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Legalization

Grassley Fears Secret Plan For ‘Defacto Amnesty’

Published on Tue, Jul 27, 2010

Giovagnoli said the Republican Senators are helping “perpetuate an urban legend of massive proportions,” calling the idea that the president could use some sort of backdoor method to legalize millions of undocumented immigrants, “extremely far fetched.”

“The resources and tools needed to make something like this happen just aren’t there, especially because any kind of mass program like the one envisioned in this letter would essentially require a registration and reviewing process to determine who was actually qualified to remain,” Giovagnoli said in a piece last month for AlterNet.org. “Absent legislative action, the financial resources needed to carry out something of this scope would be difficult to procure.”

Published in the Iowa Independent

BIA Procedures

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AILF and AILA Comment on EOIR’S Proposed Rule on “Streamlining”
AILF and AILA’s comment on the proposed rule, “Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents,” emphasizes the need for continued federal court oversight of the use of the “affirmance without opinion” procedure; it also objects to EOIR’s proposal to allow to permanent members of the BIA issue precedent decisions. The comment was submitted on August 18, 2008.

Timeliness of BIA Appeal

The LAC argues in this amicus brief that the Board has the authority to consider a late appeal in unique circumstances and that the failure of a guaranteed overnight delivery service to deliver the appeal on time constitutes a “unique” circumstance justifying acceptance of the late appeal.

  • Liadov, et al v. Gonzales            8th Circuit                        No. 06-3522

Ineffective Assistance of Counsel

The LAC has long worked to protect the right to effective assistance of counsel in removal proceedings. Read more about our efforts at our Ineffective Assistance of Counsel advocacy page.

Lessons for Students in Waking in Oak Creek

On the morning of August 5, 2012, six worshippers were murdered at a Sikh temple in the small Midwestern town of Oak Creek, Wisconsin. Many of the persons present at the time of the shooting were women and children. The lone gunman identified himself as a white supremacist. The senseless violence was halted by the bravery of Lieutenant Brian Murphy, shot 15 times during the attack. Too often we hear similar stories of hate and racism and less frequently do we hear about how families of victims, schools and communities come together to grieve and to remember, to rebuild and work together to ensure that such violence doesn’t happen again. 

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Year Released: 2016

Illegal Immigrants Account for 8% of U.S. Newborns, Study Shows

Published on Thu, Aug 12, 2010

Because some of these children have one parent who is a legal resident, the Pew study doesn’t bolster the argument to change the 14th amendment, said the Immigration Policy Center, a Washington-based organization that opposes Graham’s initiative.

Published in the Bloomberg

Fair Procedures in Immigration Court

For far too long, immigration courts have failed to provide a fair, efficient and effective system of justice for noncitizens in this country. Through advocacy and litigation, the American Immigration Council works to ensure all noncitizens have a meaningful opportunity to be heard. The Council also has issued a number of practice advisories regarding immigration court and Board of Immigration Appeals procedures.

CASES | ADVOCACY | RESOURCES

CASES

Immigration Judges’ Duty to Develop the Record

In re C-C-C- (BIA amicus brief filed Aug. 17, 2015): The Council submitted an amicus brief arguing that immigration judges’ duty to develop the record is particularly important in pro se litigants’ cases, and that this duty requires immigration judges to provide noncitizens with information about the types of relief they are seeking and to actively elicit relevant information.

Pro Se Waivers of Appeal

Romero-Escobar v. Holder (9th Cir. amicus brief in support of petition for rehearing filed Apr. 16, 2015): The Council and the National Immigration Project of the National Lawyers Guild submitted an amicus brief in support of rehearing addressing immigration judges’ duty, in pro se cases, to fully inform litigants of the consequences of their legal decisions and to ensure that any waivers of appeal are knowing and intelligent. The Ninth Circuit denied the petition for rehearing in a non-precedent decision.

Group HearingsRead more...

Which Side Will Get the Blame for the Failure of Immigration Reform?

Published on Tue, Oct 12, 2010

“Immigration is a Rubik’s Cube really; in order to solve the puzzle, you can’t just be focused on one side of it,” [the Immigration Policy Center's Mary] Giovagnoli says. “What we’ve done is focus exclusively on one side of the puzzle, the interior-border-enforcement side of things.” [...]

Published in the The Washington Independent

Litigation Clearinghouse Newsletter Vol. 3, No. 8

This issue covers class certification in two cases, one involving religious workers and the other surviving spouses; recently filed CSPA suits; the Supreme Court's decision to hear a 9/11 detainee Bivens action; and a request for lawyer declarations in a FOIA suit.

Published On: Thursday, July 10, 2008 | Download File

Ritter OKs ICE program

Published on Wed, Jan 05, 2011

Late last year, representatives of the Immigration Policy Center of the American Immigration Council, harsh critics of Secure Communities, applauded Ritter’s approach to the program and said it could serve as a model to other states that are unwilling to accept ICE’s conditions for participation. But that did not soften criticisms from some factions in Colorado.

Published in the The Pueblo Cheiftan