The Obama administration will insist on measures to give legal status to illegal immigrants as it pushes early next year for legislation to overhaul the immigration system, Homeland Security Secretary Janet Napolitano said Friday.
Washington, DC – On Monday, November 4, U.S. District Court Judge Richard Jones ordered the final approval of a nationwide class action settlement agreement. The settlement will help ensure that asylum seekers, who have fled persecution in their home countries, are not unlawfully prevented from working and supporting their families while the government adjudicates their cases. The changes will commence on December 3, 2013.
The agreement stems from a case filed in December 2011 by the American Immigration Council and the Northwest Immigrant Rights Project (NWIRP), with co-counsel from the Seattle law firm Gibbs Houston Pauw and the Massachusetts Law Reform Institute. The complaint challenged widespread problems with the “asylum clock”—the system government agencies use to determine when immigrants who have applied for asylum may obtain permission to work lawfully in the United States.
The case, filed on behalf of asylum seekers around the country, alleged that the current system unlawfully denies asylum applicants the opportunity to obtain employment authorization if their asylum applications have been pending for six months or more. Some end up waiting several months or years for the government to make a decision on their asylum applications. Indeed, one plaintiff from China had been waiting nearly 10 years for his case to be resolved.Read more...
WASHINGTON - The head of U.S. immigration enforcement on Monday announced plans for an overhaul of the government's controversial detention system for people who face deportation.
The moves described by John T. Morton, assistant secretary of Homeland Security for U.S. Immigration and Customs Enforcement, address oversight, medical care and tracking of detainees at facilities in Arizona and across the country.
In a statement, Immigration Policy Center spokesperson Wendy Sefsaf explained the flaws in FAIR's findings. "FAIR's latest data fails to account for the property, sales, and income taxes paid by unauthorized immigrants," she said. "Nor does the data account for the consumer purchasing power of unauthorized immigrants – what they spend on goods, services, and housing – which actually creates jobs and generates additional tax revenue."
"They seem to forget that deporting workers also means deporting consumers and taxpayers," she explained.
"Migrants come here for a reason," says Michele Waslin, a senior policy analyst at the Immigration Policy Center. "They will continue to exist even if their life is made more difficult for them in the U.S. They have to weigh their lives here with their lives back home."
As of June 30, bills similar to Arizona's law had been introduced in South Carolina, Pennsylvania, Minnesota, Rhode Island and Michigan.
In the first half of the year, 44 state legislatures passed 191 laws and adopted 128 resolutions relating to immigrants and refugees, with governors vetoing five of the bills. This was a 21 percent increase in enacted laws and resolutions from the same time period in 2009.
Most of the state legislation addresses employment, law enforcement and identification.
In all of 2009 more than 1,500 bills were introduced in state legislatures related to immigration, compared to 300 in 2005.
Immigrants made up more than 12 percent of the U.S. population in 2008 and the foreign-born share of Arizona's population was 14.3 percent that year. In California, which is also on the border, foreign-born residents make up more than a quarter of the population. Latinos make up the biggest group.
The Latino share of Arizona's population was 30.1 percent in 2008. In neighboring Texas, Latinos made up 36.5 percent of the population and in California they made up 32.4 percent. In New Mexico, they represented nearly 45 percent of the population.
This Practice Advisory provides suggestions for lawyers with clients subject to the ICE’s Detention After Removal Hearing Program (DARH), outlines statutes and regulations governing the detention of respondents subject to DARH, and sets out potential legal challenges.