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Archive for April, 2010

Advocates vow challenges to Ariz. immigration law

PHOENIX – Civil rights advocates vowed Saturday to challenge Arizona’s tough new law targeting illegal immigration, saying it will lead to racial profiling of Hispanics despite the governor’s assurance abuses won’t be tolerated.

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A. STATUTORY NUMBERS 1.  This bulletin summarizes the availability of immigrant numbers during May. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to [...]

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SUPREME COURT OF THE UNITED STATES PADILLA v . KENTUCKY Immigrant has an Ineffective Assistance of Counsel Claim Against Criminal Defense Lawyer who Did Not Properly Advice on Deportation Risks of Guilty Plea No. 08–651. Argued October 13, 2009      —Decided March 31, 2010 Petitioner Padilla, a lawful permanent resident of the United States for over [...]

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“Muzaffar Chishti,a lawyer who tracks state and local immigration laws at the Migration Policy Institute’s office at New York University Law School, said the Arizona bill might be unconstitutional because, with a few exceptions, immigration enforcement is the sole responsibility of the federal government. “I don’t see how it could pass constitutional muster,” Chishti said. “Immigration enforcement is seen exclusively as being in the federal domain except in certain conditions.” Kris Kobach, a University of Missouri-Kansas City law professor, disagreed. “There are some things that states can do and some things that states can’t do, but this law threads the needle perfectly,” said Kobach, who worked with Arizona lawmakers to craft the measure.” Arizona Republic, Apr. 14, 2010.

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“Phoenix Mayor Phil Gordon told SF Weekly that he believes the bill is racist and will be struck down in the courts for being unconstitutional. Basically, he says, it’s reversing the burden of proof to make a person have to prove he or she _isn’t_ an illegal immigrant.”

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The bill directs police to determine the immigration status of noncriminals if there is a ‘reasonable suspicion’ they are undocumented. Immigrant rights groups say it amounts to a police state.

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