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Litigation Clearinghouse Newsletter Vol. 1, No. 10

This issue covers IJ's jurisdiction to apply

Published On: Thursday, May 4, 2006 | Download File

State's fast-growing Hispanic community seeks greater political voice

Published on Sun, May 01, 2011

Through two recessions, the number of Hispanics in South Carolina spiked more rapidly than anywhere else in the country in a boom that’s remaking sections of the Upstate and could soon put more Latinos into public life.

Business leaders say Hispanic small business owners now make up a key economic driver and that the growth is a likely prelude to more entering politics as the population finds its voice.

All told, the 2010 census counted nearly 236,000 Hispanics in the state, a 148 percent jump from 2000 that accounts for a quarter of the state’s total growth, though that’s partly due to a more rigorous count.

The number of Hispanic children in the state increased by 192 percent, an increase that also led the nation, according to census calculations by the Pew Hispanic Center.

Greenville County has the state’s largest Hispanic population, and it has increased by 156 percent since 2000 to 36,495 or 8 percent of the total population.

Longtime Greenville entrepreneur Ruben Montalvo believes the official census numbers are still “way, way under” the actual Hispanic population, which be believes is closer to the national average of 14 percent of the total Greenville population.

Perhaps 4 percent can vote, however, and when you add the communication challenge for many Hispanics and the national debate over immigration, he said it’s “naïve” to believe the population will be fully represented politically.

The demographic is still nowhere near the size and concentration to trigger minority voting districts under federal civil rights law, but the next likely step is more Hispanics moving into public leadership, said Dean Hybl, executive director of the regional collaborative nonprofit Ten at the Top.

It’s now the interim phase, said Wifredo Leon, publisher of Latino Newspaper, in which the population size has become substantial but hasn’t yet developed politically.Read more...

Published in the Greenville News

BRAND X IN IMMIGRATION CASES

ARCHIVED ISSUE PAGE (LAST UPDATED JULY 2012)

The Supreme Court's Brand X decision allows agencies to offer an interpretation of a statute that differs from a published circuit court decision. An agency may do so, however, only where the underlying statute is ambiguous. This Litigation Issue Page provides an overview of the Supreme Court's holding and identifies circuit court immigration decisions that have applied Brand X and immigration agency decisions that have addressed Brand X.

What is Brand X?|Application of Brand X in Circuit Court Immigration Cases|Discussion of Brand X in Agency Cases and Rules|Court Remands and Brand X

What is Brand X?

Brand X is a Supreme Court decision that deals with whether the courts must defer to an agency interpretation of a statute that conflicts with a circuit court's prior interpretation of a statute. The full case name and citation is National Cable & Telecommunications Ass'n v. Brand X Internet Services, 545 U.S. 967 (2005). According to Brand X, in limited circumstances, an agency may disagree with a circuit court decision and offer a different interpretation of a statute. However, it may do so only where the statute is ambiguous. In a situation where the court of appeals' decision is based on the unambiguous reading of the statute (decided under step I of the Chevron analysis), an agency interpretation that is contrary to a prior circuit court decision will not trump the circuit decision in that circuit.Read more...

A Look Through Milan Simic’s Lens

June, 2009
Milan Simic

The Exchange Visitor Program is proud to announce Milan Simic as June’s Exchange Visitor of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American Culture. Milan is featured this month for being the winner of the EVP Photo Contest! The winning entry, Rush Hour in Times Square, is pictured above. Read more...

Criminal immigration prosecution numbers continue to rise

Published on Tue, Jul 05, 2011

The Southern and Middle Federal Judicial Districts of Florida were among the top 10 districts in the nation in the number of criminal immigration prosecutions in the first six months of fiscal year 2011.

New data from the Transactional Records Access Clearinghouse at Syracuse University shows that criminal prosecution for illegal reentry was the most commonly recorded lead charge brought by federal prosecutors — accounting for nearly half of all criminal immigration prosecutions filed.

The data shows that the Florida districts have contributed more than 420 criminal immigration prosecutions, while clearly showing that the vast majority of these cases occur in the Southwest border states.

The Transactional Records Access Clearinghouse report notes that individuals who are not criminally prosecuted may be deported administratively. It adds that the vast majority of immigration apprehensions are dealt with via administrative actions such as “removals” and “voluntary departures.”

The data shows a steady rise of criminal prosecutions for illegal reentry, a felony offense, from 2009 through 2011. According to the authors, this charge has surpassed illegal entry as the most common federal immigration prosecution charge.

Commenting on this data, the Immigration Policy Center states that comparing the prosecution for illegal reentry data with prosecution for weapons-related offenses shows that the “federal government is prioritizing immigration enforcement over potentially far more dangerous activities, such as gun smuggling.”

According to the Policy Center, the data shows that while more than 18,500 cases of illegal reentry were prosecuted, “the number of weapons prosecutions continues to decline. In the month of January 2011 there were only 484 new weapons prosecutions—the lowest level since January 2001. Weapons prosecutions are down 7.9% from this time last year, and 28.8% from 2006.”Read more...

Published in the Florida Independent

Drug Possession as an Aggravated Felony

Lopez v. Gonzales, 549 U.S. 47 (2006)Read more...

  • On January 8, 2007, the Supreme Court granted a writ of certiorari, vacated the judgment, and remanded the case to Eighth Circuit for further consideration in light of Lopez v. Gonzales. The case is Tostado-Tostado v. Carlson, No. 06-6766.

A Conversation with Michael Ziegler

September, 2011

Congratulations to Michael Ziegler, our Exchange Visitor of the Month! We caught up with Michael to learn more about his J-1 experience in the United States.
Read more...

Policy Report Reveals New Mexican Migration Patterns

Published on Thu, Sep 08, 2011

WASHINGTON, D.C. – The Immigration Policy Center released a summary of recent data on Mexican migration to and from the United States. The data reveals an emerging new reality: fewer immigrants are coming, fewer are leaving, and a majority of the unauthorized population has been here for a decade or longer.

Although this data deals with Mexican immigrants as a whole and not just the unauthorized, it is a useful indicator of what is taking place in the unauthorized population. More than half (55 percent) of Mexican immigrants in the United States are unauthorized, and roughly three-fifths (59 percent) of all unauthorized immigrants are from Mexico.

The study comes on the heels of reports from the Pew Hispanic Center and the RAND Corporation about the state of immigration today. According to the Immigration Policy Center, the new trends suggest that U.S. immigration policies must transition away from the current efforts to drive out unauthorized immigrants with deep roots in this country, and move toward a more nuanced set of policies that help immigrants who are already contributing to the economy to more fully integrate into U.S. society.

Published in the New America Media

Going to the AILA Annual Conference in San Diego?

The International Exchange Center will be running three special sessions in the Exhibit Hall on understanding the J Visa.

Practical Tips for the J Visa
June 16 (3:00 pm–3:45 pm)

Including the J-1 Client in Your Practice
June 17 (10:15 am–11:00 am)

J-1 Visa—The Advanced Class
June 18 (9:25 am–10:10 am)

For more informations on the sessions, please click here.