Skip to Content

Programs:

Legalization

Hatch’s new immigration bill: Focus on enforcement

Published on Fri, Oct 01, 2010

Ben Johnson, the executive director of the Washington-based American Immigration Council, says Hatch’s bill is simply more of the same rhetoric that’s been tossed around for a while and does nothing to move the debate forward.

“The reality is that there too many politicians, and I think, unfortunately, Senator Hatch is beginning to fall into that category, introducing legislation not in any effort to actually get it passed but to send messages to their constituents,” Johnson said.

Johnson added some parts of Hatch’s legislation are already addressed in existing law.

“Declaring that we should deny visas to gang members and members of organized crime is like outlawing dinosaurs in Utah,” Johnson

Published in the Salt Lake Tribune

Jurisdictional Bars Under the INA

District Court Jurisdiction over Non-Removal Cases | Review of Mixed Questions of Law and Fact
Review of Sua Sponte Motions to Reopen
| Resources

District Court Jurisdiction over Non-Removal Cases

The Legal Action Center (LAC) urges a narrow interpretation of the statutory bars to review of discretionary issues in district court cases where discretionary relief may have been sought, but the cases themselves present legal or constitutional issues. This situation arises when, for example, a noncitizen seeks district court review of USCIS’s denial of an application for adjustment of status on non-discretionary grounds. This issue has become increasingly important as more noncitizens seek review of erroneous USCIS denials of applications for immigration benefits.

The LAC maintains that district courts do have jurisdiction over these cases and can review them under the Administrative Procedures Act. We argue that the bar to review of discretionary judgments found in INA § 242(a)(2)(B)(i) is inapplicable to a court’s review of non-discretionary statutory eligibility for an immigration benefit. We also argue that INA § 242(a)(2)(D) does not limit the jurisdiction of a district court to review constitutional and legal issues in a non-removal case.

CASES

Alla Barenboy v. Secretary of DHS et al., No. 10-1802 (3d Cir. amicus brief filed June 7, 2010) (court denied the petition on other grounds in a non-precedential decision).Read more...

Toward A Better Life

Author:  Peter Coan

Coan's collection of 'new beginning' stories captures the spirit of new Americans.  Each story frames a different period of history but the drive, dreams, passion and pride of the subjects hasn't changed over time. Immigrants often leave so much behind in order to bring so much forward.  The author organized the stories by decade and included a background of each era.  With the perfect dose of history the book moves forward and the readers will feel like they get to know the storytellers. This book is the perfect companion to any educator who is teacing their students about immigration to the United States because it puts both the historic and contemporary issues of immigration into perspective.

Year released: 2011
Grades 7-Adult

588 renowned scholars sign unprecedented document calling upon U.S. Senate to pass DREAM Act legislation

Published on Fri, Dec 17, 2010

As the Immigration Policy Center, organizers of the letter out it, “By failing to offer these young people a place in America, we are cutting them off from the very mechanisms that would allow them to contribute to our economy and society.”

Published in the La Prensa Ohio

Litigation Clearinghouse Newsletter Vol. 4, No. 7

This issue covers Child Status Protection Act litigation, a recent Supreme Court decision in a fraud offense case, a final order in a religious worker class action, a court of appeals decision finding jurisdiction to review a cancellation denial, and an update in the Orozco litigation (involving adjustment of status where the admission involved fraud or misrepresentation).

Published On: Monday, June 22, 2009 | Download File

Ohio Creative Writing Contest Highlighted at Naturalization Ceremony

Published on Thu, Apr 21, 2011

Fifty people from 30 countries are celebrating their citizenship after a naturalization ceremony.  As part of the ceremony a Westerville, Ohio student won a statewide essay contest.  The state of Ohio submitted over 1,600 entries to the American Immigration Council's 14th Annual "Celebrate America"  Creative Writing Contest.

Published in the Columbus NBC | View PDF

Litigation Clearinghouse Newsletter Vol. 2, No. 2

This issue covers second or subsequent drug possession convictions as aggravated felonies, detention conditions suit, internal relocation decision, and more!

Published On: Wednesday, February 7, 2007 | Download File

Study details taxes paid by undocumented immigrants

Published on Tue, Apr 19, 2011

A study, the first of its kind, shows that undocumented immigrants pay sales taxes and property taxes, and at least half pay an income tax.

According to an Immigration Policy Center report released yesterday, tax day, the Institute for Taxation and Economic Policy has estimated the state and local taxes paid in 2010 by households that are headed by unauthorized immigrants.

The report indicates:

These households may include members who are U.S. citizens or legal immigrants. Collectively, these households paid $11.2 billion in state and local taxes. That included $1.2 billion in personal income taxes, $1.6 billion in property taxes, and $8.4 billion in sales taxes.

The report shows that Florida collects $806.8 million, the third highest in the nation, in property and sales tax revenue from households headed by unauthorized immigrants. Florida does not have a state income tax.

Wendy Sefsaf, communications director for the American Immigration Council, tells The Florida Independent that the Institute for Taxation and Economic Policy runs scenarios about what impacts states tax revenue. Sefsaf adds that the institute is able to take their models, databases and assumptions on different groups and come up with tax contributions and that is what they did for the undocumented.

Sefsaf adds these number have never been examined, because the unauthorized population is hard to track and “we make a lot of guesses of their contribution.”

“The restrictionist movement in the U.S. spends all their time letting everyone know how much [undocumented immigrants] cost us, and they try to ignore the fact that they contribute, Sefsaf says. “We are not trying to say there are not costs associated with people, there are costs associated with everyone, but we are trying to balance out the debate. We can have a debate about who can stay and who has to go, but we have to do that with a full plate of information.”Read more...

Published in the American Independent