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News & AlertsEn Banc Court Reverses Adverse Holding, Says Immigrants Can Pursue Cases from Outside the United StatesJanuary 30, 2012 - Today, an en banc panel of the U.S. Court of Appeals for the Tenth Circuit rejected the government’s attempt to bar noncitizens from seeking to reopen their cases from outside the United States. This is the seventh appellate court to find the “departure bar”—a regulation barring noncitizens from pursuing their cases after departure or deportation—unlawful and is a step forward in protecting the right to a fair immigration hearing. The decision is particularly significant because the Tenth Circuit had been the only court at odds with the majority. The court had granted rehearing en banc to reconsider its prior decision. Despite the overwhelming rejection of the departure bar, however, the government continues to defend the regulation and apply it to cases outside the circuits that have invalidated the bar. The National Immigration Project of the National Lawyers Guild and the American Immigration Council (AIC) filed amicus briefs in the Tenth Circuit, and NIPNLG Staff Attorney Trina Realmuto argued before the court. Today both organizations renew the call for the agency to strike this unlawful regulation. For more information, contact trina@nationalimmigrationrproject.org
2012 Michael Maggio Immigrants’ Rights Summer Legal Fellowship – DEADLINE is February 1, 20122012 Michael Maggio Immigrants' Rights Legal Fellowship. The Michael Maggio Immigrants' Rights Summer Fellowship was established in 2009 by the American Immigration Lawyers Association (AILA), the Center for Human Rights and Constitutional Law (CHRCL), and the National Immigration Project of the National Lawyers Guild (NIPNLG) to commemorate the life and extraordinary legal contributions of Michael Maggio. The Fellowship provides matching funds for a law student to work on an immigration-related, student-initiated project this summer. Applications will be accepted through February 1, 2012. The Fellow will be notified by March 1, 2012. To learn more and download the application, please visit www.maggiofellowship.org. For questions, please contact Susan Timmons at stimmons@aila.org.
New Practice Advisory IssuedThe National Immigration Project of the National Lawyers Guild, Immigrant Defense Project, and American Immigration Council jointly prepared a practice advisory that analyzes the impact of the Supreme Court’s very recent decision in the case of Judulang v. Holder, which rejected as “arbitrary and capricious’ the government’s interpretation of which long-term residents of the United States are eligible for a waiver. The practice advisory describes the favorable ruling on section 212(c) relief, and offers strategies for long-term permanent residents (LPRs) who are affected by it. Of particular note, some LPRs with final orders may wish to consider filing motions to reconsider within 30 days of the Court’s decision. Read the full Practice Advisory here [PDF].
Authoritative National Report Condemns Secure Communities Program: Law Enforcement Experts and Victims of S-Comm Conclude Program Should Be EndedThe National Day Laborer Organizing Network and the National Community Advisory Commission, in which the National Immigration Project is a member, made public an authoritative report condemning the Secure Communities deportation program and recommending its termination. The report includes testimony from former District Attorney of New York Robert Morgenthau, heads of law enforcement, and victims of Secure Communities like Isaura (last name withheld to protect her identity) in Los Angeles whose 911 call for help resulted in her deportation proceedings. The National Community Advisory Commission issued the following statement: “This report confirms what immigrant communities have long known. The program called Secure Communities results in the opposite. Entangling local police in immigration enforcement is not just bad policy as the experts testify. Conscripting local police into immigration enforcement has provoked a massive civil rights crisis our country now faces. The only suitable approach is to end Secure Communities.” The Commission includes: American Friends Service Committee, Project Voice New England, Asian Law Caucus, CASA de Maryland, CENTRO de Igualdad y Derechos, Coalition for Humane Immigrant Rights of Los Angeles, Colorado Immigrant Rights Coalition, Detention Watch Network, Grassroots Leadership, Illinois Coalition for Immigrant and Refugee Rights, Immigrant Legal Resource Center, National Day Laborer Organizing Network, National Immigrant Justice Center, National Immigration Law Center, National Immigration Project of the National Lawyer’s Guild, Northern Manhattan Coalition for Immigrant Rights, Rights Working Group, Unitarian Universalist Association of Congregations, We-Count! The full report is available at http://bit.ly/scomm-shadow-rpt
