Call for "Humane" Immigration Policy in GOP Presidential Debate

Last night, the candidates for the Republican presidential nomination gathered for their eleventh debate (still thirteen to go). This debate focused on national security issues. Late in the debate, the topic turned to immigration policy and specifically on what to do with the 11 million people in the United States without immigration status.

While most of the candidates only spoke about the need to secure the border, Newt Gingrich, who is currently at the top or near the top of national GOP polling, set himself apart from the crowd by actually addressing the 11 million people who are already here and calling for a "humane" solution. Gingrich indicated that deporting someone who has been living, working, paying taxes, and attending church in the United States for 25 years is not practical and not humane.

"I do believe if you've come here recently and you have no ties to the U.S., we should deport you," Gingrich said, but he stated, "I don't see any reason to punish someone who came here at 3 years of age and wants to serve the United States of America," in apparent support of DREAM Act-type legislation.

Gingrich indicated that for those who have been here for a long period of time with deep roots in our community and have not committed crimes, there should be some way to legalize their status without separating families. He added that if Republicans want to be the party of families, they cannot support ripping these types of families apart. Gingrich recognized the potential political problems his stance could make for him in the GOP, saying, "I'm prepared to take the heat for saying, 'Let's be humane in enforcing the law without giving them citizenship but by finding a way to create legality so they are not separated from their families.'"

Gingrich, the former Speaker of the House with unquestioned conservative credentials, deserves credit for standing apart from the crowd and trying to shift the conversation toward realistic solutions in the midst of a GOP primary.

Mitt Romney's response to Gingrich during the debate was with unflinching opposition to anything that smelled of amnesty. Romney, though, has in the past taken a very similar position to Gingrich regarding those already in the country. As recently as 2007, Romney was quoted in the Lowell Sun newspaper saying, "I don't believe in rounding up 11 million people and forcing them at gunpoint from our country. With these 11 million people, let's have them registered, know who they are. Those who've been arrested or convicted of crimes shouldn't be here; those that are paying taxes and not taking government benefits should begin a process toward application for citizenship, as they would from their home country."

While it would be an overstatement to suggest that there is broad support for any type of immigration reform in the Republican party, the fact that two top candidates for the nomination are (or recently have been before becoming staunchly anti-amnesty) supportive of a humane and realistic approach to dealing with those already in the country without status is the first hint in a long time that there may be some daylight for future immigration reform.

Read the RealClearPolitics article on the immigration exchange in last night's debate here.

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DHS: Pilot Project for Deportation Case Review in Denver

The Department of Homeland Security will conduct a review of all pending deportation cases around the country to conduct a triage of the courts' overwhelmed dockets. The review is intended to focus resources on deporting those who have committed serious crimes or pose national security risks.

The review will include six-week pilot projects in the immigration courts in Denver and Baltimore. During the pilot projects, teams of immigration agency lawyers will evaluate each case pending before those courts. Those cases which are not determined to fit with the government's priorities may be administratively closed but will not be dismissed. The fact that a person's case is administratively closed will not entitle him to any work permit or any other immigration status. Additionally, the administratively closed deportation case can be reopened in the future at any time the government chooses.

Click here to see the New York Times article on the review of deportation cases.

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Author of Arizona Immigration Law Loses Recall Election

Russell Pearce, the author of the controversial Arizona legislation aimed at illegal immigrants, lost a recall election last night and has been voted out of office.

He was forced into the recall election after disapproving constituents collected more than 10,000 signatures. He was defeated in the election by fellow Republican Jerry Lewis, who said that Pearce's immigration law had made Arizona "a pariah." Lewis is proposing a more cooperative stance against illegal immigration which aims to seek solutions by working with federal authorities and other parties.

Click here to read the CNN article on the recall election.

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Boulder County DA Vows to Prosecute Crimes Against Immigrants

In an interview with Colorado Public Radio's Ryan Warner today, Boulder County District Attorney, Stan Garnett, discussed his new focus on prosecuting crimes against undocumented immigrants. Garnett's decision to act comes as a response to countless cases of exploitation of immigrant communities.

Garnett's firm commitment to protect crime victims, regardless of immigration status, has drawn heavy criticism from anti-immigrant members of the community. Despite public uproar, Garnett is unwavering in his belief that immigration status is irrelevant to the prosecution of criminals and that all victims deserve protection. Garnett also hopes to foster a relationship of trust with law enforcement, so immigrants feel comfortable reporting crimes. He describes his policy as aligned with the values of law enforcement throughout Boulder County.

Stan Garnett's promise to prosecute crimes against immigrants is a welcome one, especially when contrasted with other counties whose District Attorneys inexplicably refuse to certify U Visa applications filed by victims of serious and violent crimes.

Watch Ryan Warner's interview with Stan Garnett here.

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Tancredo Either Dishonest or Completely Uninformed in 9News Debate with Julien Ross

On Tuesday, Will Ripley of 9 News hosted a debate on immigration and border-related issues with former U.S. Representative and Colorado gubernatorial candidate Tom Tancredo and Colorado Immigrant Rights Coalition Director Julien Ross.

Click here to watch a 9 minute clip of the debate.

For one of the loudest participants in our national dialogue on immigration issues, Mr. Tancredo displayed a surprising naïveté and ignorance on critical issues.

In the face of Mr. Ross’s point that 3/5 of the 11 million undocumented people in this country have been here for over a decade and are deeply rooted to their communities, Mr. Tancredo insisted that implementation of E-verify will cause them all to self-deport. Mr. Ross recommended a more comprehensive approach which would require the undocumented population to come out of the shadows and register, pay taxes, pay a fine, go through a background check, and learn English. This would immediately bring this population out of the shadows and allow immigration enforcement authorities to identify and focus on those who have been convicted of violent or dangerous crimes. In combination with an E-verify-type system, the proposals from Mr. Ross and others could be the backbone of a reform that would both deal with the 11 million undocumented people here now while preventing illegal immigration in the future.

