Boulder Restaurant Owner Pleads Guilty to Harboring

Immigration and Customs Enforcement ("ICE") announced this week that a Boulder resident was convicted of one count of harboring illegal aliens and one count of failure to pay taxes. The man, who pleaded guilty in Federal District Court, was a citizen of Thailand who is in the United States on an E-2 investor visa.

According to the plea agreement, from 2001 the man would sponsor Thai nationals to come work in his three Boulder area restaurants. He would then force them to pay him exorbitant fees to pay him back for his bringing them here, work them overtime without reporting such work to the IRS, and attempt to charge them $18,000 if they violated any term of his "contract" or caused him any damage. He faces up to ten years imprisonment and up to a $250,000 fine for the harboring conviction and up to five years imprisonment and up to a $250,000 fine for the failure to pay taxes conviction.

To read ICE's news release on the matter, click here.

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Private Prison Industry is Catalyst for AZ Immigration Law

As heated debates over SB 1070 - Arizona's new immigration law - continue to rage, few are concerned over who drafted the controversial legislation. That could change, however, with the recent publication of a story on NPR's Morning Edition, exposing the forces at work behind SB 1070.

During the first few months of the law's litigious aftermath, NPR poured over corporate and campaign finance records. The records revealed that the private prison industry not only promoted Arizona's law, but actually helped draft it based on a business model designed to imprison undocumented immigrants.

SB 1070 took shape last December at the meeting of a group called the American Legislative Exchange Council (ALEC) - a membership organization of state legislators and high powered corporations including, ExxonMobil, the National Rifle Associate, and Corrections Corporation of America - the largest private prison company in the country. NPR reports that Corrections Corporation of America identifies immigrant detention as its next target market. With this goal in mind, ALEC drafted a bill at its December meeting, which later became - almost word for word - SB 1070.

Among others, the Geo Group, a private company that contracts with the government to manage the immigration detention center in Aurora, Colorado, provided donations to the bill's co-sponsors.

Read NPR's startling report in its entirety here.

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DHS and Mexico Cooperate to Reduce Crime at the Southwest Border

On October 22, 2010, twenty-four Mexican Customs officers graduated from the inaugural Mexican Customs Investigator Training (MEXIT) in Charleston, S.C. The 10 week training session, modeled on the U.S. ICE Special Agent Training Program, was designed to train Mexican law enforcement officials to more effectively identify and fight crime along the southern border and within Mexico. The training and graduation represents the continuing effort of DHS/ICE to partner with Mexico in combating drug cartels; money laundering; weapons, drug, and human trafficking; and other criminal organizations that operate across the U.S.-Mexico border, threatening the security of people living in both countries.

The training included instruction in both Mexican and U.S. customs law, as well as an emphasis on investigative techniques and officer safety. Both Secretary of Homeland Security Janet Napolitano and Mexican Secretary of Finance, Ernesto Cordero Arroyo, attended the graduation ceremony. In an ICE news release, Secretary Napolitano said that fighting the drug cartels “demands a response that is transnational and coordinated,” while Secretary Cordero remarked that “A well-functioning border is an opportunity for growth – it opens doors to commercial exchange, peace, progress, and human development.” The training is designed to lead to more cooperation and information sharing so both countries can more effectively fight crime on the border.

The Mexican Customs Investigator Training is part of a multiyear, Department of State-led initiative designed to provide assistance to Mexico and Central America to better equip law enforcement agencies to complete their missions. So far, the United States has contributed $1.4 billion in aid for Mexico through the initiative. President Obama is committed to shared responsibility with President Felipe Calderón and the government of Mexico to secure the Southwest border and ensure the security of both nations.

Read more:
http://www.ice.gov/news/releases/1010/101022northcharleston2.htm

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Ninth Circuit Ruling Affects Religious Worker Adjustment of Status Applications

On October 13, 2010, the U.S. Court of Appeals for the Ninth Circuit issued a mandate overturning the permanent injunction ordered by the U.S. District Court for the Western District of Washington allowing special immigrant religious workers to file their Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the organizations' Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Ruiz-Diaz v. USA, No. 09-35734 (9th Cir. Aug. 20, 2010). What this means for Religious Workers going forward is that jointly filed I-360; Petitions and I-485 Applications all must be into the United States Citizenship & Immigration Service on or before November 7, 2010. Any joint filed petitions/application received on November 8, 2010 or after will be rejected.

