Saturday, September 27, 2008
TPS has been extended 18-months for El Salvador from March 10, 2009 through September 9, 2010. There will be a 90-day re-registration announced as soon as the notice is published in the Federal Register. Please note that there is no automatic extension of EADs – this means that TPS beneficiaries reregistering for this extension will need to get their applications in at the beginning of the re-registration period to avoid a lapse in employment authorization. Please be sure to emphasize this point as you disseminate this information to stakeholders and to the Salvadorian community.
Here's the USCIS Announcement:18-Month Extension of Temporary Protected Status for El Salvador
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend Temporary Protected Status (TPS) for nationals of El Salvador through Sept. 9, 2010. The extension will make those who have already been granted TPS eligible to reregister and maintain their status for an additional 18 months. There are approximately 229,000 nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who are eligible for re-registration. TPS does not apply to Salvadoran nationals who entered the United States after Feb. 13, 2001.
The extension of TPS for El Salvador is effective March 10, 2009 and will remain in effect through Sept. 9, 2010. Nationals of El Salvador (and people having no nationality who last habitually resided in El Salvador) who have been granted TPS must reregister for the 18-month extension during the reregistration period beginning the day it is published in the Federal Register and remaining in effect 90 days thereafter. Salvadoran TPS beneficiaries are strongly encouraged to apply as soon as possible following the start of the 90-day reregistration period. Applications from Salvadoran TPS beneficiaries will not be accepted prior to the opening of the reregistration period.
TPS beneficiaries must submit the Application for Temporary Protected Status (Form I-821) without the application fee and the Application for Employment Authorization (Form I-765) in order to reregister for TPS. All applicants seeking an extension of employment authorization through Sep. 9, 2010 must submit the required application filing fee with the Form I-765. If the applicant is only seeking to reregister for TPS and not seeking an extension of employment authorization, he or she must submit the Form I-765 for data-gathering purposes only, and is not required to submit the I-765 filing fee. All re-registrants 14 years of age and older must submit the biometric service fee. Applicants may request a fee waiver for any of the application or biometric service fees in accordance with the regulations. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the reregistration application.
Further details on this extension of TPS for El Salvador, including the application requirements and procedures, will appear in a Federal Register notice shortly. For additional information, contact the USCIS National Customer Service Center toll-free telephone number: 1-800-375-5283. TPS forms are available from the toll-free USCIS forms line, 1-800-870-3676, or from the USCIS Web site: http://www.uscis.gov.
As you may have noticed, we devoted our Immigrants of the Day feature this week to immigrants who gave the ultimate sacrifice for the United States. We could list many, many more, but will note. This week's series highlighted the contributions that immigrants have made -- and will make -- to the the United States. We should not lose sight of that fact in the national debate over immigration.
"Made in LA," a film that we previously previewed that, follows the story of several immigrant women workers in Los Angeles, has won an Emmy! The film tells the story of immigrant workers who embark on their three year legal battle with the garment industry to win basic labor protections from the large multinational corporation sourcing from the factories where they work. Following a series of earlier legal decisions, the appeals court ultimately reverses the decision of the district court, holding that garment workers have a right to sue retailers, who are indeed liable for infringements of labor laws by their subcontractors.
Made in L.A. received the Emmy at the 29th Annual News and Documentary Emmy® Awards in the category of Outstanding Continuing Coverage of a News Story-Long Form. The documentary had its national broadcast premiere on the PBS series P.O.V. in 2007. Director/producer Almudena Carracedo and producer Robert Bahar accepted the award at a ceremony in New York.
Congratulations to ImmigrationProf blogger and law professor Leticia Saucedo! Yesterday, the tenured faculty of the William S. Boyd School of Law at the University of Nevada, Las Vegas, UNLV voted unanimously to recommend her tenure and promotion.
Professor Saucedo earned her J. D. in 1996 from Harvard Law School, where she was managing editor of the Harvard Latino Law Review. Following graduation, she first served as briefing attorney to Chief Justice Thomas Phillips of the Texas Supreme Court, then was an associate of Fried, Frank, Harris, Shriver, and Jacobsen in New York City, where she was the recipient of the Fried Frank MALDEF Fellowship. From 1999 to 2003, she was a staff attorney for the Mexican American Legal Defense and Educational Fund in San Antonio,Texas, where she litigated employment and education cases. Professor Saucedo has taught at the University of Nevada, Las Vegas since 2003. She teaches Torts, Immigration Law, and co-directs the Immigration Law Clinic. She has co-developed and taught international and domestic service learning legal courses covering the immigration consequences of crime, and domestic violence in a post-conflict society. Her research interests lie in the intersection between employment and labor law and immigration law. She is co- editing a casebook on Latinos and the law, entitled, The Legal Construction of a Latino Identity. Her articles have appeared in the Notre Dame Law Review, the Ohio State Law Journal, the Immigration and Nationality Law Review, the Buffalo Law Review, the University of Michigan Journal of Law Reform, the Richmond Law Review, and the Hispanic Journal of Behavioral Sciences. Professor Saucedo currently holds a position as a research scholar with the Chief Justice Warren Institute on Race, Ethnicity, and Diversity at the University of California, Berkeley Law School.
