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Fair Procedures in Immigration Court

For far too long, immigration courts have failed to provide a fair, efficient and effective system of justice for noncitizens in this country. Through advocacy and litigation, the LAC has urged the adoption of laws and policies intended to ensure all noncitizens a meaningful opportunity to be heard. The LAC also has issued a number of practice advisories regarding immigration court and Board of Immigration Appeals procedures.

CASES | ADVOCACY | RESOURCES

CASES

Timeliness of BIA Appeal

Liadov v. Mukasey, No. 06-3522 (8th Cir. amicus brief filed Dec. 13, 2006) (arguing that the Board has authority to consider late-filed appeal in unique circumstances and that failure of a guaranteed overnight delivery service to deliver appeal on time constitutes such a “unique” circumstance). In a precedent decision, Liadov v. Mukasey, 518 F.3d 1003 (8th Cir. 2008), the court denied the petition for review.

ADVOCACY

Comments to the Department of Justice/Executive Office for Immigration Review regarding the “Retrospective Regulatory Review” (submitted Nov. 27, 2012). The Council, in collaboration with AILA, urged EOIR to amend regulations pertaining to motions to reopen, stays of removal, bond hearings, telephonic and video hearings, filing and service of documents and decisions, and stipulated removal orders.Read more...

Metcalfe would deny automatic citizenship to illegals' kids born in U.S.

Published on Fri, Jan 07, 2011

"The proposal presented today is clearly unconstitutional and an embarrassing distraction from the need to reform our nation's immigration laws," said Benjamin Johnson, executive director of the nonprofit American Immigration Council. "It constitutes a vicious assault on the U.S. Constitution and flies in the face of generations of efforts to expand civil rights.

"It is an attack on innocent children born in the U.S. who would be confined to a new second-class citizenship and vulnerable to abuse and discrimination," Johnson said.

 

Published in the Pittsburgh Tribune

Litigation Clearinghouse Newsletter Vol. 3, No. 8

This issue covers class certification in two cases, one involving religious workers and the other surviving spouses; recently filed CSPA suits; the Supreme Court's decision to hear a 9/11 detainee Bivens action; and a request for lawyer declarations in a FOIA suit.

Published On: Thursday, July 10, 2008 | Download File

Colorado Latino lobby day underlines lopsided nature of immigration debate

Published on Thu, Mar 03, 2011

DENVER– When hundreds of Coloradans flocked to the capitol here Monday for the state’s fifth-annual Latino Advocacy Day, it was a rare recent instance in the state and around the country where support for policies that embrace immigration, U.S. Latino communities and the rights of undocumented residents stole the spotlight from support for policies that set deporting “illegals” and establishing border security as top priorities.

Attendees rallied on the west steps of the capitol and then fanned into lawmaker chambers to talk about the issues that matter most to them this legislative session. Top of the list was opposition to the Arizona-style immigration laws introduced this year, which have mostly failed to gain traction, and support for a bill that would offer in-state college tuition to undocumented students.

“I came here today because I know how much what goes on in this building can affect my life, my family’s life and my friends’ lives,” event speaker Cecelia Rodriguez told the Colorado Independent. “The most pressing and necessary bill we can pass is SB 126, the Colorado ASSET bill, which would make it possible for more graduating [high school] seniors in Colorado to attend colleges here.”

The ASSET bill is the work of Pueblo Democratic Senator Angela Giron, who received a hero’s welcome Monday as she moved through the capitol halls toward a committee room. The crowd cheered and Giron waved and then posed briefly for snapshots with supporters.

A young woman named Laura from Durango came to see Republican Ellen Roberts, her district representative. Laura said she came to relate her experience as an undocumented Colorado high school graduate who now attends university in New Mexico, where she and all undocumented Colorado residents can pay in-state tuition.Read more...

Published in the Colorado Independent

Litigation Clearinghouse Newsletter Vol. 1, No. 13

This issue covers recent Supreme Court decisions on reinstatement of removal and adjustment of status for arriving aliens, a court of appeal

Published On: Thursday, June 29, 2006 | Download File

Illegal immigrants pay $11 billion in taxes a year

Published on Mon, Apr 25, 2011

Unlike certain corporate powers that make billions of dollars and pay no taxes, illegal immigrants generate billions of tax dollars for state governments. allgov.com

The Institute for Taxation and Economic Policy has concluded that unauthorized immigrants paid $11.2 billion in taxes last year. This total included $1.2 billion in personal income taxes, $1.6 billion in property taxes, and $8.4 billion in sales taxes. allgov.com

The U.S. Immigration Policy Center says these figures should be kept in mind as politicians and commentators continue with the seemingly endless debate over what to do with unauthorized immigrants already living in the United States. sun-sentinel.com

The Washington-based research group says in spite of the fact that they lack legal status, these immigrants -- and their family members -- are adding value to the U.S. economy; not only as taxpayers, but as workers, consumers, and entrepreneurs." sun-sentinel.com

HIGHLIGHTS

California gets the most out of its undocumented workers, pulling in $2.7 billion in taxes from households headed by illegals in 2010. laweekly.com

Other states that gained the most revenue from illegal immigrants paying taxes were Texas ($1.6 billion), Florida ($807 million), New York ($662 million), and Illinois ($499 million). allgov.com

They were followed by Georgia ($456 million), New Jersey ($446 million) and Arizona ($433 million). allgov.com

Some undocumented workers in California say they are filing income tax returns, hoping that playing by the rules will be an eventual path to citizenship. UPI

FACTS & FIGURES

An estimated 11 to 12 million undocumented immigrants live and work in the United States. That's roughly one in every 20 workers. Reuters

The Obama administration has deported more illegal immigrants from the U.S. than ever before. NPRRead more...

Published in the Press TV

Lawsuit Filed against DHS and USCIS Seeks Transparency Promised by Obama Administration

AILA v. DHS is a FOIA lawsuit seeking the public release of records concerning agency policies and procedures for the "H-1B" visa program – a program which allows U.S. businesses to temporarily employ highly-skilled foreign workers.

AILA v. DHS is a FOIA lawsuit seeking the public release of records concerning agency policies and procedures for the "H-1B" visa program – a program which allows U.S. businesses to temporarily employ highly-skilled foreign workers. AILA had pursued disclosure of the documents through two separate Freedom of Information Act (FOIA) requests, both of which were denied in full by the government.

The suit is brought by the American Immigration Council and Steptoe & Johnson LLP.

CASE UPDATES

Proceedings in District Court

On July 20, 2010, plaintiff AILA filed a complaint in district court asking the court to order defendants to conduct a reasonable search for the records responsive to AILA’s requests; to be enjoined from continuing to withhold information relevant to the requests; to declare the requested records are not exempt from disclosure and make copies available to AILA; and to award any other relief that the court deems just and equitable.