Legalizing your Future Spouse

A woman inquired about legalizing her future spouse who she had been dating for months. They were talking about getting married but needed to know if it would be better to go to Mexico and marry and file over there or do it here in the US. They also inquired about the steps for doing so once their decision was made.

We provided an answer of:

You can get married in Mexico or in the United States. However, there may be risks with traveling abroad so before your spouse leaves the country, you should consult with a Colorado immigration attorney to discuss your options and come up with the best option for your circumstances.

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Sponsoring an Immigrant

A Swedish citizen currently living in the US with her spouse's VISA (L1 and L2) asked about when his assignment is over. She wanted to know if there was any chance someone can sponsor her to stay in the US. They had financial resources, but also wanted to work here. Additionally, she requested to know if there was any risk for the sponsor?

Our response at Joseph Law Firm Denver was that under U.S. immigration law, there is not avenue to remain in the United States based on generic sponsorship. It may be possible for you to remain in the United States, but you would have to obtain a new employer sponsor or start a business and self-petition for an investor or treaty trader visa (E-1 or E-2). You should consult with an immigration attorney to discuss these options and the best avenue for you.

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If Looking to Marry Someone Who Entered the Country from Mexico without Inspection

I am sharing this question pertaining to a woman who asked if it was possible to keep her boyfriend here without having to go to Mexico.

Generally, if you entered the United States without inspection, you must return to Mexico in order to process your immigration paperwork. The exception to this is if someone filed an immigrant visa petition for you or your spouse or your parents prior to April 30, 2001 in which case you may be covered by a law called 245(i) which expired on April 30, 2001. Under 245(i), you may be able to pay a penalty fee and remain in the United States to process your paperwork. You would need to consult with an immigration attorney to see if you qualify inder 245(i) and, if not, to discuss the process of obtaining a visa at a consulate abroad. We would be happy to assist you with this. Please contact our office at the number above and we can assist you.

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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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Associate Attorney, Aaron Hall: Arizona Anti-Immigrant Law Casts Shadow on Cinco de Mayo Celebrations

Happy Cinco de Mayo! Well, maybe not the happiest for those in Arizona. On May 5, 1862, the Mexican army triumphed in a battle over the French and spawned an annual commemoration which has evolved into a passionate celebration of Mexican culture and heritage. As people of all origins across America observe this day by going to parades, fesitivals , or just by enjoying some Mexican cuisine and a margarita, all is not well for Mexican-Americans.

Frustration and exasperation over the failure of the federal government to address this country's broken immigration system has led to the passage of Arizona Senate Bill 1070, a law which will make being present in Arizona without immigration status a state crime and require Arizona police officers to ask for proof of legal status based on "reasonable suspicion." Unfortunately, the new Arizona law is ill-conceived and will inevitably result in the unfair and illegitimate detention of United States citizens, permanent residents, and those here in legitimate non-immigrant status. The new Arizona law will also create an inherently offensive system of law enforcement through racial profiling.

United States citizens, lawful immigrants, and those here in other lawful status will be detained if they cannot produce a document showing their status on the spot. The problem is that many people may not be able to produce such documents for various reasons. Some people may not have ready access to birth certificates due to having lost it, due to having had it stolen or destroyed, due to family separation mental illness, homelessness or a myriad of other reasons. These people, having committed no other offense, could be detained for hours or days while they seek a way to prove legal status. Also, certain persons in lawful status simply will not be able to show proof of such based on the complications inherent in immigration law. For example:

• People with with pending applications for extension or change of status will have an I-94 card that is expired, but while the application remains pending, they are in a period of stay authorized by the attorney general;



• Students are admitted for duration of status and their I-94 cards do not have an expiration date;



• Applicants who have applications for adjustment of status that are pending are in a period of stay authorized by the attorney general but will not have a document to prove it;



• Individuals who have conditional permanent residence based on a marriage and have filed a petition to remove the conditions but have not yet received the actual card;



• Individuals who are in removal proceedings or have cases on appeal.

