Skip to Content



Supreme Court Rebuffs 5th Circuit and Reaffirms the Importance of Federal Court Review

Released on Tue, Jun 16, 2015

Washington, D.C. - The American Immigration Council and the National Immigration Project of the National Lawyers Guild applaud the Supreme Court’s decision yesterday in Mata v. Lynch. In an 8-1 decision, the Supreme Court overturned the Fifth Circuit Court of Appeals and held that federal courts have authority to review immigration decisions denying motions to reopen removal orders. A motion to reopen is a procedural protection meant to ensure a proper and lawful outcome in an immigration proceeding. The Supreme Court’s decision strongly reaffirmed the importance of federal court review of motions to reopen, and sent a clear message to the Fifth Circuit that it cannot continue its unlawful practice of depriving noncitizens of access to the courts. 

Petitioner Noel Mata had filed a motion to reopen, asking the Board of Immigration Appeals (BIA) to “equitably toll,” or waive, the deadline for filing his motion. “Equitable tolling” is a long-recognized legal principle through which courts can waive the application of a filing deadline where a person acted diligently, but nonetheless was unable to comply with a deadline. In this case, Mr. Mata was prevented from filing on time due to ineffective assistance of counsel. Nine courts of appeals have held that the motion to reopen deadline is subject to equitable tolling. However, Mr. Mata lived in Texas, which is in the Fifth Circuit, a court of appeals which has never resolved the issue. Instead, the Fifth Circuit treated Mr. Mata’s motion as a request for the BIA to reopen under its sua sponte authority – a discretionary authority over which the Fifth Circuit had previously said it would not exercise review in at least some situations. As a result, the Fifth Circuit found that it lacked authority to consider Mr. Mata’s motion.Read more...

View Release

Steve King: Immigrants Aren’t ‘Real Americans If They Love Taxes’

Published on Fri, Apr 16, 2010

This week, crowds of peaceful immigration reform supporters gathered outside post offices in several cities bearing signs with slogans stating “We Love Taxes!” and “Viva Taxes!” in an effort to demonstrate that there are millions of undocumented immigrants who are eager for a chance to be brought into American civil society and pay taxes as part of their civic duty. Advocates also submitted thousands of blank tax forms to federal lawmakers that could’ve been filled out to by undocumented immigrants who have the capacity to generate billions in tax revenue.

Published in the Think Progress

Immigration Blueprint

Published on Fri, May 07, 2010

Lawmakers in at least nine states are using Arizona’s immigration law as a test case to craft similar legislation, ratcheting up the pressure on the federal government to act before states enact a patchwork of laws that undercut federal authority.

Arizona’s S1070 opened a door that national anti-illegal immigration advocates had been pushing against for years. Groups such as the Federation for American Immigration Reform and its legal wing, the Immigration Reform Law Institute, have sought for years to create model legislation on illegal immigration that would withstand legal challenges and create a blueprint for states and cities that wanted to follow suit.

Published in the Arizona Capitol Times

Our Melting Pot: Meeting, Eating and Growing Together

The goal of Our Melting Pot is to develop knowledge and appreciation of the diversity of nations from which our students' ancestors came. By creating his/her own Immigration cookbook, students will appreciate their ancestry and learn about how certain foods are incorporated in to life in the United States.

View File

Congress on Border: Big Bill vs. Bits

Published on Mon, Jun 07, 2010

Should they wait for the comprehensive package, gambling that some heretofore elusive breakthrough will land on their plates? Or should they slice off what they can, when they can?

"That's the question everyone is asking right now," said Wendy Sefsaf, a spokeswoman for the Washington, D.C.-based Immigration Policy Center, which advocates a comprehensive approach.

Published in the Arizona Daily Star

How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case

This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals.

Published On: Friday, April 29, 2011 | Download File

Teachable Moment

Immigration policy is a hotly debated issue in the country and in Congress. The immigration bill now before Congress presents a teachable moment for students to consider the pros and cons of a new policy. The reading provides an overview of the bill that originated in the Senate; the DBQ offers multiple points of view on it. Discussion questions about them and an essay assignment follow.

View Link

N.J. Employers, Landlords Being Targeted For Illegals

Published on Thu, Jul 22, 2010

A rough estimate on the number of illegal immigrants residing in the nation as well as New Jersey places the numbers at a minimum of 500,000 in the state, and about 12 million nationwide. The Immigration Policy Center (IPC), the research and policy arm of the American Immigration Council, released a study last year that found illegal immigrants made up 9.2 percent of the state's workforce.

Published in the New Jersey Newsroom

Dent v. Holder and Strategies for Obtaining Documents During Removal Proceedings

This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process.

Published On: Tuesday, June 12, 2012 | Download File

Celebrate America Creative Writing Contest Coordinator Guide 2015

Contest Coordinators the Celebrate America 2015 Guide has everything you need to get a contest started in your community.



Year Released: 2014

View File

View Link