Tuesday, May 18, 2010

A Generation Gap Over Immigration - NYTimes.com

A Generation Gap Over Immigration - NYTimes.com

RAD~ Here are some excerpts from a really interesting article in the NYT....I often find it fascinating to try to understand what influences me to think the way I do about things and why others see things differently.

Demographically, younger and older Americans grew up in vastly different worlds. Those born after the civil rights era lived in a country of high rates of legal and illegal immigration. In their neighborhoods and schools, the presence of immigrants was as hard to miss as a Starbucks today.

In contrast, baby boomers and older Americans — even those who fought for integration — came of age in one of the most homogenous moments in the country’s history.

Immigration, which census figures show declined sharply from the Depression through the 1960s, reached a historic low point the year after Woodstock. From 1860 through 1920, 13 percent to 15 percent of the country was foreign born — a rate similar to today’s, when immigrants make up about 12.5 percent of the country.

But in 1970, only 4.7 percent of the country was foreign born, and most of those immigrants were older Europeans, often unnoticed by the boomer generation born from 1946 to 1964.

Boomers and their parents also spent their formative years away from the cities, where newer immigrants tended to gather — unlike today’s young people who have become more involved with immigrants, through college, or by moving to urban areas.
-----------------------------------
Nicole Vespia, 18, of Selden, N.Y., said older people who were worried about immigrants stealing jobs were giving up on an American ideal: capitalist meritocracy.

“If someone works better than I do, they deserve to get the job,” Ms. Vespia said. “I work in a stockroom, and my best workers are people who don’t really speak English. It’s cool to get to know them.”

Her parents’ generation, she added, just needs to adapt.

“My stepdad says, ‘Why do I have to press 1 for English?’ I think that’s ridiculous,” Ms. Vespia said, referring to the common instruction on customer-service lines. “It’s not that big of a deal. Quit crying about it. Press the button.”

Monday, May 17, 2010

Paterson Move May Help Immigrants Facing Deportation - NYTimes.com

Paterson Move May Help Immigrants Facing Deportation - NYTimes.com


ALBANY — Gov. David A. Paterson announced on Monday that the state would accelerate consideration and granting of pardons to legal immigrants for old or minor criminal convictions, in an effort to prevent them from being deported.


RAD~ Read the article before you decide whether this makes sense. There shouldn't be a need for this policy - but because of intransigence at the federal government level there is.

Wednesday, May 12, 2010

New "Green Card" is here and it is high tech and green

USCIS To Issue Redesigned Green Card
Fact Sheet

Introduction

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card¿commonly known as the "Green Card" to incorporate several major new security features. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. Beginning today, USCIS will issue all Green Cards in the new, more secure format.

Card Features

RAD~ Wow, such fancy technology...now the police in AZ can find a reasonable suspicion just by scanning someone for an RFID chip signal...you don't even have to know you are being searched. Identity thieves should have fun with these as well. At least now they are actually GREEN

Tuesday, May 11, 2010

Senator Robert Menedez (D.NJ) Asks MLB to Move the All Star Game out of AZ

http://menendez.senate.gov/imo/media/doc/20100510ltr_BaseballAZ.pdf


Given the large numbers of Latino players in baseball (including the minor leagues) it is not surprising that MLB is being called on to use its influence to convince AZ to repeal the new racial profiling law. MLB has a lot of money at stake, however, as half of the Spring training facilities and much of the minor league play involve the state of Arizona.

Thursday, May 6, 2010

ICE Online Detainee Locator System (Coming Soon)

From ILW.com...
ICE/DRO is announcing their new Online Detainee Locator System will be available in June 2010. (See below)

ODLS is scheduled to deploy in June 2010, and will be accessible by visiting ICE's public Web site (http://www.ice.gov/locator). Persons using ODLS do not need to set up an account or get special permission to use the system. ODLS provides two ways to search for a detainee: (1) Perform a query using an Alien Registration Number (A-Number) and country of birth; or (2) perform a query using a full name and country of birth. After receiving the query entered by the user, ODLS searches for a match among current ICE detainees and detainees who have been booked out of ICE custody (regardless of the reason) within the last 60 days. All records that match the user's query are returned to the user in a list of one or
more search results.
ODLS only performs exact-match searches. This means that the search
query entered by the user (specifically, the name or A-Number) must
exactly match the information in a detention record in order for the
record to be identified as a match and included in the ODLS search
results. For example, a search for ``Robert Smith'' will not return a
detention record for ``Robert Smyth'' or ``Bob Smith.'' When conducting
an A-Number search, ODLS users will see a maximum of one record in the
results because A-Numbers are assigned to individuals uniquely. When
conducting a name-based search, however, ODLS users may see multiple
records in the results if several detainees share the same name and
country of birth. Users may use the year of birth provided in the
results to distinguish among detainees with the same name.
ODLS only contains information about individuals who are currently
in ICE custody or were previously detained by ICE within the past 60
days.

Wednesday, May 5, 2010

Happy Cinco de Mayo!?!?

Want to learn a little about the history of Cinco de Mayo? Above is a link to a very informative article by a very grouchy Gustavo Arellano in the OC Weekly.

I however am still going to enjoy my Gringo Corona and Nachos!

Thursday, April 22, 2010

Democrats Revive Immigration Push - WSJ.com

Democrats Revive Immigration Push - WSJ.com

excerpts from the WSJ click the link to see the full article


Democratic leaders in Congress have agreed to try to pass immigration legislation this year, placing the explosive issue ahead of an energy bill on their agenda and upending conventional wisdom that it was dead for now....


Passing a bill would require Republican support in the Senate. So far, Sen. Graham is the only Republican working on the issue. He has said he wouldn't introduce it without at least one other Republican on board. None has come forth.

Last month, Mr. Obama promised Sens. Graham and Schumer that he would try to recruit another GOP sponsor. This week, he called at least five Senate Republicans seeking their support.

Sen. Scott Brown (R., Mass.), who spoke Tuesday with the president, said he promised to read the bill but made no commitments about supporting it.

"I told him I have an open mind," Mr. Brown said in an interview. "I will read anything."

Mr. Obama also pitched Republican Sens. George LeMieux of Florida, Judd Gregg of New Hampshire, Lisa Murkowski of Alaska and Richard Lugar of Indiana....


RAD~ If you were interested enough to read this blog then you should be interested enough to call Judd Gregg and ask him to help reform our immigration laws before he leaves office at the end of this year.

DC Address: The Honorable Judd Gregg
United States Senate
201 Russell Senate Office Building
Washington, D.C. 20510-2903
DC Phone: 202-224-3324
DC Fax: 202-224-4952
Email Address: http://gregg.senate.gov/contact/
WWW Homepage: http://gregg.senate.gov/
Twitter: No Known Twitter Account

Friday, April 16, 2010

Tell USCIS what you think - new immigration survey open until April 29

Have a suggestion on what US Citizenship & Immigration Services could improve? I know I did. It takes five minutes...it's even easier than the Census.

