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Why We Should Applaud ICE's Immigration Initiative

Published on Mon, Aug 30, 2010

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.

Published in the The Huffington Post

Adjustment of Status When Admission Involved Fraud or Misrepresentation

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.

CASES l RESOURCES

CASES

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...

High School Lesson Plan 3: Issues in Immigration

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.

Module One: Debate

Module Two: The Lost Boys of Sudan

Module Three: Lost Childhoods - Unaccompanied Children

Report: Immigrants and Their Children Becoming More Influential in Elections

Published on Thu, Oct 14, 2010

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.

Published in the The Washington Independent

Adjustment for K-2 Visa Holders

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.

CASES | ADVOCACY

CASES

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...

From Every End of This Earth: 13 Families and the New Lives They Made in America

Author: Steven V. Roberts

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.

Year Released: 2009
Grades 9-Adult

From Every End of This Earth: 13 Families and the New Lives They Made in America

U.S. state lawmakers target ‘birthright’ citizenship

Published on Tue, Jan 11, 2011

“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.”

Published in the Reuters

Litigation Clearinghouse Newsletter Vol. 3, No. 9

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.

Published On: Tuesday, August 5, 2008 | Download File

The Unemployment and Immigration Disconnect

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...