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State rep. pushing Ariz.-style immigration law has ties to organization working to repeal 14th Amendment

Published on Mon, Jan 10, 2011

Michelle Waslin, an Immigration Policy Center senior policy analyst, tells the Independent that “SLLI wants to spark a legal challenge that goes all the way to the Supreme Court. They want to set up a system for citizens and another for people who can be discriminated.”

Waslin also says that amending the 14th Amendment is not a solution for illegal immigration. “Under the current system, you’re born here, you get a birth certificate,” she says. “If we didn’t have that system we would need a bureaucracy to determine citizenship.”

She points out that if automatic citizenship is eliminated, all U.S. citizens would be affected. She compares the outcome to the current situation of a U.S. serviceman in Germany, married to a German woman, who together have a baby. That couple has to hire an immigration lawyer have to clarify if the baby if a U.S. citizen.

Published in the Florida Independent

Litigation Clearinghouse Newsletter Vol. 1, No. 6

This issue covers litigation over naturalization delays, subpoenas when FOIA requests are delayed, and developments concerning mandatory detention.

Published On: Thursday, March 2, 2006 | Download File

Chairy Saidjan Embraces American Culture

March, 2009
Chairy Saidjan

The Exchange Visitor Program is pleased to announce Chairy Saidjan as March's Exchange Visitor of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American Culture. Read more...

GOP Tries To Scare Minorities Into Supporting Anti-Immigration Policies

Published on Thu, Mar 03, 2011

On Tuesday the House Subcommittee on Immigration Policy and Enforcement held a meeting that purported to explore the effects of undocumented workers on the labor market. “Making Immigration Work for American Minorities” included prepared statements from the President of the San Antonio Tea Party and a professor representing the abjectly titled—and thoroughly unprogressive—Progressives For Immigration Reform (PRIF), among other specialists.

There were few surprises during the hearing—the subcommittee chair, Rep. Lamar Smith (R-Tex.) began with a statement that read, in part, “Virtually all credible studies show that competition from cheap foreign labor displaces American workers, including legal immigrants, or depresses their wages.”

His references include a Pew Hispanic Survey that shows seven million undocumented immigrants have jobs in the U.S. and a study conducted by the risibly partisan The Center for Immigration Studies (CIS) that determined undocumented workers depress wages for all low-skilled workers by $1,800 a year. Rep. Smith then cites a Harvard research paper by George Borjas that found undocumented workers reduce the wages of low-skilled American workers by 7.4 percent.

I’ll get to the findings in a moment, but I think it’s bedeviling Rep. Smith relies on two studies that view undocumented immigrants in a negative light, and stops right there. Doing more to cement anti-immigrant advocates as purveyors of hyperbole and anecdote, Smith says:

“But research is not the only proof. After illegal workers are arrested and detained during Immigration and Customs Enforcement (ICE) worksite enforcement actions, many businesses replace them with American minorities.”

A footnote? A statistic? He doesn’t even offer a number pulled from the firmament. Instead, he entreats lawmakers to fix an immigration system that hurts “American workers” and particularly “African Americans.”Read more...

Published in the Campus Progress

Naturalization Adjudication Delays

ARCHIVED ISSUE PAGE (LAST UPDATED JUNE 2012)

Section 336(b) of the INA provides for judicial review of a stalled naturalization application. It states that if USCIS fails to grant or deny an application for naturalization before the end of the 120-day period after the date on which the examination is conducted, the applicant may apply to the district court for the district in which the applicant resides for a hearing on the matter. The court may (1) determine the matter or (2) remand to USCIS, with appropriate instructions, to determine the matter. If the delay occurs before the naturalization examination date, many litigants seek relief under the mandamus statute and the Administrative Procedure Act. See our Mandamus Litigation Issue Page for information about these types of actions.

Latest Developments|Additional Resources

Latest Developments

Pre-interview Natz Delay Cases

Select pre-interview naturalization delay cases filed as mandamus/APA lawsuits are summarized on our Mandamus Litigation Issue Page.

Class Action and Individual Suits Challenging Delay in the Adjudication of Naturalization Applications

CaliforniaRead more...