Click on the title or this link:

http://www.surveymonkey.com/s/6N2T3BQ

Wednesday, April 14, 2010

Tough immigration bill OK'd by Arizona House

Tough immigration bill OK'd by Arizona House

Nice waste of taxpayer resources - on a law that will be preempted by the United States Immigration and Nationality Act. The United States is in charge of deciding who gets to enter and remain in the United States (not each individual state). That way you help to set uniform national policy and avoid a patchwork of more or less discriminatory and arbitrary laws. Otherwise you can end up with a situation where it would be legal to be present in Illinois and Iowa but not in Texas and Arizona. Reading the bill it looks as much like a revenue enhancement bill as anything else.

From what I have read the "legal" programs that allow local police to enforce federal immigration law [287(g) programs] are failing badly enough. It is not wise to then try to create state by state immigration laws and make things even more confused - nevermind the fact that the laws are an unconstitutional infringement on the power of Congress to regulate immigration.

The law is also internally inconsistent...the part that interests me most "Trespassing" (see my earlier posts on this)... applies to violaters of 8USC1304(e) that is the section that requires Lawful Permanent Residents to carry there resident card with them at all times. So you are going to arrest people who are here legally for trespassing because they don't have their ID on them? Well maybe not because the proposed AZ law also exempts people who maintain authorization from the federal government to remain in the United States.

So what is the purpose of a law that allows for the arrest of people who the law doesn't apply to? Harassment? Profiling?
Well yes, but its more clever than that. If approached by an AZ police officer for "appearing to be an illegal alien trespasser" (what would probable cause look like in such a case I wonder?) I suppose a person could claim to be a legal resident who left there resident card at home. I suppose this law would allow them to arrest the person first and ask questions later. Clever? - yes. Legal? -only if you work for the US Department of Homeland Security. At least in my view.

Monday, April 12, 2010

Immigration: Could it solve Social Security, Medicare woes? / The Christian Science Monitor - CSMonitor.com

Immigration: Could it solve Social Security, Medicare woes? / The Christian Science Monitor - CSMonitor.com

I'm glad somebody figured this out! - Immigration is the best way out of the demographic conundrum of the babyboom retirement. Of course Robert Reich could have just read my posting: Two reasons why pragmatism must trump passion on immigration reform (from last October)
 http://wiggiblawg.blogspot.com/2009/10/editorial-comment-on-immigration-reform.html#links

...but late is better than never. Kudos also to the CSM (after I just finished sending them a "sternly worded" email for seeming to have only negative coverage of immigration) I happily stand corrected.

Tuesday, April 6, 2010

NHBA Immigration Law Seminar

I will be presenting at this seminar for members of the NH Bar Association along with attorney Movafaghi and many other capable immigration law practitioners including Immigration Judge Paul Gagnon and Mark Furtado of the Department of Homeland Security (ICE division).

Here is the information presented by the NHBA:

Immigration Law, including the legal status, rights, and obligations of non-citizens, is a current political “hot potato,” and affects more areas of U.S. society than most people realize. This program for attorneys with a variety of practice concentrations features a faculty panel of experienced New Hampshire practitioners, and Federal government officials.



Topics will include:
• Employment based permanent residence
• Employment based non-immigrant visas
• Family based permanent residence
• Violence Against Women Act
• Immigration consequences of criminal convictions
• Access of the undocumented to the U.S. justice system
• Consular processing and visa waivers
• Work site enforcement of Immigration Laws, including obligations of employers and employer sanctions
• Introduction to Department of Homeland Security, and specifically
Immigration and Customs Enforcement (ICE) Agency

6.0 Total NH MCLE, 1.0 of which may be applied toward NH Ethics
NHBA Seminar Room, Course No. OT147L

2 Pillsbury Street, Concord, NH 03301
Thu, 9:00A 4:30P May 13, 2010

Hope to see you there...

Thursday, April 1, 2010

New Americans in the Granite State | Immigration Policy Center

New Americans in the Granite State Immigration Policy Center


From the Immigration Policy Center (IPC)

Washington D.C. -The Immigration Policy Center has compiled research which shows that immigrants, Latinos, and Asians are an important part of New Hampshire and Vermont's economies, labor force, and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers, and entrepreneurs. With the nation working towards economic recovery, Latinos, Asians and immigrants will continue to play a key role in shaping the economic and political future of the Granite and Green Mountain States.

Highlights from New Hampshire include:

Immigrants made up 5.1% of Granite Staters (or 67,735 people) in 2007.

The purchasing power of Latinos totaled $902.4 million and Asian buying power totaled nearly $963.2 million in New Hampshire in 2009.


If all unauthorized immigrants were removed from New Hampshire, the state could lose $893.2 million in economic activity and $396.7 million in gross state product.

click the title to see more from IPC

Court Requires Warning About Deportation Risk - NYTimes.com

Court Requires Warning About Deportation Risk - NYTimes.com

RAD ~ Padilla v. Kentucky sets an important precedent (especially in states like NH that don't have a mandatory non-citizen warning statute or court rule like the other New England States)
By ADAM LIPTAK
Published: March 31, 2010


“It is our responsibility under the Constitution to ensure that no criminal defendant — whether a citizen or not — is left to the mercies of incompetent counsel,” Justice Stevens wrote.

The vote was 7 to 2, though two justices in the majority would have required only that criminal defense lawyers not say anything false and tell their clients to consult an immigration lawyer if they had questions.


The question in the case, Padilla v. Kentucky, No. 08-651, was whether bad legal advice about a collateral consequence of a guilty plea could amount to ineffective assistance of counsel under the Sixth Amendment.

Justice Stevens said the answer was yes. Where the relevant immigration law is “succinct and straightforward,” he said, the defense lawyer must explain the consequences of a guilty plea. Otherwise, the lawyer “need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences.”

“The importance of accurate legal advice for noncitizens accused of crimes has never been more important,” he wrote. “Deportation is an integral part — indeed, sometimes the most important part — of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes.”

Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor joined Justice Stevens’s opinion.

Click on the title to see the whole article at NYT.com

Wednesday, March 24, 2010

USCIS: Change of Filing Location for Form I-131, Application for Travel Document

USCIS: Change of Filing Location for Form I-131, Application for Travel Document

RAD~ Are you confused yet? All this changing of filing locations...is this leading to something?



Change of Filing Location for Form I-131, Application for Travel Document

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Travel Document (Form I-131). The change of filing location is part of an overall effort to transition the intake of some USCIS forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By Centralizing form and fee intake to a Lockbox environment, the agency can provide customers with more efficient and effective initial processing of applications and fees.

Beginning March 19, 2010 applicants will file their applications at the USCIS Vermont Service Center or at one of the USCIS Lockbox facilities. Detailed guidance can be found in updated Form I-131 instructions page at www.uscis.gov.

The USCIS Service Centers will forward incorrectly filed Form I-131 applications to the USCIS Lockbox facilities for 30 days, until Monday, April 19, 2010. After April 19, 2010, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.

If you are currently in removal proceedings or have been previously removed from the United States, submit your request to the Department of Homeland Security/Immigration and Customs Enforcement, Office of International Affairs, Attn: Section Chief, Law Enforcement Parole Branch, 800 N. Capitol Street, Washington, DC 20536.

When filing Form I-131 at one of the USCIS Lockbox facilities, you may elect to receive an email and/or text message notifying you that your application has been accepted. You must complete an
E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

For more information on USCIS programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

Tuesday, March 23, 2010

Recent restaurant raids show immigration agency's new strategy - Springfield, IL - The State Journal-Register

Recent restaurant raids show immigration agency's new strategy - Springfield, IL - The State Journal-Register

This article from Springfield, IL discusses the new enforcement strategy for immigration. That is to audit the I-9 files of employers all over the country and to fine the employers and putting the undocumented workers in deportation. This is what restrictionists say they want (although I'm not holding my breath waiting for them to praise the Obama administration). But it also has to be what reformers want because even though it is painful...change is not going to come until more powerful economic interests start to be affected by our antiquated immigration policy.

When popular restaurant chain names start appearing in articles like this with big fines next to their names - that is when you know reform is on the way.

Thursday, March 18, 2010

How to find a Doctor "Civil Surgeon" to perform the Immigration Medical Exam for USCIS

Here is a link to the USCIS Civil Surgeon locator. It works by entering your zip code - if you live close to a state line you might want to try the zip code of a nearby town in your neighboring state. For example their is only one recognized civil surgeon in Southern New Hampshire and sometimes it is hard to get an appointment with her office. There are a few doctors in Northern Massachusetts however and they can also perform the immigration medical exam and physical.

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

Tuesday, March 16, 2010

The Associated Press: Vermont dairy farmer talks about immigration probe

The Associated Press: Vermont dairy farmer talks about immigration probe

This AP story describes what generally happens during an I-9 audit when ICE comes to visit. Sounds like they are being a little kinder & gentler these days. If you are a business owner who gets audited don't count on it going this smoothly.

excerpt from the story...

He would like to be able to hire foreign farmworkers on temporary visas for several years at a time. Because their business is year-round, dairy farms aren't eligible for workers under the H2A temporary visa worker programs used by crop farmers.

With 950 cows that need to be milked three times a day, Gervais said he's struggled to find reliable workers. Many apply only when they can't find work elsewhere. They often have drug or alcohol problems or troubles at home, he said. He pays his staff $10 to $12 an hour, but said milking can be monotonous and not everyone enjoys it or is good working with animals.

"There's not enough people that want to do it. That's the real, true issue," Gervais said. "I mean there's good Americans that can milk, but there's not enough of them that can and want to."

He was irked that dairy farms — having endured a year of the lowest milk prices in memory — were targeted by investigators.

"With the situation the dairy industry is in, we really don't need this right now," he said. "We're got plenty going on just making a living."

But it could have been worse, he said.

Instead of rounding up workers, the inspector came to the milking barn looking for Gervais. She told him she was doing a random audit and asked for the paperwork. Immigration officials later went through the forms with a fine-tooth comb and found errors, which were largely clerical, Gervais said. They asked for the payroll a second time and eventually told him three workers were illegal. Gervais had talked to several lawyers and didn't know what to expect.

Wednesday, March 10, 2010

Why don't they just come here legally like my great-grandparents did?

Why? 1. Because it used to be a lot easier to come here "legally"; 2. Because it once was easier to legalize yourself even if you came here illegally; 3. Because it used to be easy to come back legally even if you had been here illegally in the past.

Here is some history of immigration law from the USCIS itself:

Act of March 3, 1875 (18 Statutes-at-Large 477)

Established the policy of direct federal regulation of immigration by prohibiting for the first time entry to undesirable immigrants. Provisions:


a. Excluded criminals and prostitutes from admission.

b. Prohibited the bringing of any Oriental persons without their free and voluntary consent; declared the contracting to supply “coolie” labor a felony.

c. Entrusted the inspection of immigrants to collectors of the ports.
 
Immigration Act of August 3, 1882 (22 Statutes-at-Large 214)

First general immigration law, established a system of central control of immigration through State Boards under the Secretary of the Treasury. Provisions:

a. Broadened restrictions on immigration by adding to the classes of inadmissible aliens, including persons likely to become a public charge.

b. Introduced a tax of 50 cents on each passenger brought to the United States.
 
Immigration Act of March 3, 1903 (32 Statutes-at-Large 1213)

An extensive codification of existing immigration law. Provisions:

a. Added to the list of inadmissible immigrants.

b. First measure to provide for the exclusion of aliens on the grounds of proscribed opinions by excluding “anarchists, or persons who believe in, or advocate, the overthrow by force or violence the government of the United States, or of all government, or of all forms of law, or the assassination of public officials.”

c. Extended to three years after entry the period during which an alien who was inadmissible at the time of entry could be deported.

d. Provided for the deportation of aliens who became public charges within two years after entry from causes existing prior to their landing.

e. Reaffirmed the contract labor law (see the 1885 act).

Immigration Act of May 26, 1924 (43 Statutes-at-Large 153)


The first permanent limitation on immigration, established the “national origins quota system.” In conjunction with the Immigration Act of 1917, governed American immigration policy until 1952 (see the Immigration and Nationality Act of 1952).

Provisions:

a. Contained two quota provisions:

1. In effect until June 30, 1927—set the annual quota of any quota nationality at two percent of the number of foreign-born persons of such nationality resident in the continental United States in 1890 (total quota - 164,667).

2. From July 1, 1927 (later postponed to July 1, 1929) to December 31, 1952—used the national origins quota system: the annual quota for any country or nationality had the same relation to 150,000 as the number of inhabitants in the continental United States in 1920 having that national origin had to the total number of inhabitants in the continental United States in 1920.

Preference quota status was established for: unmarried children under 21; parents; spouses of U.S. citizens aged 21 and over; and for quota immigrants aged 21 and over who are skilled in agriculture, together with their wives and dependent children under age 16.

b. Nonquota status was accorded to: wives and unmarried children under 18 of U.S. citizens; natives of Western Hemisphere countries, with their families; nonimmigrants; and certain others. Subsequent amendments eliminated certain elements of this law’s inherent discrimination against women but comprehensive elimination was not achieved until 1952 (see the Immigration and Nationality Act of 1952) 
 
c. Established the “consular control system” of immigration by mandating that no alien may be permitted entrance to the United States without an unexpired immigration visa issued by an American consular officer abroad. Thus, the State Department and the Immigration and Naturalization Service shared control of immigration.


d. Introduced the provision that, as a rule, no alien ineligible to become a citizen shall be admitted to the United States as an immigrant. This was aimed primarily at Japanese aliens.

e. Imposed fines on transportation companies who landed aliens in violation of U.S. Immigration laws.

f. Defined the term “immigrant” and designated all other alien entries into the United States as “nonimmigrant” (temporary visitor). Established classes of admission for nonimmigrant entries.
 
======================================================================
RAD~
So in the old days if you showed up and you weren't a criminal or a prostitute (or sadly, Asian) you got in "legally". The US didn't even use visas until after the 1924 law. Similarly, if you were inadmissible but managed to get in you could stay anyway after the three year statute of limitations ran out.
 
In those days there were no real numerical limits on immigrants - when you decided to come to the US - you came to the US. You simply needed to be able to afford the trip and convince the inspector you would be able to support yourself.
 
Now there are seven million people waiting in line for less than 400K available visas. The waiting times are multiple decades for some categories. This doesn't even take into account the ten to twelve million people here already without legal status. Why does it surprise anyone that this system doesn't work and that some people try to go around the law? If your spouse was living in the United States legally and filed paperwork for you and the children to come live legally in the USA in six years - how would that sound? (click the title above to see the report from the National Visa Center in Portsmouth - courtesy of ILW.com)
 
In the 1990s the law changed so that people who were in the United States for one year out of status would be barred from returning legally for 10 years even if they qualified for a visa. After 2001, no new "adjustment of status" paperwork can be filed for people here in the US who entered illegally even if they have approved visa petitions from US citizen relatives and are willing to pay a $1,000.00 penalty fee.
 
So they can't stay and get legal and they can't leave to try to come back legally either. Where does that leave us as a country? With people who have no chance of getting here legally any time soon either waiting at home for years separated from their loved ones or finding an "extralegal" method of getting here and remaining here out of legal status.
 
In doing research on immigration and geneaology, I have noticed that immigrants in the 1790s - 1920s often would come here alone and spend a year or even two working and making a home before sending for the rest of the family. That was a necessary hardship that many families undertook - I cannot remember ever seeing people waiting 5 or 10 years to bring their families to the USA nevermind the 23 years currently forecast for Philippines 4th preference petitions. 
 
So the fact of the matter is...most of our immigrant ancestors would be turned away if they tried to get in here today. This system is not working and needs to be reformed. I believe immigration has historically contributed to the strength and vitality to this country. There do have to be reasonable controls on immigration - but our current system is anything but reasonable.

Wednesday, March 3, 2010

ICE serves 180 audit notices to businesses in 5 states

ICE serves 180 audit notices to businesses in 5 states


NEW ORLEANS - U.S. Immigration and Customs Enforcement (ICE) is issuing Notices of Inspection (NOIs) to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.

Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative is part of ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.

"ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Raymond R. Parmer, Jr. acting special agent in charge of the ICE Office of Investigations in New Orleans.


Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.

Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.

In 2009, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The initiative being launched today is a direct result of this new strategy.


-- ICE --


RAD~So it's the South East that is getting heavy audits right now...New England could be next I suppose.

Another Reason to Open an Immigration Court in Manchester, NH

If driving hours just to end up in Boston traffic and paying $35.00 for parking weren't reasons enough to hope for a Northern New England immigration court in Manchester -- here's another reason from the Executive Office of Immigration Review (EOIR), which is part of the U.S. Department of Justice. The Boston Immigration court received 8,527 matters in FY 2009 but was only able to complete 7,595 matters. At this rate (about 1,000 per year) they are likely to become hopelessly backlogged in just a very short time.

Northern New England cases account for more than half of that excess (about 650 cases in FY 2009) if cases from Lowell, MA or Lawrence, MA were included on the Manchester docket (as they are just as accessible to Manchester as they are to Boston) that would likely solve the backlog problem.

click the title above to go to the EOIR Statistical Yearbook

The Associated Press: AZ may criminalize presence of illegal immigrants

The Associated Press: AZ may criminalize presence of illegal immigrants

PHOENIX — Over the past several years, immigration hard-liners at the Arizona Legislature persuaded their colleagues to criminalize the presence of illegal border-crossers in the state and ban soft immigration policies in police agencies — only to be thwarted by vetoes from a Democratic governor.

This year, their prospects have improved. A proposal to draw local police deeper into the fight against illegal immigration has momentum, and even opponents expect the new Republican governor to sign off on the changes.

The proposal would make Arizona the only state to criminalize the presence of illegal immigrants through an expansion of its trespassing law. It also would require police to try to determine people's immigration status when there's reasonable suspicion they are in the country illegally.

RAD~ I worked on cases like this in New Hampshire back in 2005. The local police chiefs in Hudson and New Ipswich decided to arrest people who could not prove their lawful immigration status for trespassing. I believe this is a bad policy - it is also unlawful because the admission, registration and control of aliens in the United States is an area of legal responsibility reserved to the federal government. The legal doctrine of preemption, therefore, applies to actions by states and municipalities who attempt to create and enforce their own individual laws on immigration. I am born and raised in NH and don't like to think of my state this way but clearly it is more than a coincidence that the only two states that have tried to criminalize undocumented immigrants as trespassers (New Hampshire and Arizona)were also among the very last states to recognize Martin Luther King Jr. Day.

http://www.courts.state.nh.us/district/criminal_trespass_decision.pdf

Monday, March 1, 2010

President Bachelet: Earthquake Unparalleled in Chilean History | News | English

President Bachelet: Earthquake Unparalleled in Chilean History News English
President Bachelet Surveying Damage

Another tremendous earthquake - this time in Chile! Although Chile has far greater internal resources (economically and politically) to deal with this catastrophe than Haiti did little more than a month ago... they will still need assistance from the international community to recover from what appears to be one of the strongest earthquakes in decades as well as an earthquake induced Tsunami!

see the Voice of America story by clicking on the link.

Or click on this link to see the BBC news photo story on the devastation:

Chile Devastation

Thursday, February 25, 2010

USCIS - Revised Form I-485, Application to Register Permanent Residence or Adjust Status, and Revised Filing Locations

USCIS - Revised Form I-485, Application to Register Permanent Residence or Adjust Status, and Revised Filing Locations


Revised Form I-485, Application to Register Permanent Residence or Adjust Status, and Revised Filing Locations

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 for until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated “12/03/09.”Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.

At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.

When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

For more information on USCIS programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

RAD~See my comments on the I-765 change of filing location.

USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization

USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization

Change of Filing Location for Form I-765, Application for Employment Authorization

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Employment Authorization (Form I-765). The change of filing location is part of an overall effort to transition the intake of some benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing. Detailed guidance can be found in updated Form I-765 instructions as well as at www.uscis.gov.

The Service Centers will forward incorrectly filed applications to the USCIS Phoenix and Dallas Lockbox facilities for the first 30 days, until March 26, 2010. After March 26, 2010, applications incorrectly filed at USCIS Service Centers will be returned to the applicant, with a note to send the application to the correct location.

When filing Form I-765 at one of the USCIS Lockbox facilities, you may elect to receive an email and/or text message notifying you that your application has been accepted. You must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

Form I-765 may be electronically filed (e-filed) with USCIS when submitted under certain categories. View our Web site for a list of who is eligible to e-file Form I-765.

For more information on USCIS programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

RAD~ IS USCIS JUST TRYING TO MAKE LIFE DIFFICULT? No, they would tell you they are streamlining their processes - to improve service.

WELL HOW ABOUT A LITTLE MORE NOTICE THAN THE SAME DAY YOU MAKE THE CHANGE? THOUSANDS OF PEOPLE ARE LIKELY TO HAVE APPLICATIONS DELAYED BECAUSE THEY SEND THEM TO THE WRONG ADDRESS.

French Leader in Rwanda for 1st Time Since 1994 Genocide | News | English

French Leader in Rwanda for 1st Time Since 1994 Genocide News English

From Voice of America Online


Sarkosy in Rwanda
French President Nicolas Sarkozy has acknowledged that France and the rest of the world made mistakes in failing to prevent Rwanda's 1994 genocide, but he stopped short of apologizing.

Mr. Sarkozy told reporters in the Rwandan capital, Kigali, Thursday that France and other nations were "blinded" in their failure to see the genocidal aspect of the government that orchestrated the killings.

