Skip to Content

Programs:

Legalization

"Virtual" fence ditched, GOP immigration rift?

Published on Wed, Jan 19, 2011

(While the federal government doesn’t seem likely to take up a broad discussion of immigration during this Congress, state governments continue to push their own laws. The left-leaning American Immigration Council has a guide on state immigration laws.)

Published in the Center for Investigative Reporting

Litigation Clearinghouse Newsletter Vol. 1, No. 18

This issue covers I-212 litigation, the Supreme Court

Published On: Thursday, October 12, 2006 | Download File

Southern Lawmakers Focus on Illegal Immigrants

Published on Fri, Mar 25, 2011

Some of the toughest bills in the nation aimed at illegal immigrants are making their way through legislatures in the South.

Proposed legislation in Alabama, Georgia and South Carolina, where Republicans control the legislatures and the governors’ mansions, have moved further than similar proposals in many other states, where concerns about the legality and financial impact of aggressive immigration legislation have stopped lawmakers.

Dozens of immigration-related bills showed up early in legislative sessions across the South. Some were aimed at keeping illegal immigrants from college or from marrying American citizens. Most died quickly, but three proposals designed to give police broader powers to identify and report illegal immigrants are moving forward.

The conservative political landscape, and a relatively recent and large addition of Latinos, both new immigrants and legal residents from other states, have contributed to the batch of legislation, say supporters and opponents of the proposed laws.

“The South has become a new gateway for immigrants,” said Wendy Sefsaf of the Immigration Policy Center, a research organization. “People see the culture shift, and they are a little bit freaked out.”

The Hispanic population in Alabama, for example, has increased by 144 percent since 2000, according to new census figures. In Mississippi, the numbers jumped by 106 percent, and in North Carolina by 111 percent. Over all, however, numbers remain small. Only about 4 percent of the population in Alabama is Hispanic. In South Carolina, the figure is 5 percent.

But Georgia has the seventh-largest population of illegal immigrants in the country, according to a report by the Pew Hispanic Center. There, a version of a law pioneered in Arizona would allow local police officers to inquire about the immigration status of people they suspect of committing crimes, including traffic violations.Read more...

Published in the New York Times

Adjustment of Status Under § 245(i) for Noncitizens Previously Removed (Duran Gonzalez Class Action)

This class action lawsuit challenges the Department of Homeland Security's willful refusal to follow the precedent I-212 decision of the Ninth Circuit in Perez-Gonzalez v. Ashcroft.

Duran Gonzalez is a Ninth Circuit-wide class action challenging DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). In Perez-Gonzalez, the Ninth Circuit had said that individuals who had been removed or deported may apply for adjustment of status (under INA § 245(i)) along with an accompanying I-212 waiver application. In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit overturned Perez-Gonzalez, deferring to the BIA’s holding that individuals who have previously been removed or deported are not eligible to apply for adjustment of status. See Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006). The Court subsequently said, however, that some plaintiffs may be able to establish that the new rule should not apply retroactively.

On July 22, 2014, the District Court approved the settlement agreement and issued a final judgment in the case.  The settlement involves remedies for class members who submitted adjustment of status and I-212 waiver applications on or after August 13, 2004 and on or before November 30, 2007. Read the announcement about the settlement agreement.  

CASERESOURCES

CASE

Initial Proceedings in District CourtRead more...

Jo Oyanagi Pedals Toward Success

December, 2009
Jo

Jo Oyanagi, 23, of Tokyo, Japan is a J-1 trainee at Trek Bicycle Corporation in Waterloo, Wisconsin. Jo works for Trek in Japan and is taking part in a J-1 exchange program in order to learn an American perspective on customer service and sales techniques that he will bring back to the Japanese side of the company when his training in the US is complete. Read more...

The LAC Docket | Volume II Issue 4

The Newsletter of the American Immigration Council’s Legal Action Center

October 25, 2012
Our Work | Quick Links | Donate

OUR WORK

   Access to Courts


Post-departure Litigation: Victory in Fifth Circuit, AIC File Amicus Briefs in Asylum Cases

Lari v. Holder
, No. 11-60706 (5th Cir. Sept. 27, 2012)
Taylor v. AG
of the US, No. 12-2599 (3d Cir. amicus brief submitted Aug. 30, 2012)
Izquierdo v. AG
of the US, No. 12-2499 (3d Cir. amicus brief submitted Aug. 23, 2012)Read more...

Alumni of the Month: Ignacio De Solminihac Sierralta

February, 2013
Map of Chile

 In the winter of 2010, Ignacio De Solminihac Sierralta arrived in New York City to start a law internship. He was only in the US for two months, but on the day before his scheduled flight back to Chile, February 27, 2010, the sixth largest earthquake ever recorded hit Chile. The magnitude 8.8 earthquake also set off a devastating tsunami that reached all the way across the Pacific Ocean to Japan. Here’s his story. Read more...

Let Alabama take the heat for migrant law

Published on Thu, Jun 16, 2011

Alabama now has the nation's toughest immigration law. Arizona should not compete to take back that title.

Our Legislature gave the state a break this year. No controversial immigration law was passed. No new spotlight fell on Arizona.

Yet the adjective phrase "Arizona-style" is still used to describe extreme, enforcement-heavy immigration measures such as the one just passed in Alabama.

In addition to mimicking most of the provisions of Arizona's infamous Senate Bill 1070, Alabama's law builds on Arizona's employer-sanctions law and its voter-identification law.

Alabama also goes after schoolchildren with a requirement that schools report on the immigration status of students. The idea, which has been proposed in Arizona, is to create a record of the cost of educating undocumented children as a basis for challenging the 1982 Supreme Court ruling that all children should be educated, regardless of immigration status.

Checking the status of schoolchildren will mean that kids - even some who were born in this country - will be kept out of school by undocumented parents who fear questions at school will lead to deportation. Alabama's school provisions would create a permanent uneducated underclass.

Like SB 1070, the Alabama law is built around a strategy called "attrition through enforcement." The aim is to make things so uncomfortable that undocumented immigrants self-deport.

Research by the Immigration Policy Center found that undocumented migrants often just go further underground as a result of get-tough measures. They become more vulnerable and less likely to report crime, making local law enforcement more difficult.

Other provisions in the Alabama law, such as making it a crime to knowingly rent to an undocumented immigrant and barring undocumented people from enrolling in postsecondary institutions, are also part of this strategy.Read more...

Published in the Arizona Republic