Washington D.C. - Today, the Department of Homeland Security (DHS) took an important step on behalf of Haitians affected by last year’s devastating earthquake, demonstrating the humanitarian side of its immigration responsibilities. Secretary Janet Napolitano announced that DHS would extend Temporary Protected Status (TPS) for an additional eighteen months for Haitians currently residing in the United States. She also announced that she would permit Haitians who arrived up to one year after the earthquake, many of whom came in on visitor visas and other authorized measures, to apply for TPS. The following is a statement from Mary Giovagnoli, Director of the Immigration Policy Center.
“We applaud DHS’s decision both to extend the timing of TPS and to broaden the scope of people who qualify for it. In the chaotic days following the January 2010 earthquake in Haiti, the men and women of DHS worked hard to provide relief to survivors, admitting many people temporarily to save them from devastation, disease, and starvation. While DHS quickly designated TPS status for those Haitians residing in the U.S. at the time of the earthquake, many others who came to the U.S. within days or weeks of the disaster were ineligible for TPS, but were also unable to return home. Today’s announcement addresses these problems and recognizes the extraordinary need for a compassionate and humane response to the devastation in Haiti.Read more...
Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Circuit Court of Appeals to reject the departure bar, a regulation that the Board of Immigration Appeals (BIA) interprets as barring it from reviewing cases after a person has left the United States. In this case, Lari v. Holder, the petitioner filed a timely motion to reconsider his removal order. Just three weeks later – before the BIA adjudicated the motion – the Department of Homeland Security deported him. The BIA then dismissed the motion, finding that it lacked authority to consider the petitioner’s claims now that he was outside the United States. The Legal Action Center and NIPNLG argue that the BIA’s rule unlawfully deprives noncitizens of their right to an adjudication of their removal case.
The Legal Action Center and NIPNLG have coordinated litigation on issues related to post departure review nationwide. Read more about the LAC and NIPNLG’s efforts on the LAC’s website. To date, six circuit courts have found the departure regulation unlawful.
Challenging Matter of E-R-M-F- & A-S-M-: Warrantless Arrests and the Timing of Right to Counsel Advisals
Washington, D.C.—In Matter of E-R-M-F- & A-S-M-, 25 I. & N. Dec. 580 (BIA 2011), the Board of Immigration Appeals severely undermined the protections provided by 8 C.F.R. § 287.3(c), holding that certain noncitizens arrested without a warrant need not be advised of their rights, including the right to counsel, prior to post-arrest examinations. In a new practice advisory, Challenging Matter of E-R-M-F- & A-S-M-: Warrantless Arrests and the Timing of Right to Counsel Advisals, the LAC highlights flaws in the E-R-M-F- decision and suggests strategies for challenging the BIA’s reading of § 287.3(c) and moving to suppress evidence obtained in violation of the regulation.
The Legal Action Center encourages attorneys with ongoing cases involving the timing of the 8 C.F.R. § 287.3(c) advisals to contact firstname.lastname@example.org for further information.
For a complete list of all LAC practice advisories, please visit the LAC’s website.
LAC Releases Updated Practice Advisories on the Child Status Protection Act and the Administrative Procedure Act
Washington, D.C.—The Legal Action Center (LAC) is pleased to announce the release of two updated practice advisories:
·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...
Immigrants - and immigration - have provided significant fuel for America's growth and prosperity since the beginning days of our country. American values and beliefs; businesses and homes, and military and infrastructure have been shaped by the millions of immigrants who have arrived on our shores over the centuries. Unfortunately, the current national debate over immigration often has become so bitter that an important fact has been obscured: Immigrants contribute a wealth of new strengths and ideas to America.
WASHINGTON--A new study by a leading academic researcher contends that legalizing undocumented workers through comprehensive immigration reform would yield $1.5 trillion to the U.S. Gross Domestic Product (GDP) over a 10-year period, generate billions of dollars in additional tax revenue, increase wages and consumer spending, and create hundreds of thousands of jobs.
The study, “Raising the Floor for American Workers: The Economic Benefits of Comprehensive Immigration Reform,” was conducted by Dr. Raul Hinojosa-Ojeda, associate professor at the University of California, Los Angeles (UCLA). Dr. Hinojosa presented the findings during a telephonic press conference moderated by Angela Kelley, vice president for immigration policy and advocacy at the Center for American Progress.
Last Sunday, a crowd estimated at 200,000 by its organizers gathered on the National Mall in Washington, D.C. to rally for comprehensive immigration reform; President Obama appeared in a video at the demonstration endorsing a bipartisan plan proposed by Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC).