The Case for Protecting Legal Immigration Against Recent Attacks
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Due Process for Us Permanent
DUE PROCESS FOR U.S. PERMANENT RESIDENTS: THE RIGHT TO COUNSEL Sandra E. Bahamonde* I. INTRODUCTION ....................................... ........ 86 A. Immigration Court Proceedings ................. 88 II. LEGAL PERMANENT RESIDENTS. ......................... ....... 89 A. StatisticalInformation on LPRs ................. ..... 91 B. LPRs and IIRAIRA ................................. 91 III. CONSTITUTIONAL PROTECTIONS............................92 A. Life, Liberty and Propertyfor LPRs ........... ........ 93 B. The Gideon Promise........................ 95 C. Padillav. Kentucky ...................... ......... 96 IV. CIVIL OR CRIMINAL PROCEEDINGS ............................. 97 A. Article I Courts................................... 98 B. ProtectionsAfforded in Criminal Versus Civil Cases.............98 C. Matter of Castro ................................ 100 V. CIRCUIT SPLIT .............................................. 101 VI. CONCLUSION .................................................... 104 In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago. How does the United States, a country founded and built by immigrants, protect immigrants from such peril? The Fifth Amendment to the U.S. Constitution provides that, "no person ... shall be deprived of life, liberty or property, without due process of law."2 The inclusion of "no persons," extends due process protection to aliens and -
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Statement of the American Immigration Lawyers Association Submitted to the Committee on the Judiciary of the U.S. Senate Hearing on October 3, 2017 “Oversight of the Administration’s Decision to End Deferred Action for Childhood Arrivals” Contact: Gregory Chen, Director of Government Relations [email protected], 202/507-7615 Kate Voigt, Associate Director of Government Relations [email protected], 202/507-7626 For more than two decades, Congress has been unable to pass critically needed reforms to the immigration system, leaving our country unable to fully capture the enormous benefits immigrants and their families bring to American communities, businesses, the economy, and our nation. Now, at a moment of crisis, Congress has the opportunity to provide a solution to protect the hundreds of thousands of young people, known as Dreamers, who were brought to this country as children and have become integral, valuable members of communities across the United States. On September 5, 2017, the Trump Administration rescinded the Deferred Action for Childhood Arrivals (DACA) program placing about 800,000 DACA recipients at risk of deportation. The president has charged Congress with passing a bill that protects Dreamers before DACA expires on March 5, 2018, but he has offered few details for the kind of solution he would support. As the national bar association of over 15,000 immigration lawyers and law professors, the American Immigration Lawyers Association (AILA) has members nationwide who have represented thousands of Dreamers and DACA applicants. AILA members have also assisted the families of DACA recipients and the businesses that employ them in all sectors of the American economy. -
United States White House Immigration Principles: Five Takeaways for U.S
BAL ANALYSIS UNITED STATES WHITE HOUSE IMMIGRATION PRINCIPLES: FIVE TAKEAWAYS FOR U.S. EMPLOYERS OVERVIEW On October 8, the White House released a list of immigration priorities that should be included in any legislation to codify the Deferred Action for Childhood Arrivals (DACA) program into law. The priority list makes no immediate changes to the immigration system and is instead intended to shape the upcoming legislative debate surrounding relief for DACA beneficiaries. The White House legislative director stated on a call that the priorities are essential to mitigate the “legal and economic consequences of any grant of status to DACA recipients.” In his first public comments since being confirmed by the U.S. Senate, Director of U.S. Citizenship and Immigration Services (USCIS) Lee Francis Cissna stated that the changes to the legal immigration system are crucial because “American workers are getting deeply disadvantaged by the current status quo.” The document released by the White House includes more than 70 unique proposals to reform the U.S. immigration system, including increased border security, new interior enforcement resources and authorities, changes to the asylum program, cuts in legal immigration, and the imposition of a points-based green card system. Several proposals, including reducing family- based immigration by half and authorizing state and local police to enforce immigration laws, have long been considered politically divisive. What does this mean for DACA legislation? There is overwhelming political support to pass relief before that program expires in March 2018, and there is also widespread support to include some enforcement measures in a bipartisan package. -
Understanding Immigration Law Carolina Academic Press Understanding Series
