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Greg Siskind on Immigration Law and Policy

AILA Launches Pro Bono Program to Help DREAMers

Rating: 4 votes, 5.00 average.

And I'm proud that my law firm is one of the first to volunteer. From the American Immigration Lawyers Association:



The American Immigration Lawyers Association (AILA) is pleased to announce the AILA DREAM Defenders (AD2) pro bono program, which will support young adults who would benefit from the DREAM Act if it were to pass Congress and be signed into law. AILA has committed to match qualifying young adults with immigration attorneys who will provide legal services free of charge. The DREAM Defenders program is a collaboration between AILA, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, DREAM Activist, United We Dream, the National Immigrant Youth Alliance, and Educators for Fair Consideration, and is the first national partnership of its kind.


AILA will receive cases from its coalition partners, which will then be passed on to AILA member attorneys who will provide pro bono services as AD2 volunteers. "The legal assistance we can provide is essential," said AILA Immediate Past-President David Leopold. "Without an attorney beside them, DREAM Act candidates, who are educated and ready to contribute to our society, may find themselves in a tough situation. With AD2, we really are defending dreams; this is the next generation of leaders and entrepreneurs that America needs to prosper."


Many national organizations have been engaged in advocacy efforts to promote the DREAM Act and have also taken action to protect individual DREAMers from deportation. "This partnership of DREAM Defenders strengthens our advocacy campaigns," said Mohammad Abdollahi of DREAM Activist, an online action and resource network for DREAMers and their allies. "Never before have we been able to list legal representation among our cache of tools for DREAMers. AILA's participation makes the push for change more concrete. We can all help these promising young people together."


AILA President Eleanor Pelta said of AD2 and the new DREAM Defenders partnership, "I'm very proud of this venture. For several years, AILA attorneys have worked with non profit organizations to assist DREAMers with pro bono legal representation. This partnership builds on their work by creating a formal referral process that DREAM advocacy organizations can use to match individual cases with AILA's AD2 attorneys."


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Comments

  1. Jack's Avatar
    "Without an attorney beside them, DREAM Act candidates, who are educated and ready to contribute to our society, may find themselves in a tough situation." -- David Leopold


    John Morton's already got it covered, David. He'll even do your work for you. From his memo:

    "While ICE may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is generally preferable to exercise such discretion as early in the case or proceeding as possible in order to preserve government resources that would otherwise be expended in pursuing the enforcement proceeding."

    "It is also preferable for ICE officers, agents and attorneys to consider prosecutorial discretion in cases without waiting for an alien or alien's advocate or counsel to request a favorable exercise of discretion."

    Potential DREAM Act beneficiaries (along with potentially just about everyone else) are covered under the 27 "not exhaustive" reasons to kill an enforcement proceeding. The directive is kill the case as early as they can. The alien or their attorney don't even have to pick an excuse--the government will come up with one for you! Easiest pro bono ever? There's no deal to agree to, no offer to convey to the client, nothing to draw up, nothing to sign--just hold your client's hand as the government asks them to leave and go about their illegal presence.

    The law will not be enforced against them so long as they are not considered a high risk to national security, have a serious or lengthy criminal record, are a known gang member, or have an egregious record of immigration violations, including a record of illegal reentry and having engaged in immigration fraud. Considering this memo was not leaked but publicized by ICE, "stealth amnesty" isn't the right description because it's out in the open for politicization purposes. And yet Obama gets no thanks from anti-enforcement ingrates. Look what ICE is doing for you and all you call them is "rogue"! If anything, pro-rule of law folks think they're going rogue by systematically not enforcing the law.