Friday, September 26, 2008
How to Defend Permanent Residents from Removal
CLICK HERE TO REGISTER NOW!
Webinar (1.5 MCLE)
Tuesday, 10/7/08, 10:00 am – 11:30 am PDT
Deadline to register: 10/3/08
This webinar is designed to teach practitioners how to effectively defend permanent residents charged with being removable. Topics include when the differing burdens of proof for admissibility, deportability, and applications for relief, defenses against the allegations in the Notice to Appear, the eligibility requirements for cancellation of removal, 212(h) waivers, 212(c), other forms of relief, and how to work with clients to elicit the evidence needed to defend their cases.
Nora Privitera, ILRC Special Projects Attorney & Lead Staff Attorney for ILRC’s Attorney of the Day (AOD) Consultation Service. She is the author of ILRC publication, Hardship in Immigration Law: How to Prepare a Winning Case in Waiver and Cancellation of Removal Cases and the forthcoming ILRC publication, Remedies and Strategies for Permanent Resident Clients in Removal Proceedings.
Angie Junck, Staff Attorney and specialist in the intersection between immigration and criminal law. She is a co-author of ILRC\'s publication Defending Immigrants in the Ninth Circuit: The Impact of Crimes under California and Other State Laws and has also co-written other ILRC manuals, including A Guide for Immigration Advocates and Naturalization and U.S. Citizenship.
Please contact Sai Suzuki, Marketing Coordinator, at 415-255-9499 Ext 789 or firstname.lastname@example.org.
Immigrant Legal Resource Center (ILRC)
1663 Mission St, Ste 602
San Francisco, CA 94103
There are many legal questions that have arisen in connection with increased immigration raids by the federal government. Are individuals arrested in immigration raids protected by the 4th and 5th Amendments and entitled to freedom from unreasonable searches and to the right to remain silent? Can those arrested during an immigration raid file a motion to suppress the evidence that ICE obtained? We want to alert you to resources about motions to suppress available through the Immigration Advocates Network (IAN) and our partner organizations. On Immigration Advocates Network: The "Raids and Immigration Enforcement Library" is coordinated by the National Immigration Project of the NLG and contains manuals and other information prepared by the Immigrant Legal Resource Center and others. The library contains: - Overview of Motions to Suppress - Law and Theories for Motions to Suppress - Guide and Checklist for Legal Arguments in Support of Motion to Suppress - Procedure for Filing and Litigating a Motion to Suppress in a Removal Hearing - INS v. Lopez-Mendoza - Sample Form I-213 - IJ Decision in Motion to Suppress Case - Sample Motions to Suppress - Sample Motion to Suppress with Affidavit, Motion to Terminate - Sample Motion to Suppress and Issuance of Subpoenas - Motion to Suppress including brief and ICE reply brief filed by Yale Law School Immigration Clinic - Sample Memorandum in Support of Motion to Suppress - Sample Motion to Suppress by Stanford Law School Immigrants' Rights Clinic - Sample Brief for Motion to Suppress - Mock Hearing on Motion to Suppress and Terminate Proceedings, and Immigration Judge Decision (NY) - IJ Decision in Motion to Suppress Case Ordering Hearing and Subpoenas All of these documents are available under the "Legal" folder in the Raids Library at http://www.immigrationadvocates.org/link.cfm?10840 (login required) Other motion to suppress materials: The ABA Commission on Immigration The ABA Journal includes an article on the suppression of evidence in immigration cases at http://www.abajournal.com/magazine/illegal_aliens_on_ice/ The National Immigration Law Center The National Immigration Law Center's website includes information about the right to suppress evidence when evidence is obtained from an employer seeking to retaliate during a labor dispute at http://www.nilc.org/immsemplymnt/IWR_Material/Attorney/Issue_Brief_Workplace_Rights_post_Hoffman_3-06.pdf
Asylum outcomes vary across the country. Daniel Paik reports for the Daily Record:
From fiscal years 2002 to 2007, immigration judges in York County denied asylum to three out of every four refugees, according to an analysis of more than 200 immigration judges in the country.
The average rate in the nation? About three out of five.
