Renewed Push for Immigration Reform

President Obama and congressional leaders met on Tuesday to discuss strategy for a renewed push for Comprehensive Immigration Reform. President Obama will also address the American public on Thursday with a speech dedicated to the need to reform our immigration laws. Hopefully this renewed push will create the momentum needed to pass a reform. Also, Immigration and Customs Enforcement released a memo on Tuesday which lists the agency priorities for detention and removal. The memo indicates that the greatest emphasis should be on detaining and removing those who present a national security threat or a threat to public safety.

For more details, see the Los Angeles Times Article at http://www.latimes.com/news/nationworld/nation/la-na-obama-immigration-20100630,0,6185729.story .

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Temporary Protected Status Renewal for Honduras

Temporary Protected Status (TPS) is a temporary immigration status granted to qualifying nationals of designated countries. The Secretary of the Department of Homeland Security may designate a country for TPS when he/she determines, after consulting with appropriate government agencies, that:

There is an ongoing armed conflict within the state and, due to that conflict, return of nationals to that state would pose a serious threat to their personal safety;

The state has suffered an environmental disaster resulting in a substantial, temporary disruption of living conditions, the state is temporarily unable to handle adequately the return of its nationals, and the state has requested TPS designation; or

There exist other extraordinary and temporary conditions in the state that prevent nationals from returning in safety, unless the Secretary finds that permitting nationals of the state to remain temporarily is contrary to the national interest of the United States.

Despite recent rumors that Guatemala has been designated for TPS, Honduras, Nicaragua, and El Salvador remain the only Central American countries designated.

During the past year, DHS and the Department of State have reviewed the conditions in Honduras. Based on that review, Secretary of Homeland Security Janet Napolitano has determined that an 18-month extension is warranted because the conditions that resulted in TPS designation in 1999 following the environmental disaster caused by Hurricane Mitch persist and prevent Honduras from adequately handling the return of its nationals.

For more information on re-registration by the July 5th, 2010 deadline, visit www.uscis.gov and search for "18-Month Extension of Temporary Protected Status for Honduras Update"

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New Design of the I-551 Permanent Resident Card / "Green Card"

On May 11, 2010 the United States Citizenship & Immigration Service announced the new design of the I-551; Permanent Resident Card or “green card.” The card or document serves as identification for millions of United States Lawful Permanent Residents and is immeasurably valuable to those who have traversed the maze of immigration laws to be granted permanent resident status.

The “green card” has not actually been green in color since its original inception when it was a green paper document given to immigrants as evidence of their status. It has been through many variations and incarnations over the years and finally has come full circle and will be green again. The new color is among many changes to the document in an effort to thwart counterfeiting, and will be issued to all new lawful permanent residents beginning in May.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79bd3893c4888210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

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Immigration: The Key to a Booming, Green Economy

If there is one thing on which economists, analysts, and researchers seem to agree, it is this: Immigration is essential to keeping American business at the top of the international business market, especially in the energy and engineering sectors. Indeed, even some politicians, such as New York’s Mayor Michael Bloomberg and Senators John Kerry (D-MA) and Richard Lugar (R-IN), have recognized the important role immigration has to play in American business. According to Mayor Bloomberg, “Our immigration policy is national suicide. I can’t think of any ways to destroy this country quite as direct and impactful as our immigration policy. We educate the best and the brightest and then we don’t give them a green card. We want to create jobs and we won’t let entrepreneurs from around the world come here.”

It is for that reason that Senators Kerry and Lugar have introduced the Startup Visa Act. The Startup Visa Act proposes legislation that would modify the EB-5 Visa to increase job creation and America’s international business competitive edge. Immigrant entrepreneurs who are creating new businesses would be able to obtain visas, so long as there is investment capital from within the U.S. of at least $100,000 and equity financing of at least $250,000.

A new Migrant Policy Institute Report, The Impact of Immigrants in Recession and Economic Expansion, found that “immigration unambiguously improves employment, productivity and income,” although it does require some short-term adjustments, such as job training or new technology. Despite common conceptions among Americans, immigration does not reduce Americans’ employment rates over the long-term (ten years). But it does increase Americans’ productivity and the average income over the same period. In fact, immigration between 1990 and 2006 is credited with a 2.9% wage increase among American workers. Still, immigration during a recession can have short-term, negative effects, but those effects dissipate fairly quickly, within seven years at most. In contrast, immigration during economic growth periods has an immediate, positive effect, creating enough jobs to leave Americans’ jobs completely untouched.

Darrell M. West, author of a new book, Brain Gain: Rethinking U.S. Immigration Policy (Brookings Institution Press, 2010), points out that many of America’s greatest scientists, inventors, educators, and entrepreneurs came to the United States as immigrants. He asserts that the U.S. must establish an increased open-door policy to attract unique foreign talent in the fields of energy, information technology, and international commerce. In a review of the book, Mayor Bloomberg recognizes that “the most important step we can take to strengthen America’s long-term economic health is passing comprehensive immigration reform. For America to compete in the 21st Century, we need to be able to attract—and keep—the world’s best, brightest, and hardest working.”