Many Religious workers will be adversely affected by this ruling, and must now scramble to have their organization file the petition and application in six days, ensure that their non-immigrant status will somehow be maintained, or depart the country if they cannot maintain non-immigrant status until their I-360 petition is approved and immigrant visa process through the United States Consulate abroad. For more information on this ruling, see: http://aila.org/content/default.aspx?docid=33492

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Redesigned Naturalization Certificates

U.S. Citizenship and Immigration Services (USCIS) announced this week that they have redesigned the Certificate of Naturalization (Form N-550) with new security features as an additional effort to reduce fraud in the immigration system. As of Monday, October 25, 2010, all USCIS offices began using the redesigned certificates.

These new certificates feature a digitized photo of the naturalization candidate, along with his or her signature embedded into the document. The background of the certificates has a color-shifting ink pattern and USCIS are now using a more secure printing process.

Along with redesigning the certificate, USCIS also announced that by the end of the year, they will be using an automated production process for the new certificates. Automating the production process will increase consistency and shorten the time it takes to prepare certificates. USCIS offices in Denver, Atlanta, and Baltimore will be the first to implement the automated process, which begins this week.

USCIS also note that previously issued Certificates of Naturalization are still valid.

For more information on the redesigned Certificate of Naturalization, please visit: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d7592699c75db210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

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Customs and Border Patrol Commissioner Calls for Comprehensive Immigration Reform

In remarks addressed to the Migration Policy Institute, Customs and Border Patrol ("CBP") Commissioner Alan Bersin detailed recent accomplishments and future goals of the agency's enforcement efforts at the border. Refreshingly, he also indicated an understanding that immigration at root is a matter of labor markets and challenged the country to tackle the tough issues in order to enact comprehensive immigration reform. Commissioner Bersin identified three key elements that must be included for successful reform. First, he indicated that the Federal government must continue to take the responsibility to secure the borders. Second, a reform needs to implement responsibility and accountability from employers. Finally, he indicated that those currently here without status must be required to register, admit that they are present in violation of the law, pay a fine and back-taxes, and learn English to get started on the path to citizenship. Commissioner Bersin aptly concluded his remarks with a challenge to Congress to "move past the false debates and start focusing on the long term needs of our nation."

Read the CBP Commissioner's remarks in their entirety here.

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Border Arrests Down

A southern Colorado television station reported yesterday that border patrol arrests along the U.S.-Mexico border are down for the fifth straight year. According to Homeland Security Secretary, Janet Napolitano, there has been a 17 percent drop in arrests between 2009 and 2010, due to increased enforcement along the border that is slowing illegal immigration. There are currently 20,500 border patrol agents stationed along the border, which is an all-time high.

To read the complete article, please visit http://www.kktv.com/news/headlines/Border_Arrests_Down_Seventeen_Percent_105251658.html

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Abercrombie & ICE

On September 28, 2010 ICE reached a settlement with clothing retailer Abercrombie & Fitch as a result of an I-9 Notice of Inspection ("NOI") issued to that company in November 2008. The inspection brought to light "technology-related deficiencies" but no knowing hires of unauthorized aliens. Despite this fact, as well as Abercrombie's cooperation in the inspection and in resolving the technical problems, the company was assessed a fine of slightly more than $1 million. Brian M. Moskowitz, special agent in charge of ICE HSI for Ohio and Michigan, hopes that the settlement with Abercrombie will "...serve as a warning to other companies that may not yet take the verification process seriously...." For additional information and details, see http://www.subjecttoinquiry.com/

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Department of Homeland Security Continues Increased Enforcement of Employer Sanctions Laws