August press roundup 3 Aug. - Hispanically Speaking News - Noncitizens Right to Pursue Legal Action on Immigration Issues ... Re: The Third Circuit decision to reject the government’s attempt to bar noncitizens from seeking reopening or reconsideration of their cases from outside the U.S. 16 Aug. - Latina Lista - How much longer will Obama administration pretend it doesn't have ... Re: the release of a joint report co-authored by NIPNLG entitled RESTORING COMMUNITY: A National Community Advisory Report on ICE's Failed Secure Communities Program. The report is available here: http://altopolimigra.com/s-comm-shadow-report/. Background on the Secure Communities Program here: www.uncoverthetruth.org as well as in this press brief: http://ndlon.org/pdf/scommbrief.pdf
FOIA Litigation Uncovers 2008 Memorandum of Agreement Regarding
DHS’ Parole Authority DHS’ DECISION TO UNILATERALLY MOVE FORWARD WITH
SECURE COMMUNITIES PUTS WOMEN IN DANGER DREAM Defenders Join Forces to Support Students at Risk of Deportation Another Court Upholds Immigrants' Right to Pursue Case From Outside the U.S. National Immigration Project Names 2011 Award Recipients National Immigration Project releases its 2010 40th Anniversary Annual Report National Immigration Project and Allies File FOIA Complaint Seeking Government's Return Policy For Noncitizens Abroad May 16 , 2011 - On behalf of the National Immigration Project, the ACLU, the Immigrant Defense Project, the Post-Deportation Human Rights Project, and Professor Rachel Rosenbloom, the New York University (NYU) Immigrant Rights Clinic filed a complaint against DHS, DOJ and the State Department alleging inadequate response by the agencies to a Freedom of Information Act request for materials on the agencies’ policy and practice of facilitating the return to the U.S. of individuals who successfully challenge their removal orders from outside the country. The case is National Immigration Project v. Department of Homeland Security, No. 11-CV-3235 (S.D.N.Y., May 12, 2011). Read a summary of the complaint here [PDF]. Read the complaint here [PDF]. National Immigration Project argues successfully in Federal Court case upholding right to reopen cases after deportation April 7, 2011 - In a victory for immigrant rights, a case argued by the National Immigration Project and the American Immigration Council’s Legal Action Center, in the Ninth Circuit today held that immigration officials cannot prevent noncitizens whom they have deported from exercising their statutory right to seek reopening of their immigration cases. Read the press release here [PDF]. Read the Decision here [PDF]. National Immigration Project argues successfully in Federal Court case upholding immigrants' right to reopen cases from outside the U.S. February 3, 2011 - A federal appellate court chastised the Board of Immigration Appeals (BIA) for preventing noncitizens from reopening their cases from outside the U.S. This important ruling from the U.S. Court of Appeals for the Sixth Circuit repudiates the government’s view that immigration judges and the BIA lack “jurisdiction” over such cases. Read the press release here [PDF]. Read the Decision here [PDF]. Houston Chronicle quotes National Immigration Project in story about wrongful death of immigrant workerJanuary 31, 2011 - In a very tragic story of a Salvadoran worker’s death due to employer negligence, the National Immigration Project was quoted in the Houston Chronicle, expressing support for the fact that companies should be held liable for the wrongful death of their employees -- regardless of a person's immigration or citizenship status. Read the article here. 20th Anniversary of ABC Class Action LawsuitJanuary 31, 2011 - Today marks the 20th Anniversary of the landmark class action settlement agreement in American Baptist Churches v. Thornburgh (“ABC”). In an era when holding the government accountable for violations of the rights of noncitizens and naturalized citizens remains extremely challenging, the National Immigration Project salutes the courageous Guatemalan and Salvadoran asylum seekers who persisted in challenging the legality of a governmental practice whereby asylum determinations were based upon U.S. foreign policy, rather than upon the merits of individual claims. We also thank all who served on the ABC Legal Team for their tireless hours of litigation and for their successful negotiation of a triumphant settlement agreement. The individuals listed below were members of the legal team for the ACLU, Center for Constitutional Rights, Central American Refugee Center, Morrison & Foerster, and the National Lawyers Guild (we apologize for anyone who was left off this list inadvertently):
Read an updated Practice Advisory that looks at the ABC decision 20 years later here [PDF]. New Deportation 101 Manual available for free downloadJanuary 14, 2011 - The National Immigration Project is proud to announce the release of the January 2011 edition of Deportation 101 in both Spanish and English, available for free download. Deportation 101 is an educational and organizing curriculum for advocates and families seeking to fight back against the removal and immigration detention systems. The program was initiated by Families for Freedom and the Immigrant Defense Project, and later joined in partnership by Detention Watch Network and the National Immigration Project. Read the Spanish version here [PDF]. Read the English version here [PDF].
Washington Post quotes National Immigration Project on PadillaJanuary 13, 2011 - The National Immigration Project comments on the role of the Padilla decision in a Washington Post article about noncitizens' ability to obtain post-conviction relief.