And this seems to be particularly important in the green energy field. A recent report published by the Immigration Policy Center of the American Immigraiton Council, authored by Richard T. Herman and Robert L. Smith, Why Immigration Can Drive the Green Economy, discusses how the connection between immigration and the development and commercialization of alternative fuel sources is rarely discussed among policymakers. Yet it is this very connection that will help the United States lead the way towards cleaner, less expensive energy. Although policymakers imagine that the development of renewable energy will create hundreds of thousands of jobs, most fail to understand that much of the clean-energy talent remains abroad. Thus, experts urge that expanding our own clean-energy industry will require working with people overseas, in countries that have been pursuing alternative fuel sources for several decades already. Unfortunately, tough immigration restrictions make this type of foreign collaboration difficult, if not impossible.

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Crime Rates in Arizona Unrelated to Immigration

Neil Conan, of NPR’s Talk of the Nation, recently interviewed James Alan Fox, crime expert and Northeastern University law professor regarding recent FBI statistics showing that crime rates dropped significantly in Arizona since 2000, despite the perception that undocumented immigrants are responsible for increased criminal activity. Debate swirled around the statistics as evidenced by blogger Tim McGuire’s statement that crime had increased in the rural counties along the Mexican border. James Fox debunked Tim McGuire’s arguments, stating “the fact is that crime has not increased in Arizona. In fact, it’s gone down mostly. And trying to blame illegal immigrants for rising crime just isn’t fair." Read Neal Conan’s interview with James Fox in its entirety:

 http://www.npr.org/templates/story/story.php?storyId=128058773

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A Two-Part Fix: Immigration Reform and Border Security

In response to calls from both sides of the aisle that our nation’s immigration system desperately needs a fix, Secretary of the Department of Homeland Security, Janet Napolitano, promotes a two part strategy of increased border security measures and immigration reform. Although Napolitano rejects the notion that the borders can be entirely sealed, the secretary explains that the Department of Homeland Security is working with the Justice Department on additional steps to secure the southwest border. Stating that the “border is as secure now as it has ever been," the secretary urges Congress to move forward with immigration reform. In obvious reaction to the Arizon law, Napolitano said both "I share the frustration border communities feel" and “we need a single functional immigration border policy." Read more about Napalitano’s recent statements on immigration reform and border security at:

http://www.cnn.com/2010/POLITICS/06/23/immigration.borders

http://www.washingtonpost.com/wp-dyn/content/article/2010/06/23/AR2010062305358.html?sub=AR
http://blogs.abcnews.com/politicalpunch/2010/06/napolitano-rejects-secure-border-precondition-for-progress-on-immigration-reform-bill.html
http://www.washingtontimes.com/news/2010/jun/23/napolitano-state-and-local-police-may-deploy-borde/

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Children's Art Project on Immigration Making America Strong

U.S. Citizenship and Immigration Services (USCIS) announced on June 12, 2010 that it is putting together a children’s art project which will be displayed in USCIS offices nation-wide. Children between the ages of 5 and 12 are encouraged to submit their art on the theme of how people from all over the world coming to America makes America great. Submissions must be received before August 16, 2010.

For more details, click the following link:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=c2dc35e467f68210VgnVCM100000082ca60aRCRD&vgnextchannel=c2dc35e467f68210VgnVCM100000082ca60aRCRD

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Law Students' Interest in Immigration Law Growing!

According to a June 21, 2010 Denver Post article, interest in immigration law among law students in Colorado is growing. At both of Colorado’s law schools, the University of Denver, and the University of Colorado, law students are pushing for clinics and classes dedicated to immigration law. In just the past several years, there has been a dramatic increase in the number of classes offered at DU, as well as in increase in students who are interested in completing internships related to immigration law. The article states that immigration law is considered the second most complicated legal field, next to tax. Unfortunately for students who wish to practice immigration law upon graduation, although there is a very high need for qualified immigration attorneys, there are few employment opportunities.

The Joseph Law Firm, P.C. (JLF) is one of only a handful of immigration law firms in the Denver and Colorado Springs. Fortunately for law students in Colorado, JLF offers several internships to law students each semester. This provides valuable experience for law students in their professional endeavors, and it also provides the field of immigration law with new attorneys who are well-versed in the field. With the high number of applicants for these valuable, volunteer-based internships, JLF is able to choose those students most dedicated to the field and to helping people in need.

To read the full text of the Denver Post article, visit: http://www.denverpost.com/search/ci_15340281.