The French president spoke after holding talks with Rwandan President Paul Kagame and visiting the genocide museum and memorial, where he paid homage to the victims.

His one-day visit is the first by a French leader since Rwanda's 1994 genocide. The two nations are trying to repair diplomatic ties after a three-year breakdown.


RAD~ In 1994 I was a student at Boston University School of Law. I don't remember hearing much about the genocide in Rwanda at the time - I think the American media was mostly involved with the death of singer/songwriter Kurt Cobain. Now all of these years later I have met a number of survivors of the Genocide and have heard and read about many of the harrowing stories of that time. I am now a member of the Board of Directors of "Rest for the Nations Ministries" which was established to assist in educating children in Rwanda in the hope that the opportunities an education can provide the next generation will help to prevent future ethnic violence.

Tuesday, February 23, 2010

ILW.COM - immigration news: USCIS On New I-102 Filing Location

ILW.COM - immigration news: USCIS On New I-102 Filing Location

On a far less entertaining note than the previous post but perhaps of more immeditate usefulness here is information on the change in filing location for obtaining replacement I-94 cards -

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (Form I-102). The new form is dated 1/13/10. This is part of an overall effort to transition the intake of benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees.


Beginning February 22, 2010, applicants submitting Form I-102 by itself must mail their application to the USCIS Phoenix or Dallas Lockbox facility, based on where they are located. Detailed guidance can be found in the updated Form I-102 instructions, which can be accessed through the Form I-102 link to the right. Applicants submitting their Form I-102 with another form should submit both forms according to the filing instructions for the other form.


NATO and Partnership for Peace under SOFA Military Members seeking an initial Form I-94 should submit their application through their foreign commander or designee, to NATO/Headquarters, Supreme Allied Commander Transformation at NATO/HQ SACT, 7857 Blandy Road, Suite 100, ATTN: Legal Affairs, Norfolk, VA 23551-2490.

The Service Centers will forward mail to the USCIS Phoenix and Dallas Lockbox facilities for 30 days until March 24, 2010. After March 24, 2010, applications incorrectly filed at the Service Centers will be returned to the applicant, with a note to send the application to the correct location.

Applicants filing a Form I-102 at a USCIS Lockbox facility, may elect to receive an email and/or text message notifying them that their application has been accepted. They must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of their application.

For more information on USCIS programs, visit www.uscis.gov or call the USCIS National Customer Service Center at 1-800-375-5283.


thanks ILW.com

Shakira on Comprehensive Immigration Reform (that's right, I said Shakira)

From Foreign Policy online by way of Benders Immigration Daily...

Shakira
Lebanese-Colombian singer and activist Shakira got the red-carpet treatment in Washington today, meeting with President Obama and Vice President Joseph Biden at the White House and then joining World Bank President Robert Zoellick to announce a new $300 million initiative for early childhood development...

And Shakira isn't confining her advocacy to education; she also wants Obama to push forward on immigration reform. White House officials told Shakira that they hope to reach an agreement this year with the Republican Party to legalize undocumented immigrants, her representative said.

Monday, February 22, 2010

Our overloaded immigration courts - latimes.com

Our overloaded immigration courts - latimes.com

A recent report by the American Bar Assn. calls for making the court system independent of the Justice Department to reduce "public skepticism" and increase respect, and paints a harrowing picture in which final decisions are rushed, haphazard and inconsistent. At times the outcome of removal proceedings depends less on the facts of an immigrant's case than on which judge hears the case, the report says. It calls for hiring 100 additional immigration judges as soon as possible, adding new training and requiring more written, reasoned decisions from judges.


RAD~At least I am not alone in noticing this. We'll take one in Manchester please!

Thursday, February 18, 2010

Koch Foods Pays Immigration Fine - Cincinnati breaking news, weather radar, traffic from 9News | Channel 9 WCPO.com

Koch Foods Pays Immigration Fine - Cincinnati breaking news, weather radar, traffic from 9News Channel 9 WCPO.com

Koch foods the poultry processing company in Cincinnati was fined over half a million dollars resulting from an immigration raid conducted in 2007 by Immigration and Customs Enforcement (ICE) agents.

RAD ~ As I have said before, the quickest way to get comprehensive immigration reform is to create pain for the many industries that utilize immigrant workers. They are the ones who have the political clout and the economic resources to make changes happen. Immigrant workers are essential in a number of industries (if you work in these industries you know this, but it really should not surprise anyone). So doesn't it make sense for the government to find a way to allow these workers to come in legally instead of playing games.

To paraphrase Jack Nicholson's character Colonel Jessup from A Few Good Men:

You don't want the truth because deep down in places you don't talk about at parties, you want me in that poultry plant, you need me in that poultry plant.

Tuesday, February 9, 2010

Department of Homeland Security Estimate of Unauthorized Immigrants

OK this might not be the easiest thing in the world to read...to see the full report click the link.

Visa Bulletin Department of State

OK one last link for now to promote...

The Department of State issues a Visa Bulletin every month.  This publication explains how visas are allocated for different classes of family-based and employment-based immigrants and what the waiting times are.  These waiting times are based on "priority dates", that is when the case was accepted by the government for processing and placed in the immigration queue.

See the link in the right hand sidebar to go to the DOS Visa Bulletin page...

Immigration Case Status Check

While we are on the subject of useful links... you may want to check the status of your immigration case with USCIS.

If you have your receipt number you can check your case online with USCIS by clicking the link in our useful links section in the right hand sidebar.

USCIS InfoPass appointment maker

Looking to make an appoinment with the immigration service (USCIS)? You can schedule one with the infopass system at USCIS.gov

If you scroll down the right hand sidebar of this page you will find a quick link to the Info Pass System.

Lawyers Back Creating New Immigration Courts - NYTimes.com

Lawyers Back Creating New Immigration Courts - NYTimes.com

By JULIA PRESTON


Published: February 8, 2010

Responding to pleas from immigration judges and lawyers who say the nation’s immigration courts are faltering under a crushing caseload, the American Bar Association called Monday for Congress to scrap the current system and create a new, independent court for immigration cases.



RAD ~ This is probably a good idea...whatever they decide please locate a judge in NH! It makes no sense for the people of ME, NH, VT to fight Boston traffic to go to court (or even worse have to go all the way to Hartford, CT as some Vermonters do)! 

Monday, February 8, 2010

Immigration Impact » Blog Archive » New Study Confirms Positive Impact of Immigration on Wages of Native-Born Workers

Immigration Impact » Blog Archive » New Study Confirms Positive Impact of Immigration on Wages of Native-Born Workers
 From EPI's Press Release -

“Americans are right to worry about the declining quality of jobs over the last few decades, but this report shows that, for native workers at all levels of education, immigration had very little to do with it,” said EPI economist Heidi Shierholz, author of the report. “Other factors, like employers’ aggressive anti-union tactics, the declining purchasing power of the minimum wage, and unbalanced foreign trade are the real culprits behind broad-based declines in wages and job quality.”


Nevertheless, said Shierholz, immigration could have a much more beneficial impact on the U.S. economy – and its impact on foreign-born workers already here could be mitigated – if the immigration system were given a comprehensive overhaul. “This report suggests that we have little to fear, and much to gain, from developing a fairer, more rational immigration system,” she said.
 
