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You Can Go Home Again Why There's No Need For "Safe Departure" Border Checkpoints For Illegal Immigrants

Published on Thu, Jul 29, 2010

Explainer thanks Cheryl David of the American Immigration Lawyers Association, Benjamin Johnson of the American Immigration Council, Audrey Singer of the Brookings Institution, and Jessica Vaughan of the Center for Immigration Studies.

Published in the Slate

Child Status Protection Act

The Child Status Protection Act (CSPA), Pub. L. No. 107-208 (Aug. 6, 2002), provides relief to children who “age-out” as a result of delays by the U.S. Citizenship and Immigration Services (USCIS) in processing visa petitions and asylum and refugee applications. A child “ages-out” when he or she turns 21 and loses the preferential immigration treatment provided to children. The primary benefit of the CSPA is an age preservation formula for calculating the age of a beneficiary of preference visa petition. This formula allows some beneficiaries to preserve their age as under 21 even if, chronologically, they are over 21. In this way, a child can remain a beneficiary on a pending visa petition despite having aged-out. In its CSPA litigation, the Council has argued for a broad interpretation of the act, consistent with its ameliorative purpose.

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Meaning of INA § 203(h)(1)

One requirement of the age-preservation formula of the CSPA is that the beneficiary must have “sought to acquire” lawful permanent resident status within one year of the visa becoming available. The Council argues for a broad interpretation of “sought to acquire,” and that the term should not be limited to filing adjustment of status or consular processing forms. Read more...

Book Review of Untwine by Edwidge Danticat

The accident, which opens the novel, is enough to get any reader — young or old— hooked on its plot. The blend of lyrical, poetic language with the at times sarcastic, witty teenage dialogue keeps it fresh and uniquely told. Untwine by Edwidge Danticat is a novel that probes fantastically into identity, loss, grief, and resilience with a gripping storyline.  

Read more...

Year Released: 2016

Democrats Reach Out to Hispanics on Immigration Bill

Published on Thu, Sep 16, 2010

Latinos are now one-quarter of Nevada’s population and nearly 12 percent of voters, according to the Immigration Policy Center, a research group in Washington. Their strong turnout in 2008 swung the state for Mr. Obama. While Ms. Angle has not focused on Latinos, Senator Reid has been running Spanish-language ads and attending rallies, declaring his commitment to the immigration overhaul.

Published in the New York Times

Access to Counsel Before DHS

The American Immigration Council has long advocated for the right to counsel in immigration settings. In addition to advocating for legal representation in immigration courts, the Council recognizes the importance of counsel to immigrants appearing before the Department of Homeland Security (DHS). Yet the thousands of immigrants who are required to appear at DHS immigration examinations or proceedings every year often face barriers to accessing counsel. Although federal law clearly provides a right to legal representation in many proceedings before DHS, that right is often unrecognized, restricted, or denied.

The Council has worked towards greater access to counsel before DHS and increased transparency in DHS’s access to counsel policies through administrative advocacy and FOIA litigation.

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FOIA Suits Seeking DHS Access to Counsel Records

The Council has filed three lawsuits against DHS to compel the release of records relating to noncitizens’ access to counsel before USCIS, CBP, and ICE. The Council initially pursued disclosure of these records through FOIA requests filed in March 2011.

Dorsey & Whitney LLP is co-counsel with the Council on these FOIA cases.

Suit Against ICERead more...

State Representative Launches ‘Anchor Baby’ Task Force

Published on Tue, Oct 19, 2010

Wendy Sefsaf, communications director for the American Immigration Council, said there is no proof illegal immigrants come here to have children, only anecdotal stories in articles and newspapers.

“There’s no absolute proof someone would come here and have a baby,” said Ms. Sefsaf. “That baby couldn’t do anything for you until it’s 21 years old, and then sponsor you for permanent residence which could take 10 to 20 years. It’s an imagined problem.”

Ms. Sefsaf also questioned Mr. Metcalfe’s claim the 14th Amendment is being “misapplied” because the original debates around the amendment talked about both rights for African-Americans and for Chinese immigrants.

“It was very purposely passed and set up to take into account both African-Americans and immigrants,” she said. “It’s being applied exactly as it was intended.”

She said illegal immigrants primarily come to the United States for economic reasons, not to have children here.

“It’s almost invariably for economic reasons. We do have a broken immigration system, and we do need to address it comprehensively and fix it, but these patchwork solutions don’t get us anywhere near where we need to be to fix the system,” said Ms. Sefsaf.

Published in the Pennsylvania Independent

Litigation Clearinghouse Newsletter Vol. 3, No. 6

This issue covers a suit challenging the transfer of detainees following the ICE raid in Iowa, a suit seeking to recover fees paid by TPS registrants, the settlement agreement in a natz delay/SSI restoration class action, a Supreme Court decision in a criminal sentencing case, and en banc review of an aggravated felony decision.

Published On: Wednesday, May 21, 2008 | Download File

More states push for stricter immigration laws

Published on Tue, Jan 18, 2011

In explaining these somewhat contradictory findings, Wendy Sefsaf, the communications director of the American Immigration Council, said, “We have to dig beneath the surface. Americans want solutions, even if sometimes they are bad ones or not really solutions at all.”

Published in the Homeland Security Newswire