The DOJ Inspector General, Glenn Fine, issues a report that most immigration practitioners and intending immigrants and citizens are already aware of: the FBI name check system is terrible.
Why? The report notes outdated equipment, limited supervision and training, and inadequate quality control measures, as well as increased demand after 9/11 as the reason.
As 9/11 was nearly 7 years ago these excuses are simply unacceptable at this point.
We’ve incorporated a new forum where questions and answers and stories can be posted. Feel free to visit and make your own post.
See the link on the front page under the website translator.
cheap propecia
propecia online
buy propecia online
lasix
buy lasix
lasix online
purchase lasix
accutane
buy accutane
accutane online
cheap accutane
buy accutane online
diflucan
buy diflucan
diflucan online
viagra
buy viagra
buy viagra online
viagra online
discount viagra
order viagra
cheap viagra
acomplia
buy acomplia
buy acomplia online
acomplia online
tadalafil
buy tadalafil
soma
soma online
buy carisoprodol
order carisoprodol
carisoprodol online
buy soma
order soma
levitra
buy levitra
cheap levitra
levitra online
buy levitra online
order levitra
cipro
cipro online
buy cipro
zithromax
buy zithromax
zithromax online
viagra soft
viagra soft tabs
buy viagra soft tabs
cialis
Buy Cialis
Buy Cialis Online
cialis online
Online Cialis
Order Cialis
Cheap Cialis
Discount Cialis
rimonabant
buy rimonabant
cialis soft
cialis soft tabs
cialis soft tab
buy cialis soft tab
amoxil
buy amoxil
amoxil online
order amoxil
voltaren
buy voltaren
order voltaren
voltaren online
finasteride
buy finasteride
finasteride online
flagyl
flagyl online
buy flagyl
vardenafil
buy vardenafil
vardenafil online
sildenafil citrate
sildenafil
buy sildenafil citrate
buy sildenafil
propecia
buy propecia
order propecia
cheap propecia
propecia online
buy propecia online
lasix
buy lasix
lasix online
purchase lasix
accutane
buy accutane
accutane online
cheap accutane
buy accutane online
diflucan
buy diflucan
diflucan online
viagra
buy viagra
buy viagra online
viagra online
discount viagra
order viagra
cheap viagra
acomplia
buy acomplia
buy acomplia online
acomplia online
tadalafil
buy tadalafil
soma
soma online
buy carisoprodol
order carisoprodol
carisoprodol online
buy soma
order soma
levitra
buy levitra
cheap levitra
levitra online
buy levitra online
order levitra
cipro
cipro online
buy cipro
zithromax
buy zithromax
zithromax online
viagra soft
viagra soft tabs
buy viagra soft tabs
cialis
Buy Cialis
Buy Cialis Online
cialis online
Online Cialis
Order Cialis
Cheap Cialis
Discount Cialis
rimonabant
buy rimonabant
cialis soft
cialis soft tabs
cialis soft tab
buy cialis soft tab
amoxil
buy amoxil
amoxil online
order amoxil
voltaren
buy voltaren
order voltaren
voltaren online
finasteride
buy finasteride
finasteride online
flagyl
flagyl online
buy flagyl
vardenafil
buy vardenafil
vardenafil online
sildenafil citrate
sildenafil
buy sildenafil citrate
buy sildenafil
propecia
buy propecia
order propecia
cheap propecia
propecia online
buy propecia online
lasix
buy lasix
lasix online
purchase lasix
accutane
buy accutane
accutane online
cheap accutane
buy accutane online
diflucan
buy diflucan
diflucan online
viagra
buy viagra
buy viagra online
viagra online
discount viagra
order viagra
cheap viagra
acomplia
buy acomplia
buy acomplia online
acomplia online
tadalafil
buy tadalafil
soma
soma online
buy carisoprodol
order carisoprodol
carisoprodol online
buy soma
order soma
levitra
buy levitra
cheap levitra
levitra online
buy levitra online
order levitra
cipro
cipro online
buy cipro
zithromax
buy zithromax
zithromax online
viagra soft
viagra soft tabs
buy viagra soft tabs
cialis
Buy Cialis
Buy Cialis Online
cialis online
Online Cialis
Order Cialis
Cheap Cialis
Discount Cialis
rimonabant
buy rimonabant
cialis soft
cialis soft tabs
