Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 08022566 | Dated January 1, 2008
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The courts had held that immigration was not a matter for Californians to decide locally but would be determined by Congress and the federal courts. California, however, was a swing state and members of Congress realized that they could deflect attention away from the collapse of the economy-the destitution and despair across the nation-if they talked about the Chinese.
-Author Jean Pfaelzer writes in Driven Out: The Forgotten War Against Chinese Americans about Chinese persecution a century ago.
The article entitled "Marital Disharmony" in Nov/Dec 2007's ILT did not specifically address the effect of divorce on the ability of spouses of asylees to obtain adjustment of status (AOS) to permanent residence. As the article noted, divorce does not eliminate asylee status for a spouse of an asylee after the principal applicant has been granted asylum, a Form I-730 petition has been approved, and the derivative asylee spouse has been admitted to the United States. The same is true for spouses of asylees who received derivative status through their spouses while already present in the United States. However, while such a derivative asylee spouse will not lose asylum status due to divorce, he or she will not be able to pursue AOS to permanent residence unless he or she files a new I-589 application as a principal applicant for asylum.
Cite as AILA Doc. No. 08022566.