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection.

Since 9/11, Congressional appropriations for border security have skyrocketed.  This influx of resources to U.S. Customs and Border Protection (CBP) has corresponded with increased reports of pretextual arrests, racial profiling, excessive use of force, and coercive tactics to aid immigration enforcement along both borders.  Although these enforcement practices often violate the constitutional, statutory or regulatory framework governing the conduct of CBP officers, they are rarely challenged in immigration court. 

The LAC’s new practice advisory discusses some of the factual scenarios that may give rise to successful motions to suppress evidence obtained unlawfully by CBP officers, including CBP inspectors stationed at ports of entry and Border Patrol agents, who operate between ports of entry.  It also addresses some of the legal issues specific to motions to suppress evidence obtained at and near the border.  If successful, a motion to suppress can prevent the government from using unlawfully obtained evidence to prove alienage, which may result in the termination of removal proceedings. Read more...

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Program that IDs jailed illegal immigrants sought for deportation gets high marks

Published on Mon, Feb 22, 2010

For nearly a year, Fairfax County's Adult Detention Center has quietly helped pilot a far-reaching program designed to identify criminal illegal immigrants and assist the federal government in removing them from the United States.

For nearly a year, Fairfax County's Adult Detention Center has quietly helped pilot a far-reaching program designed to identify criminal illegal immigrants and assist the federal government in removing them from the United States.

Published in the Washington Post

Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

Released on Tue, Feb 17, 2015

Washington D.C. - Late last night, a Texas judge issued a preliminary injunction that temporarily blocks the implementation of President Obama’s new deferred action initiatives. These initiatives, announced last November, came in response to more than 10 years of political stalemates and failure by Congress to address America’s broken immigration system and alleviate the pain endured by millions of families around the country. The President’s announced initiatives will provide temporary relief from deportation to approximately 5 million undocumented immigrants currently living in the United States. 

The new deferred action initiatives, which include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA), are based on the well-established authority of Presidents and other executive branch officers to allocate and prioritize finite enforcement resources. This practice is used by prosecutors and other law enforcement personnel on daily basis. The judge’s order, issued just two days before the government was set to begin the DACA expansion, bars federal immigration officials from implementing “any and all aspects” of the new deferred action initiatives.

The following is a statement by Melissa Crow, Legal Director at the American Immigration Council:

“Today’s decision is only the first round in what will clearly be a much longer legal battle. Already, the White House has promised that the Justice Department will appeal the judge’s decision, and we urge them to do so in an expedited manner. We expect higher courts to overturn the judge’s decision based on well-established precedent.Read more...

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Migrant filing of taxes up, Illegal immigrants can file returns with ITINs

Published on Sat, Apr 10, 2010

Alondra Velasco is part of the underground economy, but she's a legitimate taxpayer in the eyes of Uncle Sam.

The 22-year-old Rialto resident works at a Mexican restaurant. She gets paid in cash because she's in the country illegally and doesn't have a Social Security number.

Like millions of Americans, Velasco will file a tax return this year, reporting her income and earnings to the Internal Revenue Service.

Published in the Contra Costa Times

US immigration: Flagged up

Published on Sun, May 02, 2010

Brandon Hernandez is a typical American teenage boy. Clad in sneakers and baggy sweatshirt, the ninth-grade student is standing outside Central High School in Phoenix with a friend, flirting in vain with groups of girls passing by.

School has finished for the day and Brandon, who was born in Arizona to Hispanic parents, should be looking forward to the weekend. But the 14-year-old is worried: the state’s new immigration law could make him a target of police searching for illegal immigrants, he says.

Published in the The Financial Times

Calling All 5th Graders


Join the National Creative Writing Contest to explore America as a nation of immigrants and win prizes!

Is immigration enforcement a waste of money?

Published on Wed, May 26, 2010

The United States has spent billions to try to stop illegal immigration over two decades, yet the population of unauthorized foreign residents has grown dramatically.

Those who back other ways to deal with the problem raised this point on Wednesday while President Obama and Congress prepare to send additional personnel to the borders and spend millions more for detention, technology and enforcement.

“All of this attention on resources for the border ignores the fact that border enforcement alone is not going to resolve the underlying problems with our broken immigration system,” says the Immigration Policy Center, an advocacy group that favors comprehensive reform.

Published in the Sun Sentinel

Mandamus Actions: Avoiding Dismissal and Proving the Case

This Practice Advisory provides basic information about filing an immigration-related mandamus action in federal district court. It discusses the required elements of a successful mandamus action as well as jurisdictional concerns that may arise.

Published On: Thursday, August 6, 2009 | Download File

Wagner-Rogers Bill Debate

The Wagner-Rogers Bill - Debate lesson allows students to develop and hear the arguments for and against the Wagner-Rogers bill by taking part in a mock Congressional debate on the bill. Students are encouraged to develop and listen to persuasive testimony and speeches, and to come up with creative strategies to change the legislation in ways in which it might be more acceptable.

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Immigrant Cycle Familiar To United States

Published on Sat, Jul 03, 2010

"When we look at history, you see that immigration goes up in times of economic prosperity and down when the economy is not doing so well," said Michele Waslin, senior policy analyst with the Washington, D.C.-based Immigration Policy Center. The influx spurred opposition from many citizens, who said Irish immigrants were taking Americans' jobs and opposed the immigrants' religion. Politicians demanded laws to make it harder for foreigners to become U.S. citizens.

In 1875, the U.S. passed its first restrictive immigration law. It prevented prostitutes and convicts from entering the country.

"Throughout history, it is the laws that really define who is legal and who is illegal," Waslin said. "At different parts of U.S. history, different groups have been illegal depending on what law there was at the time."

Published in the Arizona Republic