Beyond his naïve belief that E-verify by itself will cause 11 million people to self-deport and resolve our immigration issues, Mr. Tancredo demonstrated startling ignorance of the law on his pet issue. At about minute 5:00 of the clip, the conversation turned to the DREAM Act (Development, Relief and Education for Alien Minors). Mr. Ross told the story of a young man named Edgar who was brought to the United States as a seven year old, went to our schools, and then graduated from police academy. Our communities have invested resources in Edgar to educate him and now he is ready to serve his community as a police officer. But Edgar can’t do so because he does not have any documentation. The DREAM Act would allow people like Edgar to obtain a legal status and would allow our society to reap the benefits from these people that we have already invested our resources in.

Mr. Tancredo’s argument against the DREAM Act is that it is a way in which to give amnesty to all of the DREAM Act eligible person’s family members. At minute 6:10, Mr. Tancredo states that the “minute you become a legal resident, you have the ability to apply for that same residency for all of your family.” With Mr. Tancredo’s years of advocacy on immigration issues, he either knows that his statement here is completely untrue but says it anyway to try to advance his agenda or he has been utterly careless in researching an issue on which he holds himself out as an expert. First, DREAM Act students would not immediately become lawful permanent residents but would have to pass through a period of conditional status. Moreover, even when they do eventually become permanent residents, they cannot apply for that same status for all of their families. For instance, a permanent resident from Mexico can file an immigrant petition for his spouse, but under current wait times the spouse would not be able to gain resident status for years. The same would be true for the child of a permanent resident. Under section 1153(a) of Title 8 of the U.S. Code, a permanent resident cannot petition at all for his parents or brothers or sisters. If some day, say in 11 years (six years in conditional status plus five years as lawful permanent resident as required for naturalization), the DREAM Act kid successfully became a naturalized citizen, at that time he could apply for his parents and siblings. Of course, the siblings who were born in Mexico would have to wait for 15-20 more years under current processing times to be able to get their resident status.

The idea that the DREAM Act allows the beneficiary to get amnesty for his entire family “the minute he gets his status” is absurd and can be debunked with a few minutes of research. It’s not immediately clear which would be worse: if Mr. Tancredo knew this and lied about it or if he honestly doesn’t understand and hasn’t researched this issue that he spends so much of his time advocating on.

Kudos to Julien Ross of CIRC for his performance in the debate. As for Tom Tancredo, there are plenty of arguments to be made on different sides of the immigration debate and there is no need for him to make misrepresentations about the facts or the law. If he wants to carry the bullhorn for the anti-immigration reform crowd, he owes it to them research the issues and present the facts honestly.

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Napolitano Predicting Record Deportations

On October 5, 2011, Department of Homeland Security (DHS) Secretary Jane Napolitano wrote an Op-Ed piece for Politico about the enforcement of immigration laws.

Secretary Napolitano sought to respond to critics of immigration policy from both sides. In the editorial, she predicted that next year DHS will break records with the number of deportations from the United States but explained that "while the overall number of individuals removed will exceed prior years, the composition of that number will consist of more convicted criminals, recent border crossers and repeat immigration law violators than ever before."

The administration's focus on prioritizing which individuals should be deported with limited resources makes sense. However, her prediction that DHS will break records for deportations next year calls into questions the hope for those low-priority individuals who seek prosecutorial discretion. Rather, it seems more likely that DHS will see that "record" number of deportations for the coming year as a mandate from above or a quota. Unfortunately, the data can be easily massaged to make it look like DHS has really sharpened its focus on high-priority aliens. By lumping all criminal offenses together, DHS can crow about the removal of criminal aliens. Secretary Napolitano stated in her Op-Ed that "50 percent of immigrants removed from our country had been convicted of a criminal offense."

Such statistics don't delve into what percentage were deported for drug offenses or violent offenses and what percentage were deported after being pulled over for having a tail light out and then convicted of driving without a license because their international driver's license is only good for a short period here in the United States.

All crimes are not the same and we should remember this for the coming year when DHS produces statistics of record deportations of "criminal aliens."

Click here to see Secretary Napolitano's Op-Ed .

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Far Reaching Human Consequences of Failure to Change Immigration Laws

In a time of consistent inaction on any issue important to the governance of the United States by the United States Congress, the question becomes how individuals work within antiquated, draconian, biased and divisive immigration laws. The United States bases its existence on the rule of law, and sees the Constitution as a living document; therefore, ensuring that one is following the immigration law is of paramount importance.

Putting aside the fact that current immigration law is a hindrance to free market economy because employers basically have to ask permission from the United States Department of Labor to hire the employee of their choice (ask any employer who has chosen the perfect person to work for him and has had to navigate business based visas, the PERM Labor Certification Process, and the minimum six year waiting period for professionals to be eligible to then apply for permanent resident status); and not taking into account the fact that permanent residents of this country have to wait years to live with their spouses and children, it is becoming ever more clear that the human toll of the immigration laws in the United States is devastating, and affect so many, it becomes difficult to fathom why Congress has refused to act.

