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Breaking the logjam


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I couldn't find the recent discussion on lawsuits for this situation so this is a new line to compliment the old one with some observations.

Some years ago the old INS, even though required to give file documents to the petitioner it would not do so and many immigrant families did not know what to do, so they just waited, but nothing was given to them after many months. A NY lawyer told me that what the petitioner had to do was (get a lawyer) file a complaint for a lawsuit with the government, then when a DOJ lawyer was assigned the case, that lawyer would most likely tell INS to provide the requested documents. End of lawsuit and the petitioner got the papers. (A pretty poor use of taxpayer dollars not to say anything about how callous the INS was.) This used to be a common situation.

The "on hold" and B/h cases may require something similar. Recently, civil rights lawyers in Texas, Texas Lawyers' Committee and MALDEF (Mexican American Legal Defense and Educational Fund), filed suit to make the DHS provide proof of the legal status of immigrants in America. A quote from U.S. Newswire about the lawsuit follows:

The lawsuit, filed today [May 28, 2003] in federal court in McAllen,

Texas, claims that the DHS has consistently rejected lawful permanent

residents' requests for processing and documentation of their lawful status.

The DHS has told lawful permanent residents represented in this lawsuit

that they would be advised by mail of a return date to complete processing.

DHS' delay in processing, which has lasted for months and years in some

cases, has created hardships for these and other lawful permanent residents.

To contact some lawyers involved in the lawsuit for the plaintiffs you could call Javier Maldonado 210-277-1603 ext.307 or Joe Berra of MALDEF at 210-224-5476. They may be able to give anyone who is interested some direction about a case. I do not know either one of those fellows.

Another place to contact would be AILA, American Immigration Lawyers of association; its national headquarters are in Wash.D.C.. Try 202-216-2400. It does support immigrants with legislative advocacy and research. The Web site is www.aila.org

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