As an election draws closer, the current Administration continues to push enforcement of employer sanctions laws. On Friday, October 15, 2010, three individuals in Miami-Dade, FL pled guilty to harboring undocumented aliens rather than face lengthy and expensive trials. Luis Daniel, the president of Hialeah-based Daniel Builders, Inc.; his wife Marta Duque; and son, Ariel Daniel, entered guilty pleas to conspiracy to commit mail fraud and conspiracy to induce aliens to remain in the United States for commercial advantage and private financial gain. The maximum statutory penalty for these violations is ten years in federal prison and sentencing is on December 10, 2010. The workers were employees of the company, which was a sub-contractor, building an expansion to an elementary school and Daniel Builders, Inc. did not pay overtime, and Social Security and federal income taxes were not withheld from paychecks.

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Immigrants Sue Over ICE's 287(g) Program

Three immigrants in Georgia have filed a lawsuit challenging 287(g), an Immigration and Customs Enforcement (ICE) program that allows ICE to delegate some of its responsibilities to local law enforcement.

Specifically, 287(g) allows state and local law enforcement to enter into into a partnership with ICE, so that ICE may delegate to them immigration enforcement duties within their jurisdictions. Before delegating duties, the parties must enter into a Memorandum of Agreement, which defines the scope and limitations of the proposed delegation. The program also requires a 4-week training program.

Currently, in Colorado, both the El Paso County Sheriff's Office and the Colorado Department of Public Safety have agreements with ICE under 287(g).

The 287(g) program has been criticized by immigrant rights groups for promoting deportation for minor offenses, such as traffic violations, as opposed to focusing on serious crime; leading to racial profiling and; creating a fear of police among immigrant communities.

The Georgia lawsuit alleges that ICE has failed in its training and supervision duties under the program. It further asserts that ICE has improperly delegated its power.

Read more here.

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USCIS Travel to Sea to Welcome New Citizens

On October 9, 2010, the Deputy Director of the U.S. Citizenship and Immigration Services Bangkok District Office, Stacy Strong, traveled out to sea on board the USS George Washington Navy aircraft carrier to provide immigration training to the crew and to direct a naturalization ceremony for 22 sailors from nine different countries.

Two days before the actual ceremony, Strong and another USCIS officer boarded the ship in order to interview the citizenship candidates and administer the naturalization test. They also conducted immigration training and outreach to the ship’s legal staff and crew. During the officers’ stay, other sailors aboard the aircraft carrier learned that USCIS expedite naturalization applications for members of the military and they began working with the legal staff to start the naturalization process.

For more information on immigration services and benefits for members of the U.S. armed forces and their families, please visit http://www.uscis.gov/military.

To read the complete article on USCIS’ trip to sea, please visit http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4e800d1fd9bab210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

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Citizenship After One Hundred Years

Over one hundred years ago Eulalia Garcia Maturey's mother brought her to the United States. She simply boarded a ferry with her baby girl in her arms and crossed the river to Brownsville, Texas. Things were simpler in 1909. In 1940 Congress passed the World War II Alien Registration Act requiring, among other things, that noncitizens register with the government. Eulalia complied, and on April 4, 1941 was issued a Certificate of Lawful Entry. She did not really understand what this meant, but in 2008, Eulalia knew she had to find out. So her niece took her to the USCIS office in Brownsville to see what they could learn. Not surprisingly, Eulalia's name was not found in the agency's computer system. Fortunately, she had taken care to keep her Certificate of Lawful Entry safe, and that was all the officer needed. Now, one hundred and ten years after her arrival here, Eulalia Garcia Maturey will become a United States citizen. "I was raised her, and I want to die here," she says. For more of Eulalia's story, see:

http://edition.cnn.com/2010/LIVING/10/11/101woman.citizen.document/

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Local Governments Cannot Opt Out of the “Secure Communities” Program

“Secure Communities” is Immigration & Customs Enforcement’s “comprehensive strategy to improve and modernize the identification and removal of criminal aliens from the United States.” Put into practice, when a person is arrested and routinely fingerprinted, even for a something as routine as a traffic infraction, their fingerprint check is run against a database maintained by the Department of Homeland Security. The goal is to discover if that individual has any immigration violations as well, and if so they are often turned over to the custody of ICE. Some communities, including Arlington County, Virginia, Washington, D.C., and Santa Clara County in California, have voted to opt out of participating in the Secure Communities program. Officials cite that the program can lead to racial profiling. However, because the agreement is between the federal government and state governments, not the local governments, ICE announced last Friday that local leadership cannot opt out of participation. ICE director John Morton announced that he would meet with local leaders to discuss this issue if they wished.


