American Immigration Council

As U.S. Senate Prepares to Vote, State Lawmakers Urge Passage

Released on Thu, Dec 16, 2010

Washington D.C. - Today, a group of state legislators from Colorado, Massachusetts, Maine, Texas, and Utah participated in a briefing to share their support for federal legislation know as the DREAM Act. The bi-partisan DREAM Act passed the House of Representatives and awaits a final vote in the Senate in the days ahead. The DREAM Act offers undocumented students the opportunity to gain legal status after completing two years of college or military service, in addition to other requirements. The Migration Policy Institute estimates that 755,000 of the 1.9 million eligible unauthorized immigrants would likely satisfy the DREAM Act's postsecondary or military requirements and obtain legal permanent status. 

The state legislators convened by Progressive State Action and the Immigration Policy Center discussed what's at stake for their individual states, how the DREAM Act would benefit local communities, and why they are strongly urging their U.S. Senators to vote in favor of the bill.

State Representative Diane Russell of Maine said "Passing the DREAM Act is a great example of a common sense proposal. It expands opportunity for all our residents - a goal that I know resonates with many Maine voters, including my colleagues in the U.S. Senate. We should not be punishing young people for their parent's decision to come to this country illegally. That said, we do need to find a realistic way to bring those young people into the fold and onto the books without "getting ahead of the line." The DREAM Act is precisely the kind of common sense policy that would do so that is good for Maine's economy, its residents and our communities."
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Released on Thu, Oct 07, 2010

Washington D.C. - In a continuing effort to promote greater federal court oversight of immigration decision-making, the American Immigration Council's Legal Action Center (LAC) recently submitted amicus (friend of the court) briefs in two cases involving motions to reopen. For noncitizens facing removal from the United States, a motion to reopen (an opportunity to present new evidence in a case) may be the last and only way to pursue their claims for lawful residency in the United States. Failure to grant such a motion might prevent anyone - from an asylum seeker to a U.S. citizen's family member - from presenting new evidence that could prevent deportation.  Yet, although the federal courts are the last chance for redress, they frequently refuse to hear claims that immigration courts and the Board of Immigration Appeals abuse their discretion when they deny motions to reopen.

The LAC argument is based on the U.S. Supreme Court's recent decision in Kucana v. Holder that the Board of Immigration Appeals cannot shield its decisions from judicial review by labeling these decisions "discretionary." Only Congress can limit court review of motions to reopen, and it has not done so.

Given the gravity of removal from the United States, the high volume of immigration court cases, and the reality that most noncitizens do not have lawyers (only 39% of noncitizens were represented in immigration court in 2009), federal court oversight is critical to ensure due process.  For an immigration system that is widely understood to be plagued with errors, judicial checks and balances are especially critical.Read more...

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Released on Tue, Oct 05, 2010

Washington D.C. - The American Immigration Council has joined a number of organizations in formally commenting on a proposed detainer policy issued by Immigration and Customs Enforcement (ICE). Detainers are requests from ICE to local law enforcement agencies (LEAs) to hold people - whom they suspect may be in the country illegally or who may be deportable for other reasons - so they can be transferred into ICE's custody. There has been much criticism about how ICE uses detainers, and the use of detainers has expanded over time with enforcement programs like 287(g), Secure Communities, and the Criminal Alien Program. To address the criticisms, ICE developed new draft guidelines on the issuance of detainers.
 
The Immigration Council acknowledges ICE's attempt to ameliorate its detainer policies and is grateful for the opportunity to comment.  However, the comments identify several major problems with the proposed guidance, including:

• The proposed guidelines do not reflect ICE's stated enforcement priorities.  In July, ICE issued a memo on its enforcement priorities, focusing on immigrants with serious criminal histories.  ICE's proposed detainer guidelines contradict those priorities.  Although ICE claims to target convicted criminals who pose a threat to public safety, the proposed guidance would allow ICE to issue detainers against people arrested for minor offenses and suspects charged with crimes but not convicted.
  

