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Your Council Ambassador: Joyce Phipps

joyceantila@yahoo.com
Casa de Esperanza

Website:
casaesperanzanj.com
About Joyce: COMING SOON!

 

 

 

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Federal Court Upholds Immigrants' Right To Reopen Cases From Outside the U.S.

Released on Thu, Feb 03, 2011

Washington, D.C. - Today, a federal appellate court chastised the Board of Immigration Appeals (BIA) for preventing noncitizens from reopening their cases from outside the United States. This important ruling from the U.S. Court of Appeals for the Sixth Circuit repudiates the government's view that immigration judges and the BIA lack "jurisdiction" over such cases.

The American Immigration Council's Legal Action Center and the National Immigration Project of the National Lawyers Guild, which filed a joint amicus brief in the case, applaud the Sixth Circuit's ruling. The Legal Action Center and National Immigration Project have coordinated litigation on this issue nationwide and call on the BIA to abandon its misguided regulation barring review of motions filed by noncitizens outside the United States.

"The Sixth Circuit recognized that the regulation deprives noncitizens of their statutory right to present new evidence in their cases. The decision corrects the government's unlawful attempt to separate families and opens the door for them to return to the United States," said attorney Trina Realmuto of the National Immigration Project. Beth Werlin of the Legal Action Center said, "A motion may be a person's only chance to present his case to the immigration judge. The government should take immediate steps to withdraw this unfair and outdated regulation rather than proceed with continued, unnecessary and costly litigation."Read more...

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Elizabeth Kennedy

Elizabeth Kennedy is a Fulbright Fellow currently working with returned child and youth migrants from Mexico and the United States in El Salvador. Her work and research focuses on the experiences and needs of child, youth and forced migrants. She has over a decade’s experience in youth programming and organizing and co-founded and directs an internship program for undergraduates to mentor detained child migrants. She received her MSc in Refugee and Forced Migration Studies from Oxford University in 2011, and since beginning her doctoral program in 2011, has published in academic and popular press. She has also provided expert testimony in Central American asylum seekers’ cases in Canada, Sweden, the United Kingdom and the United States.

LAC Issues Updated Practice Advisory on Prosecutorial Discretion Discussing June 17, 2011 Morton Memoranda

Released on Tue, Jun 28, 2011

Washington, D.C.— The American Immigration Council’s Legal Action Center (LAC) is pleased to announce the release of an updated practice advisory: Prosecutorial Discretion: How to Advocate for Your Client.

On June 17, 2011, John Morton, Director of ICE, issued two new memoranda encouraging the expanded use of prosecutorial discretion by ICE officers, agents, and attorneys in all phases of civil immigration enforcement. The first outlines in detail how ICE employees should approach a wide range of opportunities to apply prosecutorial discretion in line with ICE enforcement priorities; the second describes specific protections for certain crime victims, witnesses, and plaintiffs.

This practice advisory discusses these memoranda in detail. It also explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. In addition, the advisory suggests ways that attorneys can advocate for the favorable exercise of prosecutorial discretion by DHS officers, whether from ICE, USCIS or CBP.

For a complete list of all LAC Practice Advisories, please visit our website.

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Conrad And Baucus Appease Joe Wilson

Published on Thu, Sep 10, 2009

Most right-wingers and health care reform haters have at least conceded that there's language in the House health care bill that explicitly excludes undocumented immigrants, but none of them are willing to swallow their pride and admit that Rep. Joe Wilson’s (R-SC) blow-up was also factually incorrect. Republicans incessantly continue citing "loopholes" that they suggest actually do render President Obama a liar, or at the very least, misinformed.

Published in the Wonkroom

DOJ Report Slams Sherriff Joe Arpaio and DHS Restricts 287(g) and Secure Communities Programs

Released on Thu, Dec 15, 2011

Washington D.C. - After a three-year investigation into the abusive practices of Sherriff Joe Arpaio’s Maricopa County Sherriff’s Office (MCSO), the Department of Justice (DOJ) announced today that it had found a pattern and practice of civil rights abuses, including extreme cases of racial profiling. The enormity of the violations, the majority of which were experienced by immigrants and Latinos, has led the Department of Homeland Security (DHS) to suspend its cooperation agreement (under section 287(g)) with the sheriff’s office and restrict the MCSO’s access to immigration databases through the Secure Communities program. 

The dual announcements from DOJ and DHS reinforce what many in Arizona and the broader immigration community have long argued: the practice of allowing local law enforcement to enforce federal immigration law increases the likelihood of racial profiling and pretextual arrests which leads to disastrous results for entire communities.

The DOJ’s Assistant Attorney General for the Civil Rights Division Thomas E. Perez commented on the investigation noting “MCSO’s systematic disregard for basic constitutional protections has created a wall of distrust between the sheriff’s office and large segments of the community, which dramatically compromises the ability to protect and serve the people. The problems are deeply rooted in MCSO’s culture, and are compounded by MCSO’s penchant for retaliation against individuals who speak out.”  Read more...

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Immigrants are vital to recovery

Published on Sun, Aug 16, 2009

As Pennsylvania grapples with a budget deficit brought on by the current recession, state and local policy makers would do well to keep in mind that immigrant communities are a potent force for economic recovery.

Published in the Philadelphia Inquirer

Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

Released on Wed, Oct 17, 2012

LAC Practice Advisory on Employment Authorization and Asylum:
Strategies to Avoid Stopping the Asylum Clock

 

Washington, D.C.—The Legal Action Center (LAC) released an updated practice advisory, Employment Authorization And Asylum: Strategies To Avoid Stopping The Asylum Clock.  This practice advisory provides an overview of the work authorization process for asylum applicants, addresses the operation of the “asylum clock,” which is used to track the 180-day waiting period during which an applicant cannot apply for work authorization, and discusses possible solutions to several common asylum clock problems.  The practice advisory also discusses the policies and practices the LAC and co-counsel are challenging in a class action filed on behalf of asylum applicants harmed by the asylum clock process. 

For additional resources related to the LAC’s work on employment authorization for asylum applicants, including information about the class action, visit our Asylum Clock webpage.

For a complete list of all LAC practice advisories, please visit the LAC’s website.

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For more information contact clearinghouse@immcouncil.org.

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Poll: Mexicans More Likely to Come to U.S. if Granted Amnesty

Published on Wed, Oct 14, 2009

The polling wars on immigration reform have officially begun. Today, the Center for Immigration Studies, which aims to restrict immigration to the United States and deport those who are here illegally, sent around the findings of a recent Zogby poll which finds that — surprise! — a majority of Mexicans say they think their friends and family would be more likely to come to the United States if the U.S. granted them permanent legal status. Never mind that no U.S. lawmaker is actually proposing to do that.

Published in the The Washington Independent

LAC Releases Updated Practice Advisories on the CSPA and the APA

Released on Fri, Jun 21, 2013

For Immediate Release


LAC Releases Updated Practice Advisories on the Child Status Protection Act and
the Administrative Procedure Act

The Child Status Protection Act.  The CSPA was enacted to provide relief to children who “age-out” as a result of both visa backlogs and delays by USCIS in processing visa petitions and asylum and refugee applications. This practice advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.Read more...

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