When considering all those that immigration law affects, consider those in the gay and lesbian community. People who are legally allowed to marry in a minority of states remain ineligible to petition for their spouses to remain in the United States because of the Defense of Marriage Act (DOMA). DOMA denies same-sex couples all federal marital benefits, such as tax preferences, Social Security and spousal immigration rights. This means that even for same sex couples that are legally married to a United States citizen that citizen in their state, the government still does not allow them to petition for the foreign national spouse to remain in the United States. There are a number of Congress men and women who believe this is unfair, and have introduced bills to repeal DOMA and allow same sex married couples to petition for one another, but in the meantime families continue to suffer under Congress’ inaction. Just because a bill is introduced, it does not mean it will be passed, or even looked at.

http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2011%2F10%2F05%2FMNEJ1LDPA3.DTL

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Decline in Unauthorized Aliens Residing in US

Whether it is the economy or an increase in worksite enforcement, the number of unauthorized aliens in the United States has declined since 2008. According to the Congressional Research Service report published September 22, 2001, an estimated 10-11 million unauthorized aliens lived in the U.S. as of 2010, compared to over 12 million in 2007. The report surveyed the U.S. Census Bureau's Current Population Surveys (CPS) published since 1986, and the Department of Homeland Security (DHS) Office of Immigration Statistics (OIS) reports based on the U.S. Census Bureau's American Community Survey (ACS) since 2000.

The report analyzed data collected not only on the number of unauthorized aliens in the U.S., but also countries of origin, residence in the United States, and year of arrival. The majority of unauthorized aliens residing in the U.S. as of 2010, approximately 30% of the total population, entered between 2000 and 2004. Only 9% of the current unauthorized alien population entered the U.S. between 2005 and 2009 according to a 2010 CPS report. Unauthorized aliens migrating from Mexico have declined since 1986, from 69% to 57% in 2010, while aliens originating from Asia have increased by 6%. The greatest number of unauthorized aliens continue to reside in California and Texas. According to the report, Colorado is not even in the top ten states "with unauthorized resident aliens" with a 2010 headcount between 140,000 to 325,000.

Contributing factors to the rise and fall of the unauthorized alien population in the U.S. since 1986 included economics, legislation, and enforcement. Some analysts attributed the rise of unauthorized aliens to "lax enforcement of employer sanctions," introduced in 1986 (Immigration Reform and Control Act (IRCA) of 1986). These analysts point to the decrease in unauthorized aliens since work site enforcement increased in 2007-2008. However, the decrease in population since 2007 may also be attributed to the 2008 housing downturn and the subsequent recession.

In addition, the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA) "may have inadvertently increased the population of unauthorized resident aliens." Among other penalties, the act introduced the three and ten year bars to admission for aliens unlawfully present in the US for 180 days or more. These provisions "coupled with incrased resources for border enforcement" in the wak of the 911 terrorist attacks, according to the report, have created a "caging effect" that has "stymied what had been a rather fluid movement of migratory workers along the southern border." The result of IIRIRA "raised the stakes" and "created an incentive for those who succeed in entering the United States to stay."

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2013 Diversity Lottery Opens October 4, 2011

The U.S. Department of State ("department") announced on September 27, 2011, that registration for the 2013 Diversity Lottery Program will open October 4, 2011. The department will accept electronically-submitted, registration applications (E-DV Form) until noon (EDT) on November 5, 2011.

Annually, the department sets aside 55,000 immigrant visas for the Diversity Visa Program. Out of the 55,000, 5,000 visas are allocated and available to aliens eligible to apply under the Nicaraguan and Central American Relief Act (NACARA). The department selects and distributes the available 2013 Diversity Visas to nationals from among six geographic regions and up to 7% of applicants from any single, eligible country.

Nationals of countries sending more than 50,000 immigrants tot he United States or more are not eligible to register for the Diversity Visa Program. The list of ineligible countries includes natives from the following: Bangladesh, Brazil, Canada, China (mainland-born)*, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

*Natives of Hong Kong SAR, Macau SAR, and Taiwan are eligible to register.

Eligible registrants must submit an E-DV Form at www.dvlottery.state.gov to enter the lottery. The department will no longer accept paper entries. The official, electronic form is only in English. However, registrants may find unofficial translations of the electronic form on the department's website, in Albanian, Armenian, Hungarian, Polish, Romanian, Russian, Ukrainian, and Uzbek. Other translations of the form or assistance with translations may be available at the respective US Embassy website or foreign post in the registrant's country of residence.

The electronic registration system provides each registrant with a unique confirmation number. On or after May 1, 2013, registrants can return to the department's website to check if their confirmation number has been selected. If selected, the departmen will then send instructions to the successful registrant on how to apply for an immigrant visa.

Every year through the wonders of internet technology more fraudulent websites are created as scams charging unnecessary fees to unwary lottery registrants. The websites often appear as official government websites. Scammers may also send emails or letters "posing as the U.S. government." Please remember that the department does NOT collect a fee from registrants to enter the Diversity Visa Program. In addition, the department will NOT send registrants status updates or selection notices via email or regular mail. Registrants must check the department's website using their confirmation number for updates on their entry.

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California Dreaming

The California DREAM Act has been signed into law. The Act, (AB 130) gives to undocumented students access to "privately funded scholarships for attendance at community colleges, state colleges, and public universities" in that state. Because there is no cost to the taxpayers, the measure passed easily. With the passage of AB 130, the legislators are now looking at AB 131, a much more controversial bill which would allow undocumented students to apply for state tuition assistance and Board of Governors fee waivers at community colleges. AB 131 would also give these students gain eligibility for university grants. Given the current economic situation in the United States, but especially in California, AB 131 may not be the boon that these students had hoped for since they will be "last in line" for the financial benefits after U.S. citizens and Permanent Residents. Nevertheless, to be given the opportunity to gain a college education where none existed before can only be counted as good. For more information on this subject, please follow the link below.

http://www.mondaq.com/unitedstates/x/145178/Labour+Relations/California+Passes+Part+1+Of+The+DREAM+Act+For+State+College+University+Students&email_access=on

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First Reported Cases Benefiting from 8/18/11 Obama Administration Announcement

Scattered reports in the media have indicated that the August 18, 2011 announcement by the Obama Administration may be starting to have some effect.