cialis soft tab
buy cialis soft tab
amoxil
levitra
buy levitra
cheap levitra
levitra online
buy levitra online
order levitra
cipro
cipro online
buy cipro
zithromax
buy zithromax
zithromax online
viagra soft
viagra soft tabs
buy viagra soft tabs
cialis
Buy Cialis
Buy Cialis Online
cialis online
Online Cialis
Order Cialis
Cheap Cialis
Discount Cialis
rimonabant
buy rimonabant
cialis soft
cialis soft tabs
cialis soft tab
buy cialis soft tab
amoxil
buy amoxil
amoxil online
order amoxil
voltaren
buy voltaren
order voltaren
voltaren online
finasteride
buy finasteride
finasteride online
flagyl
flagyl online
buy flagyl
vardenafil
buy vardenafil
vardenafil online
sildenafil citrate
sildenafil
buy sildenafil citrate
buy sildenafil
propecia
buy propecia
order propecia
cheap propecia
propecia online
buy propecia online
lasix
buy lasix
lasix online
purchase lasix
accutane
buy accutane
accutane online
cheap accutane
buy accutane online
diflucan
buy diflucan
diflucan online
viagra
buy viagra
buy viagra online
viagra online
discount viagra
order viagra
cheap viagra
acomplia
buy acomplia
buy acomplia online
acomplia online
tadalafil
buy tadalafil
soma
soma online
buy carisoprodol
order carisoprodol
carisoprodol online
buy soma
order soma
levitra
buy levitra
cheap levitra
levitra online
buy levitra online
order levitra
cipro
cipro online
buy cipro
zithromax
buy zithromax
zithromax online
viagra soft
viagra soft tabs
buy viagra soft tabs
cialis
Buy Cialis
Buy Cialis Online
cialis online
Online Cialis
Order Cialis
Cheap Cialis
Discount Cialis
rimonabant
buy rimonabant
cialis soft
cialis soft tabs
cialis soft tab
buy cialis soft tab
amoxil
buy amoxil
amoxil online
order amoxil
voltaren
buy voltaren
order voltaren
voltaren online
finasteride
buy finasteride
finasteride online
flagyl
flagyl online
buy flagyl
vardenafil
buy vardenafil
vardenafil online
sildenafil citrate
sildenafil
buy sildenafil citrate
buy sildenafil
propecia
buy propecia
order propecia
cheap propecia
propecia online
buy propecia online
lasix
buy lasix
lasix online
purchase lasix
accutane
buy accutane
accutane online
cheap accutane
buy accutane online
diflucan
buy diflucan
diflucan online
viagra
buy viagra
buy viagra online
viagra online
discount viagra
order viagra
cheap viagra
acomplia
buy acomplia
buy acomplia online
acomplia online
tadalafil
buy tadalafil
soma
soma online
buy carisoprodol
order carisoprodol
carisoprodol online
buy soma
order soma
levitra
buy levitra
cheap levitra
levitra online
buy levitra online
order levitra
cipro
cipro online
buy cipro
zithromax
buy zithromax
zithromax online
viagra soft
viagra soft tabs
buy viagra soft tabs
cialis
Buy Cialis
Buy Cialis Online
cialis online
Online Cialis
Order Cialis
Cheap Cialis
Discount Cialis
rimonabant
buy rimonabant
cialis soft
cialis soft tabs
cialis soft tab
buy cialis soft tab
amoxil
buy amoxil
amoxil online
order amoxil
voltaren
buy voltaren
order voltaren
voltaren online
finasteride
buy finasteride
finasteride online
flagyl
flagyl online
buy flagyl
vardenafil
buy vardenafil
vardenafil online
sildenafil citrate
sildenafil
buy sildenafil citrate
buy sildenafil
propecia
buy propecia
order propecia
cheap propecia
propecia online
buy propecia online
lasix
buy lasix
lasix online
purchase lasix
accutane
buy accutane
accutane online
cheap accutane
buy accutane online
diflucan
buy diflucan
diflucan online
viagra
buy viagra
buy viagra online
viagra online
discount viagra
order viagra
cheap viagra
acomplia
buy acomplia
buy acomplia online
acomplia online
tadalafil
buy tadalafil
soma
soma online
buy carisoprodol
order carisoprodol
carisoprodol online
buy soma
order soma
Senator Durbin (D - IL) is planning to attach the Dream Act to a defense authorization bill coming up for a vote this week. The Dream Act has broad support so contact your representative to make sure they are going to help the Dream Act along.
