Blog: Think Immigration
We believe that immigration law is an integral part of America’s past, present and future. We also know that immigration law is complicated. Here you’ll find experts writing in an accessible way about immigration issues, from big, broad ideas down to specific cases. Our members bring knowledge they’ve gleaned from the daily practice of immigration law to this space and offer their expertise to readers.
Browse the Blog: Think Immigration collection
Think Immigration: How the New D3 Waiver Guidance Is Unlocking Opportunities for Dreamers in the Workforce
AILA Members Krsna Avila, Dan Berger, and Stephen Yale-Loehr share two “D3 waiver” success stories and highlight the Cornell Law School effort to advise eligible clients and track progress under the updated guidance issued by the Biden Administration earlier in the summer.
Think Immigration: Rules on Provisional Unlawful Presence Waivers Must Be Revisited
AILA Member John Daniels explains why USCIS should revisit the provisional unlawful presence waiver process. The current rule, among other things, leaves applicants without work authorization with backlogs stretching to nearly four years, needlessly harming American families.
Think Immigration: Top 10 Things to Consider When Applying for a United States Nonimmigrant Tourist Visa
AILA Affiliated Paralegal Kathryn Bouchard describes some key things to keep in mind if someone is planning a visit to the United States for tourism in this useful Top Ten list, highlighting some important U.S. government resources for applicants to read through along the way.
Think Immigration: It’s a New Era – Jump in and #GOTV
AILA Past President and member of the AILA's SCOPE Committee William (Bill) Stock describes a recent get-out-the-vote (GOTV) effort led by the Philadelphia Chapter, with members nationwide participating. He urges you to get involved either in person or virtually this election cycle.
Think Immigration: Breaking Down Barriers - Improving Asylum Laws for Queer Migrants
AILA DEI Scholarship Award winner Abby Leigh advocates for changes to asylum law, describing reforms necessary in order to “offer LGBTQIA+ asylum seekers a meaningful chance to claim protection and live up to America’s promise of safety for those fleeing persecution.
Think Immigration: BIA Hands Immigration Judges the Whiteout to “Fix” Defective NTAs
AILA Past President Jeremy McKinney writes about the BIA decision in Matter of R- T- P- allowing immigration judges to “cure” defective NTAs, making them an agent of the prosecutors. This is the latest sign that an independent immigration court is necessary to ensure justice and due process.
Think Immigration: From “Alien” to “Noncitizen”: The Subtle Power of Language in U.S. Appellate Courts
AILA Law Student Member Bill De La Rosa and co-author Zachary Neilson-Papish share new research examining how terms like “alien” and “noncitizen” have been used in U.S. courts of appeal in an effort to “gain insights into potential biases and work toward a more equitable legal system.”
Think Immigration: I Wish People Understood How Immigration Status Isn’t “Fixed”
AILA Media Advocacy Committee Member Annie Wang shares her insights and personal story when it comes to immigration status not being “fixed” or static, writing that it “can change dramatically; it isn’t as though someone’s status is immutable or set in stone.”
Think Immigration: Immigration Is the Solution, Not the Problem
AILA member Ava Morgenstern digs into the numbers to show how we need to ignore the election year rhetoric and focus on how immigration is what the U.S. workforce needs, writing “Our biggest population challenge is not growth (whether birth or immigration), but aging.”
Think Immigration: Embracing Diversity - Navigating Cultural Nuances in Immigration Law
Part of our series by DEI Scholarship winners, in this blog post author Jacqueline Abraham shares what shaped her understanding of how, “embracing diversity is not only essential in navigating cultural nuances in immigration law but also fundamental to the principles of justice and equality.”
Think Immigration: First Circuit Decision on “Climate Refugees” Must Not Discourage Advocates’ Efforts to Help
In this blog post, IRAP senior attorney and AILA member José G. Miranda details how, despite a recent federal court setback, advocates can continue to work to expand policy and legal frameworks to protect climate-displaced individuals.
Think Immigration: Give a Day, Get the Chance to Change Lives in Your Community on AILA Citizenship Day
Adonia Simpson and Caroline van der Harten offer insights into how unique AILA Citizenship Day is and how participating in this effort allows AILA members to share a few hours of legal expertise in a way that truly changes lives as people take the final steps toward citizenship.
