Think Immigration - American Immigration Lawyers' Association

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This blog is by the membership of the American Immigration Lawyers Association (AILA), to help focus the national debate on the real facts about immigration and the means to achieve a just and rational system.
Updated: 2 hours 35 min ago

Speak Now or Forever Hold Your Peace

February 13, 2024 - 11:48

AILA member Maurice "Mo" Goldman shares insights into why it feels the country is moving away from valuing its history as a "nation of immigrants" and emphasizes the need for immigration attorneys and their clients to share their stories and shift the narrative.

The post Speak Now or Forever Hold Your Peace first appeared on Blog: Think Immigration.

25 Years Ago the State Department Recognized How Visa Consul and Immigration Counsel Can Work Together in the Visa Application Process

February 8, 2024 - 11:29

AILA member Liam Schwartz reflects on Department of State cable 99 State 21138 which was spearheaded by the late Stephen K. Fischel; the cable highlights the importance to the visa application process of the working relationship between consular officers and immigration attorneys.

The post 25 Years Ago the State Department Recognized How Visa Consul and Immigration Counsel Can Work Together in the Visa Application Process first appeared on Blog: Think Immigration.

The Mandatory Detention of Unlawful Entrants Seeking Asylum in the United States and the Due Process Protection

February 1, 2024 - 10:50

AILA Law Journal author Jim Nzoguma Mayua shares more about his article in the Fall 2023 edition of the journal, in which he discusses the legal uncertainty stemming from Supreme Court rulings denying asylum seekers due process protection.

The post The Mandatory Detention of Unlawful Entrants Seeking Asylum in the United States and the Due Process Protection first appeared on Blog: Think Immigration.

Is Chevron Dead? Thoughts after Oral Arguments in Relentless, Inc. and Loper Bright Enterprises

January 25, 2024 - 13:29

Brian Green and Stephen Yale-Loehr describe the recent oral arguments in two SCOTUS cases which could dramatically affect federal agency review; it is yet unclear whether the decisions will hurt or help immigrants when challenging ambiguous agency decisions or interpretations.

The post Is Chevron Dead? Thoughts after Oral Arguments in Relentless, Inc. and Loper Bright Enterprises first appeared on Blog: Think Immigration.

A Bridge We Can All Cross

January 24, 2024 - 11:34

AILA members César Magaña Linares and Raquel Fernández—a Salvadoran Dreamer with TPS and a second generation Venezuelan American—call for intra-immigrant solidarity.

The post A Bridge We Can All Cross first appeared on Blog: Think Immigration.

SCOTUS Hears Oral Arguments on Notice Requirements (Again)

January 22, 2024 - 12:21

In this blog post, AILA Policy and Practice Counsel Manolasya Perepa describes the recent SCOTUS consolidated oral arguments in Campos-Chavez v. Garland and Garland v. Singh and notes that “issues of improper notice pervade multiple aspects of the immigration system.”

The post SCOTUS Hears Oral Arguments on Notice Requirements (Again) first appeared on Blog: Think Immigration.

How the “Internal Enemy” Label Forces Venezuelans to Flee Their Country

January 19, 2024 - 09:26

AILA Law Journal authors Emercio José Aponte and Andrea Paola Aponte share more about their article in which they discuss how the current authoritarian regime in Venezuela has been violating citizens’ human rights and what that means for claims of asylum.

The post How the “Internal Enemy” Label Forces Venezuelans to Flee Their Country first appeared on Blog: Think Immigration.

Take the First Step and Just Apply for the Maggio Fellowship!

January 17, 2024 - 10:50

Alejandra Arrieta, the 2023 Maggio Fellowship winner, describes how the fellowship offered opportunities to network and train in immigration law. 2024 fellowship applications are due by February 16.

The post Take the First Step and Just Apply for the Maggio Fellowship! first appeared on Blog: Think Immigration.

No Fault/Technical Reasons: A Chronicle of Misfeasance Exposed

January 11, 2024 - 09:59

AILA Law Journal author Martin Robles-Avila highlights how a flawed rulemaking process has affected Nonimmigrant Status breaches and a quandary business immigration practitioners often find themselves in determining whether a client is eligible for adjustment of status.

The post No Fault/Technical Reasons: A Chronicle of Misfeasance Exposed first appeared on Blog: Think Immigration.