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Immigration Reform: Federal or State Issue

With the recent passage of the Arizona Immigration law, many states have jumped on the bandwagon of finding immigration reform. In a recent article, it is found that Nebraska is following suit. The new ordinance which will be voted on today, Monday June 21, 2010, if approved, would prohibit businesses from hiring illegal immigrants and halt landlords from renting to them. However, as our precedent shows, if this ordinance passes it will most likely be struck down and bring about many legal issues. The article highlights similar laws that have been voter approved in Pennsylvania and Texas, only to be later struck down by the courts. In 2007 it is stated by a federal judge that immigration laws should be left solely to the federal government. In Texas, 2008, it was found that a law that bars landlords from renting to illegal immigrants was unconstitutional. Nebraska’s ACLU executive director said that “it’s the federal government’s responsibility to set immigration policy and we are not well-served when communities or states try to set policy on their own.” It’s the lack of federal immigration reform that is causing states to take matters into their own hands. This is, again, a call to federal action of comprehensive immigration reform. With federal reform comes secure borders and logical and enforceable immigration policies.

http://www.cnn.com/2010/POLITICS/06/21/fremont.immigration.ballot/index.html

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Recent U.S. Supreme Court Decison on Felony Definition for Immigration Purposes

In a unanimous decision last week, the U.S. Supreme Court held that a lawful permanent resident convicted of a second minor drug offense does not necessarily become an “aggravated felon” for purposes of immigration. The Government had urged the Court to adopt a rule that would make a state misdemeanor drug offense an “aggravated felony” under Federal immigration law. Since the conduct at issue in the case would most likely not be punished as a felony in Federal court, the Court reasoned that the petty misdemeanor possession offense shouldn’t be considered an “aggravated felony” in the immigration context. Delivering the Opinion of the Court, Justice Stevens explained that the term “aggravated felony” refers to a serious or violent crime punishable by more than one year in prison. Commentators, such as Benjamin Johnson, Executive Director of the American Immigration Council, consider this decision “an important step toward addressing some of the absurdities of the immigration laws . . . that treat a shoplifter and a murderer in the same manner. Those laws have largely taken away the ability of immigration judges to look at the facts of a case and determine if the punishment fits the crime." The Court’s ruling could potentially affect thousands of immigrants, including lawful permanent residents.

For more information, please visit:
http://www.americanimmigrationcouncil.org/sites/default/files/docs/PressRelease-Carachuri-06-15-2010.pdf
http://www.supremecourt.gov/opinions/09pdf/09-60.pdf
http://www.nytimes.com/2010/06/15/us/15scotus.html?ref=immigration-and-emigration
http://www.latimes.com/news/nationworld/nation/wire/sc-dc-felony-drugs-20100614,0,2043153.story
http://www.huffingtonpost.com/renee-feltz/longtime-legal-resident-d_b_614343.html

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Undocumented Immigrants DO Pay Taxes

A recent article on undocumented immigrants and taxation reveals information from reports by the Congressional Budget Office and the Social Security Administration that confirm that undocumented immigrants not only pay sales tax, but that they also pay property tax, Social Security tax, and income tax. Unfortunately, many people, both immigrant advocates and adversaries, are unaware of the many ways undocumented immigrants contribute to our system of taxation, while reaping few, if any, of the benefits.

The article also explains the Individual Taxpayer Identification Number (ITIN), a number that allows individuals who are not eligible for a Social Security number to file an income tax return and receive refunds. But those individuals are not eligible to receive the Earned Income Tax Credit, a tax credit for low- to middle-income families. Fortunately, the Internal Revenue Service (IRS) takes taxpayer privacy very seriously; it cannot report a taxpayer to ICE or USCIS for getting an ITIN. IRS spokesman Frank Keith has stated in the past, “We are concerned when information provided by taxpayers to meet their legal tax obligations is used for purposes other than federal tax administration.” But a court can require the IRS to release taxpayer information if the taxpayer is in removal proceedings or suspected of terrorist activities.

To read the full text of this article, click here, or copy and paste this link into your browser: http://www.truth-out.org/the-price-that-we-pay-undocumented-immigrants-and-taxation60150?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%253A+TRUTHOUT+(t+r+u+t+h+o+u+t+%257C+News+Politics).

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Law Enforcement Leaders Across the Nation Raise Serious Concerns Over Arizona's New Immigration Law

Los Angeles Police Chief, Charlie Beck, and other law enforcement leaders from municipalities across the nation, including Pheonix, Tuscon, Philadelphia, and Houston, have raised serious concerns about Arizona’s new immigration law, Arizona Senate Bill 1070. The law enforcement leaders believe the new law will make it even more difficult for them to do their day-to-day police work, and that it will create hostility and uneasiness between officers and the communities they are supposed to protect.

Chief Beck and others are concerned that the new law will likely dissuade immigrants, both documented and undocumented, from coming forward as victims and witnesses to crimes. Immigrants are already hesitant to speak with police officers about crimes in their neighborhoods, and local police departments must work diligently to instill confidence and trust in officers. According to Chief Beck, “The primary job of a local police department is not the enforcement of immigration status. The primary job of law enforcement is to protect the public and keep us free from crime.” For more information, please visit: http://latimesblogs.latimes.com/lanow/2010/05/chief-beck-says-arizona-immigration-law-could-cripple-law-enforcement.html

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