CNN reports that an Arizona attorney was contacted by Department of Homeland Security (DHS) officials and told that she should request that her case be dismissed. The Huffington Post reports that two teenage men in Georgia have also had their deportation cases closed under the new policy.

Despite these reports of what seems to be an implementation of the August 18 announcement, it is important to recognize that the announcement is not an amnesty and does not grant anyone legal status. There is no new application that can be filed or that a person can sign up for. The announcement does not create any new way to file for a work permit either. The American Immigration Lawyers Association (AILA) put out a consumer advisory warning that there is no sure way to know whether one's case would be safely considered "low priority" under the new announcement and no sure way to know that a particular "low priority" case won't be prosecuted anyway.

While it will be interesting to see if these sporadic reports turn into a general trend of closing cases deemed "low priority" by DHS, for the time being there seems to be little change on the ground.

To read the CNN article, click here;

For the Huffington Post article, click here;

To review the AILA consumer advisory, click here.

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Obama's Amnesty? Not so Fast

The Obama Administration announced on Thursday that it will make a case-by-case review of some 300,000 immigrants facing possible deportation in immigration courts around the country. The stated goal of the review is to focus on removing convicted criminals who might pose a threat to national security or public safety.

The Thursday announcement follows a June memo from the director of Immigration and Customs Enforcement (ICE), John Morton, outlining when and how ICE agents could use prosecutorial discretion in immigration cases.

Administration officials, to this point speaking anonymously, have indicated that those whose deportations are put on hold may be eligible for work authorization. Whether this would come in the form of an order of deferred action or some other way is unclear.

In fact, much of how this new policy will play out on the ground remains unclear. We know that it does not give anyone a new path to lawful permanent resident status. As of yet, there is no known way to affirmatively apply to have one's case put on hold or to apply for work authorization based on the new policy.

How this new policy unfolds will depend on how DHS officers and attorneys implement it. Which immigrants actually end up benefiting from this new policy is still far from clear.

Read the Washington Post Article.

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Prosecutorial Discretion Memo, What Does It Mean?

On June 17, 2011, John Morton, Director of Immigration and Customs Enforcement (ICE), issued two memos encouraging the expanded use of prosecutorial discretion by ICE officers, agents, and attorneys in all phases of civil immigration enforcement.

The new Morton memo is significant because it clarifies that the actions that can be used to exercise prosecutorial discretion include decisions on whether to:

- Issue or cancel a notice of detainer;

-“Reissue” or “serve” Notices to Appear (NTA); this gives an ICE officer the flexibility to allow a respondent to accrue the necessary continuous residence or continuous physical presence time for LPR and non-LPR cancellation, respectively;

-Settle or dismiss a proceeding; this appears to apply at all stages of a removal proceeding, including federal court appeals.

The memo cites as favorable factors to consider: whether the case falls within agency priorities, whether the person has graduated from a U.S. high school or is in pursuit of higher education, family relationships. Only a few negative factors are listed warranting “particular” consideration, including national security risks, serious felons, repeat offenders, those with lengthy criminal records, gang members, and “egregious” immigration violators.

The memo encourages ICE officers to proactively consider prosecutorial discretion even without being asked to do so.

Only a month after the roll-out of the new Morton memos, it is still to be seen how they will play out in the field. Hopefully they will be used to help ICE keep its focus on its stated goal of deporting serious criminal offenders and dangers to the community while spending less time chasing the deportations of DREAM Act eligible and other non-priority cases.

For the Morton Memo, click here.

For an excellent detailed advisory by Mary Kenney for American Immigration Council, click here.

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ACLU Wins $200,000 Settlement from Maricopa County Sheriff for Illegal Detention of Citizen and LPR

68-year old Julian Mora and his son were driving in their truck when they were pulled over by the Maricopa County Sheriff's Department. They had not violated any traffic laws, but were nonetheless ordered out of the truck, zip-tied, and transported to a nearby work-site immigration raid that was being conducted. After being transported to the raid, they were detained for three hours by the police.

After three hours, they were given the chance to prove that they were lawfully in the U.S. Because Julian Mora is a lawful permanent resident who has lived in this country for over 30 years and his son is a U.S. citizen, they were easily able to do so.

The American Civl Liberties Union (ACLU) of Arizona brought suit on behalf of Mora against the Maricopa County Sheriff's Department and yesterday a settlement was reached for $200,000.

New state laws seeking to further involve local police in immigration enforcement will make these scenarios more and more common. Law enforcement officers in states with new "papers please" laws will inevitably detain U.S. citizens and some of these detentions will end up being for far more than three hours. Imagine the case where a U.S. citizen speaks with an accent and does not have ready access to his birth certificate or passport. Where the citizen is mentally disabled and is unable to explain his situation to the police. There are infinite complications that can and will cause people to be unable to prove their legal status at the drop of a hat. With time, these "papers please" laws will result in more and longer detentions by local police officers of U.S. citizens and lawful permanent residents who can't prove their status on the spot. And when that happens, the taxpayers will be on the hook for more expensive lawsuits and settlements.

See the ACLU press release here.

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ABC News Journalist Outs Self as Undocumented in Support of Dream Act

In the wake of Congress failing to pass the DREAM Act (Development, Relief, and Education for Alien Minors) last year, Jose Antonio Vargas decided to reveal his status as an illegal immigrant.

