USCIS Update

FOR IMMEDIATE RELEASE

WASHINGTON—A group of approximately 25 area children representing 16 countries will celebrate their U.S. citizenship during a special ceremony Tuesday at President Lincoln's Cottage. The ceremony will take place in the cottage's Emancipation Room, where it is believed President Abraham Lincoln drafted the Emancipation Proclamation.

Sarah Taylor, Washington District Director, U.S. Citizenship and Immigration Services (USCIS), will administer a special Oath of Allegiance and present the children with Certificates of Citizenship. President Lincoln’s Cottage Director Erin Carlson Mast will address the children. Following the ceremony, the children will receive a tour of the cottage. During the Civil War, the cottage was home to President Lincoln and his family from June to November in 1862, 1863 and 1864.

The children, ages 6 to 14, hail from the following countries: Afghanistan, China, Dominican Republic, Egypt, El Salvador, Ethiopia, India, Nepal, Pakistan, Peru, Philippines, South Korea, Sudan, Turkey, Vietnam and Zambia. 

USCIS periodically holds special ceremonies for children to recognize and celebrate their citizenship, which is generally derived through their naturalized parents or adoption. For more information about USCIS programs, please visit www.uscis.gov.

WHEN: 2 p.m. Tuesday (April 24)

WHERE: Armed Forces Retirement Home (Eagle Gate)

President Lincoln's Cottage

Rock Creek Church Road NW and Upshur Street NW

Washington, D.C. 20011

*If using GPS: 140 Rock Creek Church Road

CONTACT: Daniel Cosgrove, public affairs officer, USCIS, 202-272-1228 (O), 202-604-9839 (C)

Alison Mitchell, media relations, President Lincoln's Cottage, 202-829-0436 x31228

NOTE: Media: Please RSVP to daniel.cosgrove@dhs.gov no later than 10 a.m. Tuesday. Free parking available. For directions, visit www.lincolncottage.org.  

For Immediate Release

April 11, 2012 -Washington D.C. - The concepts of discretion and proportionality are deeply ingrained in the American justice system. When creating and enforcing the law, government officials must constantly evaluate when and where to apply the law, and what constitutes a fair punishment. Yet as states increasingly get into the business of immigration enforcement, and as Congress continues to propose more punitive consequences for immigration violations, the concepts of discretion and proportionality have been lost.

Today, the Immigration Policy Center releases two new papers exploring these two important legal concepts:

Proportionality in Immigration Law: Does the Punishment Fit the Crime in Immigration Court?, by Michael Wishnie, suggests that understanding the use of proportionality in criminal and civil law offers immigration practitioners a new way to challenge the status quo, particularly in cases where the underlying basis for the removal order and the resulting consequences of removal are so disparate.

“Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense,” said Michael Wishnie. “The principle is ancient and nearly uncontestable, and its vitality is well established in numerous areas of criminal and civil law, in the United States and abroad. The Constitution does not compel mercy, but it does require proportionality. Principles of proportionality should also find expression in immigration policy, whether implemented at the federal, state, or local level.”

Prosecutorial Discretion in Context: How Discretion is Exercised Throughout Our Immigration System, by Hiroshi Motomura, traces the role of discretion throughout the immigration enforcement process. Understanding this role is important not only in individual cases, but also in how policymakers write regulations and draft laws. Knowing how the enforcement system anticipates and incorporates discretion is key to understanding how our immigration laws work.,

“Discretion is exercised at many stages of the enforcement process. The discretion that has the most practical significance is the discretion to arrest or stop people, even for non–immigration matters, and then to put them into contact with federal immigration enforcement,” said Hiroshi Motomura. “I’m concerned that state and local police are making more and more of these crucial decisions and that the federal government is allowing this to happen.”

To view the papers in their entirety see: 

Proportionality in Immigration Law: Does the Punishment Fit the Crime in Immigration Court? by Michael Wishnie.

Prosecutorial Discretion in Context: How Discretion is Exercised Throughout Our Immigration System by Hiroshi Motomura. 

To listen to a recording of a tele-briefing discussing both papers visit: http://bit.ly/HLopAH

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For more information contact Wendy Sefsaf at wsefsaf@immcouncil.org.

The Immigration Policy Center (IPC), established in 2003, is the policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC is a non-partisan organization that neither supports nor opposes any political party or candidate for office.    

Division of the American Immigration Council.    

