20 Year Old Legalization Case FINALLY Ends — and Information about Other Legalization and Related Cases
On September 9, 2008, after more than twenty years of litigation, immigrants won a victory in the legalization national class action case, Northwest Immigrant Rights Project (NWIRP) v. USCIS (formerly Immigrant Assistance Project v. INS). The settlement agreement continues to have significant implications for immigrants today. We want to alert you to information about NWIRP and other longstanding class action decisions that may affect your clients. This information is available through the Immigration Advocates Network (IAN), our partner organizations, and other advocates. The Northwest Immigrant Rights Project (NWIRP) Settlement Agreement permits class members to file for legalization under the 1986 law during a one year period starting sometime before February 6, 2009. The lead counsel in NWIRP are Gibbs Houston Pauw and the Center for Human Rights and Constitutional Law. On the Immigration Advocates Network: – The “Alerts” section contains a copy of the Settlement Agreement and information from lead counsel at http://www.immigrationadvocates.org/link.cfm?10735 (login required)
On the Center for Human Rights and Constitutional Law website there is a summary of other late legalization cases including CSS and LULAC/Newman at http://www.nationalimmigrationreform.org/lateamnesty/
The Orantes injunction, litigated by the National Immigration Law Center and the ACLU, corrects systematic abuses against Salvadorans refugees, especially those in detention, who seek to apply for asylum and retain counsel. The government is attempting to vacate parts of the injunction on appeal. On the Immigration Advocates Network: The podcast, “Raids: Special Protections for Detained Salvadorans and the Humanitarian Guidelines for Detention” by Monica Ramirez, staff attorney at the ACLU Immigrants’ Rights Project in San Francisco, and Karen Tumlin, staff attorney at NILC in Los Angeles, explains the special protections offered by the Orantes injunction to detained Salvadorans at http://www.immigrationadvocates.org/link.cfm?9744 (login required)
On the National Immigration Law Center’s website there is information on the Orantes injunction at http://www.nilc.org/immlawpolicy/arrestdet/ad091.htm and a copy of the order in Orantes at http://www.nilc.org/immlawpolicy/arrestdet/Orantes_amended_order_re_injunction.pdf
The ABC Settlement Agreement, litigated by the ACLU Immigrants’ Rights Project, the National Immigration Project, and others was approved in 1991. ABC and NACARA, enacted in 1997, together provide an avenue to legal residency for Salvadorans and Guatemalans. A 2007 decision by a federal appeals court, Chaly-Garcia, clarified what constitutes proof of ABC and NACARA eligibility. On the Immigration Advocates Network: – The USCIS Memo on making ABC determinations at http://www.immigrationadvocates.org/link.cfm?10736(login required)
A copy of the Chaly-Garcia case at http://www.immigrationadvocates.org/link.cfm?10737 (login required)
On the National Immigration Project website there is information about ABC and NACARA eligibility after Chaly-Garcia at http://www.nationalimmigrationproject.org/LegalUpdates/Updates.html#abc_nacara
The Family Unity program was enacted in 1990 to protect from deportation the spouses and children of those granted legalization. The American Immigration Law Foundation, the Immigrant Legal Resource Center and the National Immigration Law Center filed and won Escutia v. Reno, a class action challenge to the government’s failure to timely decide Family Unity employment applications and other requests. On the American Immigration Law Foundation website there is information about the Escutia case and the Family Unity program at http://www.ailf.org/lac/lac_lit_082400b.asp
On the Immigrant Legal Resource Center website there is information about Family Unity beneficiaries and Escutia case at http://www.ilrc.org/famvisa/familyunitysettlement1.doc
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