July 30, 2007
Washington, D.C. – Rep. Zoe Lofgren (D-San Jose) today introduced a bill to void the recent increases in immigration fees by U.S. Citizenship and Immigration Services (USCIS). The bill would void the new fee structure set to take effect today and reinstate the previous fee structure. The bill also states that USCIS has consistently failed to reduce application backlogs and has suffered from a lack of transparency and effective management.
“Our immigration services need to move into the 21st century,” stated Rep. Zoe Lofgren. “But, USCIS has consistently failed to explain or justify the amounts and distributions of this new fee increase. While I agree that USCIS needs to modernize its existing infrastructure and procedures, they must do so in a transparent and open manner. After repeated requests over several months, USCIS has yet to provide Congress with a detailed plan for its infrastructure modernization efforts. Our immigration system should be both effective and fair; sacrificing one to achieve the other should not be an option.”
See press release here.
Likely due to the threat of a massive lawsuit the government has reversed course and said that despite earlier claims that no visas in the EB3 category were available - even though the July visa bulletin indicated they were - they will now accept EB3 applications up to August 17.
More here.
The USCIS has announced that despite objections they will increase fees 2 to 3 times their current rate for a claimed reduction in processing times of a mere 20 percent.
Previously, an adult filing a marriage based adjustment of status had to pay $935.00 in filing fees. This included the visa petition, application for permanent residence, employment authorization document and advance parole travel permission.
As of July 30th, that same individual will have to pay $2010.00.
See all of the new USCIS filing fees.
(This information is from the internet so it may be of dubious reliability and I will correct it as needed but it’s better than nothing folks!)
Border Security and Immigration Reform Act of 2007Title I
Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.
- Triggers include:
- 18,000 (CBP) Border Patrol hired
- Construction of 200 miles of vehicle barriers and 370 miles of fencing
- 70 ground-based radar and camera towers along the southern border Deployment of 4 Unmanned Aerial Vehicles and supporting systems
- The ending of catch-and-release
- Resources to detain up to 27,500 aliens per day on an annual basis
- The use of secure and effective identification tools to prevent unauthorized work.
- The receiving and processing and adjudicating of applications for Z status.
- Title I also includes authorities and resources to augment border security including:
- physical infrastructure along the border
- additional field and investigative agents
- comprehensive plans and studies of the border region
- revisions to law enforcement techniques and enhanced authorities.
Title II
Title II provides for interior enforcement of immigration laws.
- The stiffening of laws and penalties relate to:
- the detention of criminal aliens
- the definition of aggravated felony
- gang violence
- passport, visa, and immigration fraud, including marriage fraud
- Other provisions include language regarding:
- Increased penalties for illegal entry and reentry
- encouraging aliens to depart voluntarily
- prohibiting aliens from possessing firearms
- alternatives to detention
- state and local law enforcement reimbursement and training
- the streamlining of background checks for immigration status
Title III
Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.
- This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility.
- Also increases penalties significantly over current law for unlawful hiring, employment, and record-keeping violations.
- Verification of employees: As of the date of enactment, employers in national security-related industries, industries involving critical infrastructure, and federal contractors may be required to electronically verify employees, including new hires and/or current employees, with additional employers or industries added after 6 months.
