As Mary Giovagnoli writes on the Immigration Policy Institute's Immigration Impact blog, 17,000 out of the close to 400,000 people deported in 2009, is not exactly a significant number. Still, I want to argue that these types of small tweaks to the immigration system are crucial to obtaining larger reforms down the road.
In March 2008, the Ninth Circuit issued a decision, Orozco v. Mukasey, 521 F.3d 1068 (9th Cir. 2008) , finding that a noncitizen who obtains entry into the U.S. by fraudulent means is statutorily ineligible for adjustment of status under INA § 245(a) because he or she has not been “admitted.” Following the Ninth Circuit’s decision, which was later vacated (Orozco v. Mukasey, 546 F.3d 1147 (9th Cir. 2008)), numerous immigration courts throughout the country were questioning whether Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), was still good law. In Matter of Areguillin, the Board of Immigration Appeals (BIA or Board) had held that an admission occurs when an inspecting officer “permits the applicant to pass through the port of entry.” Thus, the BIA found that Areguillin was “inspected and admitted” within the meaning of the adjustment statute, INA § 245(a), when she was waived through the port of entry, even though she was inadmissible at that time due to lack of proper documents. Ultimately, in July 2010, the BIA issued a precedent decision affirming the rule in Matter of Areguillin.
In the following cases, the LAC submitted amicus briefs to the BIA arguing that Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), should be reaffirmed and that a noncitizen was “admitted” when an immigration officer at a port of entry inspected him and allowed his entry, even if he was inadmissible at the time.Read more...
The Issues in Immigration series consists of three parts or modules listed below. Each module is designed to teach secondary students about immigration and immigrant conflicts, myths and facts. The lesson will also increase student awareness about immigration issues.
Immigration Policy Center released a study today contending that “new Americans,” defined as recent naturalized citizens and U.S.-born children of immigrants from Latin America and Asia since 1965, are becoming increasingly powerful in elections as their numbers grow. In 2008, these groups made up about 10 percent of the voting population, a number that grew by more than 100 percent since 1996, according to the report.
The LAC has long advocated that a child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The LAC filed amicus briefs in numerous cases before the Board of Immigration Appeals arguing that this framework for adjustment of status was a more correct interpretation of the law and furthered Congress’s goal to keep families intact.
On June 23, 2011, in Matter of Le, 25 I&N Dec. 541 (BIA 2011), the Board held, consistent with the LAC’s position, that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, the Board rejected DHS’ position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated. As a result, noncitizens who were under 21 when they were admitted and now are pursuing adjustment of status in removal proceedings or before U.S. Citizenship and Immigration Services, will be able to become lawful permanent residents as Congress intended.
The LAC and the American Immigration Lawyers Association submitted several amicus briefs in cases pending before the Board of Immigration Appeals addressing adjustment for K-2 visa holders. The brief submitted in In Re Qiyu Zhang is one example.Read more...
Roberts, a journalist by trade and talented story teller by passion, paints the lives of 13 families by retelling their stories in a way that captures the essence of their journeys to the United States as well as their journeys to becoming Americans. Roberts eloquently breaks down many of the myths surrounding immigrants by sharing stories of men, women and children who had to leave so much behind by emigrating. The book is divided into sections, The Survivors, The International Entrepreneurs, The Business Owners, The Professionals, and The Women. The characters and their stories give many fresh perspectives on the issue of immigration.
“This is clearly an attack on the Fourteenth Amendment,” said senior policy analyst Michele Waslin at the Immigration Policy Center, adding it “is clearly against the fundamental ideas that America is based on and it’s very mean-spirited.”
This issue covers updates to two naturalization delay cases; a circuit split on the interpretation of aggravated identity theft -- a development of heightened relevance because of recent immigration raids and prosecutions; and a successful challenge to a NY state licensing law.
New Report Finds No Significant Relationship between Native Unemployment and Immigrants
Washington D.C. - As Congress once again takes up the mantle for comprehensive immigration reform, it is critically important for policymakers to understand the real impact immigration has on native unemployment. Research conduced by Rob Paral and Associates for the Immigration Policy Center demonstrates that there is little apparent relationship between unemployment and the presence of recent immigrants at the regional and state levels. Read more...