Read more:
http://www.washingtonpost.com/wp-dyn/content/article/2010/10/08/AR2010100805657.html

http://www.ice.gov/secure_communities/

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Record High Deportations from U.S.

On October 6, 2010, Immigration and Customs Enforcement ("ICE") announced that it had deported more people in fiscal year 2010 than in any year in history. Department of Homeland Security Secretary Janet Napolitano and ICE Director John Morton announced that they had deported 392,000 people. According to ICE, more than 195,000 of the people deported had been convicted of some crime.

While those who see enforcement as the only important policy piece of our immigration system will likely be happy to see the record numbers, one has to wonder whether the immigration court staff is growing at an similar rate in order to ensure that all are afforded full and meaningful due process before being removed.

To see the ICE announcement, click here.

For a New York Times article on the record numbers, click here.

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Human Rights Watch Drafts Letter to Secretary Napolitano On Immigration Detainers

The international organization Human Rights Watch released a letter to DHS Secretary Janet Napolitano commenting on the new Immigration and Customs Enforcement ("ICE") draft detainer policy. The draft detainer policy was drafted with the goal of clarifying and standardizing the circumstances that should lead to ICE placing immigration detainers on foreign nationals held by local law enforcement agencies. While Human Rights Watch applauded DHS for its attempt to formalize a detainer policy, it pointed out that the current draft policy does not do enough to safeguard the rights of detained immigrants.

Importantly, the draft policy does not include any requirement that there be a clear legal basis for the issuance of a detainer and does not provide detainees with any grounds to challenge their custody under a detainer. Human Rights Watch also suggests that ICE implement data tracking systems on the duration of time individuals spend in the custody of local law enforcement due to ICE-issued detainers, how many people are held under detainer who are not ultimately served with a Notice to Appear, the underlying basis for detainers, and the immigration status of persons held under detainer (including how many U.S. Citizens are mistakenly held on detainers).

To read the complete letter to Secretary Napolitano, click here.

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Open Houses at USCIS Offices

On Tuesday, U.S. Citizenship and Immigration Services (USCIS) announced on its website that it will be hosting open houses at its offices across the country for community stakeholders and the general public. The open houses are for the community to learn more about USCIS programs and to meet USCIS personnel. Attendees of the USCIS open houses will be able to tour USCIS offices and watch mock naturalization interviews.

The open house for the USCIS Denver Office will be on October 25, 2010, from 2:30 p.m. to 4:30 p.m. To view a list of open houses for other USCIS offices, visit http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f87f9d6fd9c7b210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

To read more about the open houses, please visit http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95a921e7bcc7b210VgnVCM100000082ca60aRCRD&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190aRCRD

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USCIS Brings Naturalization Ceremony to Troops Stationed Overseas

Since September 2001, U.S. Citizenship and Immigration Services has naturalized more than 63,800 members of the military in ceremonies across the United States and in 21 countries. Last Friday, October 1, 2010, USCIS conducted the first naturalization ceremony to be held at Kandahar Airfield in Afghanistan. In keeping with the commitment to “bring immigration services to the troops wherever they serve,” USCIS officials administered the oath of naturalization to 88 service men and women. Currently, USCIS offers a streamlined naturalization process for permanent residents who are on active duty with the U.S. military. Expedited naturalization processing is also available to the spouses and children of U.S. citizen military members, provided they meet all eligibility requirements and their U.S. Citizen spouse has been deployed abroad for a year or more.

Find more information on citizenship and services available to U.S. military personnel at USCIS’ website:

http://www.uscis.gov/portal/site/uscis

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