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IMMIGRATION ADVOCACY ORGANIZATIONS FILE CLASS ACTION CASE FOR FAMILY UNITY CASES

The American Immigration Law Foundation (AILF), the National Immigration Law Center (NILC) and the Immigrant Legal Resource Center (ILRC) have filed a national class action lawsuit against the Immigration and Naturalization Service because of the California Service Center’s failure to complete processing of applications for voluntary departure and employment authorization under the Family Unity Program.

The Family Unity Program stems from the amnesty program created by the 1986 Immigration Act. In 1990, Congress ordered the INS to protect from deportation and give work authorization to spouses and children of individuals who got green cards under the 1986 Act. The INS did, in fact, issue regulations obligating the agency to grant voluntary departure and issue work authorization to the family members. But despite the regulations, cases at the CSC are not being adjudicated. Some have been languishing for more than two years.

In Escutia v. Reno, AILF, NILC and ILRC are asking a judge to compel the INS to adjudicate all Family Unity applications within 90 days of filing. The suit also asked a judge to clarify to the INS that the three and ten year reentry bars do not apply to Family Unity applicants.

 

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