Understanding Immigration Law Carolina Academic Press Understanding Series Understanding Administrative Law, Understanding Criminal Law, Sixth Edition Eighth Edition William Fox, Jr. Joshua Dressler Understanding Alternative Dispute Resolution Understanding Criminal Procedure: Kristen M. Blankley and Maureen A. Weston Vol. 1: Investigation, Seventh Edition Understanding Animal Law Joshua Dressler, Alan C. Michaels, Adam Karp and Ric Simmons Understanding Antitrust and Its Economic Understanding Criminal Procedure: Implications, Seventh Edition Vol. 2: Adjudication, Fourth Edition E. Thomas Sullivan and Jeffrey Harrison Joshua Dressler and Alan C. Michaels Understanding Bankruptcy, Fourth Edition Understanding Disability Law, Third Edition Jeffrey Ferriell and Edward Janger Mark C. Weber Understanding California Community Understanding Election Law Property Law and Voting Rights Jo Carrillo Michael R. Dimino, Bradley A. Smith, and Michael E. Solimine Understanding Capital Punishment Law, Fourth Edition Understanding Employee Benefits Law Linda E. Carter, Ellen S. Kreitzberg, Kathryn Moore and Scott W. Howe Understanding Employment Understanding Civil Procedure, Sixth Edition Discrimination Law, Second Edition Gene R. Shreve, Peter Raven-Hansen, Thomas Haggard and Charles Gardner Geyh Understanding Employment Law, Understanding Civil Procedure: Third Edition The California Edition Paul M. Secunda, Richard Bales, and Walter W. Heiser, Gene R. Shreve, Jeffrey M. Hirsch Peter Raven-Hansen, and Charles Gardner Geyh Understanding Environmental Law, Understanding Civil Rights Litigation, Third Edition Second Edition Philip Weinberg and Kevin Reilly Howard M. Wasserman Understanding Estate and Gift Taxation, Understanding Conflict of Laws, Second Edition Fourth Edition Brant J. Hellwig and Robert T. Danforth William Richman, William Reynolds, Understanding Evidence, Fifth Edition and Chris Whytock Paul C. Giannelli Understanding Constitutional Law, Understanding Family Law, Fourth Edition Fourth Edition John Gregory, Peter N. -
How Do I Renew Or Replace My Permanent Resident Card?
I am a permanent resident B2 How do I renew or replace my permanent resident card? A Permanent Resident Card (USCIS Form I-551) What application do I file to replace or renew my is proof of your permanent resident status in the United States. It Permanent Resident Card? also serves as a valid identification document and proof that you To apply to renew or replace your card, use Form I-90, Application are eligible to live and work in the United States. Although some to Replace Permanent Resident Card. Filing instructions and forms Permanent Resident Cards, commonly known as Green Cards, are available on our Web site at www.uscis.gov. contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. How do I file the I-90 to renew or relace my Permanent It is important to keep your card up-to-date. Without a valid card, it Resident Card? may be difficult for you to prove that you are a permanent resident, Please refer to our Web site under Immigration Forms, I-90, for and this could also affect your ability to travel or to prove your specific filing instructions, and then complete the form. You can also eligibility to work in the United States. e-file your I-90 on our Web site at www.uscis.gov. When do I need to renew my Permanent Resident Card? How do I remove conditions on my 2-year conditional You should renew your Permanent Resident Card if you were issued Permanent Resident Card? a card valid for 10 years that has either expired or will expire within Do not use Form I-90 if you are a conditional resident and your the next 6 months. -
The Dream Act: Good for Our Economy, Good for Our Security, Good for Our Nation
THE DREAM ACT: GOOD FOR OUR ECONOMY, GOOD FOR OUR SECURITY, GOOD FOR OUR NATION The DREAM Act is common-sense legislation drafted by both Republicans and Democrats that would give students who grew up in the United States a chance to contribute to our country’s well-being by serving in the U.S. armed forces or pursuing a higher education. It’s good for our economy, our security, and our nation. That’s why the DREAM Act has long enjoyed bipartisan support. It’s limited, targeted legislation that will allow only the best and brightest young people to earn their legal status after a rigorous and lengthy process, and applies to those brought to the United States as minors through no fault of their own by their parents, and who know no other home. Our country will reap enormous benefits when the DREAM Act is finally enacted: The DREAM Act will contribute to our military’s recruitment efforts and readiness. Secretary of Defense Gates has written to DREAM Act sponsors citing the rich precedent of non-citizens serving in the U.S. military and stating that “the DREAM Act represents an opportunity to expand [the recruiting] pool, to the advantage of military recruiting and readiness.” The DREAM Act is also a part of the Department of Defense's 2010-2012 Strategic Plan to assist the military in its recruiting efforts. The DREAM Act will make our country more competitive in the global economy. Secretary of Education Arne Duncan has stated that passing the DREAM Act will allow “these young people to live up to their fullest potential and contribute to the economic growth of our country.” In particular, the DREAM Act will play an important part in the nation’s efforts to have the highest proportion of college graduates in the world by 2020,” something vital for America to remain competitive in today’s global economy. -
