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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 Urges Eighth Circuit to Reject Departure Bar to Review

Released on Mon, Jul 25, 2011

Washington, D.C.— The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief last week urging the Eighth Circuit Court of Appeals to reject the departure bar, a regulation that bars the Board of Immigration Appeals (BIA) from reviewing cases after a person has left the United States. In this case, Macharia v. Holder, No. 11-1962, the Department of Homeland Security (DHS) deported the person while his appeal of an immigration judge’s denial of a motion to reopen his case was still pending. By applying the departure bar, the Board of Immigration Appeals permitted DHS, a party to the case, to exert unilateral control over the litigation. This impermissibly interferes with the respondent’s statutory right to seek administrative and judicial review and to pursue reopening.

The Legal Action Center and NIPNLG have coordinated litigation on issues related to post departure review and adjudication of BIA cases nationwide. Read more about the LAC and NIPNLG’s efforts on the LAC’s website. To date, five circuit courts have found the motion to reopen departure regulation unlawful.
For inquiries contact Brian Yourish at byourish@immcouncil.org.

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What Happens To Immigration Reform Now That The

Published on Tue, Aug 25, 2009

In a USA Today article today crediting Sen. Edward Kennedy (D-MA) for having

Published in the WonkRoom

The Council Applauds Supreme Court Decision Rejecting Retroactive Application of Immigration Law Provision

Released on Thu, Mar 29, 2012

Washington, D.C.—Yesterday morning, the Supreme Court issued an important decision, Vartelas v. Holder, No. 10-1211, rejecting the retroactive application of a provision of a law passed by Congress in 1996 that has prevented many lawful permanent residents (LPRs) from returning to the United States after a trip abroad.  Citing the "deeply rooted presumption" against applying new laws retroactively, the Court ruled 6-3 that LPRs who temporarily leave the country cannot be denied readmission on account of criminal convictions that occurred before the law took effect.   Read more...

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Report: Latinos, Asians pump billions into Colo.

Published on Tue, Aug 04, 2009

An immigration policy group says Latinos and Asians in Colorado have a buying power of nearly $26 billion and their businesses employ more than 53,000 people.

Published in the KJCT News 8

President Obama Provides Moral Imperative for Immigration Reform

Released on Tue, Jan 29, 2013

Washington D.C. - Today, in Las Vegas, President Obama urged the country to join him in moving forward on immigration reform, offering a proposal that addresses the pressing economic, cultural, and moral crisis facing the nation over immigration.  In doing so, he brought policies and principles down to one very important idea—that our American identity is directly tied to our heritage as immigrants and thus we owe it to each other to fix the immigration system once and for all. In laying out a moral and economic imperative for immigration reform, the President argued for a rational and productive debate, free of rancor and fear, reminding Americans that the nation was built by immigrants and “most of us used to be them.” His remarks today follow yesterday’s announcement from the United States Senate that a “gang of eight” bipartisan members have developed a set of principles to move immigration reform forward in the 113th Congress.Read more...

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White House outlines plan for legal immigration

Published on Fri, Nov 13, 2009

The Obama administration will insist on measures to give legal status to illegal immigrants as it pushes early next year for legislation to overhaul the immigration system, Homeland Security Secretary Janet Napolitano said Friday.

Published in the Dallas Morning News

LAC Issues New Practice Advisory on Motions to Suppress in Removal Proceedings

Released on Thu, Aug 15, 2013

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) is pleased to announce the release of a new practice advisory, Motions to Suppress in Removal Proceedings:  Cracking Down on Fourth Amendment Violations by State and Local Law Enforcement Officers.

Increasingly, state and local law enforcement officers are assisting the federal government in immigration enforcement, whether through formal agreements under Section 287(g) of the Immigration and Nationality Act; through participation in Secure Communities and the Criminal Alien Program; through state laws such as those enacted in Arizona, Alabama, and elsewhere; or through policies promoted by local mayors, sheriffs, and police chiefs.  Motions to suppress seek to exclude evidence obtained by such officers in violation of an individual’s constitutional or other legal rights.

The LAC’s new practice advisory deals primarily with Fourth Amendment limitations on state and local immigration enforcement efforts and also briefly addresses Fifth Amendment violations that may arise from the same types of encounters with state and local officers.  It also discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained as a result of a constitutional violation by such officers.Read more...

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Study finds the economy would benefit from legalizing undocumented immigrants

Published on Thu, Jan 14, 2010

Comprehensive immigration reform would produce at least $1.5 trillion in added U.S. gross domestic product over 10 years, according to a new report by a UCLA professor. Based on this report and other studies, Illinois would see significant economic gains from legalizing undocumented immigrants.

Published in the Medill Reports

President’s Executive Actions on Immigration Should Spur Congressional Action

Released on Thu, Nov 06, 2014

Washington D.C. – From the perspective of immigration reformers, Tuesday’s election is unlikely to change the gridlock that has stymied immigration reform for more than 15 years. Since at least 1998, there has been bipartisan agreement that our current immigration system is broken and that Congress must act to fix it. Since then, regardless of who has controlled Congress or the White House, the country has been waiting for the political stars to align in such a way as to make immigration reform a reality. In the meantime, families have been torn apart and our economy has been denied a powerful tool for innovation and entrepreneurship. The reason is clear. Too few of America’s lawmakers have the courage to lead on immigration and too many are content to play politics with this critical issue.

Despite the threat (and likelihood) of political tantrums from those who have consistently blocked reform, the most likely catalyst for change on immigration at this point is bold, decisive leadership by the President of the United States, who re-affirmed yesterday that he would “take whatever lawful actions I can take” by the end of the year. 

President Obama can and must show the way forward by using the tools at his disposal to fix as much of our broken immigration system as he can, and to protect millions of unauthorized immigrants who have built their lives here and contribute to our society and economy, but have no means of attaining legal status under our outdated immigration system.
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