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SB 1070: New Study Released Showing Economic Impact of Latinos Leaving AZ

Published on Thu, Jul 29, 2010

For more than a year, senior researcher Dr. Walter Ewing and research associate Seth Hoy analyzed and compiled data on every state in the US to track the powerful impact immigrants have on this country. The result: A recent study released by the Immigration Policy Center that highlights both the political and economic power that immigrants—specifically Latinos and Asians—have on the United States. With Arizona's controversial SB 1070 scheduled to go into effect today (although a ruling yesterday by US District Judge Susan Bolton blocks some aspects of the law), politicians, business owners and the like should take note.

Published in the Latina

Naturalization Delays

Delays by USCIS in deciding naturalization applications have forced many applicants to seek judicial remedies. Section 336(b) of the Immigration and Nationality Act allows a federal district court to review a naturalization application if USCIS has failed to decide it for more than 120 days after the date of the examination. The law allows the court to either decide the application itself or remand the application to USCIS for decision.

Often, USCIS will deny a naturalization application while the case is pending in federal district court. The agency’s lawyers will then move to dismiss the federal court case because the application has been denied. If the case is dismissed, the applicant will face even longer delays as an appeal to USCIS will be required before seeking judicial review of the denial. We have successfully challenged this practice, arguing in amicus briefs that once a case has been filed in federal court, USCIS loses its authority over the naturalization application and must wait for the federal court decision before taking further action.

CASESRESOURCES

CASES

Bustamante v. Napolitano, No. 08-0990-cv (2d Cir. amicus brief filed May 30, 2008). In a precedent decision, the court adopted the position urged by the Legal Action Center and held that USCIS does not have jurisdiction to decide a naturalization application after an applicant files an action in district court under INA § 336(b). Bustamante v. Napolitano, 582 F.3d 403 (2d Cir. 2009).Read more...

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

The Criminal Alien Program (CAP): Immigration Enforcement in Prisons and Jails

The Criminal Alien Program (CAP) is an expansive immigration enforcement program that leads to the initiation of removal proceedings in many cases. While CAP has existed in one form or another for decades, there is still much to be learned about the program, how it is organized, and how it works. What is known is that CAP extends to every area of the country and intersects with most state and local law enforcement agencies.

For years, the CAP program has operated with little public attention and many of its elements have only recently come to light following FOIA litigation against Immigration and Customs Enforcement (ICE). The information obtained through the lawsuit regarding CAP’s current organization and staffing suggests CAP is not a single program, but a loose-knit group of several different programs operating within ICE. Other than a small number of staff responsible for the administration of CAP at ICE headquarters, there is no dedicated CAP staff. Rather, ICE pulls personnel and resources from across the agency to perform CAP-related functions.  

The ICE declarations and deposition also explain how CAP functions within prisons and jails. There appears to be little consistency in, and little or no policy governing, how CAP cooperates with state and local law enforcement agencies in different regions and in how CAP interacts with detainees in different facilities. Instead, CAP appears to function as an ad hoc set of activities that operate differently across the country and across penal institutions, raising questions about the adequacy of oversight, training, and accountability of the personnel implementing CAP.

This information confirms that there is still much about CAP that remains unknown or unclear.  Given the breadth of CAP, the centrality of its role in immigration enforcement, and its large impact on the immigrant community, it is critical that ICE clarify how CAP operates.Read more...

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Learn about the International Exchange Center

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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

Litigation Clearinghouse Newsletter Vol. 3, No. 1

This issue covers a recent SIJ decision enjoining the government from requiring specific consent for minors in federal custody, a Supreme Court update, an update on mandatory detention litigation, cases rejecting the BIA precedent Matter of Shanu, and a Q&A on a recent court decision addressing the ABC settlement.

Published On: Thursday, January 24, 2008 | Download File

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