2010 Census Results Could Affect 2012 Presidential Elections

With the Presidential Campaign season quickly descending upon us, candidates may find that a true discussion on immigration reform will be not only advantageous to their election; but required. Results from the 2010 Census are slowly trickling in, and some of the most astonishing numbers indicate a substantial growth in the Latina population. The 2010 Census has revealed that over the past decade the adult Latino population has almost doubled in Nevada, Virginia and North Carolina; but one of the most riveting statistics is the 60 percent or more increase in Indiana and Ohio, historically known as battleground states.

What does this mean for political hopefuls? That it truly is time to focus on Comprehensive Immigration Reform. It means that Conservatives cannot simply ignore the growing problem and that liberals need to truly focus on reform instead of mentioning it in a sound-bite and then glossing over the matter after a successful campaign and election.

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Motions to Reopen from Abroad

The Tenth Circuit Court of Appeals is being urged to reconsider its decision upholding a Board of Immigration Appeals regulation barring foreign nationals from filing motions to reopen from outside the United States. The Tenth Circuit's 2009 decision in Rosillo-Puga v. Holder is contrary to the position of the five other circuit courts to consider the issue. The case of Contreras-Bocanegra v. Holder is currently before the Tenth Circuit and the foreign national and amici curiae in that case are urging the court to grant en banc review of the case and then reverse course and recognize noncitizens' opportunity to seek review of unfavorable decisions from outside the United States.

For legal analysis of the Tenth Circuit's decision in Rosillo-Puga v. Holder, see my comment on the Denver University Law Review Online.

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Utah Governor Signs Four Immigration Measures into Law

Utah Governor Gary Herbert signed into law a package of four bills that will increase immigration enforcement but also implement a guest worker program. One of the bills is similar to that in Arizona by requiring police to check the immigration status of anyone stopped for a felony or serious misdemeanor. The bill does not sweep as broadly as Arizona's but could likewise lead to a landslide of unintended consequences. Another bill creates a guest worker program for illegal immigrants in the state. And the last set of bills allow businesses to recruit Mexican workers and American citizens to sponsor foreign residents who want to work or study in Utah.

With the signing, Governor Herbert urged the federal government to address immigration. Because his signing of the measures upset both anti and pro-immigrant groups, he made it known that his primary goal was to force the federal government to act.

Fortunately, Utah's package of bills is focused on more than enforcement measures by implementing a guest worker program. Nonetheless, the country's broken immigration system will not mend through the passage of piecemeal legislation, state-by-state. Hopefully the federal government will heed Utah's call to action.

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Extensions for Stranded Japanese & Pacific Travelers

Nationals of Japan and other Pacific based countries currently “stranded” in the United States due to the earthquakes and tsunamis in that region may be eligible for a 30 day extension of nonimmigrant or visa waiver program (VWP) status in the United States. On March 11, 2011, the United States Citizenship and Immigration Services (USCIS) announced that individuals in the US affected by the recent events in the Pacific who have expired or expiring status may extend his/her status in one of the following ways:

For Japanese nationals or foreign nationals of certain Pacific countries in VWP status:

• If you are at an airport, when your flight has been cancelled, you may request an extension from the Customs and Border Patrol (CBP); OR
• If you are NOT at an airport, you may request an extension from the local USCIS office.

For Japanese nationals or foreign nationals of certain Pacific countries in a nonimmigrant status:

• You may apply for the 30 day extension at a local USCIS office; AND
• You must bring your passport, I-94 Arrival Departure Record, and evidence that you are stranded in the United States (i.e., cancelled itinerary or tickets from the airline).

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USCIS Launches Plan to Crack Down on Illegitimate Immigration Practitioners

U.S. Citizenship and Immigration Services director Alejandro Mayorkas has asked the U.S. attorney generals to help him in the fight against individuals and businesses portraying themselves as immigration lawyers, despite not being authorized to practice law. These fake lawyers are sometimes known as “notarios,” and can charge extremely high fees and give fraudulent, inaccurate advice to people seeking immigration benefits. The campaign aims to track down and stop these practitioners, in addition to educating immigrants about how to recognize fake lawyers.

Last May, Colorado Attorney General John Suthers filed a complaint against a Colorado Springs-based business for defrauding hundreds of people who needed immigration assistance. The Colorado Springs Non-Profit Corporation, which also operated under the names Immigration Center, U.S. Immigration Center, ImmigrationHelpLine.org and U.S. Government Helpline, sold forms that are otherwise available for free on www.uscis.gov, and frequently sold the wrong forms. Further, employees of these businesses were paid on commission according to how many sales they made, and they falsely advertised themselves as “document specialists” who supposedly had a special, “inside relationship” with U.S. Citizenship and Immigration Services. However, none of these employees had prior government experience and were not authorized to give legal advice. The company was fined $2.5 million dollars for taking advantage of people who went to them for advice.