  2. Jack's Avatar
    One notable excuse not to execute the law is "likelihood of relief through a legal benefit in the future". In other words, even though, e.g., DREAM Act has failed to pass, we will go ahead and act as if it did. Congress cannot delegate immigration lawmaking even if it wanted to and the executive branch is, in effect, making up its own law. The executive branch is not enforcing current law as written but, instead, pretending there is already in place some prospective law. Despite characterizing their directive as "prosecutorial discretion", they gave away what's really going on with that "legal benefit in the future" line. It makes reference to law which does not exist and may never exist.
  3. gg's Avatar
    ICE Changed Its Tune on 'Secure Communities'
    By ADAM KLASFELD
    MANHATTAN (CN) - A federal judge opened the window a bit wider for immigration advocates to obtain "embarrassing" documents from the government about Secure Communities, an allegedly error-prone program that created fingerprint databases for deportation purposes.
    The government presented Secure Communities to the public as a way to deport undocumented immigrants believed to have committed serious crimes, by letting state and local law enforcement share criminal fingerprint databases with the FBI and Department of Homeland Security.
    In practice, immigration advocates say the databases are error-prone and contained fingerprints of people pulled over for traffic violations. They contend that authorities furtively rushed the program into mandatory, nationwide implementation without significant public engagement.
    In April 2010, the National Day Laborer Organizing Network, Center for Constitutional Rights and Benjamin N. Cardozo School of Law filed in a freedom of information lawsuit against five federal agencies implementing the program.
    Last month, U.S. District Judge Shira Scheindlin ordered the release of thousands of documents dating back to Jan. 27, 2010. Homeland Security's Office of Inspector General announced the same day that it would launch an investigation into the program to determine whether the participating agencies misled the public.
    But the National Day Laborer Organizing Network and other advocates protested, saying that the discrepancy over the voluntary nature of Secure Communities dates further back.
    Scheindlin said Monday that the new evidence persuaded her that ICE told the public Secure Communities was voluntary, months earlier than she had first estimated, before reversing its position.
    The agency just announced that it was mandatory on Friday.
    "I have no doubt, based on all the submissions in the instant matter, that Secure Communities was presented to the public as voluntary for some period of time, perhaps from its inception in 2008, and subsequently presented as mandatory, and that the shift in the agency's public position represented a shift in policy," Scheindlin wrote.
    The new evidence shows that ICE stated that Secure Communities described Secure Communities as voluntary at a House Appropriations Committee hearing on April 2, 2009. Scheindlin set that as the new cutoff date for document production.
    She said her first cutoff date was a judiciously "conservative estimate."
    "There is great public interest attending the ever intensifying debate around Secure Communities, as well as a clear record that the relevant federal agencies have made it quite difficult to ferret out the details of their policies," Scheindlin wrote.
    The agencies must turn over the additional nine months worth of documents by Aug. 29.
    On Friday, the legal director of the National Day Laborer Organizing Network ripped the U.S. Immigration and Customs Enforcement for voiding contracts with 39 state partners that believed they could opt out of the program.
    "Today's announcement confirms ICE's status as a rogue agency," Chris Newman said in a statement Friday. "The level of deception involved in S-Comm so far has been alarming, but this moves things to another level. A contract is a contract - but apparently not when it comes to ICE."


    Court Order :
    http://www.courthousenews.com/2011/08/09/Policy%20Chage%20Date%208-8.pdf
  4. Jim's Avatar
    Article about Nursing shortage!!!
    http://www.linkedin.com/news?actionBar=&articleID=691486733&ids=0OczkNc3wPe3oIdjoUdzsVc3ASb38TdPoQdj4VdyMVczoTdjoOejoIcPcTdzwQcjAS&aag=true&freq=weekly&trk=eml-tod-b-ttle-14
  5. Legal and no longer waiting's Avatar
    Jack, it is the same when South Carolina procecutors decide not to press charges against an admitted criminal, like someone who committed adultery. Got news for you - nobody wants to enforce stupid unfair laws, and eventually nobody will.
  6. Jaz's Avatar
    It's about time attorneys stepped up to help these students. They have a lot to lose in placing availing themselves to immigration authorities. Thank you AILA!
  7. gg's Avatar
    New "W" non-immigrant visa for agricultural workers draft proposal by Congressman Dan Lungren

    https://ex.democracydata.com/C3E6780211155CD8D62325A9E604C0D47E76F772/4f0cdc65-e181-4771-a1d7-758f6ae8e621.pdf
  8. gg's Avatar
    Republican state senator says comprehensive immigration reform needed

    http://www.abc15.com/dpp/news/state/republican-state-senator-says-comprehensive-immigration-reform-needed-
  9. Another Voice's Avatar
    "Republican state senator says comprehensive immigration reform needed"

    I am sure it was crazy hot in AZ that day.... he did not know what he was saying!!! It happens to people in AZ just look at McCain....
  10. gg's Avatar
    ABC News Investigation: The Blueberry Children

    Young Children Found Working in Fields Across America

    http://abcnews.go.com/Blotter/slideshow?id=8953113
  11. Jack's Avatar
    August 10, 2011, 8:59 pm
    Hispanic Organizations Give Obama and Congress a C
    By JULIA PRESTON

    For Latinos, the lack of movement toward an immigration overhaul to give legal status to illegal immigrants overshadowed progress on other issues, Hispanic leaders said.

    "The amount of enforcement activity by the administration has been a great disappointment to our community," Ms. Rodr?guez L?pez said.

    Immigration "is an American problem," said Carmen Segarra, national policy chairwoman of the Hispanic National Bar Association. "This is not a Republican problem or a Democratic problem."

