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Democrats Reach Out to Hispanics on Immigration Bill

Published on Thu, Sep 16, 2010

Latinos are now one-quarter of Nevada’s population and nearly 12 percent of voters, according to the Immigration Policy Center, a research group in Washington. Their strong turnout in 2008 swung the state for Mr. Obama. While Ms. Angle has not focused on Latinos, Senator Reid has been running Spanish-language ads and attending rallies, declaring his commitment to the immigration overhaul.

Published in the New York Times

Administrative Procedures Act (APA)

District courts have jurisdiction to review a wide-variety of immigration decisions that arise outside of removal proceedings, including challenges to denials of visa petitions. These cases most often assert a claim under the APA, which permits individuals to sue the government for unlawful agency action. While the INA places some restrictions on review of discretionary decisions in non-removal cases, it does not strip district courts of all jurisdiction. The LAC seeks to ensure that district courts exercise jurisdiction over these APA cases to the fullest extent possible.

CASESRESOURCES

CASES

Ngassem v. Chertoff, No. 05-0584-cv (2d Cir. amicus brief filed Apr. 16, 2008) (case settled without a decision from the court). The LAC filed an amicus brief in support of the petitioner, arguing that the district court had jurisdiction over the denial of an asylee relative petition.

Jama v. DHS, et al., No. 13-4192 (6th Cir. amicus brief submitted Dec. 4, 2013).  The LAC filed an amicus brief arguing that the district court erred when it found that USCIS’ decision terminating the plaintiff’s refugee status was not “final” for purposes of the Administrative Procedure Act because the termination decision could not be appealed or raised in removal proceedings.  Additionally, the LAC argues that the restrictions on judicial review found in the INA do not apply to a district court action, such as this one, that is entirely unrelated to removal proceedings.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

State Representative Launches ‘Anchor Baby’ Task Force

Published on Tue, Oct 19, 2010

Wendy Sefsaf, communications director for the American Immigration Council, said there is no proof illegal immigrants come here to have children, only anecdotal stories in articles and newspapers.

“There’s no absolute proof someone would come here and have a baby,” said Ms. Sefsaf. “That baby couldn’t do anything for you until it’s 21 years old, and then sponsor you for permanent residence which could take 10 to 20 years. It’s an imagined problem.”

Ms. Sefsaf also questioned Mr. Metcalfe’s claim the 14th Amendment is being “misapplied” because the original debates around the amendment talked about both rights for African-Americans and for Chinese immigrants.

“It was very purposely passed and set up to take into account both African-Americans and immigrants,” she said. “It’s being applied exactly as it was intended.”

She said illegal immigrants primarily come to the United States for economic reasons, not to have children here.

“It’s almost invariably for economic reasons. We do have a broken immigration system, and we do need to address it comprehensively and fix it, but these patchwork solutions don’t get us anywhere near where we need to be to fix the system,” said Ms. Sefsaf.

Published in the Pennsylvania Independent

“Admission” and Adjustment of Status

The LAC has filed amicus briefs addressing if and when an adjustment of status can constitute an “admission” under the Immigration and Nationality Act (INA). The INA defines the terms “admitted” and “admission” as the lawful entry of a noncitizen following inspection and authorization by an immigration officer. However, the Board has held that adjustment of status from within the United States also constitutes an “admission.” The issue has arisen in cases involving the attempted removal of noncitizens for the commission of certain crimes within five years after “the date of admission” (INA & 237(a)(2)(A)(i)), and in cases involving waivers of admissibility under INA & 212(h), which in some circumstances are unavailable to noncitizens who have previously been “admitted to the United States as an alien lawfully admitted for permanent residence.”

CASES

Board of Immigration AppealsRead 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

More states push for stricter immigration laws

Published on Tue, Jan 18, 2011

In explaining these somewhat contradictory findings, Wendy Sefsaf, the communications director of the American Immigration Council, said, “We have to dig beneath the surface. Americans want solutions, even if sometimes they are bad ones or not really solutions at all.”

Published in the Homeland Security Newswire

Litigation Clearinghouse Newsletter Vol. 3, No. 8

This issue covers class certification in two cases, one involving religious workers and the other surviving spouses; recently filed CSPA suits; the Supreme Court's decision to hear a 9/11 detainee Bivens action; and a request for lawyer declarations in a FOIA suit.

Published On: Thursday, July 10, 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...