Wednesday, July 3, 2013

Same-sex spouse immigrant visa petitions to be treated the same

“To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.” – Statement from Secretary of Homeland Security Janet Napolitano

Read the entire statement including a short FAQ here.

Monday, August 20, 2012

Hells Angels Sues Over Visa Denials for Foreign Members

 

via The Blog of the Legal Times

The Hells Angels Motorcycle Club has a history of clashing with law enforcement, but the group is hoping a Washingtonfederal judge will take its side in a new fight over federal immigration law.
In a lawsuit (PDF) filed last week, Hells Angels challenged policies that bar foreign members from traveling to the United States.

Hells Angels describes itself as a club for motorcycle enthusiasts, but it's classified as a criminal organization by the U.S. Department of State and U.S. Department of Homeland Security. In a lawsuit filed August 16 in U.S. District Court for the District of Columbia, Hells Angels claims that the "known criminal organization" designation isn't warranted and that federal officials have a blanket policy of denying visas to foreign members that conflicts with federal immigration laws.
Hells Angels, according to the complaint, has charters in 35 countries, including theUnited States, and clubs in at least four more countries are seeking to join.


Monday, June 25, 2012

Supreme Court Limits Arizona's Overreach on Immigration, Leaves Door Open to Future Challenges

Courtesy of the American Immigration Council

June 25, 2012

Washington D.C. - In a blow to the state anti-immigration movement, the Supreme Court ruled today that the authority to enforce immigration laws rests squarely with the federal government, limiting the role that states may play in crafting state-level answers to immigration enforcement. By a 5-3 margin, the Court struck down three of the four provisions of SB 1070 that were challenged by the Obama administration as pre-empted under federal law. While the Court agreed that Arizona’s attempt to limit immigration by creating new laws and new penalties to punish undocumented immigrants was pre-empted, it found that a provision requiring local police to investigate the legal status of suspected undocumented immigrants was not pre-empted on its face. The court read this provision very narrowly, however, leaving open the door to future lawsuits based on racial profiling and other legal violations.


“Today’s decision makes clear that the federal government—and only the federal government—has the power and authority to set the nation’s immigration policies,” said Benjamin Johnson, Executive Director of the American Immigration Council. “Despite its strongly worded rejection of Arizona's effort to set its own immigration policies, the Court adopted a wait-and-see approach to the controversial racial profiling section of the law. There is already ample evidence of discrimination and abuse in Arizona, and many communities in the state will bear the brunt of the Court's unwillingness to face that reality. It's time for Congress to heed the dire warnings contained in this opinion and recommit to fixing our broken immigration system.”

Link to American Immigration Council Press Release.

VIDEO: Sheriff Joe Arpaio talks SB 1070, DREAM Act

http://www.abc15.com/dpp/news/region_phoenix_metro/central_phoenix/video-sheriff-joe-arpaio-talks-sb-1070-dream-act

Obama Statement on SB 1070 Supreme Court decision

I am pleased that the Supreme Court has struck down key provisions of Arizona's immigration law. What this decision makes unmistakably clear is that Congress must act on comprehensive immigration reform. A patchwork of state laws is not a solution to our broken immigration system – it’s part of the problem.

At the same time, I remain concerned about the practical impact of the remaining provision of the Arizona law that requires local law enforcement officials to check the immigration status of anyone they even suspect to be here illegally. I agree with the Court that individuals cannot be detained solely to verify their immigration status. No American should ever live under a cloud of suspicion just because of what they look like. Going forward, we must ensure that Arizona law enforcement officials do not enforce this law in a manner that undermines the civil rights of Americans, as the Court’s decision recognizes. Furthermore, we will continue to enforce our immigration laws by focusing on our most important priorities like border security and criminals who endanger our communities, and not, for example, students who earn their education – which is why the Department of Homeland Security announced earlier this month that it will lift the shadow of deportation from young people who were brought to the United States as children through no fault of their own.

I will work with anyone in Congress who’s willing to make progress on comprehensive immigration reform that addresses our economic needs and security needs, and upholds our tradition as a nation of laws and a nation of immigrants. And in the meantime, we will continue to use every federal resource to protect the safety and civil rights of all Americans, and treat all our people with dignity and respect. We can solve these challenges not in spite of our most cherished values – but because of them. What makes us American is not a question of what we look like or what our names are. What makes us American is our shared belief in the enduring promise of this country – and our shared responsibility to leave it more generous and more hopeful than we found it.