NIPNLG Files Federal Lawsuit against Police who Stopped and Beat Latino ManAugust 23, 2010 - The National Immigration Project of the National Lawyers Guild (NIPNLG), the Southern Poverty Law Center (SPLC), and civil rights attorney Brian Spears filed a federal civil rights lawsuit today against two Cobb County, Georgia police officers over the stop, arrest and beating of an unarmed Latino man. They also joined the Georgia Latino Alliance for Human Rights (GLAHR) to call on the federal government to terminate the county’s 287(g) agreement due to the civil rights abuses perpetuated by the program. The lawsuit was filed on behalf of Angel Francisco Castro Torres, who was riding his bicycle in Smyrna, GA, when he was stopped by Cobb County police officers Jeremiah M. Lignitz and Brian J. Walraven. According to their own account, the officers, who are the named defendants in the complaint, stopped him after observing his race. The officers immediately demanded Castro’s identification and questioned his immigration status. He was also beaten, resulting in a broken nose and eye socket, and arrested. “Officers of the law must be held accountable when they go beyond the law -- and beyond the bounds of human decency,” said Trina Realmuto, staff attorney at the National Immigration Project of the National Lawyers Guild. “Communities should be able to look to the police for protection, not seek protection from the police.” Read the full press release here [PDF]. Read the Complaint here [PDF].
New Orleans Workers' Center for Racial Justice Will Receive 2010 Daniel Levy AwardAugust 11, 2010 - The National Immigration Project of the National Lawyers Guild is proud to announce that the New Orleans Workers' Center for Racial Justice (NOWCRJ) is this year’s recipient of the DANIEL LEVY AWARD for excellence in pursuing creative and socially conscious approaches to advocacy in the immigration law field. The award reception will take place at Hotel Monteleone in New Orleans, Louisiana, on Thursday, September 23, 2010, from 5:30-7:00pm at the National Immigration Project’s evening cocktail reception following its annual membership meeting. The event is part of the 2010 National Lawyers Guild Convention.
Support in ArizonaJuly 29, 2010 - Demonstrators opposing Arizona’s repressive SB1070 law took part in actions on July 29, 2010, with support from the National Immigration Project and its members. Associate Director Paromita Shah developed materials, activated Project members, and provided technical assistance to Puente, a Phoenix-based grassroots human rights organization. Paromita also assisted the Arizona local action legal team so that noncitizens would be aware of the immigration consequences of engaging in civil disobedience. Community groups deemed the protest important despite the injunction of July 28th due to the history of extreme anti-immigrant conduct by Sherriff Joe Arpaio, and the fact that the injunction did not enjoin some key provisions, namely one that authorizes arrests for solicitation of work (which specifically targets day laborers). Project members were among the most active of all the immigration attorneys on the Legal Action team. With the help of Kara Hartzler, the Project created a “cheat sheet” about civil disobedience offenses, an advisal document, and modified documents used by the Legal Action team to better track noncitizens who were arrested. Special thanks to Margarita Silva, who is representing a protester arrested after unveiling a massive banner (“Stop Hate”-No to 287g/No to SB1070) on Sheriff Arpaio's building. Thanks also to Arizona attorneys and Project members Emilia Banuelos, Margo Cowan, Judy Flanagan, Kara Hartzler, Suzannah Maclay, and Margarita Silva, and to out-of-town attorneys and Project members Marlene Dougherty and Eric Garde, for providing on-site consultation. Enormous thanks and accolades to Sunita Patel for her tireless work as back-up legal support for the attorneys in Phoenix, and to Ellen Kemp, Director of Legal Advocacy, for her help recruiting NIPNLG members for the protests.
Barbara Hines is the National Immigration Project's 2010 Carol Weiss King Award RecipientJuly 23, 2010 - The National Immigration Project announces the 2010 recipient of its Carol Weiss King Award for excellence in the pursuit of social justice through organizing, litigating, and teaching. This year’s award will go to Barbara Hines, one of NIPNLG ’s most dedicated allies in the struggle for immigrant rights. Ms. Hines will be presented with her award on Saturday, September 25, 2010, at the annual National Lawyers Guild Convention at Hotel Monteleone, 214 Rue Royale, New Orleans, LA. Dinner banquet tickets and convention information available at www.nlg.org About Barbara Hines: Barbara Hines co-directs the immigration clinic at the University of Texas School of Law. Professor Hines was a two-time Fulbright scholar in Argentina, researching Argentine immigration law and also teaching U.S. immigration law, respectively. She served as the first Co-Director of the Lawyers Committee for Civil Rights Under Law of Texas, Immigrant and Refugee Rights Project, and is a member of the Board of Directors of the National Immigration Project. In nominating Ms. Hines, a colleague wrote “Few of us can aspire to having such an ambitious career that includes community education and organizing, litigation, and teaching. Barbara has excelled in all of those areas and continues to be an inspiration to us to all." The National Immigration Project is pleased to honor her outstanding commitment with the 2010 Carol Weiss King award.
