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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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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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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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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New Report Indicates Decrease in Unlawful Entries to the United States

According to a study released by the Pew Hispanic Center last week, for the first time in decades there has been a significant decrease in the numbers of people attempting to unlawfully enter the United States each year. Since the year 2000, attempted entries to the United States have decreased by almost 67%, down from about 850,000 in the period from 2000- 2005, to about 300,000 in the years between 2007 & 2009. The decrease in entries have contributed to an 8% overall reduction in the number of unauthorized immigrants currently living in the United States. Possible factors contributing to the decreased numbers could include the U.S. economic recession or increased U.S. immigration enforcement efforts.

Find the report at: http://pewhispanic.org/reports/report.php?ReportID=126

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