The data, compiled by the Transactional Records Access Clearinghouse, showed the frequency of asylum denials varied widely nationwide, sometimes within the same court.
It doesn't reflect the current lineup on the local immigration bench, however. One of York's judges moved to the Atlanta immigration court in 2006; her replacement arrived in 2007, and an additional judge was added to the county early this year.
The two York County judges analyzed in the report each denied asylum at a higher rate than the national average -- combined, their denials were 18 percent higher than the average. Several attorneys who have tried cases in the local court struggled to pinpoint a major reason why it was so much higher. Click here for the rest of the story.
Born in China, Ming Sun, a Private 1st Class in the U.S. Army, was killed in action by small arms fire while on patrol at age 20 on January 9, 2007 in Ramadi, Iraq. He died less than 10 months after he enlisted.
Ming Sun came to the U.S. from China in 1995. He wanted to join the military straight out of high school, but attended community college while waiting for his green card. At Sun's funeral, his parents were presented with papers granting him U.S. citizenship along with a Bronze Star and Purple Heart.
Ming Sun is believed to be the first Chinese national to be killed in the Iraq war.
Thursday, September 25, 2008
I find one pun running the internet worth repeating. It has been said that localities trying to rebuild in the wake of Hurricane Ike are availing themselves of FEMA, not the federal agency once headed by the infamous Brownie, but by the policy of Find Every Mexican Available. As in New Orleans after Hurricane Katrina, towns along the Gulf Coast devastated by Ike will probably resort to undocumented workers. Houston Chronicle, Sept. 25, 2008.
AP reports that "A post-9/11 rule that required visitors from two dozen Arab and Muslim countries and North Korea to register with immigration authorities was constitutional, an appeals court said Wednesday. The 2nd U.S. Circuit Court of Appeals said it did not quibble with the fact that the program selected countries that were predominantly Muslim."
The Second Circuit, in an opinion by Judge Winter, and joined by Judges Walker and (former Yale Law Dean) Guido Calabresi, emphasized that "The Sept. 11 attacks were facilitated by violations of immigration laws by aliens from predominantly Muslim nations. The program was clearly tailored to those facts."
The program under review was the National Security Entry-Exit Registration System. Males from 24 Arab and predominantly Muslim countries and North Korea on certain nonimmigrant visas had to register, submit fingerprints, and prove legal presence in the country. Some critics claimed that the program was racial, ethnic, and religious profiling.
Rajah et al v. Mukasey Download 063493ag_opn2.txt
Breakthrough uses videos, video-games, and other multimedia approaches in an attempt to bring immigrtaion and related human rights abuses to national attention. Breakthrough's latest campaign is on inhumane immigrant detention centers: Homeland Guantanamos (www.homelandgitmo.com). On the site, you are the journalist and your editor assigns you to go undercover in an immigrant detention center to find out what happened to Boubacar Bah who died in detention in 2007, while exposing inhumane detention conditions. There's a tribute wall dedicated to the 87 people that have died in detention, video stories with people that have been detained along with an FAQ and Discussion Guide. The link above will take you to video stories that are in the site from people that were detained, audio clips, etc.
The Kentucky Coalition for Immigrant and Refugee Rights is circulating a petition to demand answers about the death of Ana Romero, a 44-year-old mother who died at a jail in Franklin County, Kentucky, while in the custody of U.S. Immigration and Customs Enforcement.
The petition raises questions about Romero's treatment during her detention:
Ana Romero (44 years old) was living and working in Shelbyville cleaning houses in order to support her 92 year-old mother and two grown sons in college in El Salvador.
In January, she was arrested at home and detained by state police for giving federal immigration officials a false identification card, along with a previous immigration-related violation. This type of police action is part of the nation-wide ICE dragnet operation being carried out in places like Shelbyville, Kentucky; Pottsville, Iowa; New Bedford, Massachusetts; and Laurel, Mississippi, in which immigrants are being subjected to raids and detentions. These operations have torn families apart, including many U.S. citizens, and has instilled pervasive fear in our communities owing to the terrorizing tactics used by the authorities and the lack of due process afforded the immigrants afterwards. Whether or not you agree with the criminalization of immigrant workers and families who have entered the U.S. without documents, the consequences of the Ana Romero case should touch a nerve. During her nearly 8 month imprisonment in the county jail while awaiting deportation, Ana was distraught and suffered from medical ailments, refusing to eat the food which she told family members “…stinks and there is something wrong with it.”
Shortly before her death, she was placed in solitary confinement. Her jailers have yet to explain why this was done.
KCIRR has been circulating an e-mail with information about how to sign on to the petition.