MORRISTOWN, N.J. —U.S. Citizenship and Immigration Services (USCIS) will celebrate the naturalization of 37 new citizens from 23 countries at a ceremony at Washington’s Headquarters Museum in Morristown, NJ on Friday, April 13. The ceremony will be led by John Thompson, USCIS Newark District Director.

The 37 citizenship candidates originate from the following 23 countries: Afghanistan, Brazil, Chile, China, Colombia, Cote D’Ivoire, Dominican Republic, Ecuador, Guyana, India, Jamaica, Kosovo, Nicaragua, Nigeria, Pakistan, Peru, Philippines, Poland, Slovakia, Syria, Trinidad and Tobago, Tunisia, and Ukraine.

The candidate from Brazil will be available for interview with Portuguese-language press.

In Fiscal Year 2011, USCIS naturalized more than 690,000 people.

WHO:

John E. Thompson, District Director—Newark, USCIS

Jill A. Hawk, Superintendent— Morristown National Historical Park

Harry Carpenter, President— Washington Association of New Jersey

Randi Borgen, Field Office Director—Newark, USCIS

WHEN:

Friday, April 13, 2012,  12:30 p.m.

WHERE:

Washington’s Headquarters Museum
30 Washington Place
Morristown, NJ 

USCIS CONTACT:

Katie Tichacek
Media Relations Manager, USCIS
212-264-5098  office
202-420-9581 cell

katherine.tichacek@dhs.gov

NOTE:

For planning purposes, media attending the ceremony are requested to RSVP to

Katie Tichacek at 212-264-5098 or katherine.tichacek@dhs.gov by Thursday, April 12th at 5 p.m

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship.

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this proposed rule will more effectively achieve,” said USCIS Director Alejandro Mayorkas. “The current process can subject U.S. citizens to months of separation from family members who are waiting for their cases to be processed overseas.  The proposed change will have tremendous impact on families by significantly reducing the time of separation.”

USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition.

The proposed process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. USCIS will consider all public comments on the proposed rule announced today before publishing the final rule in the coming months. Individuals at this time should not to submit an application for a provisional unlawful presence waiver, or allow anyone to submit one on their behalf because it will be rejected.

USCIS encourages the public to submit formal input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012. For a question-and-answer document regarding the proposed rule, click here.

A detailed Web page addressing the proposed rule is currently posted to www.uscis.gov/provisionalwaiver. Additional details on the proposed process changes will be available at www.regulations.gov. For more information on USCIS and its programs and services, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon. 

For Immediate Release

March 12, 2012

Washington D.C. - Last week, an alliance of national immigration advocacy organizations filed suit against the Department of Homeland Security (DHS), seeking to compel the release of documents concerning the agency’s Criminal Alien Program (CAP).

Seeking greater transparency, the American Immigration Council (AIC) and the Connecticut chapter of the American Immigration Lawyers Association (AILA) brought the suit under the Freedom of Information Act (FOIA), which requires federal agencies to produce responsive, non-exempt records upon request.  For years, the public has been unable to scrutinize CAP because DHS has shrouded the program in secrecy. AIC and AILA Connecticut requested a variety of documents related to CAP last year, but DHS has not produced a single one.

CAP is the workhorse of the federal immigration enforcement system. Under CAP, Immigration and Customs Enforcement (ICE) agents are stationed in prisons and jails, visit other detention facilities, and initiate deportation proceedings against people convicted of criminal offenses. However, CAP also sweeps up individuals who have been arrested but never convicted of any crime. And while DHS is still rolling out Secure Communities, CAP — a more far-reaching program — has been operational for years. Over the past five years alone, CAP has led to the arrest of more than a million people, and the program was implicated in approximately half of all removal proceedings in FY 2009.

“Although CAP supposedly targets the worst criminal offenders, the limited information we have shows that this is not always the case,” according to Melissa Crow, Director of AIC’s Legal Action Center. “Like Secure Communities, this insidious program seems to target individuals with little or no criminal history for deportation and to incentivize pretextual stops and racial profiling.”

“CAP is the elephant in the room when it comes to immigration enforcement,” said Caitlin Bellis, a law student intern at the Worker and Immigrant Rights Advocacy Clinic of Yale Law School, which represents AIC and AILA, together with co-counsel at AIC. “The American people have a right to know how ICE is operating in their communities.”
"Like any other federal agency, ICE is subject to FOIA and should not be permitted to avoid its legal obligation to disclose relevant records" said Rita Provatas, Chair, AILA Connecticut Chapter. "We hope this information will enable us to determine how CAP is affecting immigrants in Connecticut and elsewhere."