FOIA Behind the Scenes – How USCIS and DOS Process Immigration-Related Requests

January 10, 2024 - 10:24

AILA member Alexandra Zaretsky describes how the International Refugee Assistance Project decided to find out how USCIS and the State Department process FOIA requests by filing a “meta-FOIA” which unearthed some questionable agency policies of potential interest to others.

The post FOIA Behind the Scenes – How USCIS and DOS Process Immigration-Related Requests first appeared on Blog: Think Immigration.

New England AILA Members Joined Community and Government in Helping Newcomers

January 8, 2024 - 12:25

AILA New England Chapter Chair Robin Nice describes the recent successful set of EAD clinics hosted in Massachusetts, where state and federal agencies worked together with local partners and volunteers "to address immigration issues in a cooperative, common sense, humane manner."

The post New England AILA Members Joined Community and Government in Helping Newcomers first appeared on Blog: Think Immigration.

Digging Into One Key Aspect of Refugee Designations

January 4, 2024 - 10:12

AILA Law Journal author Betsy Fisher shares more about her recent article published in the journal which reflects on the disappointing results she has seen in one kind of humanitarian program: Priority-2 (or P-2) refugee resettlement, and seeks to identify ways to best leverage P-2 resettlement.

The post Digging Into One Key Aspect of Refugee Designations first appeared on Blog: Think Immigration.

Advancing Gender and Sex Equality in Asylum Protections 

December 21, 2023 - 15:44

AILA Law Journal Author Elaine Wood shares a bit about her article entitled “Persecution Taxonomy: Adding Sex and Gender as Protected Grounds for Asylum” in which she argues persuasively that revising the applicable language is now imperative to address contemporary concerns.

The post Advancing Gender and Sex Equality in Asylum Protections  first appeared on Blog: Think Immigration.

An Article I Immigration Court

December 14, 2023 - 10:00

The Honorable Mimi Tsankov, President of the National Association of Immigration Judges, shares brief highlights of her article on the need for an independent Article I immigration court, featured in the Fall 2023 edition of the AILA Law Journal.

The post An Article I Immigration Court first appeared on Blog: Think Immigration.

What’s Inside the Fall 2023 Edition of the AILA Law Journal?

December 7, 2023 - 11:24

Editor-in-Chief Cyrus Mehta describes the topics and issues covered in the Fall 2023 edition of the AILA Law Journal, highlighting the set of timely and important articles; the digital edition is available free to AILA members.

The post What’s Inside the Fall 2023 Edition of the AILA Law Journal? first appeared on Blog: Think Immigration.

End-of-Year Reflection on the State Department’s FY23 Visa Processing Achievements and What Needs to Be Done Next

December 5, 2023 - 12:24

AILA Senior Policy Associate Paul Stern shares an end-of-year reflection on how the State Department's visa processing went in Fiscal Year 2023, and lays out the work that remains, including how Congress can help address the delays and backlogs permanently.

The post End-of-Year Reflection on the State Department’s FY23 Visa Processing Achievements and What Needs to Be Done Next first appeared on Blog: Think Immigration.

Let’s Put the H-2B Visa Category to Work!

November 30, 2023 - 13:53

Ally Bolour describes the H-2B visa program, which Congress enacted to meet the demand of U.S. businesses for temporary workers in non-agricultural occupations, and urges specific changes to make the program more effective and responsive to American employers’ needs.

The post Let’s Put the H-2B Visa Category to Work! first appeared on Blog: Think Immigration.

Potential Game-Changer Cases for Immigration Law at SCOTUS

November 29, 2023 - 13:37

AILA Members and litigation experts Brian Green and Stephen Yale-Loehr describe three SCOTUS cases that could have significant implications for the practice of immigration law; the legitimacy of the current U.S. immigration court system could be undermined depending on the rulings.

The post Potential Game-Changer Cases for Immigration Law at SCOTUS first appeared on Blog: Think Immigration.

White House EAD Sprint Gives Immigrants in Need a Chance to Earn Their Dignity

November 15, 2023 - 10:54

NYC Chapter Chair Kushal Patel describes the whirlwind effort bringing together the White House, local government, non-profits, and volunteers to conduct a two-week EAD clinic in New York City to help migrants in shelters apply for work permits.

The post White House EAD Sprint Gives Immigrants in Need a Chance to Earn Their Dignity first appeared on Blog: Think Immigration.