December 22, 2011
But federal immigration authorities have told Ueda she needs to leave the United States for her native Japan by Dec. 31, a move that would split up a couple who have been together more than a decade and were married under Vermont law in April.
Follow her blog at http://www.immigrationinpictures.com/
December 16, 2011
Maricopa County Sheriff Joe Arpaio along with his office, known as MCSO, is under federal investigation for racial profiling and discrimination. Sheriff Arpaio denies the racial profiling allegations and believes that individuals who are stopped by deputies are done so because there is enough probable cause to believe they have committed crimes. The Justice Department disagree with Sheriff Arpaio’s and MCSO’S policies. “Arpaio’s own actions have helped nurture [a] culture of bias.”
Read more: http://latino.foxnews.com/latino/politics/2011/12/15/federal-probe-find-arizona-sheriff-arpaio-consistently-violated-rights-latinos/#ixzz1gkZErNzO
December 14, 2011
Padilla v. Kentucky was a major victory for immigrants because the United States Supreme Court issued a decision that requires counsel to inform their non-citizen clients of any immigration consequences that would result from pleading guilty.
Jose Padilla was arrested in 2001 after authorities discovered more than 1,000 pounds of marijuana in his truck. Originally from Honduras, Padilla was afraid that pleading guilty would revoke his legal permanent residency in the United States and have him deported, but his attorney advised him otherwise. Padilla agreed to plead guilty; however, his plea made it certain that he would be deported once he completed his time served.
The Kentucky Supreme Court believed that Padilla’s Sixth Amendment right was not violated because they felt that his lawyer provided him with effective assistance. Advice about deportation was a “collateral” consequence, which the court did not consider to be required information disclosed to Padilla. The United States Supreme Court disagreed with the Kentucky Supreme Court, reversing and remanding the lower court's decision. “Constitutionally competent counsel would have advised him that his conviction for drug distribution made him subject to automatic deportation.” The United States Supreme Court issued a decision that requires counsel to inform their non-citizen clients about immigration consequences that would result post conviction.
While Padilla was viewed as a major development for immigrants, many challenges still exist for non-citizens within the United States Criminal Justice System. Immigration deportation has arisen within the last few decades because non-citizens have lacked the benefit of counsel. Director of the Immigrant Rights Clinic at the University of Baltimore School of Law, Alice Clapman, has recently written the article, Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation, exploring the decision from Padilla and how it can be used to protect non-citizens with misdemeanors that cause immigration consequences.
April 27, 2011
Advocacy Organizations Welcome DHS Policy Change Regarding NSEERS
April 19, 2011
March 08, 2011
In a procedural motion, Republicans asked the Senate to consider the bill, which had not been brought to the floor by Democrats, who hold the majority and control over which bills get a vote.
March 01, 2011
Immigration advocates are seizing upon President Obama's decision not the defend the constitutionality of the Defense of Marriage Act and his conclusion that all laws that discriminate based on sexual orientation should be presumed unconstitutional, opening up a new front in the twenty-year battle for immigration equality for lesbian, gay, bisexual, and transgender people.
February 28, 2011
February 25, 2011
Rep. Debbie Riddle, R-Houston, authored the bill that would penalize those who knowingly or recklessly hire or contract with an undocumented worker. But jobs like maids, landscapers and other domestic positions within a family home would be exempt.
February 24, 2011
Arizona lawmakers are proposing a sweeping package of immigration restrictions that might make the controversial measures the state approved last year, which the Obama administration went to court to block, look mild.
February 23, 2011
A Honduran teenager gained fame as the star of a documentary film that showed the dangers faced by children who ride across Mexico atop freight trains to cross illegally to the United States. But the boy, Kevin Casasola, rode the trains again, and now he has been granted asylum in the United States, his lawyer said on Monday.
February 22, 2011
February 17, 2011
The AILA Santa Clara Valley chapter 5th grade creative writing contest is running for the 4th year. Last year, we had the national 5th grade winner, Julia Culbert. Please read her essay and comment. For information on this year's contest, please see: http://www.communityeducationcenter.org/community/winning-entry-2010-creative-writing-contest
February 16, 2011
February 15, 2011
TUCSON -- The leader of an anti-illegal-immigrant group was convicted Monday in a home invasion that left a 9-year-old girl and her father dead in what prosecutors said was an attempt to steal drug money to fund the group's operations.
February 14, 2011
February 11, 2011
Yesterday, a panel in South Dakota’s legislature voted to halt legislation aimed at denying citizenship to U.S.-born children of undocumented immigrants. South Dakota’s bill—and others like it—propose measures which challenge the interpretation of the 14th Amendment, which states that, with very few exceptions, all persons born in the U.S. are U.S. citizens, regardless of the immigration status of their parents. While conservative lawmakers continue to introduce bills challenging the birthright citizenship clause, other states—like Arizona and Montana—are joining South Dakota’s lead in tabling these bills due to questions of constitutionality.
February 10, 2011
After a False Dawn, Anxiety for Illegal Immigrant Students
Darren Hauck for The New York Times
Maricela Aguilar, a recipient of a full academic scholarship to Marquette University, was born in Mexico but has lived in the United States without legal documents since she was 3 years old.
By JULIA PRESTON
Published: February 8, 2011
MILWAUKEE — It was exhilarating for Maricela Aguilar to stand on the steps of the federal courthouse here one day last summer and reveal for the first time in public that she is an illegal immigrant.