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The LAC Docket | Vol. V, Issue 3

The Newsletter of the American Immigration Council 

June 17, 2015

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OUR WORK

Enforcement

 

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LAC Issues Practice Advisory on DHS’s Plan to Review all Removal Cases for Prosecutorial Discretion

Released on Fri, Sep 09, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) is pleased to announce the release of a new practice advisory: “DHS Review of Low Priority Cases for Prosecutorial Discretion.” Following an announcement on August 18, 2011, a joint Department of Homeland Security (DHS)-Department of Justice (DOJ) working group has been established to review all pending removal cases and to administratively close those cases that do not fall within the agency’s highest immigration enforcement priorities, namely, national security, public safety, border security and the integrity of the immigration system. This Practice Advisory details information that is known to date about the review and includes suggested steps that attorneys can take to ensure that DHS has the information it needs to determine that a client’s case is “low priority.”

For a complete list of all LAC Practice Advisories, please visit our website.

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Va., Md. place in top 10 for naturalizations

Published on Thu, Aug 20, 2009

Virginia and Maryland were two of the most popular states last year for foreign nationals who wanted to become U.S. citizens.

Published in the Washington Examiner

Dream Come True: Obama Administration Announces Relief for DREAMers

Released on Fri, Jun 15, 2012

Washington. D.C. - The American Immigration Council applauds today’s announcement by the Obama administration that it will grant deferred action to undocumented youth who were brought to the United States as small children and who have been raised and educated in communities around the country. Today's announcement builds on the prosecutorial discretion initiatives already undertaken by the White House and Department of Homeland Security (DHS) and was done to ensure that eligible young people do not fall through the cracks, that resources are used wisely, and that humanitarian factors are considered when enforcing our immigration laws. Read more...

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AILF Creative Writing Contest Winners

Published on Thu, May 21, 2009

Today, the American Immigration Law Foundation (AILF) announced Olivia Chiu, 11 of South Pasadena, CA, as the first place winner of the 2009 "Celebrate America" Creative Writing Contest.

Published in the IMMIGRATION PROF BLOG

Eleventh Circuit Holds that Filing Limitations on Motions to Reopen Are Subject to Equitable Tolling

Released on Tue, Apr 23, 2013

For Immediate Release

Washington, D.C. – Over the last two weeks, the Eleventh Circuit issued two decisions holding that the time and numerical limitations on motions to reopen are subject to equitable tolling. Noncitizens ordered removed in the Eleventh Circuit now may seek, under certain circumstances, to reopen their cases even if they already have filed a motion to reopen or the applicable deadline for filing motions has passed.

In Avila-Santoyo v. Holder, — F.3d. —, No. 11-14941 (11th Cir. Apr. 12, 2013) (en banc), the court granted rehearing en banc and overturned Circuit precedent that had barred equitable tolling, finding that the filing deadline is not jurisdictional and may thus be tolled. The court also granted rehearing and issued a unanimous panel decision in Ruiz-Turcios v. Holder, — F.3d. —, No. 12-11503 (11th Cir. Apr. 19, 2013), holding that the numerical limitation on motions to reopen (i.e., the one motion rule) may be tolled. The LAC and the National Immigration Project of the National Lawyers Guild submitted an amicus brief in support of the petition for rehearing in Ruiz-Turcios.Read more...

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Iowa's immigrants have economic power

Published on Fri, Dec 25, 2009

The politics of division is the theme for a vocal minority who continue to spread lies and hate instead of offering real solutions for our broken immigration system. But reality and facts tell a different story.

Published in the Des Moines Register

American Immigration Council Files BALCA Brief Challenging Unfair DOL Process

Released on Fri, Nov 08, 2013

Yesterday, the American Immigration Council, in collaboration with AILA, filed an amicus brief in an en banc case pending before the Board of Alien Labor Certification Appeals (BALCA), an administrative body at the Department of Labor (DOL) that reviews denials of PERM labor certifications.  The case involves a regulation that requires employers to notify certain U.S. employees that they have laid off about new job opportunities before the employers are permitted to hire foreign workers.   

The focus of the amicus brief is the agency’s failure to provide fair warning about its interpretation of the notification requirement before applying a new, more restrictive interpretation.  The Department is notorious for failing to provide guidance and leaving it to employers to guess at what processes the Department will find to be in compliance with the regulations.  Here, the Department offered no guidance, but, through a pattern of decision making, established a practice of approving certain notification procedures.  Amici argue that the Department acts arbitrarily and violates due process when it does an about face without giving prior notice. 

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For more information, contact Wendy Feliz at wfeliz@immcouncil.org or 202-507-7524.

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Cheers & Jeers: From Cape Cod to Haiti

Published on Fri, Feb 19, 2010

"What is clear, however, is that the United States cannot fully rebuild a strong, robust economy on top of a broken immigration system," said Wendy Sefsaf of the Immigration Policy Center in Washington, D.C.

 

Published in the Cap Code Times

A Guide to President Obama's Immigration Accountability Executive Action

Released on Tue, Nov 25, 2014

Washington D.C. - On November 20 and 21, 2014, President Obama announced his “immigration accountability executive action,” which includes a series of measures that are first steps towards common-sense reforms to an outdated immigration system. The series of executive actions presented by the administration range from new temporary immigration protections for many unauthorized parents of U.S. citizens and lawful permanent residents to highly technical regulatory proposals to fix outdated visa provisions. 

The series of changes, updates, and temporary measures relies on the expansion of successfully implemented programs, enhanced efforts to coordinate immigration enforcement and benefit policies across agencies, and attempts to use immigration as a tool of economic and social change. At the same time, the policies reflect the limits of executive authority, in many cases offering temporary respites until Congress definitively acts to reform the law. This guide from the American Immigration Council puts the issues in context, explaining what we know about the executive actions thus far, what the President’s legal authority is for these actions, and some of the history and background that preceded the announcement.

To view the guide in its entirety, see:Read more...

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