Think Immigration: The Advantages of EB-5 Today
AILA member Dominique Pando Bucci describes how the enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) means more immigration attorneys may want to get up to speed on this option for clients to invest in the U.S. economy and streamline their immigration pathway.
Think Immigration: How Noncitizens Are Disadvantaged at Arraignments by “Neutral” Practices and Procedures
DEI Scholarship recipient Asmaa Hamadan describes how the criminal justice system is failing to guarantee noncitizens due process, writing “The system should be reformed to ensure that an individual’s situation is assessed holistically and not discriminate… for factors they cannot change.”
Think Immigration: Non, Je Ne Regrette Rien – The Art of Handling Misplaced Anger
AILA member Vaman Kidambi shares insights to help attorneys and others facing difficult conversations with clients because of misplaced anger in this blog post, writing, “Being calm and understanding with the client is still the best approach.”
Think Immigration: Court Conundrum: Omaha Immigration Court Frequently Compromises Due Process Rights
In this blog post, Kelly Shanahan highlights an ACLU of Nebraska report detailing due process concerns in Omaha immigration hearings, and urging readers to tell Congress to remove EOIR from the Department of Justice and establish an Article 1 independent immigration court system.
Think Immigration: I Wish People Knew Our Immigration Laws Haven’t Aged Well
As part of our “One Thing” series, Sandra Feist highlights specific examples of how our immigration laws do not serve the interests of American businesses or communities well and calls on Congress to move forward with immigration reform that would be reflective of today’s realities.
Think Immigration: The CBP One App Is Not Enough
Diversity, Equity, and Inclusion Committee Law Student Scholarship recipient Brenda Macías López describes why she believes the CBP One App is not enough to help ensure vulnerable immigrants can have a meaningful chance to claim asylum.
Think Immigration: Seven Reasons Why Immigration Attorneys Should Know About the EB-5 Visa Program
Past AILA president Ron Klasko lays out seven reasons why having a basic knowledge of EB-5 can help attorneys serve their clients’ needs; AILA recently created an EB-5 Interest Group for those interested in learning more and sharing ideas.
Think Immigration: I Wish People Understood that the U.S. Healthcare System Depends on Immigrants
As part of our “One Thing” series, Anthony Pawelski explains how “despite the vital role of immigrant healthcare workers, our immigration system is simply not designed to help us build the healthcare workforce we need, especially in medically underserved communities.”
Think Immigration: USCIS Policy Changes Open New Opportunities for Immigration Lawyers to Support Stateless People
In this blog post, AILA members Betsy Fisher and Samantha Sitterley describe a recently developed USCIS process to determine whether a person is stateless; an upcoming AILA Roundtable will delve further into how AILA members can support stateless clients.
Think Immigration: I Wish People Understood Their Sibling Is Not an “Immediate Relative”
As part of our “One Thing” series, Shannon Shepherd explains how outdated immigration laws keep families apart and that we need to urge Congress to build “an immigration law system that meets the needs of today’s America, not the one from decades ago.”
Think Immigration: My Initial Lifeline Was DACA
More than twelve years after DACA was first announced, AILA Policy and Practice Associate Blanca Hernández shares how the program was a lifeline for her and why she will continue to fight on behalf of all the DREAMers without a path to permanent status.
Think Immigration: Protecting Afghan Asylum Seekers Who are Not Considered “Allies”
Diversity, Equity, and Inclusion Committee Law Student Scholarship recipient Sanaa Talwasa describes why she believes USCIS should regard all Afghan asylum applicants as "allies" and consider them eligible for an expedited asylum application process and supportive policies.
Think Immigration: Chevron Is Dead! Thoughts on the Immigration Impact of Loper Bright Enterprises
AILA Members and immigration litigation experts Brian Green, Mark Stevens, Cyrus D. Mehta, and Stephen Yale-Loehr describe the potential impact of the SCOTUS decision in Loper Bright, noting that “the time to challenge federal agency policies and adverse decisions in court has arrived.”