The American Immigration Lawyers Association (“AILA”) is seeking to challenge certain INS interpretations of the new Section 212(a) of the Immigration and Nationality Act which implements the three year bar to admissibility for those unlawfully present for 180 days in the US. The INS has failed to issue regulations even though the new law went into effect on September 27th. All that has been issued is an interpretive memorandum and the INS has failed to seek public imput.
AILA is seeking four groups of potential plaintiffs:
1. Individuals with unexpired I-94s who may have violated their status;
2. Individuals in statuses arguably authorized by the Attorney General (e.g. voluntary departure, suspension of deportation applicant, etc.);
3. Individuals who cannot depart by operation of law (such as individuals in proceeedings, those with notices to appear, etc.);
4. Those who cannot depart without losing a benefit, such as those who are plaintiffs in the CSS/LULAC case or other litigation.
Those interested in participating in the lawsuit can contact Greg Siskind at [email protected] or via fax at 615-843-0424. Send a brief summary of your situation and information on contacting you – your name, address, phone number and e-mail address. We will then forward your information to AILA General Counsel H. Ronald Klasko.
AILA is planning to sue the INS for its failure to issue regulations
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