Furthermore, the legal determination as to whether an individual is in lawful status is one that often requires thorough investigation or litigation, during which the person presumably could be detained under Arizona law. An officer on the street does not have the time, training or resources to make such a determination on the spot. Yet, under the new law, the police department can be sued by any private citizen if that citizen does not believe the police are enforcing the new law and he or she thinks they should.

Apart from those who are lawfully here who would inevitably be harmed by this law, the very notion that any of us can be required to produce papers at any time to prove our right to be in Arizona based on some nebulous concept of "reasonable suspicion"is an affront to individual liberties. Though the law says that race, alone, cannot form the basis for reasonable suspicion, we have yet to hear other specific factors that would combine with race to form a "reasonable suspicion." It seems that race and accent will clearly be the dominant factors in forming this determination. Unfortunately, this is likely to cause fear of and animosity towards law enforcement by immigrant communities, including U.S. citizens and documented and undocumented immigrants. Such distrust and fear will only hamper state police in investigating serious crimes which truly deserve the attention of their talent and resources.

Federal action must be taken to secure our border and fix the current irretrievably broken system. This Cinco de Mayo will feature an annual celebration of the wonders and contributions of Mexican culture in America against the backdrop of Arizona Senate Bill 1070--a law which demands a wasteful use of resources, inevitable mistaken detention of U.S. citizens and others in lawful status who have committed no other offense, costly litigation against the state, and a repugnant institutionalization of racial profiling. In Arizona, Mexican Americans will suffer the brunt of this clumsily drawn attempt to address our broken system. All of us, however, should recognize this legislation as a call to demand federal action in the form of comprehensive immigration reform. Only after such a reform can we have secure borders, sensible and enforceable immigration policies, and a future of fifth days of May where we can celebrate the cultural richness and economic benefits of legal immigration without the shadow of hastily drawn patchwork laws like Arizona Senate Bill 1070.

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JEFF JOSEPH ELECTED TO THE AILA BOARD OF GOVERNORS

In June 2009, Jeff D. Joseph, Esq. was elected to the American Immigration Lawyers Association (AILA) National Board of Governors for a three-year term. AILA is the National Bar Association for Immigration Attorneys and consists of 11,000 members. The Board of Governors is the governing body of the organization and Jeff Joseph is one of 21 elected directors.

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JEFF JOSEPH AND KIRBY GAMBLIN JOSEPH SPEAK AT AILA NATIONAL CONFERENCE

Jeff Joseph gave a speech at the 2009 Annual AILA Conference in Las Vegas entitled "Thinking Outside the Bureaucratic Box: Using the Federal Court to Challenge Unlawful AgencyAction." This speech was also published in the AILA Conference Handbook.Kirby Gamblin Joseph also spoke at the 2009 Annual AILA Conference in Las Vegas on Law Practice Management. Her speech was entitled "Its your Business: Managing Success in a Changing World.

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JOSEPH LAW FIRM HOSTS SEMINAR FOR HUMAN RESOURCE PROFESSIONALS

Joseph Law Firm, P.C. will host a seminar on Strategic Immigration Planning for Human Resource Professionals on July 17th, 2009 at the Glenmoor Country Club.

This seminar will benefit Human Resource Professionals, Global Talent Managers and Lawyers.

The Seminar will cover topics such as:

Updates for Federal and State Immigration & Employer Compliance
Immigrant Visa Categories and their Limitations
Strategic HR/Immigration Planning to Recruit & Retain Global Talent

For More Information please contact mail@immigrationissues.com

CLICK HERE TO DOWNLOAD A BROCHURE

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DEPARTMENT OF STATE: LIMITED AVAILABILITY FOR VISAS TO THOSE BORN IN INDIA OR CHINA

Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). EB1 and EB2 Visas for China and India remain in high demand, while EB3 visas for China and India will be unavailable for the rest of the year.

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THE CAP HAS NOT BEEN REACHED! USCIS CONTINUES TO ACCEPT H-1B PETITIONS

There are still a number of H1-B Visas available, but you will need to file now!
Contact Joseph Law Firm, P.C. at 303-297-9171 or at www.immigrationissues.com to inquire about the available H1-B visas.

USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master's degree or higher educational exemption cap.

USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

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USCIS REMINDS ALL U.S. EMPLOYERS OF REQUIREMENTS TO USE REVISED FORM I-9, EMPLOYMENT ELIGIBILITY VERIFICATION

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect on April 9th, 2009 for all U.S. employers. The revision date is printed on the lower right-hand corner of the form.

The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process. Employers may no longer use previous versions of the Form I-9. Click Here to View and Download the Revised Form I-9.

The revised list improves the security and effectiveness of the Form I-9 process. The list specifies that expired documents are no longer acceptable forms of identification or employment authorization. Allowing for expired documents makes it more difficult for employers to verify an employee's identity and employment authorization and compromises the Form I-9 process.

USCIS also updated the Handbook for Employers - Instructions for Completing Form I-9 to reflect the requirements of the revised Form I-9. Employers who do not have computer access can order Forms I-9 by calling our toll-free forms line at 1-800-870-3676. USCIS forms and information on immigration laws, regulations, and procedures can also be requested by calling the National Customer Service Center toll-free at 1-800-375-5283.

For more information about this update, visit the USCIS website at: www.USCIS.gov

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OBAMA TO PUSH IMMIGRATION BILL AS ONE PRIORITY

While acknowledging that the recession makes the political battle more difficult, President Obama plans to begin addressing the country's immigration system this year, including looking for a path for illegal immigrants to become legal, a senior administration official said on Wednesday. Mr. Obama will frame the new effort - likely to rouse passions on all sides of the highly divisive issue - as "policy reform that controls immigration and makes it an orderly system," said the official, Cecilia Muñoz, deputy assistant to the president and director of intergovernmental affairs in the White House.

Mr. Obama plans to speak publicly about the issue in May, administration officials said, and over the summer he will convene working groups, including lawmakers from both parties and a range of immigration groups, to begin discussing possible legislation for as early as this fall.

He said then that comprehensive immigration legislation, including a plan to make legal status possible for an estimated 12 million illegal immigrants, would be a priority in his first year in office. Latino voters turned out strongly for Mr. Obama in the election.

To read more about this story visit the New York Times Website at: www.NYTimes.com

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USCIS CONTINUES TO ACCEPT H-1B PETITIONS

There are still a number of H1-B Visas available, but you will need to file now!
Contact Joseph Law Firm, P.C. at 303-297-9171 to inquire about the available H1-B visas.

USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap. USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master's degree or higher educational exemption cap.

USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

Petitions filed on behalf of current H-1B workers, who have been counted previously against the cap, will not count toward the congressionally mandated FY 2010 H-1B cap.
Therefore, USCIS will continue to process petitions filed to:

- Extend the amount of time a current H-1B worker may remain in the United States.

- Change the terms of employment for current H-1B workers.

- Allow current H-1B workers to change employers.

- Allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.

To read more about this update, visit the USCIS website at: www.USCIS.gov

For more information about H-1B Visas, visit the Joseph Law Firm, P.C. website at: www.immigrationissues.com

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MILITARY RECRUITMENT PILOT PROGRAM

The Secretary of Defense authorized the military services to recruit certain legal aliens whose skills are considered to be vital to the national interest. Those holding critical skills - physicians, nurses, and certain experts in language with associated cultural backgrounds - would be eligible. To determine its value in enhancing military readiness, the limited pilot program will recruit up to 1,000 people, and will continue for a period of up to 12 months. Read More

ELIGIBILITY
1. The applicant must be in one of the following categories at time of enlistment
a. asylee, refugee, Temporary Protected Status (TPS), or
b. non-immigrant categories E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V

2. The applicant must have been in valid status in one of those categories for at least two years immediately prior to the enlistment date, but it does not have to be the same category as the one held on the date of enlistment; and

3. An applicant who may be eligible on the basis of a non-immigrant category at time of enlistment (see 1b above) must not have had any single absence from the United States of more than 90 days during the two year period immediately preceding the date of enlistment.