Vargas is an ABC News Journalist who won a Pulitzer Prize for his coverage of the Virginia Tech shootings in 2007. He arrived in the United States at the age of twelve from the Philippines and did not learn that he did not have immigration status until years later.

Vargas' story is one of many that should put a human face on the potential beneficiaries of the DREAM Act who ended up in the U.S. without immigration status through no fault of their own. Hopefully Congress considers his story and so many others like it and gets DREAM back on the table.

For more, click on the links:

-The short Denver Post article on Vargas speaking out

-Video of Vargas talking about being undocumented

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Georgian Farmers Blame Labor Shortage on State's New Immigration Law

Georgia recently passed an Arizona-like bill that goes into effect on July 1. Among other things, Georgia House Bill 87 requires private employers to use an employment eligibility verification system and provides authority for law enforcement officers to enforce federal immigration laws and investigate the immigration status of Georgia residents.

As reported recently in the Atlanta Journal-Constitution, migrant farm workers are choosing not to settle in Georgia because of HB 87. This has created a severe labor shortage among fruit and vegetable growers and potentially puts millions of dollars of crops in jeopardy.

Prospects for resolving the shortage look grim. Farmers say they are unable to recruit Georgia residents to work in their fields, because "it is temporary, hot and physically demanding." The president of the Georgia Fruit and Vegetable Growers Association said his farm is struggling against the worker shortage even after boosting pay to attract more migrant workers.

As states continue to pass piecemeal immigration laws, the labor shortage in Georgia will undoubtedly repeat itself throughout the rest of the United States. Georgia's struggle to save its crops exposes the country's dependence on migrant workers and calls for a guest worker program, both for the sake of our economy and the protection of immigrant workers.

Read more here in the Atlanta Journal-Constitution.

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Denver Immigration Court Overloaded

An article in Sunday's Denver Post documents the overwhelming caseload at the Immigration Court in Denver, Colorado. According to the article, two of Denver's immigration judges have as many as 2,400 pending cases each at any given time.

Judge Dana Leigh Marks, president of the National Associate of Immigration Judges, is quoted as saying that the necessarily rushed nature of the proceedings with such an inundation of cases is akin to trying death penalty cases in a traffic court setting.

With the enactment of Secure Communities and other programs designed to sweep more and more people into removal proceedings, the court's caseload seems likely to get worse. In the midst of the current budget struggles, it is difficult to envision Congress passing funding for more immigration judges and court staff to ensure due process and meaningful hearings in immigration court.

To read the article in the Denver Post, click here.

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United States Citizenship & Immigration Service Extends Temporary Protected Status to Haiti

On May 17, 2011 the Department of Homeland Security (DHS) extended Temporary Protected Status (TPS) to Haitians who qualified and applied during the designated time and who received TPS from the government. This move is a welcome and much needed recognition of the tens of thousands of human beings present in the United States who remain in need of protection from return to Haiti, a country still suffering from the earthquake that occurred more than a year ago. The extension is valid from July 23, 2011 until January 22, 2013.

Additionally, DHS has re-designated Haiti for Temporary Protected Status, allowing Haitian Nationals who were not covered by the initial designation but whom were continually present in the United States since January 12, 2011 to make a filing for TPS now. This measure allows people who entered the United States during the year following the earthquake to apply for TPS.

http://aila.org/content/default.aspx?docid=35422

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The "A" Word

After previous failures to get any traction on comprehensive immigration reform or the DREAM Act, President Obama has again ramped up his efforts to call for reform. The outlines of the President's proposed plan are nothing new. He emphasized the need to pore further resources into securing the borders and prosecuting business owners who willfully employ undocumented workers. At the same time, those illegally in the country could begin a legalization process after they (1) admit to having broken the law, (2) pay taxes and a fine, (3) learn English, and (4) undergo background checks to ensure that they have no serious criminal history.

For opponents of reform, the broad outline of the plan will be immediately deemed as unacceptable because it amounts to an amnesty. With so much of the political debate centered on whether or not a given plan is an amnesty, it is probably worth looking at what the word amnesty means.

According to dictionary.com, the definition of "amnesty" is (1) a general pardon for offenses, especially political offenses, against a government, often granted before any trial or conviction; (2) an act of forgiveness for past offenses, especially to a class of persons as a whole; or (3) a forgetting or overlooking of any past offense.

The relevant definition word “pardon” is defined as (1) a release from the penalty of an offense; a remission of penalty, as by a governor; or (2) forgiveness of a serious offense or offender.

Would requiring offenders to (1) admit to having broken the law, (2) pay taxes and a fine, (3) learn English, and (4) undergo background checks to ensure no serious criminal history before they could start a legalization process really be an amnesty? Such requirements seem more akin a mass guilty plea and sanction (a presumably substantial fine and English classes) than a "release from the penalty of an offense" or a "forgetting or overlooking of any past offense."

When a person pleads guilty to DUI, he admits to having broken the law and then is required to pay court costs and fines and often agrees to take classes. DUI and other criminal offenders are not seen as having been granted amnesty.

A reform program should be envisioned as a mass guilty plea with serious sanctions attached. It would be to American society's benefit that fines will be paid, those who do not know English will be required to learn it, and 10 or so million people will no longer be living in the shadows.

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Colorado Springs-Based Immigration Scam Shut Down

The Denver Post reports that an immigration-help services company named "Simply Done Immigration" has been shut down after a settlement with the Colorado Attorney General's Office.

The company represented its staff members as being immigration document experts despite having no legal or immigration training. The company also inferred an affiliation with the U.S. government. In addition, it sold forms which can be obtained for free from government immigration offices or from the website www.uscis.gov. Simply Done Immigration will also be forced to pay $20,000 in consumer restitution.