If you feel that you have been deceived by a fake immigration lawyer, you can make a complaint with the Colorado attorney general’s office on their website, located here: https://www.coloradoattorneygeneral.gov/departments/consumer_protection/file_consumer_complaint




To read more about USCIS’ campaign and the case against the Colorado Springs Non-Profit Corporation, please visit:
http://www.washingtonpost.com/wp-dyn/content/article/2011/03/09/AR2011030903015.html

http://www.walletpop.com/2010/05/18/colorado-immigrant-aid-business-penalized-2-5-million-in-fraud/

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A Welcome Call for Reform of the Federal Immigration Enforcement Programs in the United States

The University of California, Berkeley Law School produced a new report - "Borders, Jails, and Jobsites: An Overview of Federal Immigration Enforcement Programs in the U.S." - that analyzes the difficult policy issues surrounding immigration enforcement. The report focuses mainly on the two administrative agencies primarily responsible for immigration enforcement: Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), both under the umbrella of the Department of Homeland Security (DHS).

"Borders, Jails, and Jobsites" provides a broad overview of border enforcement, immigration enforcement in the interior, workplace enforcement and detention. Within each area, the report makes informed and intelligent recommendations for reform.

Perhaps most concerning are the unintended consequences of immigration enforcement programs in the United States. The root of the problem appears to be the lack of clarity regarding the states' role in implementing and enforcing federal immigration law. For example, in a policy reversal, the Office of Legal Counsel of the U.S. Department of Justice issued a memorandum in 2002 stating that states have "inherent authority" rather than "delegated power" to enforce federal law related to immigration. The memo has caused confusion, as some states - like Arizona - embrace their inherent authority, while others consider the memo flawed and unsupported in law. Until the role of states is clarified by the federal government, the majority of immigration enforcement programs will continue to foster distrust between immigrant communities and local law enforcement. Hopefully federal and local governments will begin to implement some of the recommendations suggested in this recent report.

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Mexican Police Chief to Seek Asylum in U.S.

Last October, Marisol Valles Garcia, a 20-year-old college student from Ciudad Juarez, Chihuahua, Mexico, was hired as police chief of the small border town, Praxedis Guadalupe Guerrero in Chihuahua; a town taken over by drug cartels and corruption. Marisol was studying criminology and was offered the job after two other job candidates stepped down when the town’s mayor and his son were killed. Now, after just five months on the job, Marisol has reportedly fled Praxedis for the United States. It is reported that after Marisol received death threats from a criminal group that wanted to force her to work with them, she fled to the U.S. last week with her husband and son to seek asylum.

Two months ago another Mexican border down was left without a police chief. Police chief and sole officer on the force in Guadalupe, Erika Gandara, was kidnapped. Erika’s fate is still unknown.

To read more on Marisol’s story and her quest for asylum, please visit http://www.msnbc.msn.com/id/41904784/ns/world_news-americas/?GT1=43001

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What Part of Unconstitutional Doesn't Arizona Understand?

The Arizona legislature continues to crank out anti-immigrant bills at a prolific rate. Here is a roundup of some of the latest lowlights with analysis below:

SB 1308 and SB 1309: Proposed as a challenge to the birthright citizenship clause of the 14th Amendment to the U.S. Constitution.

SB 1405: Requiring hospital employees to report anyone who seeks the use of an emergency room and cannot prove that they are in-country legally.

SB 1407: Requires schools to count children who cannot prove they are lawfully present in the country and report to state authorities.

SB 1611: Mandates that those convicted of "aggravated" theft of another's identity, which includes those who take the identity of a fictitious person invented only to obtain employment, serve six months in jail, even if the judge sentences them to probation. SB 1611 also makes it a crime for those unlawfully present to drive in Arizona, which leads to a minimum jail sentence of 30 days. [The fact that these bills would produce a huge spike in tax-payer funded incarceration of non-violent offenders is presumably not a great concern for some corporations who are heavy political donors to those crafting the legislation.].

SB 1611 also requires schools to require proof of citizenship or legal immigration status (purportedly to aid in the counting required in SB 1407). If a child does not produce documents, SB 1611 requires that the school refer the case to local law enforcement.

While there is much to criticize in the details of this bevy of anti-immigrant legislation [trying to check the immigration papers of people being rushed into the emergency room... really?], a general point of concern is the Arizona legislature's apparent indifference for the Constitution of the United States. Those who are trumpeting this legislation as necessary to enforce "the rule of law" do so while thumbing their noses at the foundational document of our legal system.

The 14th Amendment of the Constitution requires that children, even those without immigration status, have access to K-12 public education. Plyler v. Doe, 457 U.S. 202 (1982). The drafters of SB 1407 and SB 1611 are well aware of Plyler, but persist in choosing to propose legislation which has the very thinly veiled goal of keeping undocumented children out of public schools. They can still enroll, but their case will be turned over to local law enforcement when they cannot produce papers. Arizona local law enforcement, would then have reasonable suspicion about the family's immigration status and have to investigate under Arizona law and turn over the family for deportation proceedings. The takeaway is therefore, "Enroll your kids in school as guaranteed by the Constitution and we will use that information to deport you." The purpose of this legislation is to keep undocumented kids out of public schools despite it being well-settled law that the Constitution guarantees these children access to public education.

This should give us pause: Do the Arizona legislators swear to uphold the Constitution before beginning their public service? If so, how do they square that oath and commitment with their proposals for legislation that they know is undoubtedly unconstitutional?

Fact Sheet for SB 1407

Fact Sheet for SB 1611

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