Sample Carachuri-Rosendo MotionsJune 14, 2010 - holds that a person who has been convicted of a second or subsequent simple possession of a controlled substance offense has not been convicted of an aggravated felony at least where there was no finding of a prior conviction. In light of this important decision, the National Immigration Project has issued a practice advisory and sample motions.
Norton Tooby is the National Immigration Project’s 2010 AILA Reception HonoreeJune 8, 2010 - The National Immigration Project is proud honor Mr. Norton Tooby at the annual American Immigration Lawyers Association (AILA) conference in National Harbor, MD on Friday, July 2, 2010 from 6-7:30pm.
Ads must be placed by June 18, 2010. There is no charge to attend the reception. Please contact Pamela Goldstein for further information.
Board Members honored at AILA conferenceJune 8, 2010 - National Immigration Project Board members Maria Baldini-Potermin and Ahilan Arulanantham will each receive an award at this year’s American Immigration Lawyers Association (AILA) conference taking place June 30-July 3, 2010. Ms. Baldini- Potermin will be presented with the Edith Lowenstein Award for excellence in advancing the practice of law. Mr. Arulanantham will be awarded the Jack Wasserman Memorial Award for excellence in litigation in the field of immigration law. Congratulations to Maria Baldini-Potermin and Ahilan Arulanantham!
New Deportation 101 ManualJune 6, 2010 - The National Immigration Project is proud to announce the release of the May 2010 edition of Deportation 101 in both Spanish and English. Deportation 101 is an educational and organizing curriculum for advocates and families seeking to fight back against the removal and immigration detention systems. The program was initiated by Families for Freedom and the Immigrant Defense Project, and later joined in partnership by Detention Watch Network and the National Immigration Project. The Deportation 101 training will be offered in Austin, TX on June 12 and June 13, 2010.
National Immigration Project Files Amici Brief Seeking to Maintain IJ Jurisdiction Over Bond Hearings Following TransferJune 2010 - In December 2009, the National Immigration Project issued a practice advisory* addressing why immigration judges continue to have jurisdiction to conduct a bond hearing after a person is transferred. The advisory includes a model brief, sample bond hearing applications, and sample letters to the Department of Homeland Security. In continuance of this work, the National Immigration Project, along with the Maxwell Street Legal Clinic and the Southern Coalition for Social Justice, recently filed an amici curiae brief in a case before the Board upon certification by the Charlotte Immigration Court. In its brief, amici argue that interpreting 8 C.F.R. § 1003.19(c) as a procedural regulation would comport with the regulation’s language and purpose, facilitate prompt bond hearings, and improve access to counsel, including communication between attorneys and detainees. Click here to download [PDF]
Litigating Law Enforcement Misconduct in the Immigration ContextMay 21, 2010 - Albuquerque, NM. The National Immigration Project and the National Police Accountability Project (NPAP), both projects of the National Lawyers Guild, teamed up for a day-long seminar in Albuquerque, NM on litigating damages actions against federal immigration and detention officers. The immigration bar routinely encounters situations in which a damages action may be appropriate. However, many immigration lawyers are unfamiliar with the requirements and process of filing, and litigating, damages actions against the government. The training was designed for both immigration lawyers and civil rights and police misconduct attorneys to share expertise and knowledge about their respective fields, furthering their common goal of combating misconduct inflicted by law enforcement. The seminar, made possible by a grant from the Four Freedoms Fund, provided in-depth training on the procedural vehicles for bringing suit (the Federal Tort Claims Act and Bivens), common motions litigators might confront, and discovery techniques, strategies, and related issues. During lunch, the lead lawyers who had just filed a class action lawsuit (Friendly House et al. v. Whiting) challenging the recent Arizona law SB 1070 discussed their lawsuit, representing the American Civil Liberties Union (ACLU) Immigrants' Rights Project, the National Immigration Law Center (NILC), and the Mexican American Legal Defense and Educational Fund (MALDEF). The New Mexico event also marked the launch a mentorship program whereby National Immigration Project members who seek to litigate damages on behalf of noncitizens will be matched with an experienced NPAP or National Immigration Project attorney (thirty-seven experienced litigators already have enrolled). The seminar, which was very positively reviewed, connected two important networks which share one common goal: combating misconduct inflicted by law enforcement.