- All employers would be required to electronically verify new hires within 18 months of enactment, or on the date on which the Secretary certifies that the system is operational.
- Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment.
- Structure of the EEVS: After the date of hire but no later than the first day of employment, the employer must transmit to the EEVS via the Internet the data that the employer has taken from the worker’s identity and work eligibility documents.
- Inconclusive determinations: Where the EEVS cannot conclusively determine the status of a worker’s eligibility, a further action notice is issued and the individual must contact the appropriate federal or state agency to initiate resolution of status and the individual continues to work while the agency resolves his or her status.
- Final nonconfirmation: If the employer has received a final non-confirmation regarding an individual, the employer must terminate the employment of the individual, unless the individual files an administrative appeal of a final non-confirmation notice within 15 days.
- Data and Information Sharing: The Commissioner of Social Security must information to the Secretary of DHS regarding data contained within the Social Security database as in relates to employment verification.
- Fraud and tamper resistant social security cards: Not later than 180 days after date of enactment, the Commissioner is required to begin work to administer and issue fraud-resistant, tamper-resistant Social Security cards.
Title IV
Title IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the U.S. employer from abusing the program.
- Structure of new visa programs: This title creates a new future temporary worker program for workers who are coming to the U.S. to perform temporary job that the U.S. employer is unable to fill. It provides for:
- non-seasonal Y temporary worker (Y-1 visa)
- seasonal temporary worker
- Y-2A for agricultural workers, sheepherder, goat herders, and dairy
workers- Y-2B for non-agricultural workers; and
- their spouses and minor children (Y-3 visa).
- Matching Willing Workers with Willing Employers: All Y workers must be matched to a “willing employers” through an electronic database in order to qualify for a Y worker visa.
- Families of Y visa holders: can only accompany Y workers if the worker can:
- show proof of valid medical insurance and
- demonstrate that the wages of the principal Y nonimmigrant(s) are 150%
above poverty level for the household size.- Spouses and children who do not qualify for Y-3 visa may be admitted under other nonimmigrant status.
- Period of admission: A Y-1 worker can be admitted for a two year period that can be renewed twice if that worker spends a period of one year outside the United States between each admission.
- A Y-1 accompanied by dependents is afforded a single two year visa, non-renewable.
- Workers with Y-2A and Y-2B visa qualify for 10 month visas; no extensions may be granted.
- Permanent Bar: Y worker who fails to timely depart is permanently barred from any future immigration benefit.
- Wage: The employer must attest that the Y worker will be paid not less than the greater of the actual wage paid by the employer to all other similarly situated workers or the “prevailing competitive wage.”
- Numerical Limitation: The Y-1 visa program has an initial cap of 400,000 with yearly adjustments based on market fluctuations.
- There are no numerical limitations for Y-2A while the Y-2B visas are initially capped at 100,000 with yearly adjustment based on market fluctuations.
- The market-based fluctuation is adjusted every 6 months during the fiscal year.
- The Y-3 visa for spouses and minor children limit may not exceed 20% of
annual limit for Y-1 visas.- A newly created Standing Commission will make recommendations to Congress regarding the Y visa numerical cap for each fiscal year following the initial year of the program
Title V
Title V restructures and rebalances the current system by which green cards are distributed.
- Rebalancing of Immigrant Visa Allocation: Resets the number of family-based, family backlog, merit-based immigrants, and eventual Z immigration green cards.
- The family categories are less than under current law since several of the extended family categories are reduced, while the merit-based is increased over the current employment-based levels after the processing of the family-based backlog.
- An annual total of 440,000 visas are allotted to process the backlog of family-based categories.
- It is estimated that the family backlog cases can all be processed in 8 years.
- An annual total of 10,000 visas are set aside for exceptional Y workers.
- Merit Based Points System: The current employment based green card system will be replaced by a merit based points system.