HEALTH CARE PROFESSIONALS
· Applicants must fill medical specialties where the service has a shortfall
· Applicants must meet all qualification criteria required for their medical specialty, and the criteria for foreign-trained DoD medical personnel recruited under other authorities
· Applicants must demonstrate proficiency in English
· Applicants must commit to at least 3 years of active duty, or six years in the Selected Reserve

ENLISTED INDIVIDUALS WITH SPECIAL LANGUAGE SKILLS AND CULTURAL BACKGROUNDS
· Applicants must possess specific language and culture capabilities in a language critical to DoD
· Applicants must demonstrate a language proficiency
· Applicants must meet all existing enlistment eligibility criteria
· Applicants must enlist for at least 4 years of active duty

Languages
· Albanian · Amharic · Arabic · Azerbaijani · Bengali · Burmese · Cambodian-Khmer · Chinese · Czech · Hausa · Hindi · Hungarian · Igbo · Indonesian · Korean · Kurdish · Lao · Malay · Malayalam · Moro · Nepalese
· Persian [Dari & Farsi] · Polish · Punjabi · Pushtu (aka Pashto) · Russian · Sindhi · Sinhalese · Somali · Swahili · Tamil · Turkish · Turkmen · Urdu · Yoruba

If you have questions regarding these changes or other immigration issues, please contact Joseph Law Firm, P.C.

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VIOLATIONS OF FEDERAL IMMIGRATION LAW

ALABASTER CONSTRUCTION COMPANY OWNER CHARGED WITH EMPLOYING ILLEGAL ALIENS

BIRMINGHAM, AL - A 38-year-old woman was indicted here yesterday on charges for harboring and employing undocumented persons following a U.S. Immigration and Customs Enforcement (ICE) and Alabaster Police Department Investigation. Beverly Linan, who owned and operated Rodriguez Construction Company with offices in Alabaster, Alabama, was charged in a three-count indictment.

Rodriguez Construction performed masonry work throughout the Jefferson and Shelby County areas. Count one charged Linan with harboring undocumented persons and counts two and three charged her with knowingly employing undocumented persons and a forfeiture to recover profits made from employing undocumented persons respectively. If convicted on all counts, Linan faces a maximum term of imprisonment of 10 years and a fine of $250,000. More on Employer Compliance

SUPERSEDING INDICTMENTS CHARGE 7 IFCO MANAGERS WITH VIOLATING FEDERAL IMMIGRATION LAW

ALBANY, NY - A federal grand jury today returned superseding indictments on seven IFCO Systems of North America managers stemming from a U.S. Immigration and Customs Enforcement (ICE) investigation of undocumented immigration and employment-related practices at IFCO's pallet management services plants nationwide. So far in the investigation 16 IFCO managers and employees are facing criminal charges. Of those, nine have already pleaded guilty to a variety of federal criminal immigration charges and the remaining seven have been indicted.

On April 19, 2006, ICE agents, in concert with other federal and state authorities, conducted a work site enforcement action at over 40 IFCO pallet plants in 26 states, which resulted in the detention of 1,182 undocumented persons working at those plants. Last month, the United States reached a record corporate settlement with IFCO, pursuant to which the company agreed to pay $20.7 million dollars in civil forfeitures and penalties over four years. The settlement amount included $2.6 million dollars in back pay and penalties relating to IFCO's overtime violations with respect to 1,700 of its pallet workers. IFCO also agreed to pay $18.1 million in civil forefeitures that will be available to support future law enforcement actitivities. More on Employer Compliance.

FOR MORE INFORMATION VISIT www.ice.gov

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Secretary Napolitano Issues Immigration and Border Security Action Directive

U.S. Department of Homeland Security(DHS) Secretary Janet Napolitano announced today a wide-ranging action directive on immigration and border security.

The Directive requires specific department offices and components to work together and with state and local partners to review and assess the plans and policies to address: criminal and fugitive undocumented persons; legal immigration benefit backlogs; southbound gun smuggling; cooperation with the National Guard; widows and widowers of U.S. citizens; immigration detention centers; and electronic employee verification.

CLICK FOR THE FULL ACTION DIRECTIVE

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Seminar on Working Visa Options for International Artists, Entertainers, Models and Athletes

Joseph Law Firm, P.C. is pleased to announce a half-day seminar on non immigrant visa options for international artists, entertainers, models and athletes. The United States has always prized itself on being a country that celebrates international culture and sports. We draw talent from all over the world to our sporting arenas, theaters and concert venues. For this reason, it is important to understand the challenges involved in the cross-border movement of international artists, entertainers, models and athletes. Download a Brochure!

