An en banc panel of the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they turned 21. In accordance with arguments made in an amicus brief submitted by the Legal Action Center and the National Immigrant Justice Center, the court held that Congress specifically remedied this problem in the Child Status Protection Act (CSPA) of 2002, by allowing children who were listed on their parents’ visa petitions, but who turned 21 before a visa became available, to retain the earlier filing date of their parents’ visa petitions when new visa petitions are filed for them as adults. As the court explained, “This ensures that visas are available quickly, rather than requiring the now-adult aliens to wait many more years in a new visa line.”
The court’s ruling overturned a precedent decision of the Board of Immigration Appeals, Matter of Wang, 25 I. & N. Dec. 28 (BIA 2009), which interpreted the law as benefiting only one visa category of “aged-out” children.
The court issued its decision in two cases, one of which is a national class action. The petitioners in the two cases were represented by Reeves and Associates and the Law Offices of Carl Shusterman.
Day Four of Senate Mark-Up Will Address New Legalization Program
Released on Mon, May 20, 2013
Washington D.C. - Today, the Senate Judiciary Committee continues mark-up of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. The Committee is expected to complete work on Title Three and then begin considering amendments related to the legalization component of Title Two.
Creating a pathway to citizenship is one of the fundamental principles of S. 744, but many of the amendments offered in Committee appear designed to weaken the bipartisan program put forth in the bill by limiting eligibility, creating more hoops to jump through, and undermining procedural safeguards. The Senate Judiciary Committee should evaluate such proposals by asking what is necessary to achieve a workable plan for legalization of 11 million people—one that ensures the program has integrity, but that is also designed to succeed. The Gang of 8’s proposal is not perfect, but it was crafted with this goal in mind.
Amendments that would deter many of the 11 million undocumented immigrants from applying for or remaining in the program, or that would make it a bureaucratic nightmare to implement, must be avoided. Instead, if we wish to ensure that we are not repeating the mistakes of the past, we must strive for a generous and fair program that recognizes the contributions already being made by undocumented immigrants to this country.
In order to create a successful legalization program, Senators should keep in mind the following principles when considering the amendments offered under Title Two:Read more...
The politics of division is the theme for a vocal minority who continue to spread lies and hate instead of offering real solutions for our broken immigration system. But reality and facts tell a different story.
Last week, the American Immigration Council and Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protected Status (TPS) are eligible to apply for lawful permanent residence (i.e., adjustment of status), even if they originally entered the United States without being admitted or paroled. This is because the grant of TPS qualifies a noncitizen as having been “admitted” to the United States—one of the requirements for adjustment of status. In 2013, the Sixth Circuit found that the grant of TPS permits a person who initially entered without being admitted to become a lawful permanent resident, and amici urge the District Court for the Western District of Washington to reach the same result.
The case is Ramirez v. Dougherty, No. 13-1236-TSZ (W.D. Wash. amicus brief filed March 6, 2014).
"What is clear, however, is that the United States cannot fully rebuild a strong, robust economy on top of a broken immigration system," said Wendy Sefsaf of the Immigration Policy Center in Washington, D.C.
On March 21, over 200,000 people converged on Washington D.C. to demand comprehensive immigration reform in 2010. Asian Pacific Americans participated, including national Asian Pacific American civil rights organizations and Seattle’s Thao Tran, Many Uch and Cathy Pham.
On April 10, Saturday at noon, in Occidental Park in Seattle’s Pioneer Square, the Washington Immigration Reform Coalition of over 50 organizations, including the Asian Pacific Islander Coalition of Washington, will host a comprehensive immigration reform rally in Seattle. This rally will be one of the largest and most multicultural of rallies being held on the National Day of Action. Rally organizers expect at least 5,000 to come from throughout the state, and 1,000 Asian Pacific Americans to attend.
Now that Arizona has enacted the most xenophobic anti-immigration law in this country, get ready for the big Hispanic exodus.
But it won’t be an exodus back to Mexico or to Central America. It will be a stampede toward Miami, Los Angeles, Chicago and other cities with huge Hispanic populations, where Latinos will be able to live without fear of being stopped by police because of the color of their skin or for speaking Spanish.
According to a bill passed by the Arizona legislature and signed into law Friday, police officers would have to arrest anyone when they have “reasonable suspicion” that the person does not have valid immigration papers. And it would allow anyone to sue local or state officials who they believe aren’t carrying out the law.
He cites a report out early this year by the left-leaning Center for American Progress and the American Immigration Council. It concluded that if illegal immigrants were granted legal status, their wages would go up, as would their earning power, meaning increased tax revenues of $4.5 billion to $5.4 billion in the first three years.
“There is a concern that police officers working in areas that have secure communities in their local jails may have an incentive, or at least the ability, to make arrests based on race or ethnicity, or to make pretextual arrests of persons they suspect to be in violation of immigration laws, in order to have them run through immigration databases once they are jailed,” according to a 2009 by the Immigration Policy Center on the Secure Communities program and a similar effort, the Criminal Alien Program.