The case is American Immigration Council, et al., v. Department of Homeland Security, No. 3:12-cv-00355-WWE (D. Conn. filed Mar. 8, 2012).
 
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For more information, contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524

For Immediate Release
March 7, 2012

Washington D.C. - Today, the Immigration Policy Center releases a snapshot of the Pew Hispanic Center’s extensive review of Census data. This data demonstrates that immigrants integrate into U.S. society over time and contribute to the U.S. economy. According to Pew’s analysis, most immigrants have been here for more than a decade and over time are more likely to become homeowners and learn English. Moreover, growing numbers of immigrants are becoming U.S. citizens and voters. The Pew data also shows the degree to which immigrants fuel labor-force growth and fill valuable roles in the economy as workers in both high-skilled and less-skilled occupations. In short, the data shows immigrants continue to be integral to the nation’s social and economic fabric.

To view the fact sheet in its entirety, see:

Pew Analysis Highlights Immigrant Integration and Economic Contributions (IPC Fact Check, March 7, 2012)

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For more information contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524.

The Immigration Policy Center (IPC), established in 2003, is the policy arm of the American Immigration Council. IPC's mission is to shape a rational conversation on immigration and immigrant integration. Through its research and analysis, IPC provides policymakers, the media, and the general public with accurate information about the role of immigrants and immigration policy on U.S. society. IPC reports and materials are widely disseminated and relied upon by press and policy makers. IPC staff regularly serves as experts to leaders on Capitol Hill, opinion-makers and the media. IPC is a non-partisan organization that neither supports nor opposes any political party or candidate for office.   

Division of the American Immigration Council.   

  

For Immediate Release

Release Date: March 1, 2012

Office of the Press Secretary

Contact: 202-282-8010

WASHINGTON—U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the formation of the Homeland Security Academic Advisory Council (HSAAC), comprised of prominent university presidents and academic leaders charged with advising the Secretary and senior leadership at the Department on several key issues.

“The formation of this Council represents an important milestone towards engaging the academic community in our homeland security efforts,” said Secretary Napolitano. “Their collective expertise will be a critical asset to the Department, and I look forward to working with them.”

The new council underscores the Department’s commitment to working with the academic community. Secretary Napolitano has asked the group, which will be chaired by Dr. Wallace Loh of the University of Maryland, to provide advice and recommendations on issues related to student and recent graduate recruitment; international students; academic research; campus and community resiliency, security and preparedness; and faculty exchanges.

The group’s inaugural meeting will take place on March 20 in Washington, D.C. A notice in the Federal Register formally announced the first meeting, which is open to the public.

Members* appointed to the HSAAC are:

Dr. Joseph E. Aoun, President of Northeastern University in Boston, Massachusetts

Ms. Carrie L. Billy, President of the American Indian Higher Education Consortium in Alexandria, Virginia

Dr. Walter G. Bumphus, President and CEO of the American Association of Community Colleges in Washington, D.C.

Dr. David M. Dooley, President of the University of Rhode Island in Kingston, Rhode Island

Dr. Royce C. Engstrom, President of the University of Montana in Missoula, Montana

Dr. Antonio R. Flores, President and CEO of the Hispanic Association of Colleges and Universities in San Antonio, Texas

Dr. Rufus Glasper, Chancellor of the Maricopa Community Colleges in Tempe, Arizona

Dr. Jay Gogue, President of Auburn University in Auburn, Alabama

Ms. Marlene M. Johnson, Executive Director and CEO of the Association of International Educators (NAFSA) in Washington, D.C.

Dr. Eric W. Kaler, President of the University of Minnesota in the Twin Cities, Minnesota

Dr. R. Bowen Loftin, President of Texas A&M University in College Station, Texas

Dr. Wallace Loh, President of the University of Maryland in College Park, Maryland

Dr. Gail O. Mellow, President of LaGuardia Community College in Long Island City, New York

Ms. Ruby G. Moy, President and CEO of the Asian Pacific Islander American Association of Colleges and Universities in Washington, D.C.

Dr. Hunter R. Rawlings, III, President of the Association of American Universities in Washington, D.C.