    ---------

    An American problem? That's funny, Hispanic group leaders seem to think that we should not enforce immigration law and grant amnesty simply because people of their ethnicity happen to be those mostly in violation of it. If the majority of the illegally present were not Hispanic, would they even care about the issue? Or would they be against amnesty so as not to dillute their power and "greatly disappointed" if the law were NOT enforced? I have more respect for true open border ideologues, however misguided, who think unlimited immigration is in the American interest (although often they too want the law ignored just because they disagree with it). It's ridiculous to get lectured to by people who are patently about their self-interest, not the American interest.
  12. Jack's Avatar
    Re: The Blueberry Children

    They want child labor and whatever the age cut-off, they'll just go lower. That's a similar problem with the guest worker concept. The more you put in protections and benefits for the workers, the less the grower will want to use it and simply fall back on illegal labor. Thus, if you have to make the guest worker program more slave-like and against American values in order to get participation in it, what's the point? Whatever guest worker plan we have or come up with, then when it's not used we'll hear "we need a REAL guest worker program!"
  13. Another Voice's Avatar
    "An American problem? That's funny, Hispanic group leaders seem to think that we should not enforce immigration law and grant amnesty simply because people of their ethnicity happen to be those mostly in violation of it."
    No Jack that is your misguided perception of the issue. Actually the reality is that the Immigration laws get broken because they do not fit the reality of the country. AS STATED many times here, on the one hand business invites the workers( supply demand economics). Yet on the other hand they are criminalized and demonized by people in your camp. I the laws allowed for supply and demand to meed the needs of business and labor and we could reform the system rather than sticking our head in the sand and SCREAM AMNESTY every time someone tries to fix it, we would not be here would we?

    "If the majority of the illegally present were not Hispanic, would they even care about the issue?"
    That is like saying when slavery or segregation were the law of the land the only ones that cared about these laws were African Americans, you think? Come on Jack show us that there is something up there in your head other than racism!!!

    "Or would they be against amnesty so as not to dillute their power and "greatly disappointed" if the law were NOT enforced"
    many stupid laws are not enforced today, just look at the war on drugs, consumption is up the Cartels are more powerful than ever. Clearly the laws against Illegal drugs are not getting the job done, but in your mind we should stick to the failing strategy no matter what..... See I always tells you, stick to the talking points Jack reality does not help your cause. You think that your ideology is above all!!!!

    "I have more respect for true open border ideologues, however misguided, who think unlimited immigration is in the American interest (although often they too want the law ignored just because they disagree with it). It's ridiculous to get lectured to by people who are patently about their self-interest, not the American interest."

    Yo do not have respect for open border folks, you are the typical hypocrite. That is like saying see I am not racist I know a couple of back guys, therefore I could not be a racist. Immigration throughout history has always been a positive force to this country and has always contributed, only people like you deny it but read up on the history of our country. So if Immigration has always been good for the country that could not go against American Interest, that is all in your mind and people like you..... Tancredo talk like your only plays well in your mind in reality you hit a brick wall and it turns into what it is BS.....
  14. Jack's Avatar
    "your misguided perception of the issue"

    You deny an in-group bias against enforcement and for legalization?


    "business invites the workers"

    Yeah, that's why those who don't condone illegal presence favor a more effective form of employment verification. Your position is that we've tried

    everything; none of it works; therefore it is proven that nothing can ever work or even make a difference. Your hypothesis is flawed because we have NOT

    tried everything, not even close. Do you think the current I-9 requirement is the most effective verification process we can come up with? Could we audit

    more and issue more fines? Could fines be higher? Do you also think tax law compliance has nothing to do with perceived chance of audit, severity of

    penalties, and that W-2 amounts are checked against income reported on income tax filing forms?


    "Yo do not have respect for open border folks"

    Like I said, if their heart is in it for some overall good. Not so much if it is for selfish gain (pecuniary or power). And also not an attitude that the

    only laws which should be abided by are those I personally agree with.


    "So if Immigration has always been good for the country that could not go against American Interest"

    That's a logical fallacy which seems to elude a lot of immigration boosters. Because something has been good in the past, it cannot be anything but good

    forever? It is perfectly consistent to say that "immigration has always been good for the country" but is no longer in the American interest. The most

    obvious difference is the number you're adding to. Since nothing can grow forever, including population, population growth will stop at some point anyway.

    If you think we are near or above the optimum U.S. population (for which there is substantial scientific evidence), it makes sense to at least decrease the

    addition to the population caused by the current immigration level. See the logic?
  15. US Visa Extension's Avatar
    There is a 2012 Presidential election coming up which also includes the election of U.S. Representatives and U.S. Senators. There are issues that may be important to you - from Immigration Reform to job creation to reducing our debt. But too often, the majority of Americans stay home and a minority basically elects our politicians who in turn make and enact legislation that has an affect on all of us. The American dram critic and editor, George Jean Nathan once said: " Bad politicians are elected by good citizens who do not vote." So, we basically get what we deserve if we do not exercise one of the most important rights given to U.S. Citizens - the right to vote.
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