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Excerpts from Artesia Declarations

Highlights from Declarations and Links to PDF's are below:

 

When [my client] discussed her fear of gangs in El Salvador, the asylum officer seemed impatient and began to rush through the interview.

Every woman I met was forced to care for her children and discuss her case simultaneously.… Mothers were forced to recount very traumatic and upsetting details of rape, violence and kidnapping in the presence of their young children. Women were forced to attend court hearings in front of immigration judges with their children running around the room.

Each and every applicant that I met with or represented during an official proceeding with an Immigration Judge or asylum officer had a child or children with them at the time, often in their laps. Many of the children were sick, and the mothers were often required to recount gruesome acts of violence, sometimes rape, while holding or trying to care for their children. There was no one to care for the children or any place that they could be left while these proceedings were taking place.

In every case I reviewed where the detainee requested to speak with an attorney, the asylum officer merely asked, "Do you want to continue or not?" In none of the interview summaries I reviewed did the asylum officer state that the person could postpone the interview in order to obtain legal representation.Read more...

A Conversation with Magdalini Fliska

March, 2011

Congratulations to Magdalini Fliska, our Exchange Visitor of the Month! Magdalini came here from Greece to study chocolate making at Barry Callebaut USA in New Jersey. I recently sat down with Magdalini to chat about her exchange experience so far.

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Mary Giovagnoli on the DREAM Act

Published on Thu, Aug 04, 2011

Mary Giovagnoli on the DREAM Act:

Published in the Explore Homeland

Court Finds Parent's Residence and Status is Not Imputed to Child for Cancellation of Removal

Holder v. Martinez Gutierrez, 566 U.S. ___, 132 S. Ct. 2011 (2012)

The Supreme Court unanimously affirmed a Board of Immigration Appeals (“BIA”) decision barring lawful permanent resident (“LPR”) children seeking cancellation of removal from using their parents’ years of U.S. residence or LPR status to satisfy the seven-year continuous residency or five-year LPR status requirements under INA § 240A(a). In so doing, the Court reversed the Ninth Circuit, see Mercado-Zazueta v. Holder, 580 F.3d 1102 (9th Cir. 2009).

The Supreme Court held that the BIA’s construction of the cancellation of removal statute was permissible under Chevron. Justice Kagan, writing for the Court, began the analysis by noting that the statute’s plain text did not mandate imputation. The Court then went on to reject arguments that (1) the legislative history demonstrates that Congress intended a parent’s residency and status to be imputed to a child for purposes of cancellation of removal and (2) the statute’s goals of family unity demand imputation.

The Court also explained that the regulation is not arbitrary and capricious despite the BIA’s acceptance of imputation in other contexts. The Court found that the BIA consistently “imputes matters involving an alien’s [subjective] state of mind, while declining to impute objective conditions or characteristics” such as duration of residence.

Dream Act California: What Gov. Brown's Bill Means for Students, Taxpayers

Published on Sun, Oct 09, 2011

California Governor Jerry Brown announced Saturday that he has signed the second half of California's Dream Act legislative package, which will begin in 2013. But what is the Dream Act, and what impact will it have on the California?

...

Each year, about 25,000 undocumented students graduate from high school in California. Many of these students came to America when they were very young, before they had any say in their education or choices. As such, many legislators feel this bill gives them an opportunity both to become Americans and fulfill the American dream.

"After having invested 12 years in the high school education of these young men and women, who are here through no fault of their own," Assemblyman Gil Cedillo (D- Los Angeles) said Saturday, "it's the smartest thing for us to do to permit these students to get scholarships and be treated like every other student."

Many undocumented students are not able to attend college without financial assistance. Almost 40% of undocumented students families' live below the federal poverty line, compared to 17% percent for native-born families, according to the Immigration Policy Center.

Approximately 2,500 students are expected to apply under the program thus far.

...

Published in the International Business Times

About the Immigration Policy Center

The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC, formed in 2003 is a non-partisan organization that neither supports nor opposes any political party or candidate for office.

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Contact Us

Immigration Policy Center
American Immigration Council
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Washington, DC 20005-3141
Tel.: 202-507-7500
Fax: 202-742-5619
info@immigrationpolicy.org

Quick Fact: Unauthorized immigrants 5.2% of the workforce

At last count, unauthorized immigrants comprised 5.2% of the U.S. workforce.

Let illegals, other noncitizens vote, New Haven mayor says

Published on Tue, Dec 20, 2011

NEW HAVEN, Conn. — Already known as a refuge for people from other lands, New Haven and its mayor are seeking to extend voting rights to illegal immigrants and other noncitizens.

Mayor John DeStefano, a Democrat, introduced four years ago a first-of-its-kind program to give noncitizens, legal or not, city resident cards. Despite crackdowns elsewhere, he has forged ahead with proposals that he says encourage differences.

“We’re a place of differences,” he said. “We’re a place that sees a strength and places a value on welcoming folks from all over.”

Dozens of American cities including New York, San Francisco and Cambridge, Mass., take a hands-off approach to pursuing illegal immigrants. While advocates say they are distancing themselves from a broken immigration system, critics accuse them of flouting federal law as “sanctuary cities.”

Presidential hopeful Newt Gingrich has vowed to cut off federal funding for such cities. Texas Gov. Rick Perry pushed a bill this year that would have prohibited cities from acting as “sanctuaries” for illegal immigrants and get local law enforcement more involved in immigration enforcement. Mitt Romney has said he opposed sanctuary cities as Massachusetts governor and, as president, he would “find the right approach” to ending them if legally possible.

President Obama has resisted calls from some Republicans to crack down on sanctuary cities. As a Democratic candidate in 2007, he said the U.S. government should address the issue by providing a rational immigration system, not by withdrawing funds from such cities.Read more...

Published in the Washington Times

American Immigration Council Store

All proceeds from the purchase of books go to the American Immigration Council and its educational initiatives. Scroll down to check out our inventory of signed copies of immigration related books.

Price: $20

 

Davy Brown Discovers His Roots

By Keely Alexander and Velani Mynhardt

The American Immigration Council partnered with authors Velani Mynhardt Witthöft and Keely Alexander of Keely Velani LLC and created Davy Brown Discovers His Roots. The colorfully illustrated book tells the story of a young boy and his friends as they discover that everybody has an immigration story, whether their families arrived today or generations ago. The story, which is aimed toward 7-12 year olds, is a great way to introduce the concept of the many ways people come to the United States permanently and temporarily. It is a perfect conversation starter for a family discovering their roots or for a classroom teacher starting a unit on immigration.

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