National Immigration Project supports Trail of Dreams studentsMay 1, 2010 - The National Immigration Project supported the national Trail of Dreams students during their May 1, 2010 action in Washington, D.C. to urge Executive and Congressional action on the federal Dream Act. The National Immigration Project coordinated legal representation for the students, who participated in a well-publicized civil disobedience action in front of the White House, seeking to draw attention to their plight as undocumented students within the United States. Project members Andres Benach, Ofelia Calderon, Thomas Ragland, and Xavier Racine volunteered to represent the Dream walkers, and the National Immigration Project helped secure legal observers for the May Day event.
Rights groups demand information about “Secure Communities”April 27, 2010 - The National Immigration Project partnered with the Uncover the Truth campaign to expose the staggering growth of police-ICE (Immigrations and Customs Enforcement) collaborations across the U.S. Despite the devastating consequences to communities, deportation programs like the Department of Homeland Security’s inaptly named “Secure Communities” program are slated to be enacted in every U.S. jail by 2013 -- without the public, elected officials, and sometimes police chiefs themselves knowing. The “Uncovering the Truth” week of activities was a coordinated effort to help local groups ask questions and seek answers about police and ICE collaboration in their communities, and to urge lawmakers in Congress to hold the Department of Homeland Security accountable. Uncover the Truth is spearheaded by the National Day Laborers Organizing Network (NDLON) and the Center for Constitutional Rights, which were joined by the National Immigration Project in the campaign’s national launch on April 27, 2010. The National Immigration Project provided technical assistance, public education materials, and support to the Washington, DC coalitions opposing the implementation of Secure Communities in the District of Columbia. On May 4, 2010, Washington, DC Council members introduced the “Secure Communities Act of 2010” with the unanimous support of the Council, a groundbreaking bill to prohibit the DC Metropolitan Police from sharing arrest and booking information with Immigration and Customs Enforcement (ICE). On May 17th, the National Immigration Project co-presented a webinar for community-based organizations nationwide to learn how to resist unlawful collaborations that threaten the health and safety of their communities.
Opposing the Arizona lawApril 2010 - The National Immigration Project supports the lawsuit brought by its allies at the American Civil Liberties Union Immigrants' Rights Project (ACLU), the National Immigration Law Center (NILC), and the Mexican Legal Education and Defense and Education Fund (MALDEF) (gentle hyperlink to www.maldef.org) to challenge Arizona’s new law SB 1070, slated to go into effect in July 2010. The law allows law enforcement to question individuals about their immigration status during everyday police encounters, and makes failing to carry one’s documents, for immigrants, a crime. The National Immigration Project believes the law to be unconstitutional. Further, it encourages racial profiling, endangers public safety, and betrays American values. Read more here.
National Immigration Project plays influential role in Supreme Court decision Padilla v. KentuckyMarch 31, 2010 - The National Immigration Project played an influential role in the Supreme Court's watershed decision in Padilla v. Kentucky, 130 S. Ct. 1473 (March 31, 2010). This decision dramatically expands the scope of effective assistance to immigrants facing criminal charges, thereby creating an unprecedented opportunity for immigrant defendants to have a meaningful opportunity to protect their ability to remain in the U.S. The National Immigration Project signed onto an amicus brief that highlighted all of its work and training for the past 20 years -- in Kentucky and nationwide -- that the Court used as evidence to support its conclusion that competent criminal defense practitioners advise their clients about immigration consequences. In addition, Executive Director Dan Kesselbrenner’s co-authored book, Immigration Law and Crimes, which was first published in 1984 and is updated regularly, was cited in the Supreme Court decision. This decision helps the Project achieve its long-term goal of defending and expanding the rights of all immigrants in the U.S., especially those most often dispossessed by the criminal justice and larger social systems. Alongside partner organizations, the National Immigration Project already has begun developing a skeletal national structure and possible service delivery models, and thus is well-positioned to undertake the steps necessary for effective implementation of Padilla. Its key challenge, however, will be to secure the funding necessary to leverage the Project’s leadership capacity in implementing Padilla-mandated changes.
Comments submitted to US Sentencing GuidelinesMarch 2010 - The National Immigration Project submitted comments* to the U.S. Sentencing Guidelines, prepared by Carrie Rosenbaum of San Francisco. These comments argue that the United States Sentencing Guidelines should allow a federal judge to give a downward departure in a defendant's sentence because of the additional consequences that a noncitizen defendant faces. Click here to download PDF.
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Associate Director Paromita Shah with Trail of Dreams students Felipe Matos, Juan Rodriguez, and a student from Haiti. Washington, D.C. May 1, 2010
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