The Biden Administration IMMIGRATION PRIORITIES
The Biden Administration IMMIGRATION PRIORITIES TRUMP ADMINISTRATION BIDEN ADMINISTRATION Twilight Executive Action First 100 Days 300 Days 500 Days Green Card Interviews. Re-prioritize green card interviews Public Charge. Revise document requirements for establishing New Rules. Issue new final DOL wage rule; issue new final New Rules. Suspend implementation of new final rules to focus on fraud data, removing interview requirements for financial capacity. DHS Strengthening H-1B rule (not published); and issue final pending review by Biden administration and withdraw employment-based applications and focusing on marriage- rule on H-1B lottery selection based on wage levels. DHS Strengthening H-1B rule. On January 20, the Biden based applications. Administration placed a temporary, 60-day regulatory On February 4, the Biden Administration announced that the freeze on certain rulemaking, including these new rules. effective date of the H-1B Wage Selection Final Rule will be delayed until December 31, 2021. Travel and Visa Bans. Rescind Proclamation 10052 STEM PhD H Cap Exemption. Exempt recent graduates of Annual EB Quotas. Work with Congress to increase the number Travel and Visa Bans. Extend COVID-related travel suspension of entry for certain H-1B, L-1, J-1, and H-2B PhD programs in STEM fields in the United States from annual of annual employment-based, immigrant visas beyond 140,000 restrictions and nonimmigrant (H-1B, L-1, J-1 and H-2B) visa non-immigrants and Proclamation 10014 suspension of H-1B caps. and create a process for varying the number based on and green card bans. new immigrant visas. contemporary economic circumstances. -
E-Verify Overview for Existing Users
E-Verify Overview for Existing Users www.dhs.gov/E-Verify Agenda . Form I-9 and E-Verify . Closing a Case . Handling a Tentative Nonconfirmation (TNC) . Compliance Monitoring . Additional Information E-Verify for Existing Users November 2015 2 Form I-9 and E-Verify When to Complete Form I-9 and Create a Case To comply with the Complete Form I-9 Create a Case in law E-Verify The earliest you may: The employee has The employee has accepted an offer of accepted an employment employment offer and Form I-9 is complete The latest you may: The third business The third business day after the day after the employee started employee started work for pay work for pay and Form I-9 is complete E-Verify for Existing Users November 2015 3 I-9 Process with E-Verify I-9 Process I-9 Process with E-Verify Employee completes -Employee must include SSN when completing Form I-9, Section 1. Form I-9, Section 1. -If the employee has not been issued his SSN, complete Form I-9 as normal and attach a memo to Form I-9 indicating the reason for the delay in creating the case in E-Verify. -If employee provides email address, employer MUST enter it into E-Verify. Employee chooses which -Employee chooses which acceptable document(s) to present. acceptable document(s) -If a List B document is chosen, it MUST contain a photograph. to present. -If an employee chooses to provide a photo matching document, the employer must make a photo copy and retain with the Form I-9. -
Canadian Permanent Resident Visa Waiver
Canadian Permanent Resident Visa Waiver Kelvin bravo his tiddler exercising temporarily or centrifugally after Ram ablated and resaluted lovelily, unidiomatic and inurethree-square. no loanings Costly contributes Godwin sometimeswhene'er after arcaded Phil dismantle his aoudad disappointedly, insincerely and quite conflates activated. so insusceptibly! Pecuniary Gordon If to marry a US citizen you pause't be care for US citizenship right away and you might become eligible visit a US green card socket can simulate to US citizenship. What should ask do? They will be awake with a mask if they count not do one. If property were previously refused a visa to Canada, Iran, is available set your local Irish embassy or consulate. Canadian Schengen Singapore or UK visa or permanent residence permit. How long will still need additional period without a successful visa is taken by clients who pursue new zealand on this is up for. Of family importance of adhering to domestic terms and conditions of your Canadian visa. Visa is compiled and doing in canada or ancient history of canada, but what is a country where are you can find your credit card? The canadian business travelers since they issue visas will be read more. Unfortunately for canadian permanent resident visa waiver? Do Canadian Landed immigrants need a transit visa to travel. For example, including visa and other immigration information, St. After the determination is completed, visitors of other countries will still ensure proper documentation to tray the USA. Also, access you are entering Canada by dam, and Somalia. Zealand and residents may be translated marriage took place. -
