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Motion to Reopen Process Provides Aliens With Protections on Par With Habeas Review

Released on Fri, Mar 25, 2011

LAC Deputy Director Beth Werlin is quoted in this Law Week article regarding post departure motions to reopen.

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LAC Docket | Vol. V Issue 2

Board of Immigration Appeals Guts Legal Protections for Immigrants Under Arrest

Released on Mon, Aug 15, 2011

Washington, D.C.—The American Immigration Council strongly condemns last week’s ruling from the Board of Immigration Appeals holding that immigrants arrested without a warrant are not entitled to certain Miranda-like warnings prior to questioning by immigration officers. In a precedent decision, the Board held that noncitizens need not be informed of their right to counsel or warned that their statements can be used against them until after they have been placed in formal deportation proceedings.

For decades, immigrants placed under arrest have been entitled to these critical advisals. Like “Miranda” warnings for criminal suspects, such notifications help to ensure that statements made during questioning are not the product of coercion. As a result of last week’s ruling, noncitizens under arrest will now be even more vulnerable to pressure from interrogating officers, and immigration judges will face greater difficulty determining whether statements made during questioning were truly voluntary.

“This decision epitomizes the substandard system of justice that’s been created and imposed on immigrants in the United States,” said Melissa Crow, Director of the American Immigration Council’s Legal Action Center. “The Board’s ruling renders the advisals practically meaningless and makes immigrants less likely to remain silent when questioned and less likely to assert their right to counsel.”

The Board of Immigration Appeals is the highest administrative tribunal on immigration and nationality matters in the United States. Decisions of the Board may be subject to review by federal courts or by the Attorney General. The ruling came in Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011).

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Homeland Security revises immigration partnership with local jails

Published on Sat, Aug 22, 2009

The Department of Homeland Security is requiring counties that participate in its illegal-immigration enforcement program to agree to a new focus on violent criminals.

Published in the Washington Examiner

Practice Advisory on Seeking a Judicial Stay of Removal

Released on Wed, May 30, 2012

Washington, D.C.—The Legal Action Center (LAC) is pleased to announce the issuance of a new Practice Advisory, Seeking a Judicial Stay of Removal in the Court of Appeal. This Practice Advisory provides background information about requesting stays of removal from the courts of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who win their appeals. The LAC issued this advisory jointly with the National Immigration Project of the National Lawyers Guild, the Boston College Post-Deportation Human Rights Project, and the Immigrant Rights Clinic, NYU School of Law.

All of the LAC’s Practice Advisories are available on our website at


For questions contact Geena Jackson at or 202-507-7516.


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Keely Alexander publishes children's book

Published on Mon, May 25, 2009

Keely Alexander, from Superior, has co-authored a children’s book on immigration. "Davy Brown Discovers His Roots" will debut June 3 in Las Vegas at the American Immigration Lawyers Association Annual Conference.

Published in the Clark Fork Chronicle

Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice

Released on Tue, Mar 19, 2013

For Immediate Release

Two Systems of Justice:
How the Immigration System Falls Short of American Ideals of Justice

Washington D.C. - Today, the American Immigration Council issued Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice. This new report explores how the justice system for immigrants falls far short of the American values of due process and fundamental fairness. In fact, the immigration system lacks nearly all the procedural safeguards we expect in the U.S. criminal justice system.  Given the high stakes involved in immigration cases and the increasing criminalization of immigration law, the report concludes that we must no longer tolerate a system that deprives countless individuals of a fair judicial process.Read more...

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Report: Info muddled on immigrants and crime

Published on Thu, Nov 19, 2009

That man in the back of a squad car on his way to jail: What are the chances he was born in the United States?

Published in the O.C. Register

ICE Agrees to Release Thousands of Previously-Withheld Records

Settlement Will Provide First Detailed Look at “Criminal Alien Program”

Released on Fri, Aug 02, 2013

Washington, DC – Yesterday, a U.S. District Court in Connecticut approved a settlement in a Freedom of Information Act (FOIA) lawsuit challenging the refusal of Immigration and Customs Enforcement (ICE) to release tens of thousands of documents about the Criminal Alien Program (CAP), one of the agency’s largest enforcement programs. CAP currently is active in all state and federal prisons, as well as more than 300 local jails throughout the country and is implicated in approximately half of all deportation proceedings. Although CAP supposedly targets the worst criminal offenders, the program also appears to target individuals with little or no criminal history for deportation and to incentivize pretextual stops and racial profiling.

Although CAP facilitates the removal of hundreds of thousands of individuals each year, very little information about the program is available to the public. To better understand CAP, the American Immigration Council (AIC), in collaboration with the Worker and Immigrant Rights Advocacy Clinic of Yale Law School and the Connecticut chapter of the American Immigration Lawyers Association (AILA), filed a FOIA lawsuit to compel ICE to disclose information about CAP. Read more...

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Why legal aliens don't drag down the wages of the native-born

Published on Wed, Jan 13, 2010

IF CONGRESS has any sense, it will pass immigration reform this year. That's the topic of this week's column.

A new report from the Centre for American Progress, an Obamaphile think-tank, finds that comprehensive immigration reform would add $1.5 trillion to America's GDP over ten years.

Not everything that raises GDP is a good idea. Reihan Salam, a conservative writer, pointed out to me yesterday that annexing Canada would raise GDP by a lot. But it would have serious downsides, such as Americans having to find out where Canada is.

Published in the The Economist