The seminar will explore the various visa options available to international artists, entertainers, models and athletes and the requirements and challenges with each visa option. The seminar will discuss the evidence tests in each visa option and the ways that immigration attorneys, sports and entertainment attorneys and talent agents can work together to facilitate the travel and work authorization of international talent.

We invite all to join us for this event, please see below for information on how to RSVP.

For more information about Joseph Law Firm, P.C., visit our website!

To register for the seminar visit http://www.immigrationissues.com or call (303) 297-9171

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Voting: Do it because you can

This is a day where I am so proud to be an immigration attorney. Today I received a message from Tony Suda. Tony has been a client of Joseph Law Firm, P.C. for several years. Today, he cast his first ballot as a Citizen of the United States of America. He e-mailed me to express his gratitude for our services and to describe the emotion that he felt as he cast his ballot in this historic election. This is a picture of Tony, casting his vote.

On this day, we will elect our first African-American President or our first female Vice President. This is truly an amazing and inspirational step-forward for our democracy. However, on this historic day, as Barack Obama and Sarah Palin enter the ballot booths, it is important to remember that African-Americans did not even enjoy the right to vote until 140 years ago when Congress passed the 15th Amendment. It is even more shocking that women did not have the right to vote until 1920 when the 19th Amendment was passed. Voting is the ultimate symbol of political power and denial of the right to vote the ultimate tool of political disenfranchisement.

I am struck by the fundamental importance of the vote and the power of the vote as a tool for political, societal and moral change. People have marched, struggled and died to exercise the right. The ability to vote is the single most important of our Constitutional rights. It is our vote that enables us to elect our leaders, to determine which ballot initiatives reflect our values, who will speak for us in government, and who will express our will in the laws that are passed for our communities and our country.

At the same time it is important to know that many of the people I represent have never enjoyed this most fundamental of rights. In fact, many of them have come to this country fleeing oppressive governmental regimes that would imprison, torture or kill them for even considering expressing political opinions that are contrary to those of the political party in power. To these individuals, their ultimate dream in seeking refuge in the United States is that one day, they too would be able to freely cast their vote, voice an opinion--even a contrary one--and live to tell about it.

Immigrants do not have the right to vote. This is a right reserved exclusively to citizens. For many immigrants, it is a decades-long and torturous road to citizenship and the right to vote, but it is one that they are more than willing to take. To the extent that they have no right to vote, immigrants (both documented and undocumented) are the most politically disenfranchised group of people living in our country.

It is a travesty that those most effected by our nonsensical and broken immigration system are completely powerless to change it. It is up to us as Citizens today to cast our votes for leaders who will be courageous enough to fix our broken system, and it is up to our elected leaders, whoever they may be, to put politics aside and fix it.

Fixing our broken system means allowing the millions of undocumented people who are living here, paying taxes and contributing to our economy to come out of the shadows. It means sorting between those who are here to do us harm and those who are merely trying to provide a decent living for their families. It means allowing those who are willing to learn English, pay taxes and avoid committing crimes to regularize their status and to put them on a pathway to citizenship. It means ending the decades-long backlogs in family and employment based immigration and eliminating the systemic incentives to cross the border illegally because it is impossible to do it legally. It means creating a sensible guestworker program that matches willing workers with needing employers so as to improve our economy and create jobs.

Cast your vote today. Cast it because you can. Cast it for the sake of the millions around the world and in our own country who do not have the freedom or power to voice an opinion.

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Rational Thinking on Immigration and Crime . . .

Last week, a tragedy occurred within a couple of miles of my office in Aurora, Colorado. A 23-year-old man barrelled his car into a pick up truck that was parked outside the store. The truck careened through the glass walls of a Baskin Robbins ice cream store killing both passengers in the truck and three-year-old Martin Kudlis who was inside enjoying his last ice cream.