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Menendez-Leahy Bill Another Step Forward

Released on Thu, Sep 30, 2010

Washington D.C. - On Wednesday, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced S.B. 3932, The Comprehensive Immigration Reform Act of 2010. The bill takes a broad approach to solving the wide range of problems that plague our broken immigration system. It offers proposals on border, interior, and worksite enforcement, on legalization, and on future flows of immigration. Now the Senate and House both have a vehicle (Congressman Luis Gutierrez previously introduced a CIR bill in the House last December) for generating a serious discussion on immigration reform in the coming weeks. These bills are a direct response to the overwhelming public demand for solutions to our broken immigration system. Both political parties have acknowledged that this broken system is no longer sustainable, and is disrupting America's businesses, families, and long-term economic recovery.

"It is hard to turn ideas into legislation and legislation into good law, but Senators Menendez and Leahy have injected new life into the immigration reform debate," said Mary Giovagnoli, Director of the Immigration Policy Center. "At a time when every social issue we care about bumps up against immigration - healthcare, national security, and the economy - this bill is a step in the right direction. However, attention now turns to the rest of the Senate and House - where there are serious comprehensive proposals which lawmakers can react to and build upon - and the question remains; will they embrace this challenge or kick it down the road once again?"

The Immigration Policy Center has prepared a summary of the The Comprehensive Immigration Reform Act of 2010 which can be accessed at:Read more...

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Released on Tue, Sep 21, 2010

Washington D.C. - Today, the Senate voted 56 to 43 against proceeding to the Defense Authorization Act. This procedural vote, which basically followed party lines, ends consideration of critical social issues that affect the military and were to be offered as amendments to the bill. Among the amendments not considered is the DREAM Act, an immigration bill that would provide legal status to young people who graduate from high school and pursue college or military service.

The following is a statement from Mary Giovagnoli, Director of the Immigration Policy Center:

"The political gridlock that has immobilized the Senate has resulted once again in a lost opportunity for the American people. By refusing to allow the Defense Authorization Act to proceed, America will not see, at this time, an up or down vote on the DREAM Act, which would have been a first legislative step in resolving our immigration crisis. The Senators who voted "no" today are ignoring unequivocal evidence that the DREAM Act is good for military readiness, the American workforce and the U.S. economy. 

The energy and enthusiasm of thousands of young people who have poured themselves into promoting the DREAM Act has not been wasted, however. Because of their efforts, more people today understand the importance of DREAM to our economy, our military, and the future of our country than ever before."

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For more information contact Wendy Sefsaf at [email protected] or 202-507-7524.

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Senator Reid to Attach Act to Defense Authorization Bill

Released on Wed, Sep 15, 2010

Washington, D.C. - Yesterday, Senate Majority Leader Harry Reid announced that he would attach the Development, Relief, and Education for Alien Minors (DREAM) Act to the Department of Defense authorization bill expected to come before the Senate as early as next week. The vote will be an important test of whether Congress can transcend partisan politics and work together on crafting solutions to the broken immigration system that both Democrats and Republicans acknowledge is in desperate need of reform. That the proposal will be considered as an amendment to the Defense Authorization bill is appropriate, given the Department of Defense's support for DREAM Act as a way to improve military readiness. 

First introduced in 2001, the DREAM Act would address the plight of young immigrants who have been raised in the U.S. and managed to succeed despite the challenges of being brought to the U.S. without proper documentation. The proposal would offer a path to legal status to those who have graduated from high-school, have stayed out of trouble and plan to attend college or serve in the U.S. military for at least two years.
 
Each year, approximately 65,000 undocumented students graduate from high school, many at the top of their classes, but cannot go to college, join the military, work, or otherwise pursue their dreams. They belong to the 1.5 generation - any (first generation) immigrants brought to the United States at a young age who were largely raised in this country and therefore share much in common with second generation Americans. These students are culturally American, growing up here and often having little attachment to their country of birth. They tend to be bicultural and fluent in English.
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Released on Tue, Sep 07, 2010

The American Immigration Council (AIC) is pleased to announce a new leadership team at our Legal Action Center (LAC). Melissa Crow has joined our staff as the new Director and Beth Werlin has been promoted to Deputy Director of the LAC. These two incredibly talented lawyers bring a diverse set of skills and experiences that will strengthen and expand the important work of the Center.

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5th Graders Celebrate America Nationwide

Released on Thu, Sep 02, 2010

The American Immigration Council's Community Education Center has launced the 14th Annual "Celebrate America" creative writing contest.  Every year thousands of 5th graders from across the country participate in local contests.

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