NWIRP is dedicated to the systemic change of immigration laws, and consequently dedicates significant resources to impact litigation. During the last decade we have positively affected many important cases with implications for national immigration laws.
To respond to the growth of immigration appeals at the Federal and Ninth District Courts, we increased our focus in this area by establishing a new legal unit in 2005. At any one time, the Impact Litigation Unit has several cases pending before the federal courts. NWIRP was invited by the Ninth Circuit Court of Appeals to speak at a roundtable discussion on how to deal with the Circuit's large volume of immigration cases.
Federal District Court approves final settlement in national class action, Northwest Immigrant Rights Project v. USCIS, No. 88-379 (W.D. Wash.)
On September 9, 2008, the federal district court granted final approval to the settlement of the national class action, Northwest Immigrant Rights Project v. USCIS, No. 88-379 (W.D. Wash.). This settlement is a significant milestone - the lawsuit was filed in March 1988, over 20 years ago! This litigation successfully challenged the restrictive interpretations that INS assigned to a legalization program passed by Congress in 1986. The litigation defended the rights of thousands of persons to move forward with their applications for lawful residence, individuals who would have otherwise been found ineligible by INS.
Robert Pauw first jumped into defend the rights of applicants, back in 1987, when he was a staff attorney for LEAP (now known as NWIRP). Pauw worked with NWIRP until the end of 1993 when he joined together with Robert Gibbs, co-counsel in this action, to start up the law firm of Gibbs Houston Pauw. Upon completion of the settlement agreement Pauw explained, “this has been a battle that went on for over twenty years, but it has been worth it knowing that thousands of good people have been able to legalize their status and remain with their families here in our communities.”
The settlement allows individuals who have been living in the U.S. ever since January 1, 1982, but were initially unable to apply under the legalization program because of INSs interpretation regarding whether their unlawful status in the US was “known to the government”, to now move forward and submit their claim with the appropriate evidence. This is the final stage in litigation that has already opened up the process for thousands of individuals who would have otherwise been left in the shadows. Congress had determined that these were hardworking individuals supporting their families and making contributions to their communities that deserved an opportunity to obtain lawful permanent status in the United States. Congress stated that it would be inhumane to uproot these individuals from their communities and tear them apart from their families.
Lead counsel in the litigation include Robert Pauw and Robert Gibbs of Gibbs
Houston Pauw, in Seattle; Peter Schey and Carlos Holguin, Center for Human Rights and
Constitutional Law, in Los Angeles. Numerous other counsel have been involved in the
Long-running litigation. Read the Gibbs Houston Pauw press release and the final settlement agreement here.
District Court Grants Certification for District Wide Class regarding Naturalization Delays; Settlement Approved by District Court.
NWIRP, the ACLU of Washington State, and pro bono co-counsel from the law firms of Stoel Rives and Ropes and Gray filed a class action in the Western District of Washington State challenging extended delays by USCIS in completing the adjudication of hundreds of applicants who have applied for naturalization (citizenship). The case is Roshandel, et al. v. Chertoff, et al., C07-1739-MJP (2007). On April 25, 2008, Judge Pechman granted our motion for class certification in the naturalization delay cases, the first such motion granted in the Country on this issue. The Judge also issued an order denying the government’s motion to dismiss or remand the cases to USCIS. The class covers over 450 individuals in Western Washington who had their interviews before USCIS, but the Service failed to complete the adjudication of their application within 120 days of the interview due to name checks. The government subsequently agreed to a settlement that was approved by the District Court on August 25, 2008. Through this litigation 79 class members have already been sworn in as U.S. citizens. The settlement provides for the final resolution (including the oath ceremony for eligible applicants) of approximately 283 of the remaining applications by September 19 and final resolution (including the oath ceremony for eligible applicants) of ALL remaining class members by October 17. Thus, all class members who demonstrated eligibility for naturalization will have the opportunity to be sworn in as U.S. citizens in time to register to vote for the upcoming elections in November of 2008. Click here to read the agreement.
Click here for a list of the published decisions in which NWIRP has prevailed.
