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New Practice Advisory Regarding Notices to Appear

Released on Mon, Jun 30, 2014

The American Immigration Council, ABA Commission on Immigration and Penn State Law’s Center for Immigrants’ Rights are pleased to announce the release of the practice advisory, Notices to Appear:  Legal Challenges and Strategies.

The Notice to Appear is the charging document used by the Department of Homeland Security (DHS) to notify a noncitizen about immigration charges and a future immigration court hearing. Filing a Notice to Appear (“NTA”) with the immigration court places an individual in a removal proceeding before a judge and is a significant step in the removal process. Various officials within the three major immigration-related components of the Department of Homeland Security — Immigration and Customs Enforcement (ICE), United States Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP) — are empowered to issue NTAs, which trigger removal proceedings in immigration court. At various points after an NTA is issued, an attorney may negotiate with DHS to obtain a favorable exercise of prosecutorial discretion. DHS has discretion either to file the NTA with the court, thus going forward with removal proceedings, to drop or revise certain charges, or to cancel the NTA and thus end the removal proceedings. After the NTA is filed, DHS can exercise discretion through a joint motion asking the judge to administratively close or terminate proceedings. The decisions made by DHS about Notices to Appear are not just ministerial, but can impact the lives of noncitizens and their families in significant ways.Read more...

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Stanislaus County inmates all get immigration check

Published on Mon, Mar 08, 2010

Each time someone is booked at Stanislaus County jail facilities, the inmate's fingerprints are sent electronically to the FBI's criminal database to check the person's criminal history.

New technology will now simultaneously send those fingerprints to immigration officials trying to identify dangerous criminals who entered the country illegally.

The technology is part of a federal initiative called Secure Communities, which checks the immigration status of anyone booked at jails across the country.

 

Published in the The Modesto Bee

Immigrant groups try to steal thunder from tea party

Published on Fri, Apr 16, 2010

Immigrant-rights groups sought to tap some of the "tea party" thunder Thursday by using the anti-tax-and-spending movement's nationwide protests to argue illegal immigrants must be legalized because they are eager to pay their full taxes.

But tea partiers, rallying on the day federal income-tax returns were due, didn't buy it.

The collision between two of the big political movements in America is expected to escalate heading in to this year's midterm elections as both push the political parties from different directions.

Published in the Washington Times

The Rev. Douglas Sharp: Aliens and citizens

Published on Wed, May 12, 2010

The Rev. Douglas Sharp, Dean of the Academy, Protestants for the Common Good

I remember the day, many years ago, when I stumbled across a passage in Leviticus in the New Revised Standard Version that said: “When a stranger sojourns with you in your land, you shall not do him wrong. The stranger who sojourns with you shall be to you as the native among you, and you shall love him as yourself; for you were strangers in the land of Egypt: I am the Lord your God.”

Published in the Chicago Tribune

Op-Ed: The Facts and Fiction of Arizona's Controversial Immigration Law

Published on Tue, Jun 08, 2010

Arizona, lacking the authority to deport anyone, will enforce jail sentences laid out in its new law for, say, failing to carry one's immigration authorization documents or soliciting day work by the side of the road, said Mary Giovagnoli, director of the Immigration Policy Center, a pro-immigrants' rights group. While the federal system is far from perfect (thousands of people are locked up in federal detention centers indefinitely awaiting deportation decisions), the addition of new immigration crimes at the state level with jail time attached isn't the answer, she added.

Published in the York Dispatch

Montana Spends Millions on Illegal Immigrants

Published on Wed, Jul 21, 2010

Wendy Sefsaf, communications director for the Immigration Policy Center (IPC), said the FAIR report only examines one side of the issue.

“What they never do is contrast it with contributions,” Sefsaf said of the FAIR analysis. “They always look at fiscal costs and we try to bring in benefits to balance it out.”

A fact sheet released by the IPC, a non-partisan research and policy center also headquartered in Washington, D.C. says illegal immigrants provide millions of dollars in productivity for the Montana economy.

“If all unauthorized immigrants were removed from Montana, the state would lose $96.3 million in economic activity, $42.8 million in gross state product, and approximately 720 jobs, even accounting for adequate market adjustment time, according to a report by the Perryman Group,” the fact sheet states.

Published in the Big Sky Business Journal

Special Immigrant Religious Workers

This practice advisory addresses the term “religious occupation,” as it is used with respect to certain categories of religious workers. It also addresses federal courts cases overturning AAO decisions that erroneously imposed heightened requirements for “religious occupation.”

Published On: Wednesday, September 29, 2004 | 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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Keep citizenship a right of birth

Published on Fri, Aug 06, 2010

Amid the illegal immigration debate is talk of overtunring the 14th Amendment, which grants citizenship to most children born here, regardless of their parents’ status. The American Immigration Council offers a host of essays against the proposal.

Published in the Albany Times Union

Requesting Attorneys' Fees Under the Equal Access to Justice Act

Litigants who are successful in their federal court cases against the government may be able to recover attorneys’ fees and costs under the Equal Access to Justice Act (EAJA).  The American Immigration Council and National Immigration Project have reissued their practice advisory on EAJA.  The advisory discusses the statutory requirements for eligibility and other procedural and substantive aspects of filing an EAJA fee application.

Published On: Tuesday, June 17, 2014 | Download File