To see the executive summary click this link:
http://www.epi.org/publications/entry/bp255/

Thursday, February 4, 2010

Indonesia's Anti-Pornography Law Raises Fears for Minorities, Liberals | News | English


Indonesia's Anti-Pornography Law Raises Fears for Minorities, Liberals | News | English
from Voice of America (VOAnews.com)
The recent arrest of six people in Indonesia over a nightclub show is raising concerns among minority groups and secularists about a new anti-pornography law.

In late 2008, Indonesia's parliament passed a broad law aimed at stamping out what many politicians saw as an epidemic of pornography. Pushed by Islamic conservatives, the law outlawed anything - from books to paintings to some bodily movements - considered capable of raising feelings of lust.

Liberals and non-Muslims opposed the law, saying it is too harsh and too broad. But there was little action - until the arrest last month of four women for dancing in their underwear at a nightclub in Bandung.

The women arrested at the Belair Café and Music Lounge are likely to be the first people tried under the law and could face up to 10 years in prison. Their agent and a club manager could be jailed for 15 years.

Rights activists say the use of the law is the first step of a crusade they fear will spread beyond the fight against smut, and become a campaign against regional traditions and religious minorities. The concern is that everything from traditional dances to Hindu temple carvings could fall afoul of the law.

Ellin Rozana, the director of the Indonesian women's rights group Institut Perempuan, says the anti-pornography law is part of a project by some Islamic parties to push Indonesia toward adopting aspects of sharia, or Islamic law.


RAD ~ I currently have a case pending at the US Court of Appeals for the First Circuit involving whether an ethnic Chinese Christian has reason to seek political asylum from Indonesia on account of religious persecution by Fundamentalist Muslims. The Court has been very resistant to the idea in the past. Stories like this one cause me to worry that Indonesia may be heading in the wrong direction regarding tolerance of religious and ethnic minorities.


Indonesia has the highest Muslim population of any country and most of the Muslims in Indonesia are peaceful, moderate and tolerant of religious and ethnic minorities most of the time. However, there were horrifying riots in May of 1998 in which many Chinese and Christians were murdered, raped and beaten. Many businesses and homes were burned and looted and law and order was not restored for days. The the forced closing and even bombing of churches (though not widespread) has taken place regularly in Indonesia over the past decade and other acts of terrible ethnic and religious violence (such as beheadings) have taken place during that span as well.

The federal courts rely heavily on the advice of the US State Department to determine what risk there is in returning foreign nationals who make a claim for political asylum. To my mind this is problematic (even if understandable)because the Secretary of State is first and foremost a diplomat. No good diplomat is going to want to embarrass the government of the largest Muslim state in the world while we are at war in Iraq and Afghanistan.


Lately the State Department has (in my view at least) taken a slightly more critical view of religious freedom and tolerance in Indonesia. Here is an excerpt from the DOS 2009 Report on International Religious Freedom:

"The Constitution provides for freedom of religion. The Government officially recognized only six religions, and legal restrictions continued on certain types of religious activity.

The Government generally respected religious freedom in practice; however, ongoing government restrictions, particularly among unrecognized religions and sects of the recognized religions considered "deviant" were significant exceptions to respect for religious freedom. Since the previous reporting period the Government convicted and sentenced the leaders of a hardline Muslim organization to 18 months in prison, including time served, for their role in organized violence against a peaceful demonstration in support of religious freedom. The Government also prosecuted terrorists responsible for religiously tinged violence in Sulawesi and the Malukus. In some cases, however, the Government tolerated discrimination against and the abuse of religious groups by private actors and failed to punish perpetrators, although the Government prevented several vigilante actions during Ramadan. Aceh remained the only province authorized to implement Islamic law (Shari'a), although non-Muslims in the province are exempted from Shari'a. Many local governments outside of Aceh maintained laws with elements of Shari'a that abrogated certain rights of women and religious minorities; however, no new laws based on Shari'a were known to have passed during the reporting period. Even though the central Government holds authority over religious matters, it did not try to overturn any local laws that restricted rights guaranteed in the Constitution. Members of minority religious groups continued to experience some official discrimination in the form of administrative difficulties, often in the context of civil registration of marriages and births or the issuance of identity cards.

There were a number of reports of societal abuses or discrimination based on religious affiliation, belief, or practice. Some groups used violence and intimidation to forcibly shut at least nine churches and 12 Ahmadiyya mosques. Some of the churches remained closed and one Ahmadiyya mosque in Riau that was completely destroyed had not been rebuilt. Other mosques were reopened. Many perpetrators of past abuse against religious minorities were not brought to justice.

The U.S. Government discusses religious freedom with government and civil society leaders as part of its overall policy to promote human rights. The Embassy promoted religious freedom and tolerance through exchanges and civil society development."

President Obama Aunt Zeituni Onyango Fights Deportation - ABC News

President Obama's Aunt Zeituni Onyango
President Obama Aunt Zeituni Onyango Fights Deportation - ABC News

Risky case to take if you're her lawyer - how are you going to look if she loses? Kenyan asylum cases are not always easy. I have won a good number of them but not all of them. I don't remember having any Kenyan asylum cases before judge Shapiro. He is a fair-minded judge but he's no pushover. If she doesn't have the case she won't be granted. As a civil service employee he isn't going to be fired for not going along (even the Bush administration wouldn't have tried to pull that - I think?!?) Even if higher-ups in the Justice Department tried to lean on him - Judge Shapiro can retire any time he wants to - there's no leverage. If she's granted asylum it'll be because she makes the case.

Wednesday, February 3, 2010

Slain veteran’s family leaves U.S. as wife’s visa is set to expire | Stars and Stripes

Slain veteran’s family leaves U.S. as wife’s visa is set to expire Stars and Stripes
from Stripes.com -

The Ferschkes
Hotaru Ferschke said it was her husband’s wish that the child be raised as an American, but the State Department refuses to recognize the couple’s July 2008 marriage because it was never consummated.


Michael Ferschke, 22, a team leader with the Okinawa-based 3rd Reconnaissance Battalion, 3rd Marine Division, married his wife by telephone during a deployment to Iraq and was killed a month later while conducting house-to-house searches.

His wife and son moved from Okinawa in February to live with Ferschke’s family in Maryville. But without recognition of a legal marriage, they faced deportation when her one-year visa expired.

The Ferschke family had been holding out hope on two bills introduced in Congress last year.

Rep. John Duncan, R-Tenn., sponsored a House bill to give permanent residency status to Hotaru Ferschke. A similar bill was sponsored in the Senate by Jim Webb, D-Va., Bob Corker and Lamar Alexander, R-Tenn., and Mark Udall, D-Colo.

As of Friday, the bill was still in committee in both the House and Senate.

RAD ~ This is another aspect of our enforcement happy immigration policy in the US of A. If you take a look at how these Senators and Congressmen voted on various immigration reform bills in the past how do you suppose it would jibe with their efforts on behalf of this family? 

Friday, January 29, 2010

USCIS: Change of Filing Location for Form I-601, Application for Waiver of Ground of Inadmissibility

USCIS: Change of Filing Location for Form I-601, Application for Waiver of Ground of Inadmissibility

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced revisions to Form I-601, Application for Waiver of Ground of Inadmissibility.