- Reducing Chain Migration and Permitting Petitions by Nationals:
Elimination and reconfiguring of the following family-based preference categories:
- First: Unmarried Sons and Daughters of Citizens
- Second: Unmarried Sons and Daughters of Permanent Residents other than
spouses and minor children of permanent residents- Third: Married Sons and Daughters of Citizens
- Fourth: Brothers and Sisters of Adult Citizens
- Sets cap of 40,000 per fiscal year on category for parents of U.S. citizens.
- Sets cap of 87,000 per fiscal year on the second preference category for spouses and children of permanent residents.
- Elimination of Backlog: If the family-based visa petition in the eliminated category is filed before May 1, 2005, the petition can be processed under the prior law.
Title VI
This title provides a new visa for most individuals currently living within the U.S. illegally.
- Creates a new four-year, renewable “Z” nonimmigrant visa to address the undocumented population within the U.S. The visa is split up into three groups:
- a principal or employed alien (Z-1),
- the spouse or elderly parent of that alien (Z-2),
- and the minor children of that alien (Z-3).
- Cut off Date: In order to be eligible for this visa, one must have been illegally present within the U.S. before January 1, 2007.
- Fees and Penalties: To apply, an alien seeking Z-1 status must be currently employed and pay fees and penalties totaling $5,000 (less for derivative Z’s) to be eligible for a green card under the merit-based system.
Probationary, the Permanent Z Status: Once an applicant submits a completed application, fingerprints, and is cleared by one-day background checks he will receive probationary benefits which can eventually be converted to a Z nonimmigrant status after all background checks are clear and the triggers set forth in Title I are achieved.
- LPR Status: A Z-1 nonimmigrant may adjust status to lawful permanent residence after the family backlog under Title V is eliminated if the Z applicant:
- Satisfies the merit requirements in the points schedule set forth in Title V.
- files the application for adjustment in the Z-1’s country of origin and
- pays a penalty of $4,000.
- DREAM ACT: Individuals under the age of 30 that were brought to the United States out of their own control as a minor are eligible to receive their green card after 3 years rather than 8.
Title VII
Title VII includes a number of miscellaneous provisions involving assimilation, including increased funding for the office of citizenship and integration ($100M)
A small group of senators, working with the White House, have come up with a 300+ page immigration “reform” bill that they say will tighten border security and will allow millions of undocumented immigrants to remain in the United States.
However, the bill may contain some unworkable and inhumane provisions and may not survive a full Senate vote intact. Senate Majority Leader Harry Reid views the bill as a starting point.
Some provision so of the bill include:
A new “Z” visa granting work authorization for undocumented immigrants present in the US before January 1, 2007. This visa is supposed to include a path to residency but requires a return trip to their home country within 8 years with a right to return and includes a $5000.00 penalty.
A new “Y” visa is also created under this bill which allows 400000 temporary workers to enter the US a year.
It has also been reported that the bill would reshape the immigration laws into a point based system and would further restrict family based immigration.
Despite evidence of damage to the GOP from the anti-immigrant stance many of its members took in the run-up to the 2006 election the presidential candidates are taking the irrational hardline nativist stance against immigration policy.
As mayor of NYC Giuliani is reported to have been supportive of both documented and undocumented immigrants, however his views now that he is competing on a national stage rather than the very diverse NYC stage, have taken a turn to the right.
With a nod to the xenophobic nativists in the GOP with his references to respecting “culture” and an attempt to conflate the Southern US border with the vague “war” America is engaged in Giuliani has mapped out the typical GOP position.
It’s a position that will doom his party in the long run but unfortunately may doom immigration reform if it cannot be passed before next year when the Presidential race will really heat up.
More here.
Microsoft corporation and other technology companies are trying to convince congress to raise or remove the H1B visa cap. They’ll likely have more luck getting congress to add some additional visas to the cap than they will have getting congress to eliminate the cap - at least in the short term.
The damage being done to US companies by the increasingly restrictive policies with regards to all immigrants but particularly technology companies is severe. Unfortunately, congress does not generally have a lot of foresight and only after other nations surpass the US in technology innovation and production will anything be done and at that point it may be too late.