Born in Mexico, Rafael Reynosa Suarez, 28 a Lance Corporal in the U.S. Marines, was killed in acytion died on May 29, 2004 in Ramadi, Iraq. He is survived by a wife and a daughter.
At age 13, Reynosa immigrated to the United States from Mexico with his family. He left for Iraq two days after learning his wife was pregnant and was killed five months before their daughter was due. Reynosa met his wife, Dinora Reynosa in 1992 at Valley High School in Santa Ana. She last spoke to her husband by telephone two days before his death.
Reynosa played playing soccer for two years at Santa Ana College. Later, he worked as a warehouse manager for Montgomery Ward. Five months after he married in November 2000, the warehouse closed and Reynosa joined the Marines.
Wednesday, September 24, 2008
The S.F. Chronicle reports that the Bush administration, overturning a 22-year-old policy, now allows U.S. Customs agents to seize, read and copy documents from travelers at airports and borders without suspicion of wrongdoing, at least according to civil rights lawyers at the Asian Law Caucus in San Francisco in releasing records obtained in a lawsuit. The government documents and the legal groups' analysis of them are available here.
From the Border Network for Human Rights:
Judge Vazquez Orders Otero County Sheriff to Stop Illegal Raids, Racial Profiling and Unlawful Searches and Seizures in Chaparral, NM
On Friday, September 19th, Federal Judge Martha Vázquez ruled in favor of Border Network for Human Rights on the Plaintiffs’ Motion for Preliminary Injunction, ordering that Otero County halt its illegal stops, searches, and harassment of Chaparral’s Latino residents for the duration for the litigation. By doing so, the Court determined that the Plaintiffs would suffer irreparable harm absent the injunction they requested.
Without doubt this ruling that orders for temporary injunction to stop abusive practices and wrongful immigration enforcement by Otero County Sheriff creates an important legal precedent and brings about protections of human and constitutional rights for Chaparral, NM residents.
Fernando Garcia, Executive Director
Border Network for Human Rights
1101 E. Yandell
El Paso, TX 79901
Our immigrant of the Day is Sergio R. Diaz Varela, who at the age or 21 gave his life for the United States. Born in Mexico, he died on November 24, 2004 in Ramadi, Iraq and was buried in Guadalajara, Mexico.
Diaz-Varela came to the U.S. from Mexico with his parents in 1991. The family lived in a mobile home park. He grew up and attended high school in Lomita, California. At the time of his death, his mother already had returned to Guadalajara. He joined the Army so he could save enough money to buy her a home.
The 21-year-old infantryman was killed Nov. 24 when a homemade bomb exploded after he got out of a vehicle while on patrol in Ramadi, Iraq, a city west of Baghdad. Diaz-Varela had been in Iraq only a few months.
Yesterday, the Arizona Supreme Court rejected the appeal of Roger Barnett who was found liable by a jury after assaulting a family of Latino U.S. citizens while they were hunting on state land in southern Arizona. The Mexican American Legal Defense and Educational Fund (MALDEF), which represents the plaintiffs in the case, urged the Supreme Court to reject Barnett’s appeal and argued that the jury had rightfully found Barnett at fault for his attack upon the family.
The Morales family and Emma English, a family friend, filed suit after Barnett confronted them on state leased land in November 2004, while they were on a family hunting trip. Armed with a semi-automatic military-style assault rifle, Barnett held the family at gunpoint, cursed and screamed racial slurs at them and threatened to kill them all. The jury heard the testimony of three young girls, all under the age of 12 at the time, that described the event and the trauma they suffered at the hands of Barnett. The jury ultimately awarded the family $100,000 in damages, which Barnett must pay now that the Supreme Court has rejected his appeal.
MALDEF also represents 16 individuals who complained they were assaulted in a similar fashion by Barnett in March 2004 near a state highway in Douglas, Arizona. The case is currently pending in federal court and expected to go to trial in spring 2009.
Tuesday, September 23, 2008
California leads the nation in households that speak a language other than English. Tyche Hendricks writes for the San Francisco Chronicle:
San Francisco resident Carlos Dimaano, 50, a recent immigrant from the Philippines, speaks English in his job at a community center. But when he goes home to cook dinner for his 88-year-old father, the two lapse into their native Tagalog.
The men are among the almost 43 percent of Californians who speak a language other than English at home, a proportion far higher than in any other state in the country, according to census figures released today. Speaking another language at home doesn't mean they don't also speak English in the home.
Click here for the rest of the story.
The Executive Office for Immigration Review was the subject of a hearing today before the U.S. House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. Professor Stephen Legomsky (Washington U) testified about, among other things, the "streamlining" of the BIA and its procedures. See Download legomsky_testimony.wpd