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Center for Human Rights and Constitutional Law


"The test of our progress is not whether we add more to the abundance of those  
            who have much; it is whether we provide enough for those who have too little."       
- Franklin D. Roosevelt                            
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The Center for Human Rights and Constitutional Law collects a wide range of information, including news, studies, reports, policies, laws, pending legislation, and litigation regarding immigration law and policy, including legalization of undocumented immigrants.

This site is intended to serve as a resource for legal service providers, immigration scholars, community-based immigration advocates, and immigrants themselves.

It also collects information and resources for class members seeking legalization pursuant to the settlements in  CSS v. U.S. Citizenship and Immigration Services (“CSS”), Newman (LULAC) v. U.S. Citizenship and Immigration Services (“Newman”) , and Northwest Immigrants' Rights Project v. Department of Homeland Security ("NWIRP").




  What's New

Tried to file for legalization in 1987-88 and now in a deportation case.

If you tried to apply for legalization under the amnesty program in 1987-88 and the INS refused to accept your application, and you never applied for late amnesty under the CSS or LULAC settlements, and you are now in a deportation case, you may be able to challenge the INS's refusal to accept your amnesty application back in 1987-88. Such a challenge can be made only if the Immigration Judge orders you deported or grants you voluntary departure, and you appeal to the Board of Immigration Appeals (BIA). If the BIA rejects your appeal you have the right to appeal to a federal Court of Appeals. When you appeal to a federal Court of Appeals, at that time you can raise the fact that you tried to apply for amnesty in 1987-88 but the INS refused to accept your application because

 (1) you had briefly traveled outside the US between November 1986 and the time you tried to apply for amnesty, or

(2) between 1982 and 1988 you briefly traveled outside the U.S. and returned using a non-immigrant visa.

If this seems to apply to you, you may download a copy of a federal Court of Appeals decision that is helpful to your case, and you also download our Opening Brief to the Court of Appeals, the Government's Brief , and our Reply Brief.


DHS announces deferred action for DREAMers.

June 15, 2012.  At the direction of President Obama, Secretary of Homeland Security Janet Napolitano announced that the Administration would defer arresting or removing certain students and veterans who came to the United States as children. The Secretary further directed CIS to issue such persons deferred action— temporary permission to remain lawfully in the United States—and to authorize their employment.

photoUnder the new policy, an individual who —

• came to the United States under the age of sixteen;

• has continuously resided in the United States for a least five years preceding June 15, 2012 and is present in the United States on that date;

• is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

• has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety;

• is not above the age of thirty

will be granted deferred action (temporary permission to reside lawfully in the U.S.) and authorization to work. DHS's DREAMer memorandum is available here.


U.S. Supreme Court strikes down key provisions of Arizona's S.B. 1070

June 25, 2012. The United States Supreme Court issued its decision today in Arizona v. United States, the Justice Department's challenge to Arizona's S.B. 1070. Among other things, S.B. 1070 imposes criminal penalties on undocumented work, criminalizes failure to register with federal immigration authorities, requires local police to investigate the immigration of status of persons encountered in their daily duties, and to detain those suspected of being undocumented for federal agents.

The Supreme Court's opinion is available here.

PROPOSED LEGALIZATION PROGRAMS

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LATE AMNESTY

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GUEST WORKER PROGRAM
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AMNESTY RESEARCH
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Center for Human Rights and Constitutional Law Websites:

CENTERFORHUMANRIGHTS.ORG - CASA-LIBRE.ORG - CENTERFORHUMANRIGHTS.ORG/PRISONERS - CENTERFORHUMANRIGHTS.ORG/DOMA-
VOCESUNIDAS.ORG - NATIONALIMMIGRATIONREFORM.ORG - IMMIGRANTCHILDREN.ORG