The Attorney General's office deserves kudos for going after this company and others like it whose scams prey on the immigrant community and cause untold damage to people's lives when sometimes irreversible mistakes are made on immigration filings.

For more information, click on the below links:

-the Denver Post article on "Simply Done Immigration"

-the list of forms available for free from the official United States Citizenship and Immigration Services (USCIS) website

-the USCIS initiative to combat the unauthorized practice of law.

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White House Posts Blog Regarding Immigration Reform

Many in the immigration community have wondered when the current Administration was going to focus its attention on Immigration Reform. Immobilized by a flailing economy, war, an oil spill crisis, world wide natural disasters, health care reform, a budget crisis, etc., many have thought that there will be no change to the crippled United States immigration law for at least another two years.

Yesterday, the President reiterated his dedication to immigration reform and met with national leaders in government, faith and community based organization to discuss his intent and continue to press this as a priority, not just for him but for all of the people in the room. President Obama listened to the concerns of those present and requested and received input on how to advance legislative efforts. The President urged serious and civil discussions around the country to help create the space for congressional action.

As an immigration practitioner, we are every day firsthand witnesses to the frustration and inconsistencies of our broken immigration laws; human beings unable (but certainly not unwilling) to change their documentation status and come out of the shadows. The frustration is deepened by what feels and looks like a federal government turning its back and consciously choosing not to act. And as the debate rages on and security remains at risk. A part of any immigration reform debate needs to address the undocumented population and ensure those that are deserving are able to remain and eventually earn Lawful Permanent Resident status while allowing Immigration & Customs Enforcement to focus its energies and resources on those that are a true threat to our national security.


http://www.whitehouse.gov/blog/2011/04/20/working-together-create-21st-century-immigration-system

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Staunch Cold War Ally Faces Deportation from U.S.

General Eugenio Vides Casanova, a former defense minister from El Salvador, was found by a 1983 United States Department of State report to have "acquiesced" in the cover-up to the rape and murder of four Catholic nuns and the assassination of Archbishop Oscar Romero. He has also been found liable for the brutal and systematic torture of the detained Salvadorans during his time in power.

At the same time, Mr. Vides Casanova was a valued cold war ally of the United States who was praised for his iron-fisted approach to the battle with marxist guerillas. He was awarded the Legion of Merit award by President Reagan. He eventually retired to a coastal community in Miami, Florida.

Now, the Department of Homeland Security is seeking to deport this once valued ally for his role in torture and other human rights abuses. An immigration court in Florida is scheduled to hear Mr. Vides Casanova’s removal proceedings this week. Though normally removal proceedings take only a half-day, the immigration court has scheduled Mr. Vides Casanova’s case for a full week. Former U.S. ambassadors are supposed to both testify against Mr. Vides Casanova and in his defense.

This case involves a fascinating intersection between the U.S. history of realpolitik foreign policy in opposing leftists and Latin America and the Department of Homeland Security’s desire to deport a man responsible for severe human rights abuses. It will be interesting to see how it unfolds.

For more on the removal proceedings against General Eugenio Vides Casanova, click on the following links:

-article from the Florida Center for Investigative Reporting;

-article from The Guardian;

-article from The New York Times.

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Gay Immigrant Rights Activists Allege Civil and Human Rights Violations at Immigration & Customs Enforcement Detention Centers

As the current executive administration battles budget issues, economic crises and proves to the anti-immigration reform movement that it is tough on employers for hiring undocumented workers, another, arguably more marginalized group of immigrants comes forward asserting rights to fair treatment under the law. On March 4, 2011 the Obama Administration announced that it will not defend the Defense of Marriage Act. This statement gave same-sex partners across the country hope that they would have the opportunity to petition for their loved ones just like heterosexual United States citizens are allowed to petition for their spouses.

Now, a group of gay immigrants are alleging Human Rights Abuses at already beleaguered Immigration & Customs Enforcement Detention Facilities. The complaints have been filed with the Department of Homeland Security alleging civil and human rights abuses of lesbian, gay, bisexual and transgender immigrants being detained pending removal proceedings. The Heartland Alliance National Immigrant Justice Center wants the agency's Office of Civil Rights and Civil Liberties to investigate the treatment of sexual minorities in DHS custody, and to craft policies to address any violations and oversee their implementation.

http://legaltimes.typepad.com/blt/2011/04/gay-immigrants-allege-human-rights-abuses-in-ice-detention-centers.html

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Major Portions of Harsh Arizona Immigration Bill Remain Blocked

Today, the 9th Circuit Court of Appeals refused to lift a stay that blocks major sections of last year’s tough immigration enforcement bill, passed in Arizona. The law, SB-1070, was set to take effect last July 29, 2010. However, the U.S. Justice Department sued to block the law, arguing that the Arizona law violates the constitution because immigration is a federal issue. The day before the law was set to take effect, a federal judge ordered an injunction blocking the enforcement of many parts of the law. Arizona governor Jan Brewer filed an appeal of the judge’s ruling, which the 9th U.S. Circuit Court of Appeals denied today. You can see the full article here.

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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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Departments Working Together to Ensure Timely Adjudication of Petitions for Immediate Relatives in Removal

The United States Citizenship & Immigration Service (USCIS) and Immigration & Customs Enforcement (ICE); both divisions of the United States Department of Homeland Security (DHS) have issued memoranda indicating a commitment to work together in the adjudication of Immediate Relative petitions for individuals in removal proceedings. USCIS has agreed to adjudicate petitions for individuals who are detained in 30 days, and 45 days for nondetained foreign nationals.