The USCIS announced that 150000 H1B visa petitions were received on April 2nd. They will reject H1B visa petitions received after April 3rd (except for the cap exempt petitions) and the petitions received on April 2nd and April 3rd will be subject to a lottery drawing to determine which petitions will receive a visa number.
Cap exempt applicants may still apply all others will have to apply on April 1, 2008 for an October 1, 2008 start date.
If you are adversly effected by this situation it would be a good idea to have your employer or prospective employer contact their representative in Congress to ask that this situation be remedied. Congress will be working on immigration reform this summer and H1B visa cap relief will be a part of what they are working on.
The White House, after multiple closed door sessions with GOP lawmakers, have come up with an immigration scheme doomed to failure from the start. After all the GOP brainstorming they decided to require that undocumented immigrants leave the US and apply for work visas that are good for three years at a cost (filing fees only) of $3500.00. To become a permanent resident the newly documented immigrants would have to pay a $10000.00 penalty on top of the regular filing fees.
Even without the xenophobes in the GOP fighting it, this plan is a non-starter as very few could even afford it.
See more here.
It looks like the GOP is trying to undo some of the damage that was done to the party when it allowed the xenophobes and nativists to take over for them last year costing them the Hispanic vote and perhaps damaging the party for years.
GOP lawmakers are working behind closed doors to come up with some sort of immigration legislation. The President is still pushing for the same. Unfortunately they are not working with Democrats so it’s likely that the GOP legislation will be more punitive than effective as they will have to play to their base.
On the Democratic side of the aisle, Senator Kennedy is moving to use the immigration legislation passed in committee as a starting point for negotiations with the GOP.
More here.
The bipartisan Dream Act will be reintroduced in the House and the Senate soon. The Dream Act provides that individuals who were brought to the US as undocumented children, have been in school, and have stayed out of trouble can apply for permanent residency.
Because of slow processing times business travelers have been changing or canceling plans to enter the US. Euromonitor International, a European market-research firm, found that business travelers to the US declined 10% between 2004 & 2005 while business travelers to Europe rose 8% in the same period. In October 2006, the Association of Corporate Travel Executives issued a warning to business travelers that the US may seize and search their business laptops and storage media when they enter the US or even when they leave the US. This included the right to download the information for review. Private and proprietary information could be seized by the US government without any reason to suspect the business traveler was involved in any crime or terrorism.
More here (may require registration)
There is a need for security but these (unfortunately typical) overreactions simply hurt US interests in the long term. Especially as US economic power is on the decline.
In tonight’s State of the Union address President Bush again pushed for comprehensive immigration reform. With a Democratic Congress in Washington and with the spanking that the GOP received from Hispanic voters the time is ripe for some form of immigration reform. It is likely that the reform will only help some immigrants here while not helping others. It is also likely that immigration reform will be expensive for anyone that it will help. The last immigration bill that allowed undocumented immigrants to file for permanent residency came with a penalty fee of $1000.00. It is almost certain that the penalty fees will be greater this time around. However, even with all that money flowing into the USCIS coffers it is unlikely that they will be able to efficiently process all of the new immigrants. Backlogs may increase. Wait times could be significant. Procedures may be muddled and ever changing.
Not that that’s anything new for the USCIS (and previously the INS).
Comprehensive immigration reform will be introduced in the Senate as Senate Bill #9. The Senate passed comprehensive immigration reform in the last Congress but it stalled in the House. The composition of the House is different now. Many of the anti-immigrant nationalist Congressmen are now gone. In their place are more reasonable Democrats. Though it may be by a slim margin, immigration reform should pass this year.
When bill are introduced and/or passed I will provide analysis of their most significant parts here.
|
|
|||||||||||||||||
 |
|
 |
|||||||||||||||
Copyright © 2006 FindLaw, a Thomson Business |
Today the Supreme Court of the United States decided that a state felony conviction for drug possession is not an aggravated felony unless it would be a felony under federal law. In this case the offense of possession would have only been a misdemeanor under federal law and was not akin to “trafficking” which is an aggravated felony under the Immigration and Nationality Act.
