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The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.

Published On: Saturday, August 1, 2009 | Download File

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

Mandamus Litigation Addressing DOL Delays

This Practice Advisory provides basic information about mandamus actions and suggests strategies and practice tips for bringing a mandamus action against the Department of Labor (DOL).

Published On: Thursday, August 18, 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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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

Child Status Protection Act

The Child Status Protection Act (CSPA), Pub. L. No. 107-208 (Aug. 6, 2002), provides relief to children who “age-out” as a result of delays by the U.S. Citizenship and Immigration Services (USCIS) in processing visa petitions and asylum and refugee applications. A child “ages-out” when he or she turns 21 and loses the preferential immigration treatment provided to children. The primary benefit of the CSPA is an age preservation formula for calculating the age of a beneficiary of preference visa petition. This formula allows some beneficiaries to preserve their age as under 21 even if, chronologically, they are over 21. In this way, a child can remain a beneficiary on a pending visa petition despite having aged-out. In its CSPA litigation, the LAC has argued for a broad interpretation of the act, consistent with its ameliorative purpose.

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Meaning of INA § 203(h)(1)

One requirement of the age-preservation formula of the CSPA is that the beneficiary must have “sought to acquire” lawful permanent resident status within one year of the visa becoming available. The LAC argues for a broad interpretation of “sought to acquire,” and that the term should not be limited to filing adjustment of status or consular processing forms. Read 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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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

Access to Counsel Before DHS

 

The American Immigration Council has long advocated for the right to counsel in immigration settings. In addition to advocating for legal representation in immigration courts, the Council recognizes the importance of counsel to immigrants appearing before the Department of Homeland Security (DHS). Yet the thousands of immigrants who are required to appear at DHS immigration examinations or proceedings every year often face barriers to accessing counsel. Although federal law clearly provides a right to legal representation in many proceedings before DHS, that right is often unrecognized, restricted, or denied.

The Council has worked towards greater access to counsel before DHS and increased transparency in DHS’s access to counsel policies through administrative advocacy and FOIA litigation.

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FOIA Suits Seeking DHS Access to Counsel Records

The Council has filed three lawsuits against DHS to compel the release of records relating to noncitizens’ access to counsel before USCIS, CBP, and ICE. The Council initially pursued disclosure of these records through FOIA requests filed in March 2011.

Dorsey & Whitney LLP is co-counsel with the Council on these FOIA cases.

Suit Against ICE

American Immigration Council v.DHS and ICE, No. 1:12-cv-00856-JEB (D.D.C. filed May 31, 2012)Read more...

The First American Settlers and the First Thanksgiving

Learn and discuss the myths and facts surrounding the first Thanksgiving and the first immigrants by engaging students in a thought-provoking and humorous read-aloud that challenges them to identify dominant and resistant readings of this national holiday.

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

Year Released: 2014

3-5

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