Q&A with Marloes Schenk

February, 2012

Congratulations to Marloes Schenk, our Exchange Visitor of the Month. We recently caught up with Marloes to learn more about her J-1 training experience.

Read more...

A coalition is uniting to improve the tone of the immigration debate

Published on Sat, Apr 30, 2011

Sunshine. Smiling people. Horizons as big as our opportunities.

Scenery as amazing as our optimism. That was the old Arizona.

Intolerant. Unwelcoming. Dangerous. Controversial.

That's the new image of Arizona.

If you don't think that image is right for our state, you might want to check out a new group in town called the Real Arizona Coalition. It includes some high-profile members from business, community and faith organizations who are ready to say, "Enough, already" - although they would probably say it more diplomatically.

This group is not about being in your face. It is about trying to get to your heart. Arizona's heart.

It's about remembering what made Arizona a destination. (Hint: It wasn't just the weather.) It's about honoring all the people who helped build the state and tapping that diversity to solve some big, big problems. Together.

This is a courageous concept. Despite all the talk of a new era of civility, wedges remain a powerful political tool to separate people and build alliances based on fear and dislike of the other guy.

Illegal immigration is one of those wedges. Two-thirds of Americans say the current system is broken. But the desperate, radical efforts to solve this national problem in Arizona's Legislature are largely responsible for Arizona's bad image.

Senate Bill 1070 made Arizona a punch line for political satirists. Reckless talk about headless bodies in the desert didn't help the state's image, either.

Once lauded for its friendliness and famous for its growth and tourism, Arizona saddled itself with a heavy load of bad publicity just as it was beginning the long, hard climb out of the Great Recession.

It matters to visitors.

"Bad news travels faster than good news," says Marc Garcia of the Greater Phoenix Convention and Visitors Bureau.

Bad news does not attract tourists.

It matters to entrepreneurs and investors.Read more...

Published in the Arizona Republic

Justice Breyer Grants Stay of Deportation; Cert Petition Later Denied

Rashid v. Gonzales, 549 U.S. 1212 (2007)Read more...

  • On Tuesday February 20, 2007, the Court denied Haroon Rashid’s petition for certiorari. The Tenth Circuit had upheld a finding that Rashid was removable because his misdemeanor assault conviction constituted an "aggravated felony." On December 6, 2006, Justice Breyer had stayed the deportation pending the Supreme Court's ruling on his petition for certiorari.

Senators introduce comprehensive immigration reform bill

Published on Thu, Jun 23, 2011

U.S. Sens. Robert Menendez, D-N.J., Harry Reid, D-Nev., Patrick Leahy, D-Vt., Dick Durbin, D-Ill., Chuck Schumer, D-N.Y., John Kerry, D-Mass., and Kirsten Gillibrand, D-N.Y., reintroduced a comprehensive immigration reform bill on Wednesday.

Menendez’s office said in press release that the bill is “aimed at addressing the broken immigration system with tough, smart, and fair measures.”

The Immigration Policy Center explains that Menendez’s proposal includes the creation of Lawful Prospective Immigration (LPI) status. Applicants for LPI status would be required to submit biometric data, go through security checks and pay a fine. After six to eight years of LPI status, undocumented immigrants could transition to Legal Permanent Resident status only after they pay taxes and additional fines, learn English and U.S. civics, and undergo additional background checks. And even then, LPIs would have to wait behind those already in line for LPR status.

The Policy Center also says the bill includes improvements to regulate the future flow of legal immigrants by creating a standing commission that would study labor market and economic conditions to determine the number of employment-based visas needed. The bill also supports programs that better facilitate immigrant integration, such as enhanced policies to help immigrants learn English and grants for states that successfully integrate newcomers.

The release issued by Menendez adds that the

Comprehensive Immigration Reform Act of 2011 includes both a mandatory employment verification system and a program to require undocumented immigrants in the U.S. as of June 1, 2011 to register with the government, learn English, and pay fines and taxes on their way to becoming Americans.Read more...

Published in the Florida Independent