Though a conviction may still be a controlled substance violation, this decision means that remedies to removal such as “Cancellation of Removal” and “Voluntary Departure” are again on the table.
The decision can be found here.
The USCIS may not be the best organized government agency on the planet. There was a bit of a scandal about the intentional destruction of files that were backlogged if I recall correctly. Now it’s been discovered that they lost over 100000 files of naturalization applicants.
I wonder how many non-natz cases they’ve lost. Considering that it’s happened to more than one client of mine, I’m guessing it’s lots. The agency which has gone through numerous name changes since 9/11 really needs a top to bottom overhaul and some modernization to deal with the millions of cases that they handle a year.
According to a new study by the Rand corporation, undocumented immigrants use relatively little health care resources, in part because they are generally healthier than their American counterparts. See more here.
Utilizing the recently signed Military Commisions Act, the Bush administration is making the claim that immigrants can be taken from US soil and deprived of all rights. Ali Saleh Kahlah Al-Marri, was arrested in 2001 while studying in the US. He has been labeled an “enemy combatant” and is being detained. The label can’t be challenged in court and neither can his detention, according to a reading of the MCA. His lawyers are arguing that the lack of judicial review is unconstitional. This is another good reason to become a US Citizen as soon as you possibly can.
I said it in forums other than here; the GOP stance on immigration was going to hurt or doom their party for many years. I expected it to take a generation or so to catch up with them but it appears that it has already started. In the 2006, midterm elections the Latino vote went heavily for Democrats while being just about evenly split in the 2004 elections. As the fastest growing group in the United States the Latino vote must be considered when policy issues are on the table. Legislation such as HR4437 that makes everyone who assists any undocumented person or person who overstayed their visa a felon (which would include family, clergy, lawyers) is so xenophobic (as were many of the GOP campaigns this year) and clearly devastating to mixed-status families that there will most certainly be a backlash. When I went to the immigration marches the main focus was on advocating for a sensible immigration bill and stopping such HR4437. With the takeover of the House by Democrats I predict that HR4437 is now dead. It looks America, with the help of the Latino vote, is moving towards a sensible immigration strategy. I doubt it will be perfect but it will certainly be better than what was proposed in the House.
ESCONDIDO, California (Reuters) - U.S. rights groups filed a federal lawsuit on Friday seeking to overturn an ordinance in the southern California city of Escondido that prevents landlords from renting homes to illegal immigrants.
The Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union’s San Diego chapter led five other organizations in the suit against the city, located 50 miles north of the border with Mexico.
The suit was filed in U.S. District Court in San Diego to challenge a measure, passed 3-2 last month by councilors in this prosperous commuter city, that would prevent landlords to prove the legal immigration status of tenants.
More about this immigration matter here.
The cost of citizenship may go up
Immigrant advocacy groups are decrying an array of proposed federal measures, including application fee increases and online filing requirements, that they fear will sharply reduce the ability of some legal immigrants to become U.S. citizens.
More here.
The midterm elections are extraordinarily important this time around. For a variety of reasons, not the least of which being immigration reform, it is very important that the Democrats win the House this year. The Republican controlled House of Representatives has approached immigration with an eye on enforcement only. The more balanced and thoughtful Senate has proposed a more comprehensive immigration initiative. Should the Democrats end up with a majority of seats in the House it is very likely that they will agree with their colleagues in the Senate that a more comprehensive immigration plan is better for the country. This would probably mean that many undocumented individuals and families would be able to start on the path to permanent residency and then citizenship. The basic hurdles are likely to be time spent in the US, good moral character issues, and security issues. It’s important that undocumented individuals be prepared to show how long they have been in the United States using whatever means they have necessary. It would be smart to start the process of collecting documentation showing residence and family ties now in anticipation of the Democrats taking the House this fall as there is no telling what sort of application deadlines the Congress will set to take advantage of whatever relief they offer.