This move represents recognition between the departments that adjudication and completion of cases is an efficient, timely manner requires the participation of both divisions and that communication between the two is paramount to case completion. Since the Legacy Immigration & Naturalization Service was dissolved and the Department of Homeland Security formed there are now three different agencies that have authority over foreign nationals coming into the United States as well as their presence here. While this has served to decrease adjudication times in some instances, it has become more difficult in some instances for individuals in removal proceedings to complete their cases, causing considerable delays. USCIS has jurisdiction over all immigrant petitions, and the Executive Office for Immigration Review (EOIR) cannot adjudicate an adjustment of status application until the petition has been approved. Generally ICE will have the file because they are the enforcement division and therefore communication between ICE and USCIS is key in ensuring adjudication on these petitions.

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USCIS to Issue one Document to be Valid for Both Employment Authorization and Travel Permission

The Untied States Citizenship & Immigration Service (USCIS) announced today in an “Interim Memo for Comment” that it will eventually begin issuing one document to cover both employment authorization and travel permission, rather than an employment authorization card and a paper advance parole document. The comment period closes on February 28, 2011 and the memo is in effect “until further notice”.

The new card will be the current I-766 (Employment Authorization Document (EAD) and will have look like the current employment authorization card, but will have an endorsement indicating that reentry into the United States after international travel is also authorized.

This change in documentary procedures in no way changes the analysis of whether an individual is eligible for advance parole, and is remains extremely important to analyze whether an applicant for adjustment of status can, in fact, travel outside of the United States and be eligible to reenter given their personal immigration history. Hopefully, USCIS will continue to be as careful in adjudicating these applications and not inappropriately grant advance parole to someone who is ineligible.

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New Mexico Mandates Local Police to Inquire About Immigration Status Upon Arrest

The Santa Fe New Mexican reports today that Governor Susana Martinez has directed state police on Monday to start asking about the immigration status of people arrested for crimes. This follows a nation-wide movement toward using local law enforcement officials as lead enforcers of federal immigration law. At first glance, one might think that these laws make perfect sense. After all, what better time to figure out a person's immigration status than after she has been arrested for a crime?

The problem with mandatory directives like the one imposed by Governor Martinez is that it will cause a chilling effect between the local immigrant communities and the police. For instance, if a woman knows that her boyfriend does not have immigration status and they get into a volatile argument, might she be less likely to call the police when that argument starts to cross a line into abuse? Similarly, in some jurisdictions the police have mandatory arrest policies for domestic violence calls. If there has been a fight, many times both parties are arrested and the actual facts are sorted out later after the situation has been calmed. This possibility of a dual arrest could further dissuade domestic violence victims from contacting police. Our law enforcement officers rely on their relationship with the communities they serve in and we should think long and hard before enacting any policy which discourages victims and witnesses from reporting crime to police. As the country marches further and further toward using local law enforcement as the dragnet to round up and deport immigrants, such efforts in the name of the rule of law could actually come at the expense of the effectiveness of our local law enforcement.

To read the story about Governor Martinez ordering New Mexico Police Officers to inquire about immigration status on arrest, click here.

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USCIS Reports that Fiscal Year 2011 H-1B Cap has been Reached

For employers in the United States seeking to hire professionals, one pool of applicants has been closed off for Fiscal Year 2011. The H-1B visa, available to professional companies seeking to employ a foreign individual in a professional position, is capped each year at a total of 65,000 visas for the entire country. The United States Citizenship & Immigration Service announced on January 27, 2011 that is has received enough petitions to meet the cap and will no longer take new ones. There are an additional 20,000 visas set aside for individuals with a United States earned Master’s Degree with an offer of employment in a position that requires a Master’s Degree, and that cap was reached on December 22, 2010 for Fiscal Year 2011.

Unfortunately, this continues to hinder free market professionalism during a lingering economic downturn. Companies are now unable to hire an employee if he/she is foreign born and does not have authorization to be employed in the United States. This loss tends to force individuals who are educated in the United States out of our job market and therefore out of the United States professional pool, making employers lose a competitive edge. In order for the United States to continue to participate in the global economy and increase our competitiveness, we must reform our immigration system to show that we do in fact want the best and the brightest here, using their knowledge and professional skills for United States corporations and small businesses.

http://www.aila.org/content/default.aspx?docid=34289

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Grants Available to Help Permanent Residents Become Citizens

Last week U.S. Citizenship and Immigration Services (USCIS) announced that there are three grants available this year to help prepare lawful permanent residents for citizenship and to promote immigrant integration in the United States. The grants total approximately $8.5 million and will provide citizenship preparation programs in cities across the country. There will be an estimated 35 award recipients to be announced by USCIS in September 2011.

Two of the grants will help strengthen citizenship preparation programs, while one of the grants will increase the capacity of organizations to offer citizenship services in underserved communities. Interested parties may apply for these funding opportunities at www.grants.gov and applications are due by April 1, 2011.

For more information, please visit http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=15b82dad650ad210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

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EB-5 Visa Program: Expanding Investments in American Businesses

NPR reported last week on the recent increase in popularity for the fifth employment based visa preference category, or the “EB-5” category. The EB-5 visa category, which was created by Congress in 1990, is available to immigrants seeking to enter the United States in order to invest in a business or company that will benefit the economy. There are two ways to invest within the EB-5 category: either by creating a new commercial enterprise, or investing in a troubled business. The minimum investment is $500,000, and must create at least 10 full-time jobs. The jobs must be created for U.S. citizens, permanent residents, or others lawfully authorized to work in the United States, and it does not include the intending immigrant investor or members of their family.