As of January 4, 2010, infection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.

In addition, USCIS today announced that there are revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility. The change of filing location is part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By centralizing form and fee intake to a Lockbox environment, USCIS can provide customers with more efficient and effective initial processing of applications and fees.

RAD~There's more information if you click on the link, but it largely refers to other information that you will not likely have in front of you.

Wednesday, January 27, 2010

Immigrants More Likely to Have Jobs Than Native Born: Report | NBC Los Angeles

Immigrants More Likely to Have Jobs Than Native Born: Report | NBC Los Angeles


Foreign-born residents are more likely to have jobs than native-born citizens, according to the report from the California Immigrant Policy Center. Also, immigrants put more into the economy than they take out of it, the Daily Breeze reported.




Los Angeles County Supervisor Mike Antonovich's office criticized the report for making no distinction between legal and illegal immigrants in the report.

USCIS: Naturalization Test: Civics (History and Government) Questions with MP3 Audio

USCIS: Naturalization Test: Civics (History and Government) Questions with MP3 Audio

If you are thinking about becoming a US Citizen check this link to see the study guide...

If you are a Native born citizen why don't you check out the test as well and see how you do. After practicing in this field for the past twelve years I have met many citizens who would struggle to pass this relatively simple test (the one they used a few years ago was even easier - still many people just don't seem to know these basic ideas about American government and civics).

Construction Update Bedford USCIS

USCIS Bedford immigration

Here is the latest photograph of the progress on the new USCIS building in Bedford, NH. I like this one especially because the building is shrouded and opaque much like the service itself.

Monday, January 25, 2010

Immigration Reform is essential to bringing back the economy

From "TheStreet.com":

"Maybe we simply can't increase the number of high-growth firms," says Dane Stangler, a senior analyst at the Kauffman Foundation and co-author of the report. "But if there are ways to increase it, it's clearly not by what we've done in the past."
"So what would spur entrepreneurial growth in the U.S.? "We always come back to immigration," says Stangler, who says loosening visa restrictions would increase the number of small businesses and boost the economy."

Click the link to read the article.

Interesting LA Times Article on "Paper Sons" and the Chinese Exclusion Act

The Chinese Exclusion Act was one of America's most bigotted, but least remembered (here on the East Coast at least) moments of poor immigration policy. Bad laws set the stage for bad acts of course (think of prohibition for example) and the Chinese Exclusion Act is no exception to that rule.

When Asian people could find no legal avenue to come to America - they found illegal ways to do so...generations later their decendants (surprisingly to some perhaps) are no different than any other families in the neighborhood and they have not even destroyed America. 

Wednesday, January 20, 2010

Temporary Protected Status Granted for Haitian Nationals

OK, now we're getting somewhere...click on the title to go to the press release from DHS. Haitians already in the United States as of January 12, 2010 (and not one day later) may register for Temporary Protected Status (TPS). People of Haiti seeking refuge are still not treated as well as people from Cuba coming to the United States (but then who is?). Here is a quote from the press release which typifies the limits of our compassion for Haitians who wish to come to the U.S.

"It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated."

Wednesday, January 13, 2010

Haiti Earthquake - trouble continues

Haiti Earthquake
From CS Monitor Online:

Haiti earthquake relief workers say they are hampered by quake's devastation. All three of Medecins sans Frontieres' (MSF) centers in Haiti were crushed. Workers couldn't drive around because Haitians were sleeping on the roads. But the international airport is now open for aid flights.

=================================
If you are reading this from New Hampshire you can contact your Congressperson or Senator at the following links to ask them to urge President Obama and Secretary Napolitano to implement Temporary Protected Status (TPS) for Haitians currently in the US.

Gregg, Judd - (R - NH) Class III
201 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-3324

Web Form:
gregg.senate.gov/contact/

Shaheen, Jeanne - (D - NH) Class II
520 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-2841

Web Form:
shaheen.senate.gov/contact/

==============================================
http://www.shea-porter.house.gov/
Carol Shea Porter (1st CD)

http://hodes.house.gov/
Paul Hodes (2nd CD)

DHS: Statement by Homeland Security Secretary Janet Napolitano

DHS: Statement by HomRelease Date: January 13, 2010

Release Date: January 13, 2010
For Immediate ReleaseOffice of the Press SecretaryContact: 202-282-8010
"The entire Department of Homeland Security (DHS) extends its sympathy for the devastation and loss of life in Haiti following last night's earthquake--a disaster that has called the world to action in response. The U.S. Coast Guard and the Federal Emergency Management Agency (FEMA) are leading DHS actions to support the larger assistance effort. Several Coast Guard cutters and aircraft have mobilized and are on the ground to assist the humanitarian effort as needed. FEMA has been in close contact with the State Department and USAID, the lead U.S. federal response agencies, and stands ready to provide assistance as requested. I am being kept closely apprised of the developing situation, and the Department will continue to support the people of Haiti and others affected by this tragedy. I encourage the American people to donate what funds they can afford to disaster relief organizations such as the American Red Cross to allow these voluntary groups to provide goods and services to disaster survivors as quickly as possible."
On background:
The Coast Guard Cutter Forward arrived off Port Au Prince this morning and was the first U.S. asset on the scene. The cutter is equipped with a helicopter flight deck, satellite communications equipment, and the ability to provide coordination to military aircraft in the area. The Coast Guard cutter Mohawk is scheduled to arrive this afternoon. Two Coast Guard C-130 airplanes are flying the coast of Western Haiti this morning doing damage assessments and searching for people in need of assistance. Two Coast Guard helicopters are also forward deployed in the area to provide rescue or other assistance.



RAD~THIS RESPONSE WHILE IMPORTANT IS JUST NOT GOOD ENOUGH!
The American Immigration Lawyers Association Leadership Blog has this to say about responding to the humanitarian tragedy taking place in Haiti -

"The reality is that failure to move forward with TPS Designation for Haiti now will be considered by many to be racist. Honduras has had TPS for YEARS since the one Hurricane which devastated that country. El Salvador has enjoyed such designation for numerous years as well since the earthquakes in that country. Yet, Haiti, which appears to be at the center of Mother Nature's wrath for the last 18 months, remains forsaken, its nationals abandoned. "

I would point out that the United States never granted TPS to Indonesian Nationals while they have been experiencing earthquakes, volcanic eruptions, tsunamis and other natural disasters as well as other issues that deserved consideration.... Indonesia, however, is a much larger country than Haiti with more resources and a greater population to mount efforts to aid its people and rebuild. Haiti does not have the ability to recover from this on its own, so the notion that the USA will provide humanitarian and logistical assistance is a good one. However, we as a country - apparently are going to be content to deport individuals and families back to this nightmare scenario while pledging how concerned we are for their welfare!

Send an Email to President Obama on this issue: http://www.whitehouse.gov/contact

Temporary Protected Status for Haitian Nationals in the USA

Haiti DestructionHaiti has suffered enormous damage from hurricanes in 2008 and has now been devastated by a large earthquake that may have left hundreds of thousands of people without shelter.  The United States cannot in good conscience return Haitian Nationals to their country in its current state of emergency.

