An en banc panel of the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they turned 21. In accordance with arguments made in an amicus brief submitted by the Legal Action Center and the National Immigrant Justice Center, the court held that Congress specifically remedied this problem in the Child Status Protection Act (CSPA) of 2002, by allowing children who were listed on their parents’ visa petitions, but who turned 21 before a visa became available, to retain the earlier filing date of their parents’ visa petitions when new visa petitions are filed for them as adults. As the court explained, “This ensures that visas are available quickly, rather than requiring the now-adult aliens to wait many more years in a new visa line.”
The court’s ruling overturned a precedent decision of the Board of Immigration Appeals, Matter of Wang, 25 I. & N. Dec. 28 (BIA 2009), which interpreted the law as benefiting only one visa category of “aged-out” children.
The court issued its decision in two cases, one of which is a national class action. The petitioners in the two cases were represented by Reeves and Associates and the Law Offices of Carl Shusterman.
Day Four of Senate Mark-Up Will Address New Legalization Program
Released on Mon, May 20, 2013
Washington D.C. - Today, the Senate Judiciary Committee continues mark-up of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. The Committee is expected to complete work on Title Three and then begin considering amendments related to the legalization component of Title Two.
Creating a pathway to citizenship is one of the fundamental principles of S. 744, but many of the amendments offered in Committee appear designed to weaken the bipartisan program put forth in the bill by limiting eligibility, creating more hoops to jump through, and undermining procedural safeguards. The Senate Judiciary Committee should evaluate such proposals by asking what is necessary to achieve a workable plan for legalization of 11 million people—one that ensures the program has integrity, but that is also designed to succeed. The Gang of 8’s proposal is not perfect, but it was crafted with this goal in mind.
Amendments that would deter many of the 11 million undocumented immigrants from applying for or remaining in the program, or that would make it a bureaucratic nightmare to implement, must be avoided. Instead, if we wish to ensure that we are not repeating the mistakes of the past, we must strive for a generous and fair program that recognizes the contributions already being made by undocumented immigrants to this country.
In order to create a successful legalization program, Senators should keep in mind the following principles when considering the amendments offered under Title Two:Read more...
According to a recent report from the Immigration Policy Center, businesses owned by Latinos and Asians in the state of South Carolina had combined revenues of $2.8 billion and provided over 20,000 jobs throughout the state in 2008. The Center also reported that Latinos and Asians living in South Carolina had a combined purchasing power of $5.2 billion. weather the economic recession has her beaming with enthusiasm.
Last week, the American Immigration Council and Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protected Status (TPS) are eligible to apply for lawful permanent residence (i.e., adjustment of status), even if they originally entered the United States without being admitted or paroled. This is because the grant of TPS qualifies a noncitizen as having been “admitted” to the United States—one of the requirements for adjustment of status. In 2013, the Sixth Circuit found that the grant of TPS permits a person who initially entered without being admitted to become a lawful permanent resident, and amici urge the District Court for the Western District of Washington to reach the same result.
The case is Ramirez v. Dougherty, No. 13-1236-TSZ (W.D. Wash. amicus brief filed March 6, 2014).
States like California with large immigration populations likely benefit from remittances abroad because of an increase demand in U.S. exports, a report released today shows.
The Immigration Policy Center released the report. The center is the search policy arm of the American Immigration Council in Washington D.C., whose mission is to shape the national conversation on immigration..
A report out of the Department of Homeland Security's Office of the Inspector General (OIG) last week doesn't mince many words when it comes to the failure of 287(g), a 1995 law that allowed local and state law enforcement to assume some of the federal prerogative of immigration enforcement.
The 287(g) program, a lightning rod for criticism, is slowly and quietly melting into an expanded version of Secure Communities, a different and more under-the-radar government program.
Advocates and experts have noticed the switch, as the line to sign up for 287(g), a program that deputizes local police officers to enforce immigration law, has slowed, and the support for Secure Communities, a program screening prisoners for immigration status, grows.
Benjamin Johnson of the American Immigration Council said, "If the only way you're going to be able to enforce the law is to get really close to that line, if not cross over it, then that's a problem."