Our Successes Last Month  

National Citizenship Day

Claire de Gerin, an associate at BOILA volunteered at the AILA/Catholic Charities Naturalization Day at the Arlington Human Services Center.  There were about 100 legal assistants and 50 attorneys, all sitting for the whole morning to help out the applicants from the area prepare their naturalization form. That morning, we helped hundreds of green card holders fill out their N-400 forms, identify the documents that needed to accompany the form, informed them of the process of the interview. Each applicant spent time first with a legal assistant and an interpreter if necessary, then with a lawyer to review and sign the form. It was a well-organized event and a rewarding community service activity!

Danielle Beach volunteered for the same function in Yorktown, Virginia but it was not as well-attended. 

International Rescue Committee

Danielle Beach and Eskinder Tesemma volunteered to assist in giving information to asylees and refugees at Montgomery College, Maryland.Ms. Beach instructed about 28 persons in French on many benefit and obligations and pitfalls in obtaining green cards, naturalization or in bringing over derivative family. Eskinder our newest legal assistant assisted in answering questions in Amharic and Tigrinyan languages.

Naturalization Ceremony at the U.S. Eastern District of Virginia Courthouse

Danielle Beach spoke on behalf of the Daughters of the American Revolution (DAR) to welcome 74 new citizens from over 50 different countries. Adriane Evers, our legal assistant attended and assisted with the ceremony.  At this ceremony on May 19, 2011 U.S. District Court Judge Tim Ellis spoke eloquently of the meaning of the Oath they were taking. He elaborated on many prominent immigrants who had made our country great such as Alexander Hamilton, Irving Berlin, Zubin Mehta, Andrew Carnegie and others. He then mentioned the contributions of famous immigrants of African descent. Most endearing was his personal account of his own experiences and his attempt to speak and welcome the crowd in several languages. Finally he proceeded to welcome each and every new immigrant with a warm handshake and a few personal words. 

Reception for Human Rights Supporters in the Hart Building of the U.S. Senate

Eskinder Tesemma, a legal assistant at BOILA, attended the third anniversary of the imprisonment of seven members of the Yaran, the Iranian Baha'i community's former acting leadership group. The seven members have been in prison since March 2008.

U.S. Sen. Mark Kirk (R-Ill.), U.S. Sen. Dick Durbin (D-Ill.), U.S. Rep. Robert Dold (R-Ill.) and U.S. Rep. Dan Lipinski (D-Ill.) have recently introduced bipartisan resolutions in the House and Senate calling attention to the continued plight of Baha'is in Iran.

The event was hosted by U.S. Senator Mark Kirk at Washington's Hart Senate Office building on May 12, 2011, while a worldwide audience logged on to a live web cast of the event. Some 300 congressional staffs, representatives from human rights groups, media personnel and community members were in attendance, while a worldwide audience logged on to a live web cast of the event.

Baha'is comprises the largest religious minority in Iran, where the Baha'i religion was founded in the 19th century. According to the 2010 U.S. State Department International Religious Freedom Report, "Since the 1979 Islamic Revolution, more than 200 Baha'is have been killed, and many have faced regular raids and confiscation of property

U.S. Deputy Assistant Secretary of State, Kathleen Fitzpatrick told the reception that, while democratic evolution, change and reform is under way in the Middle East, "the Iranian authorities continue to use the brutal tactics of repressing their citizens, even as at times they applaud protestors in other areas..."  

USCIS Proposes Significant Enhancements to EB-5 Visa Processing to Help America Win the Future   

Actions Will Streamline Program Designed to Create Jobs

WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program-transforming the intake and review process for immigrant investors as part of the Obama administration's continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century.

The EB-5 Program makes 10,000 visas available annually to immigrant investors who invest in commercial enterprises that create at least 10 U.S. jobs. EB-5 investors may petition independently or as part of a USCIS-designated Regional Center.

"Congress created the EB-5 Program in 1990 to attract investors and entrepreneurs from around the globe to create jobs in America," said USCIS Director Alejandro Mayorkas. "We are dedicated to enhancing this program to ensure that it achieves that goal to the fullest extent possible."

USCIS is proposing three fundamental changes to the way it processes EB-5 Regional Center filings. First, USCIS proposes to accelerate its processing of applications for job-creating projects that are fully developed and ready to be implemented. USCIS will also give these EB-5 applicants and petitioners the option to request Premium Processing Service, which guarantees processing within 15 calendar days for an additional fee.

Second, USCIS proposes the creation of new specialized intake teams with expertise in economic analysis and the EB-5 Program requirements. EB-5 Regional Center applicants will be able to communicate directly with the specialized intake teams via e-mail to streamline the resolution of issues and quickly address questions or needs related to their applications.

Third, USCIS proposes to convene an expert Decision Board to render decisions regarding EB-5 Regional Center applications. The Decision Board will be composed of an economist and adjudicators and will be supported by legal counsel.