Please call your Congressperson and ask them to request that Secretary of DHS Janet Napolitano designate Haitian Nationals for TPS. You can also visit this page to see the contact information for the Department of Homeland Security:


Do it today it won't take long...but it could save lives

Monday, January 11, 2010

Economic study of the benefits of legalization getting good press

I think it is a good sign that the study I highlighted friday on the "blawg" got good press not only from major newspapers like the LA Times but also from industry publications like Lawn & Landscape Magazine. Here is an exerpt:

"If we are going to create a solid recovery with good wages, we have to fix this hole that we have at the bottom of the labor market," said the author, Raúl Hinojosa-Ojeda, an associate professor with the UCLA Department of Chicana and Chicano Studies. "This is not about bringing in a lot of workers. This is about your neighbors and if we are better off where everybody in the economy has the ability to fight for their families and to contribute more to the economy rather than staying in the shadows."



RAD~Meaning no disrespect to the publishers of the Lawn & Landscape -- but upon seeing the title of their magazine I was immediately reminded of "Horse & Hound" the magazine that Hugh Grant feigned to be reporting for at a press junket for a science fiction movie that Julia Roberts' character was starring in in the movie "Notting Hill". 

Friday, January 8, 2010

Raising the Floor for American Workers

From the Immigration Policy Institute Web Page:

According to a new study by UCLA’s Dr. Raúl Hinojosa-Ojeda, Raising the Floor for American Workers: The Economic Benefits of Comprehensive Immigration Reform, legalizing undocumented workers through comprehensive immigration reform would yield $1.5 trillion to the U.S. GDP over a ten year period, generate billions in additional tax revenue and consumer spending and support hundreds of thousands of jobs. The report, which runs several different economic scenarios, finds that enacting a comprehensive immigration reform plan which creates a legalization process for undocumented workers and sets a flexible visa program dependent on U.S. labor demands not only raises the floor for all American workers, but is an economic necessity.



RAD~Readers need to understand that Nativists' irrational fear of "the other" is not only morally objectionable -- it is costing this country a great deal of money!

Monday, January 4, 2010

USCIS: 18-Month Extension of Temporary Protected Status for Sudan (USCIS Update)

USCIS: 18-Month Extension of Temporary Protected Status for Sudan (USCIS Update)

Nationals of Sudan who are in the USA pursuant to Temporary Protected Status should look into the procedure for re-registering. Here is a link to the USCIS information page (and for information in Arabic -- http://www.uscis.gov/USCIS/News/2009%20Press%20Releases/Dec%202009/tps-sudan-update-arabic-12-30-2009.pdf)

Recession Fuels Spike In Foreign Investor Visas : NPR

Recession Fuels Spike In Foreign Investor Visas : NPR


News of job creation programs has been widely reported lately, but there's one program that many people have never heard about: Under U.S. immigration law, foreigners can invest in an American business and, in exchange, receive a green card.

This has long been a small, obscure program, but as domestic sources of financing have dried up, the number of EB-5 visas issued this way has tripled in the past year.
(click the link to see the rest of the article)

RAD ~ Restrictionist groups often claim to oppose only "illegal immigration"; then when crop pickers are allowed in legally, they only support "skilled immigration"; then when H-1B visas allow technical professionals with advanced degrees to immigrate, they only support "immigration that creates jobs for Americans". Finally, when you get to a program like this you see the Restrictionist's true colors...they just don't like immigrants period. Mark Krikorian of the Center for Immigration Studies should be thanked for making that perfectly clear in his quotes in this article.

Senator Chuck Schumer to lead new effort at immigration reform | Irish News | IrishCentral

Senator Chuck Schumer to lead new effort at immigration reform Irish News IrishCentral
Sen. Schumer

A major effort to swing at least five key Republican senators behind immigration reform will be the key task of Senator Charles Schumer of New York, who is leading the effort in the senate to create new legislation.
Tens of thousands of Irish undocumented are among those anxiously awaiting new efforts this year to bring about reform. The last effort to create a bill, called the Kennedy/McCain immigration bill failed when Republicans refused to support it.
However, the new bill, which Senator Schumer and aides to President Obama are working on, will have strong enforcement measures in it in addition to a plan to legalize those here illegally.
President Obama has given a commitment to take up the issue soon after his health care reform bill passes, as is generally expected.
Schumer is counting on Republican Senator Lindsay Graham of South Carolina, who has indicated that he will support a new bill that has strong enforcement measures and ensures that illegal immigration will be much harder after the bill passes.
"Schumer wants to show that legalizing the undocumented is actually good national security policy, as well as making it clear that it will become much harder for new illegals to work here if the new bill is passed" said a source.
Hispanic groups who have major clout with this White House are concerned that the proposed bill leans too far in the enforcement direction.
Among other senators on the Republican side that Schumer hopes will be reachable are Senators Olympia Snow and Susan Collins in Maine, Senator George Voinovich in Ohio and Senator John McCain of Arizona, who sponsored legislation before.
A House bill has already been introduced by Congressman Luis Gutierrez of Illinois, a close supporter of President Obama.

RAD~An update on CIR, and a reminder that immigration policy is not only about the border with Mexico.

Report: Number of immigration cases at record levels in US courts in 2009 - latimes.com

Report: Number of immigration cases at record levels in US courts in 2009 - latimes.com

MARK SHERMAN Associated Press Writer

WASHINGTON (AP) — Immigration prosecutions rose to record levels in 2009 as the Obama administration kept up aggressive enforcement that began under President George W. Bush.Nearly 27,000 people faced serious federal charges relating to immigration in 2009, according to Chief Justice John Roberts' annual year-end report on the judiciary. More than three-fourths were accused of illegally re-entering the United States after having been sent home before.Immigration cases increased by about a fifth over the previous year and made up a third of all new criminal filings in U.S. district courts in the government spending year that ended Sept. 30. The statistics were compiled by the Administrative Office of the U.S. Courts.Wendy Sefsaf, spokeswoman for the pro-immigrant Immigration Policy Center, said she expects the number of prosecutions to remain high until Congress passes a law that gives the estimated 12 million undocumented immigrants a way to remain in the United States legally."Can we really afford to be spending this kind of time and money locking up people who essentially have come here to work?" Sefsaf said.Roberts's brief report, with no commentary on the numbers, broke with a nearly 40-year tradition of chief justices highlighting the needs of the federal judiciary. Instead, Roberts said the courts "are operating soundly" and tacked on a summary of their caseloads.He also noted that increases in fraud, marijuana trafficking and sex crimes cases helped push the number of criminal cases to the highest level since 1932, the year before the repeal of Prohibition.The number of cases excludes less serious crimes that are handled by federal magistrate judges. In 2008, there were nearly 80,000 immigration cases in all, including those dealt with by magistrate judges, according to the Transactional Records Access Clearinghouse, a private group at Syracuse University.


RAD~Is anyone really surprised that many people return after being deported even if they face likely prosecution? You shouldn't be, often their home, job, spouse and children still remain in the United States? It is fitting that the author mentions prosecutions are now at prohibition levels. When upwards of twelve million people living in the U.S. are in violation of the law and cannot get right with the law except by giving up everything they value - it is a recipe for political and social failure on the scale of prohibition.