Police arrested 23-year-0ld Francis Hernandez after the incident. Hernandez now faces very serious charges of vehicular homicide, hit and run, and vehicular assault among others. Hernandez has a lengthy rap sheet and has had run-ins with the law before. He now will be prosecuted to the full extent of the law and face the consequences of his actions. Those consequences will include not only legal penalties, but the heavy weight on his conscience of the lives that he has taken.




This tragedy is completely incomprehensible. There is no explanation for why things like this happen in our world, and when things are incomprehensible, we want answers. We search for reasons--we look for blame. It is natural. Immediately after the tragedy, the public wanted somewhere to project their sorrows and somewhere to place the blame, and as often occurs, the public turned its blame to the system. There were immediate accusations that Hernandez must be undocumented. There were questions raised regarding his citizenship. There were complaints filed against the Aurora police department and Immigration and Customs Enforcement alleging that Hernandez was an "illegal" immigrant and that he had somehow bucked the system and escaped deportation. They claimed that this would never have happened had Hernandez been deported.


In anger and pain, the public called for radical, draconian and flat-out unconstitutional changes to the laws. The public demanded that bail be denied to non-citizens who get caught in the criminal system. The public called for prosecutors to refuse to give plea agreements to non-citizens. While the public is rightfully angry for this tragedy, laws made out of emotions make for bad law. Furthermore, such knee-jerk reactions to tragedy only serve to divert the attention away from the victims of this tragedy and further divide us when we should come together.


While Hernandez should be prosecuted to the full extent of the law for this offense, it is important to clarify that he did not commit this offense because of his country of origin. He did not commit this offense because of his status in this country. He did not commit this offense because he is a citizen or because he is not a citizen. Those facts have nothing to do with the commission of this offense. While the public should be angry at Hernandez for this tragedy and for the lives lost, it should end there.


The anger that the public displays is greatly fueled by persistent myths in the media regarding immigration and criminality. The media constantly bombards the public with the myth that immigrants are somehow more violent that citizens and that they are more prone to crime than native-born citizens. The facts simply demonstrate otherwise.


Statistics from the Immigration Policy Center bear out the following actual facts about immigrants and crime:


Immigrants are 5 times less likely to be in prison than the native born.


A 2007 study by UC-Irvine sociologist Ruben G. Rumbaut found that the 3.5% incarceration rate for native-born men age 18-39 was five times higher than the 0.7% rate for immigrant men in 2000.


Undocumented immigration is NOT associated with higher crime rates.



The Bureau of Justice Statistics found that although the undocumented immigrant population doubled from 1994 to 2005, the violent crime rate in the United States declined by 34.2% and the property crime rate fell by 26.4% in the same period. Border cities and other cities with large immigrant populations also experienced decreasing crime rates.



Crime is lowest in States with the most immigrants.



According to a 2008 report from the conservative Americas Majority Foundation, crime rates are lowest in states with the highest immigration growth rates. From 1999 to 2006, the total crime rate declined 13.6% in the 19 highest-immigration states, compared to a 7.1% decline in the other 32 states. In 2006, the 10 "high influx" states--those with the most dramatic, recent increases in immigration--had the lowest rates of violent crime and total crime.

New Jersey: An analysis from the New Jersey Department of Corrections and U.S. Census Bureau by New Jersey's Star Ledger in April 2008 found that "US citizens are twice as likely to land in New Jersey's prisons as legal and illegal immigrants." In fact, "non-US citizens make up 10% of the state's overall population, but just 5% of the inmates in prison."

California: Foreign-born adults in California have lower incarceration rates than their native-born counterparts. According to a June 2008 report from the Public Policy Institute of California, "the incarceration rate for foreign-born adults is 297 per 100,000 in the population, compared with 813 per 100,000 for US-born adults. The foreign-born, who make up roughly 35% of California's adult population, constitute 17% of the state prison population, a proportion that has remained fairly constant since 1990."



In the face of this tragedy, now is the time for us to come together. Let us not be divided by scapegoating and rash policy-making based on fear. Do not let myths and stereotypes blind us to the facts.



In this time of tragedy, let us not forget that three-year-old Martin Kudlis was himself the child of Russian immigrants who came to this country because this country was founded on principles of justice, fairness and equality before the law.

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