This proposal will be online until June 17, 2011, for public comment-providing stakeholders an opportunity to offer feedback on the proposed changes to the administration of the EB-5 Program. Visit the USCIS website here.

Senate Judiciary Committee Holds Key Hearing on Challenges Facing Immigration Court

Washington, D.C.-The American Immigration Council's Legal Action Center commends Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for convening today's hearing on "Improving Efficiency and Ensuring Justice in the Immigration Court System."

Immigration courts have long suffered from crushing backlogs that can delay the scheduling of hearings for years at a time.  Additionally, immigrants who appear before these courts enjoy fewer legal protections than most Americans expect from any fair system of justice.   With the dramatic and rapid escalation of immigration enforcement policies and resources, too little attention has been paid to the many challenges that face our immigration court system.

The backlogs in our nation's immigration courts are longer today than at any time in U.S. history.  In many U.S. cities, immigrants must wait eighteen months or longer for a hearing before an immigration judge.  These backlogs not only delay the removal of noncitizens with no lawful claim to remain in the United States, but also impose hardships on individuals-such as asylum seekers-whose status and ability to work remain in limbo until their cases are resolved.  The troubles that have long faced our immigration court system have been magnified and compounded by the Department of Homeland Security's increasing reliance on state and local law enforcement agencies.  So long as the federal government continues to expand its enforcement efforts through programs like Secure Communities and ignores the need for court reform, our nation's immigration courts will continue to be flooded beyond capacity.

Moreover, immigrants in removal proceedings have historically been denied the very rights that Americans have come to expect from civilized justice systems.  Unlike criminal defendants, immigrants who cannot afford an attorney have no right to appointed counsel.  Immigrants can also be removed on the basis of hearsay and other evidence that would be excluded in federal courts.  Vulnerable immigrants, including those who lack mental competency, are often deported without inquiries into their ability to comprehend the proceedings against them.  And the immigration court system remains largely exempt from crucial checks and balances like judicial review.

"For far too long, immigration courts have failed to provide a fair and efficient system of justice for immigrants in this country," said Melissa Crow, Director of the Legal Action Center at the American Immigration Council.  "While the enactment of comprehensive immigration reform should remain Congress's ultimate goal, improving the immigration courts would help treat a chronic, if under appreciated, symptom of our broken immigration system."

Information on the Rights of All Children to Enroll in School

All children in the United States are entitled to a basic public elementary and secondary education regardless of their race, color, national origin, citizenship, or immigration status or the status of their parents/guardians. School districts that either prohibit or discourage children from enrolling in schools because they or their parents/guardians are not U.S. citizens or are undocumented may be in violation of Federal law.

Below are some examples of acceptable enrollment policies-including proof of residency in the school district-as well as policies that may not be used by schools to deny enrollment to your child.
 

• Proof of Residency in the School District. School officials may require you to provide proof that you live within the boundaries of the school district. Copies of phone and water bills, lease agreements or other documents may be requested for this purpose. A school district's requirements to establish residency must be applied in the same way for all children.
  
  However, a school district may not ask about your or your child's citizenship or immigration status to establish residency within the district, nor may a school district deny a homeless child (including a homeless child who is undocumented) enrollment because he or she cannot provide the required documents to establish residency. 

• Birth Certificates. In order to show that a student falls within the district's minimum and maximum age requirements, school officials may require a copy of your child's birth certificate.
  
  However, a school district may not prevent your child from enrolling in school because he or she has a foreign birth certificate.
   
• Social Security Numbers.  Some school districts request a student's social security number when students enroll in order to use it as a student identification number. A district may request a student's social security number, but only if it (1) informs the student and parent that providing it is voluntary and (2) explains for what purpose the number will be used.
  
  However, a school district may not prevent your child from enrolling in school if you choose not to provide a social security number.
   
• Race or Ethnicity Data. School districts have some federal and state obligations to report race and ethnicity data about the students in their schools. School districts may request that you provide your child's race or ethnicity for this purpose.
  
  However, a school district may not bar your child from enrolling if you choose not to provide your child's race or ethnicity. 

If you want to learn more about your rights and the rights of your child when enrolling in public school, or if you believe that a school district is violating Federal law, you may contact the following government agencies:

Department of Justice, Civil Rights Division,
Educational Opportunities Section
Telephone: (877) 292-3804 (toll-free)
Fax: (202) 514-8337
Email: education@usdoj.gov

Department of Education, Office for Civil Rights
Telephone: (800) 421-3481
Email: ocr@ed.gov

If you wish to fill out a complaint form online with the Department of Education, you may do so here. 

May 26, 2011

Board of Immigration Appeals says Service of Charging Document on Minor Valid   

U.S. Broadens Job Prospects for Foreign Grads in Science Fields   

BIA Provides Framework for Assessing Mental Competency   

AG Exercises Review Authority in DOMA Case