Friday, October 7, 2011
Napolitano Predicting Record Deportations
Thursday, October 6, 2011
Far Reaching Human Consequences of Failure to Change Immigration Laws
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
Tuesday, October 4, 2011
Decline in Unauthorized Aliens Residing in US
Thursday, September 29, 2011
2013 Diversity Lottery Opens October 4, 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.
Thursday, September 15, 2011
California Dreaming
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
Friday, August 26, 2011
First Reported Cases Benefiting from 8/18/11 Obama Administration Announcement
Friday, August 19, 2011
Obama's Amnesty? Not so Fast
Friday, July 22, 2011
Prosecutorial Discretion Memo, What Does It Mean?
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.
Friday, July 8, 2011
ACLU Wins $200,000 Settlement from Maricopa County Sheriff for Illegal Detention of Citizen and LPR
Wednesday, June 22, 2011
ABC News Journalist Outs Self as Undocumented in Support of Dream Act
Friday, May 27, 2011
Georgian Farmers Blame Labor Shortage on State's New Immigration Law
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.
Monday, May 23, 2011
Denver Immigration Court Overloaded
Thursday, May 19, 2011
United States Citizenship & Immigration Service Extends Temporary Protected Status to Haiti
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
Tuesday, May 10, 2011
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.
Wednesday, April 20, 2011
Colorado Springs-Based Immigration Scam Shut Down
White House Posts Blog Regarding Immigration Reform
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
Tuesday, April 19, 2011
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;
Thursday, April 14, 2011
Gay Immigrant Rights Activists Allege Civil and Human Rights Violations at Immigration & Customs Enforcement Detention Centers
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
Monday, April 11, 2011
Major Portions of Harsh Arizona Immigration Bill Remain Blocked
Thursday, March 24, 2011
2010 Census Results Could Affect 2012 Presidential Elections
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.