This issue covers SSI litigation, motions to reopen filed by people who have left the United States, lawsuits challenging detention at the Hutto facility, new Litigation Clearinghouse issue pages, and a district court decision finding jurisdiction to review an adjustment of status denial.
May's newsletter features Egoitz Iturrixa Zubiri of Spain as our exchange visitor of the month and explores American culture through Memorial Day and it's connection to our immigrant past and present. A brief discussion of AILF's outbound exchange to Poland is also included.
SALT LAKE CITY – Liberal immigration activists are looking to Utah as a compassionate and logical model for shaping the nation's future policies toward illegal immigrants.
Utah leaders — including government, education, business and religious groups — came together last fall to draft a set of principles to guide the immigration debate in the state. Those guidelines, known as the Utah Compact, state in part that illegal immigrants are essential to the economy and deserving of respect.
The recommendations are credited with helping pass immigration changes last month in the Utah Legislature that included enforcement revisions and a guest worker program.
"The leadership in Utah, through the Compact, changed the debate around the country," said Ali Noorani, executive director of the Washington, D.C.-based National Immigration Forum. "It's clear the Compact has struck a chord with the silent majority that wants reform."
Noorani is working with Utah officials to create a national version of the plan, which could be announced as early as this summer.
Opponents say the approach will lead to amnesty programs that only benefit big business and caution it will lead to more illegal immigration...
Wendy Sefsaf, of the Washington, D.C.-based American Immigration Council, also points out another reason for skepticism. Even if the principles are laudable, she said, the results in Utah "did not live up to it" because it will create second-class workers who are not citizens.
Still, Utah does provide a starting point.
"We all have aspirational goals, and the compact has great aspirations," Sefsaf said. "But most states are just reacting. Utah at least tried something that wasn't just about deporting people."
This issue covers lawsuits challenging Arizona’s immigration enforcement law SB 1070; two Supreme Court decisions issued this spring involving immigrants; a lawsuit challenging continued detention after the expiration of a detainer; an overview of several “material support” mandamus cases challenging delay in adjudicating adjustment applications, and important reminders from the LAC (including dates and locations for the Council’s litigation and detention meetings at AILA’s Annual Conference, as well as LAC litigation and practice advisory updates).
Massachusetts governor Deval Patrick yesterday became the third Democratic governor in a little more than a month to reject Secure Communities, an immigration enforcement program that has become a cornerstone of President Barack Obama's immigration policy.
The program, initiated in 2008 under President Bush, conjoins local law enforcement and federal immigration enforcement by giving the Department of Homeland Security access to the fingerprints of people who are arrested, which gives the government grounds to initiate deportation proceedings against immigrants who have committed deportable offenses. Obama has touted the program as a tool to punish immigrants convicted of serious crimes.
But Patrick, like New York governor Andrew Cuomo and Illinois governor Pat Quinn before him, moved to withdraw his state from the program because he said it shatters families by ensnaring too many lower-level offenders and breeds distrust of law enforcement. The decision reflects a growing disconnect between the priorities of the Obama administration, which has presided over a record number of deportations and views tough enforcement as a means of winning eventual Republican support for overhauling immigration law, and state and local officials who see some measures as overly harsh and arbitrary.
"The actions of the governors of Massachusetts, New York and Illinois are clear evidence that president Obama has been misguided in his enforcement strategy, particularly where Secure Communities comes in," said Jacki Esposito, director of immigration advocacy for the New York Immigrant Coalition. "The actions by these governors are clear signs that Obama must take executive action to reverse course."Read more...
With over 58,000 employees, U.S. Customs and Border Protection, the largest law enforcement agency in the United States, has significantly expanded its immigration-related activities since 2009. Credible reports of abuses by Border Patrol agents and other CBP officers have fostered increased litigation in recent years. This Litigation Issue Page highlights challenges to CBP misconduct and related FOIA lawsuits.
Proposed Class Challenges Unconstitutional Stops and Interrogations by Border Patrol Agents in Washington State Jose Sanchez, et al. v. U.S. Office of Border Patrol, et al., No. 2:12-cv-00735 (W.D.Wa. filed April 26, 2012)
The Northwest Immigrant Rights Project (NWIRP) and the ACLU of Washington, in collaboration with Perkins Coie LLP, filed a class action lawsuit alleging that the Border Patrol’s practice of stopping vehicles on the Olympic Peninsula and interrogating occupants without legal justification violates their constitutional rights.Read more...
The Exchange Visitor Program is pleased to announce Yohei Nagata as July'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, explore American culture or share in his/her own culture. Read more...
Kawashima v. Holder, 565 U.S. ___, 132 S. Ct. 1166 (2012).
In a 6-3 decision written by Justice Thomas, the Supreme Court affirmed a Ninth Circuit decision holding that convictions for committing and aiding tax evasion in which the Government’s loss exceeds $10,000 qualify as aggravated felonies under INA § 101(a)(43)(M)(i) and therefore, are deportable offenses. In so holding, the Court resolved a circuit split between the Third and Ninth Circuits in favor of the latter. Compare Ki Se Lee v. Ashcroft, 368 F.3d 218 (3d Cir. 2004) with Kawashima v. Holder, 615 F.3d 1043 (9th Cir. 2010).
The Court began its analysis by stating that it will employ the categorical approach by looking to the statutory definition of the crime rather than the specific facts of the case. See Gonzales v. Duenas-Alvarez, 549 U.S. 183, 186 (2007). First, the Court found that the elements of the tax crimes at issue, 26 U.S.C. § 7206(1) and (2), clearly establish that commission of the crimes involves fraud or deceit. Second, the Court addressed the Petitioners’ argument that INA § 101(a)(43)(M)(i) must be read in conjunction with INA § 101(a)(43)(M)(ii), and because clause (ii) references a specific tax crime (not at issue here), Congress did not intend clause (i) to cover tax crimes as well. The Court rejected that argument, concluding that the two clauses are not mutually exclusive and thus tax crimes are not excluded from clause (i).
Justice Ginsburg, joined by Justices Breyer and Kagan, issued a dissent in which she challenged the Court’s “dubious” statutory interpretation.