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Year Released: 2012

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14th Amendment outlines just what framers meant

Published on Mon, Jan 17, 2011

Problem is, you did exist. And, thankfully, researchers have gone back to the original records. The D.C.-based Immigration Policy Center, in particular, has done a marvelous job of digging deeper.

Their scholars have reconstructed 1866 debates in which concerns were raised about the nation being overrun by births from people clearly viewed then as less equal: gypsies in Pennsylvania and Chinese immigrants. Senators also discussed birthright citizenship in context of native tribal sovereignty.

Published in the Kansas City Star

Litigation Clearinghouse Newsletter Vol. 3, No. 3

This issue covers the Supreme Court's decision to hear an asylum case involving the persecutor bar, attorneys' fees in naturalization delay suits, pending circuit court cases addressing whether anti-immigration state and local laws are preempted by federal law, and a recent decision regarding evidence that the BIA did not mail a decision.

Published On: Thursday, March 20, 2008 | Download File

Why Arizona is Retreating on its Immigration Law

Published on Sat, Mar 19, 2011

In a stunning turnaround, Arizona Republicans killed 5 of the state's notorious immigration bills. Terry Greene Sterling obtains a report showing deportations pummeling the local economy.

In a surprise St. Patrick’s Day coup, conservative Republican senators in Arizona slapped down five harsh immigration bills that aimed to deny state birth certificates to babies born to unauthorized immigrants, turn school teachers and hospital workers into immigration enforcers, prohibit undocumented immigrants from attending college, and criminalize them for driving.

Article - Sterling Immigration Retreat A protest outside the Arizona capitol building on March 17 as the state senate debated the latest immigration bills. (Credit: AP Photo) The roundly defeated measures signal that Arizona is ticking slightly towards the right-center. And, like many states that have rejected immigration measures this year, is beginning to recognize that immigration-crackdown laws can derail already fragile economic recoveries.

An embargoed report obtained by The Daily Beast details how deporting all of Arizona’s unauthorized immigrants would spell disaster for the already stressed economy. Not only would 17 percent of jobs vanish statewide, the liberal Center for American Progress and the Immigration Policy Center say, but ousting all of Arizona’s undocumented migrants could “shrink the state economy by $48.8 billion.”

Even so, ridding Arizona of its 400,000 or so “illegals” has long been the stated goal of Russell Pearce, the temperamental Tea Partier with a reputation for bullying who ascended to the presidency of the state senate after sponsoring SB 1070, Arizona’s notorious immigration law that makes it a crime for unauthorized migrants to set foot in the Grand Canyon State. (Parts of the law have been temporarily stayed by a federal judge.)Read more...

Published in the Daily Beast

Litigation Clearinghouse Newsletter Vol. 1, No. 8

This issue covers Supreme Court Review of an Aggravated Felony Case, Jurisdiction over Natz Delays Actions, and LGBT and HIV Based Asylum Claims.

Published On: Tuesday, April 4, 2006 | Download File

Arizona Border Fence: In Effort to Attract Internet Donors, State Senator Russell Pearce Spews False Immigrant Crime Statistics

Published on Sat, Apr 09, 2011

Annnd... Arizona's anti-immigration campaign hurtles still further into red-state ridiculousness.

This morning, Governor Jan Brewer announced her latest, greatest battle plan in the war against illegal border-crossers: collect Internet donations to build a massive fence across the Arizona-Mexico line. (And what'll donors get in return? Why, an "I Helped Build the Arizona Wall" keepsake T-shirt, of course!)

In support, State Senator Russell Pearce squeezed in a few words of pro-fence propaganda on L.A.'s KNX news radio this morning. Here's the pile of steaming misinformation he dumped from his politickin' piehole:

Pearce claimed that illegal immigrants commit 2.5 times more violent crime than any other demographic.

He also used a Sin City analogy as a fear tactic to garner out-of-state support ("Unlike Vegas, what goes into Arizona doesn't stay in Arizona") and called the immigrant influx from Mexico an "invasion," but we'll let all that slide in the interest of clearing up this crime thing once and for all.

In response to Pearce's theory, we can almost see Wendy Sefsaf of the Immigration Policy Center roll her eyes over the phone.

She recommends we speak to the Department of Homeland Security about the fence idea (which, amusingly, cites prisoners as the perfect candidates for erecting the thing), but guesses it's "unprecedented, and probably illegal" for a state to evade federal strategy and take something so controversial into its own hands.

A Homeland Security rep will only say, "My apologies, DHS does not comment on state legislation." Ironically, President Obama is headed to the South tomorrow to push a more progressive (read: fenceless) U.S. immigration policy.

But as for the violent-crime statistic: The Immigration Policy Center released a March 2008 report that showed just the opposite, and Sefsaf says the trend has stayed consistent. An excerpt:Read more...

Published in the LA Weekly

IJ's Jurisdiction to Apply INA § 204(j)

ARCHIVED ISSUE PAGE (LAST UPDATED JANUARY 2010)

In Matter of Perez Vargas, 23 I&N Dec. 829 (BIA 2005), the BIA held that immigration judges lack jurisdiction to determine whether an approved I-140 remains valid under INA § 204(j). Section 204(j) provides that, for purposes of an adjustment application that has been pending for more than 180 days, an approved I-140 visa petition remains valid even if the adjustment applicant changes jobs, so long as the new job is in the same or similar occupational classification. Several courts of appeals rejected the BIA’s holding, and in January 2010, the BIA reversed itself in Matter of Neto, 25 I&N Dec. 169 (BIA 2010).

Latest Developments|Additional Resources

Latest Developments

BIA Overturns Matter of Perez-VargasRead more...