Dr. John Sexton, President of New York University in New York City, New York

Rear Admiral Sandra Stosz, Superintendent of the U.S. Coast Guard Academy in New London, Connecticut

Dr. Dianne Boardley Suber, President of Saint Augustine’s College in Raleigh, North Carolina

Dr. Holden Thorp, Chancellor of the University of North Carolina at Chapel Hill in Chapel Hill, North Carolina

*There are outstanding appointments still being determined at this time.

For more information, please visit www.dhs.gov.

PRESS RELEASE

February 23, 2012 - New Haven, Conn. – Today, as federal immigration authorities roll out their controversial Secure Communities program across the state, Sergio Brizuela, on behalf of a proposed class of all persons held by the Connecticut Department of Correction (DOC) based solely on a U.S. Immigration and Customs Enforcement (ICE) administrative detainer notice, requested that the U.S. District Court issue an order expediting their federal constitutional challenge. The request came in a federal habeas action filed last week, two days before Homeland Security Secretary Janet Napolitano announced the activation of Secure Communities in Connecticut.

Mr. Brizuela and the proposed class contend that confinement based solely on an ICE detainer notice – the mechanism on which Secure Communities depends - violates the Fourth, Tenth, and Fourteenth Amendments of the Constitution. Mr. Brizuela and the proposed class are represented by the Worker and Immigrant Rights Advocacy Clinic of Yale Law School.

The lawsuit and request for expedited treatment come as hundreds of Connecticut residents across the state have joined their local elected officials and law enforcement leaders in opposing this misguided program. A coalition of community groups, labor, and faith organizations delivered a letter to Governor Malloy this morning demanding that Connecticut refrain from honoring certain immigration detainers if ICE does not delay the implementation of Secure Communities. The Brizuela suit complements community resistance to the immigration authorities’ unconstitutional program.

Secure Communities forces every state, local, and tribal police officer to become an immigration officer, commandeering local resources in service of federal immigration policy and undermining the commitments of local police departments to community policing. Local law enforcement agencies routinely send arrestees’ fingerprints to the FBI for criminal background checks for the purposes of criminal investigation and public safety. Under Secure Communities, the FBI forwards those fingerprints to ICE. After comparing those fingerprints against its own biometric database, ICE can issue an immigration detainer to local authorities. The Department of Correction has a practice of honoring these detainers, even when the individual is arrested for traffic offenses and minor misdemeanors.

An immigration detainer is not a warrant: it is not based on sworn evidence, reviewed by an independent judge, or issued after a constitutionally required probable cause hearing. It is merely an administrative notice requesting that the local agency continue to detain an individual, even after that person would otherwise be released from state custody, until ICE comes to take custody. An immigration detainer carries no legal authority to order such continued detention, nor does it authorize continued detention. Nevertheless, the Connecticut DOC routinely enforces these detainers by holding individuals, at the state’s expense, for as many as five days. Now that Secure Communities is active statewide, many more Connecticut residents will be swept up and held on these illegal immigration detainers.

“Detainers are the linchpin of the Secure Communities program. Without them, the program cannot function,” stated Matthew Vogel, law student intern at the Worker and Immigration Rights Advocacy Clinic. “But confinement pursuant to these ICE notices is unconstitutional and unauthorized by Congress. The Department of Correction cannot hold people without lawful authority to do so.”

Today, February 22, 2012, Mr. Brizuela filed a motion in U.S. District Court requesting that the class action be expedited in light of the activation of Secure Communities and the increase in unlawful detention that it will likely bring. The motion asks the Court to order the Department of Correction to answer the lawsuit within days.

The case is Brizuela v. Feliciano, et al., No. 3:12-civ-226 (D. Conn filed Feb. 13, 2012).

Travis Silva

travis.silva@clinics.yale.edu
(203) 436-1933

Cody Wofsy

cody.wofsy@clinics.yale.edu
(510) 219-4771

FOR IMMEDIATE RELEASE

February 23, 2012 - USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful presence bars before leaving the United States.

These procedures are not in effect and will not be available to potential applicants until USCIS publishes a final rule in the Federal Register specifying the effective date. USCIS plans to publish a notice of proposed rulemaking in the coming months and will consider all comments received as part of that process before publishing a final rule.

Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting this new process and we will return the application package and any related fees to the applicant. USCIS cannot accept applications until a final rule is issued and the process change becomes effective. 

Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting uscis.gov/avoidscams.

If you already have an immigrant visa interview with the U.S. Department of State, we strongly encourage you to attend. The Department of State may cancel your immigrant visa registration if you fail to appear at this interview.