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Michael J. Wishnie, Esq.

Michael J. Wishnie, Esq. is the William O. Douglas Clinical Professor of Law and Director of the Jerome N. Frank Legal Services Organization at Yale Law School. Professor Wishnie’s teaching, scholarship, and law practice have focused on immigration, labor and employment, habeas corpus, civil rights, government transparency, and veterans law. This paper is adapted with permission from Wishnie, Proportionality: The Struggle for Balance in U.S. Immigration Policy, 72 U.Pitt.L.Rev.431 (2011) and Wishnie, Immigration Law and the Proportionality Requirement, 2 U.C.Irv.L.Rev.___ (forthcoming 2012).

Latino and Asian Clout in the Voting Booth

Released on Wed, Aug 12, 2009

Immediately after the Presidential election of 2008, it was quickly apparent through exit polling that Latino, Asian, and African-American voting had expanded dramatically compared to the 2004 election. Census Bureau data released late last month confirms the tremendous growth in voting among these groups. Today, the Immigration Policy Center (IPC) releases a fact check, Latino and Asian Clout in the Voting Booth, which shows how much the electoral power of racial and ethnic minorities increased in just four years.

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2013 Immigration Litigation Meeting: Reading Materials

Reading Materials

Thursday, May 30th, 2013

11:30AM - Registration and Lunch

12PM-12:30PM - Opening remarks and introducations

12:30PM - 1:30PM - Legalization Challenges: Lessons Learned from IRCA
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Leaders in Both Parties Agree Immigration Reform is a Must Pass Priority

Released on Mon, Nov 24, 2008

In recent days, leaders from both sides of the aisle indicated that comprehensive immigration reform is a legislative priority for the 111th Congress. Senate Majority Leader Harry Reid reassured the public that Congress will move forward and pass immigration reform legislation. Meanwhile, renowned Republican strategist Karl Rove included immigration reform as part of a roadmap for the future survival of the GOP. Read IPC's comments.

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The Olympics Are Yet Another Victim of America's Broken Immigration System

Released on Fri, Oct 02, 2009

Newspapers are reporting today that during the official Q&A session following the Chicago bid for the Olympic Games, I.O.C. member, Syed Shahid Ali, from Pakistan, asked President Obama how smooth it would be for foreigners to enter the United States for the Olympic Games because doing so can sometimes be "a rather harrowing experience." While this I.O.C. member's concerns raise a red flag about the need for a change in our immigration policies, a litany of voices have been warning for years that the U.S. is slowly adopting an anti-visitor policy that is harming business, higher education and families.

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Supreme Court Injects Reason into Immigration Felony Definition

Released on Tue, Jun 15, 2010

On June 14, 2010, the U.S. Supreme Court voted unanimously in Carachuri-Rosendo v. Holder that a lawful permanent resident who is convicted of minor drug possession offenses does not warrant classification as having been convicted of an "aggravated felony." As a result, the Court held that Mr. Carachuri-Rosendo cannot be deported without an opportunity to make a case for why he should be allowed to remain in the United States. Please view the press release directly below, and you can also read about this case on our Supreme Court Update page.

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New England

Utah's Immigration Solution Not a National Model

Legislation Fails To Live Up To State's Best Intentions

Released on Thu, Mar 10, 2011

Washington D.C. - Late Friday night, the Utah Legislature passed three immigration-related bills that await Governor Herbert's signature or veto. Utah's policy discussions were guided by the principles of a much-lauded Utah Compact, which brought together leaders from political parties, business, labor, and faith-based organizations for a thoughtful dialogue about immigration policy. The Compact was a welcome relief from the angry vitriol that has often dominated the debate and was well-regarded as a rational, solution-based conversation about the complexity of effective immigration reform. It recognizes that the current unauthorized immigrant population is made up of workers, taxpayers, and consumers, and that enforcement strategies must be coupled with reform of our legal system of immigration in order to meet legitimate labor force needs. Unfortunately, the Utah state legislature was not able to realize the Compact's aspirations.

The three bills represent one state's attempt to provide solutions that go beyond the enforcement-only approach of Arizona's SB1070 and similar copycats being considered in other states. It is noteworthy that Utah's legislature acknowledged that immigration is a complex issue, and that a realistic solution involves more than asking people for their papers and deporting those who lack legal status. However, what these well-intentioned Utah legislators have created is an aggressive Arizona-style enforcement program with no counter-balance. The provisions intended to create legal work status and visas are clearly at odds with the Constitution and cannot be implemented by state action alone.Read more...

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