The EB-5 category can provide a quicker way to permanent residence than other categories because it allows qualifying applicants to self-petition for their permanent residence. The intending immigrant must file a Form I-526 Petition for an Alien Entrepreneur, followed by the I-485 application to adjust status to lawful permanent resident. The applicants are granted conditional permanent residency for a two year period, and finally, they must file a Form I-829 Petition by an Entrepreneur to Remove Conditions 90 days prior to the two year anniversary of the granting of the conditional Green Card.

NPR reported that with the current U.S. economic climate, it has been increasingly difficult for businesses to obtain the loans and start-up capital that they may need to expand their businesses. Many are turning to foreign investors to provide that financial backing, and then those foreigners are able to apply for the EB-5 visa category. NPR interviewed Bill Stenger, the owner of a ski resort in Vermont who is expanding from seasonal winter recreation to being a year-round resort, who reported that they had raised nearly $200 million dollars from foreign investors. With that, the resort had been able to hire 50 individuals so far.

To read more on the EB-5 program or to see the NPR article, please visit:

http://www.npr.org/2011/01/18/132940734/resort-draws-investors-with-immigrant-visa-program

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=facb83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextoid=facb83453d4a3210VgnVCM100000b92ca60aRCRD

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U.S. and Cuba Discuss Immigration

The Washington Post reports today that diplomats from the United States and Cuba met in Havana to discuss immigration issues. Roberta Jacobsen, principal deputy assistant secretary of state for Western Hemisphere affairs, led the discussion for the United States. The talks this morning focused on an agreement the U.S. has had with Cuba for the last 17 years, where 20,000 visas are issued to Cubans each year.

As was expected and customary for these twice-yearly meetings, the topic of immigration quickly turned to other issues between the two countries, including the U.S.’s trade embargo and Cuba’s detention of Alan Gross, an American accused of spying.

To read the full story, please visit http://www.washingtonpost.com/wp-dyn/content/article/2011/01/12/AR2011011202450.html

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USCIS Implements Help HAITI Act of 2010

On January 3, 2011 the United States Citizenship & Immigration Service announced the implementation of the Help HAITI Act of 2010; a law aimed at granting Lawful Permanent Resident status to certain orphaned children devastated by the Haiti Earthquake and paroled into the United States under the Haitian Orphan Parole Program.

To be eligible, children must: 1) file aForm I-485; Application to Register Permanent Residence or Adjust Status, with fee, on or before December 9, 2013; 2) have been inspected and granted parole into the United States under the humanitarian parole policy announced by the Secretary of Homeland Security on January 18, 2010(this program was closed to new parole requests on April 15, 2010); 3) be admissible to the United States as an immigrant, however visa and passport requirements are waived; and 4) be physically present in the United States on the date the application is filed and on the date that CIS makes a decision on the case. Importantly, CIS states that it is not necessary for a U.S. citizen to adopt a Haitian parolee in order for the Haitian parolee to obtain a green card under the Help HAITI Act of 2010. However, adoption by a U.S. citizen will be necessary for the Haitian parolee to obtain automatic citizenship under section 320 of the Immigration and Nationality Act.

The Act will serve to give opportunity never known before by these orphans whose lives were so completely altered by the earthquake in Haiti on January 12, 2010.

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Colorado to use Secure Communities Program

Earlier this week 9News in Denver reported that Colorado Governor, Bill Ritter, signed a memorandum of understanding with Immigration and Customs Enforcement (ICE) to begin using the program Secure Communities. Secure Communities allows local law enforcement agencies to run the fingerprints of alleged criminals through state and federal websites to check their immigration status.

Congress set aside $1.4 billion to expand Secure Communities and ICE hopes to have it operating in every jail in the country by 2013. Thirty-five other states are currently participating in the program, as well.

To read the full story, please visit http://www.9news.com/news/local/article.aspx?storyid=173517&catid=222

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U.S. States Again Take Aim at “Birthright Citizenship”

Today the Washington Post reported that state representatives from across the country are joining ranks to support legislation that would deny U.S. Citizenship to children born in the U.S. whose parents are undocumented.

This effort is aimed at the U.S. Constitution’s 14th Amendment, which currently grants citizenship to all children born within the United States. The proposal would challenge the current interpretation of the 14th Amendment, and would require that all children born in the U.S. have at least one parent who is a permanent resident or citizen to qualify for U.S. citizenship. The strategy is reported to be explicitly designed to draw legal challenges, and the proponents are hoping that it will force the Supreme Court to ultimately and explicitly decide on the application of the 14th Amendment. Proponents of the new strategy said they would revive the concept of “state citizenship” and would then draw a distinction between children born to parents with and without status. The states would issue a different birth certificate to children of permanent residents and U.S. citizens, versus the birth certificate issued to children born to undocumented immigrants, tourists, and foreign students.

Pennsylvania State Rep. Daryl Metcalfe (R) reported that he was planning to introduce legislation within weeks in Pennsylvania, and that legislators in about 40 states had expressed support, including Virginia, Arizona, Nebraska, Alabama, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, New Hampshire, Oklahoma, Texas and Utah.

The Washington Post further reported that opponents of the proposal are calling the challenge racially motivated, and directed at Latino persons. They cite past challenges to the 14th Amendment, raised in the context of challenging the legitimacy of African American, Chinese American and Japanese American citizenship. Further, many of the opponents cite Supreme Court rulings over the past hundred years that uphold the current interpretation of the 14th Amendment: that every child born in this country is an American.

To read the full article, visit: http://www.washingtonpost.com/wp-dyn/content/article/2011/01/05/AR2011010503134.html?hpid=topnews

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