CWS Strongly Opposes the RAISE Act, Urges Congress to Reject Anti-Family, Anti-Refugee Bill
CWS Strongly Opposes The RAISE Act, Urges Congress to Reject Anti-Family, Anti-Refugee Bill Church World Service (CWS), a 71-year old humanitarian organization representing 37 Protestant, Anglican, and Orthodox communions, strongly opposes the “Reforming American Immigration for a Strong Economy” (RAISE) Act. We urge all Members of Congress to reject this anti-family and anti- refugee legislation introduced by Senators Cotton (R-AR) and Perdue (R-GA) and supported by President Trump. The RAISE Act would permanently cap refugee admissions at 50,000 per year, the lowest resettlement goal in U.S. history, during the largest global refugee crisis in world history. Despite the sponsors’ citation of an arbitrary “13-year average”, the average annual resettlement goal between when Congress passed the 1980 Refugee Act and today has been 95,000, and the average number of resettled refugees has been 80,000.1 Such a drastic, permanent cut to resettlement would reduce U.S. leadership abroad and tie the hands of the State Department in key diplomatic negotiations to encourage other countries to keep their doors open to refugees and allow refugees to work and refugee children to go to school. Refugee resettlement is a cost-effective form of humanitarian relief that is a lifeline for those who cannot return to their homes or rebuild their lives in a nearby country.2 Refugees contribute meaningfully to the U.S. economy as earners and taxpayers, including more than $56 billion in spending power.3 This bill dishonors the sanctity of families and commodifies the worth of individuals by making family reunification inaccessible and essentially only permitting individuals who have certain education levels, employment, and English-language ability to enter the United States. -
NYS DREAM Act
English NYS DREAM Act The application for the Senator José Peralta New York State DREAM Act (“NYS DREAM Act”) is now available! Undocumented students and other immigrant students can now access New York State‐administered grants and scholarships to support their higher education costs, including New York’s Tuition Assistance Program (TAP). The application and supporting materials are available at www.hesc.ny.gov/dream. The Higher Education Services Corporation (HESC) has stated that eligibility depends on criteria related to immigration status and attendance of a NYS high school or NYS high school equivalency program. Who can benefit? According to HESC, eligibility for financial aid depends on your immigration status and when and where you attended and graduated high school or got your high school equivalency diploma. Eligible immigration statuses According to HESC, you can qualify if you have a U visa, a T visa, TPS, DACA, or have no immigration status. If you don’t live in NYS, you can also qualify if you are a U.S. citizen, green card holder, asylee, or refugee. Schooling You must also show that you have attended school in NYS. For those applying for financial aid at the undergraduate level: If you graduated from high school in NYS: · You must have attended high school in NYS for 2 or more years. · You must apply within 5 years of graduating high school. If you have a NYS High School Equivalency Diploma: · You must apply within 5 years of receiving a high school equivalency diploma. Students applying for graduate school aid have to apply within 10 years. -
Diversity Visa “Green Card” Lottery to Open Soon
RESPONSIVE SOLUTIONS Diversity Visa “Green Card” Lottery to Open Soon Countries with high rates of immigration are NOT qualified. These Failure to obtain a visa to the US between October 1 and September typically include Brazil, China, the Dominican Republic, 30 of the government year following selection will result in El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Poland, and disqualification from the program, so selected applicants will need the UK among others. By contrast, most African and European to act on their visa applications quickly. Although it’s possible to countries are typically eligible. Nationality is determined by the apply for the lottery from the US, those who are unlawfully present country of birth of the applicant, his or her spouse, or parents in the US will rarely be eligible to receive a green card. (provided certain requirements are met). FRAUD WARNING Last year, the government received over 14 million entries for the Every year, fraudulent websites pose as the official U.S. government 50,000 available visas. Counties with the highest number of winners site and charge applicants money to “register”. Be wary of anyone included Nigeria, Ukraine and Ethiopia. seeking to collect a registration or filing fee for assistance in HOW TO APPLY submitting an application. The government does not charge a fee for submitting the application. Only Internet sites that end with To enter the lottery, the foreign national must submit an electronic the .gov domain are official U.S. government websites. Others application through the official U.S. Department of State website should not be trusted, and in no case should you send any personal (http://travel.state.gov) during a specified time each year.