Beginning October 30, 2006, local USCIS offices will forward any new filings for Form I-539, Application to Extend/Change Nonimmigrant Status, for F-1 and M-1 student reinstatement, to the California Service Center or the Vermont Service Center, depending on where the student is engaged in academic or vocational study. More here
Federal Reserve Chairman Bob Bernanke believes that immigration will assist in offsetting the imminent economic problems facing the United States due to the aging workforce. The current rate of immigration is insufficient to completely offset the problem and at least a three-fold increase in immigration is necessary if immigration alone were to be the solution to the problem.
More here.
Starting in January, all visitors to the US arriving by air will need a passport to enter. Vistors from countries previously exempt from the requirment, such as Canada, must comply as well.
In January 2008, this requirement will be extend to all land and sea travel as well.
Don’t forget your passport!
More here.
Summary: The United States is far less divided on immigration than the current debate would suggest. An overwhelming majority of Americans want a combination of tougher enforcement and earned citizenship for the 12 million illegal immigrants in the country. Washington’s challenge is to translate this consensus into sound legislation that will start to repair the nation’s broken immigration system.
Tamar Jacoby is a Senior Fellow at the Manhattan Institute and the editor of Reinventing the Melting Pot: The New Immigrants and What It Means to Be American.
More here.
The US Government pledged to reduce the backlogs on cases in the USCIS pipeline. Long waits and inconsistent processing times are par for the course when dealing with immigration cases.
This is true for N-400 naturalization applications along with all of the other applications filed with the USCIS. They claim the backlog is being reduced but to do so they are engaging in some Enron-esque calculations.
More here
Though Congress has seen fit to take away jurisdiction (for just about everything) from the courts, they still have the power to compel federal agencies to act.
A petition for a writ of mandamus, is the vehicle through which a person who desperately needs the USCIS or other federal agency to act, and who has no other avenue of making them act, asks the federal district court to compel the action of the government agency.
For example, if a US citizen and their spouse attended the adjustment of status interview but no decision was made on the case at that time. And despite repeated attempts to have the matter wrapped up through inquiries to the USCIS nothing happens.
Personally I’ve heard of cases where the USCIS (who would have been the INS at the time) didn’t make a decision for years and only after they were forced to.
A petition for mandamus is the way to force them to make a decision and is a safe and powerful mechanism where there are no underlying grounds to deny a petition.
However, the only thing a mandamus petition does is compel the USCIS to make a decision and the courts have no power to decide what decision should be made and no power to review the decision after it has been made to determine if a fair decision was rendered.
And that’s the weakness of the petition. The USCIS can make any decision it wants for any reason and the court loses power over the case at that point. Perhaps the USCIS decision can be appealed but in many instances it cannot. So if there are grounds to believe that the petition may fairly be denied this approach may be risky.
Furthermore, the fact that the court loses power over the case when a decision has been made means the decision making process has a great potential to be abused. In most instances, from my experience, it will not be abused and the officials will follow the rules. But I have seen instances where the rules were not followed (or at least standard procedures were not followed) because that would have led to a decision that (in my opinion) the USCIS did not desire.
When thinking about using this powerful tool it is very important to take an honest look at your case and weigh the costs vs. the risks before proceeding.
Unless you have a criminal conviction or an arrest the process is usually relatively straightforward. Your sit in the waiting area will likely be longer than the interview itself.
Generally, at least in my experience, the interview has two parts. A review of the paperwork and the testing segment. The tests are clearly important and studying is key but the paperwork is also important. Not only does it need to be correct but you really should understand what is being asked on the questions towards the end of the application. For example, if you don’t understand what the oath of allegiance is and are asked about it, you may be sent away to come back another day.
So I recommend studying the last pages of the application as well as the test before the interview.
If there is one thing I stress to my clients who have recently become lawful permanent residents it’s the importance of becoming a US Citizen if he or she intends to stay in the United States.
The reason I make sure my clients are thinking about this issue even though they have just become permanent residents is that as a resident you have far less rights than a US Citizen. In fact, other than basic due process rights under the US Constitution your life in the United States is dictated by the political winds blowing through Washington D.C. at