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  • Articles RSS Feed

    Published on 02-22-2013 02:02 PM

    Build Better Practice - Group Leadership

    by Ed Poll

    As large law firms have developed into "corporate" organizations to better serve corporate clients, the practice-group structure has become an accepted organizational model.

    Such groups can also be called departments, teams or some other designation, but the concept behind them is ...

    Published on 02-22-2013 01:49 PM

    GOP May Get its Fond Wish of Killing the Voting Rights Act

    by Earl Ofari Hutchinson

    One of the GOP’s fondest wishes has been to kill the landmark 1965 Voting Rights Act. Twice it floated several trial balloons in Congress. The first one was in 1981 when the Act came up for renewal. The deal in the initial passage of the Act was that it be renewed every 25 years. A few hardline ultraconservatives in the administration of then President Reagan administration made ...

    Published on 02-22-2013 10:37 AM

    Green Cards and US Citizenship for Unauthorized Immigrants - Some Clarifications

    by Roger Algase

    Bloggings: Green Cards and US Citizenship for Unauthorized Immigrants - Some Clarifications. By Roger Algase

    In her February 21 ID article, What Undocumented People Will Have To Do To Get Citizenship Through Comprehensive Immigration Reform, Immigration Attorney Tahmina Watson points out that there are important similarities between the requirements for green card status and US citizenship, respectively, under the president's latest immigration reform proposal and those already in existence under current law.

    Read More Read More

    Published on 02-22-2013 10:30 AM

    Bloggings on Immigration Law and Policy

    by Greg Siskind

    Labor and Business Reach Compromise on Guest Workers

    Not a lot of details and presumably much still needs to be worked out, but this is BIG news. In short, there is agreement that there needs to be a guest worker program, that market data will govern how the program grows, ...

    Published on 02-21-2013 04:11 PM

    What Undocumented People Will Have To Do To Get Citizenship Through Comprehensive Immigration Reform

    by Tahmina Watson

    The newspaper USA Today, reported yesterday that they reviewed a draft immigration bill from the White House. They report that the President intends to create a “Lawful Prospective Resident” visa. The bill includes spouse and children (even living abroad) to benefit if legal status is obtained. The Bill will only be introduced if a suitable bill is not presented to Congress in a reasonable amount of time.

    USA Today reports the following on this issue:

    “According to the White House draft, people would need to pass a criminal background check, submit biometric information and pay fees to qualify for the new visa. If approved, they would be allowed to legally reside in the U.S. for four years, work and leave the country for short periods of time. After the four years, they could then reapply for an extension.

    Illegal immigrants would be disqualified from the program if they were convicted of a crime that led to a prison term of at least one year, three or more different crimes that resulted in a total of 90 days in jail, or if they committed any offense abroad that “if committed in the United States would render the alien inadmissible or removable from the United States.”

    People currently in federal custody or facing deportation proceedings also could be allowed to apply for the Lawful Prospective Immigrant visa. Application forms and instructions would be provided in “the most common languages spoken by persons in the United States,” but the application and all supporting evidence submitted to the federal government would have to be in English.

    They would also be given a new identification card to show as proof of their legal status ...

    Published on 02-21-2013 03:44 PM

    NEW REFUGEE DETERMINATION SYSTEM IN CANADA

    by Edward C. Corrigan

    NEW REFUGEE DETERMINATION SYSTEM IN CANADA

    By Edward C. Corrigan

    On December 15, 2012, the system for determining refugee claims made in Canada underwent significant changes as a result of the coming into force of the Balanced Refugee Reform Act and the Protecting Canada’s Immigration System Act, the latter of which amends both the Immigration and Refugee Protection Act and the Balanced Refugee Reform Act.

    The Immigration and Refugee Board of Canada (IRB) has as a result significantly altered its operations and procedures to meet these legislated changes, starting with a new Refugee Protection Division (RPD) and Refugee Appeal Division (RAD). The IRB will continue, as stated in the Government’s Press Release, “to resolve immigration ...

    Published on 02-21-2013 12:37 PM

    Bloggings on Deportation and Removal

    by Matthew Kolken

    "Vast Majority" of Immigration Detainers Do NOT Involve Criminal Aliens

    Syracuse University's TRAC immigration has sifted through 50 months worth of data spanning back to Fiscal Year 2008 finding that during this period ICE issued almost one million immigration detainers to local, state, and federal law enforcement agencies.  Statistics show that 72.7% of all individuals that were the subject of an immigration detainer were citizens of Mexico. 

    When an immigration detainer (immigration hold) is issued law enforcement agents are required to turn over a suspect to the Department of Homeland Security for the purpose of instituting removal proceedings upon conclusion of the criminal investigation (i.e., traffic stop) or the ultimate disposition of the criminal matter if a crime is charged. ...

    Published on 02-21-2013 12:36 PM

    Bloggings On Political Asylum

    by Jason Dzubow

    Seeking Asylum from Friendly Countries

    A couple of recent articles got me thinking about how the U.S. handles asylum seekers coming from countries that we view as friends–Western-style democracies that generally respect human rights.

    The first is an article from the Jewish Daily Forward (featuring a quote from my esteemed law partner, Todd Pilcher) about asylum seekers from Israel. The article found that 18 Israeli nationals sought asylum in Fiscal Year 2011. The article found that the asylees were a “strange and quirky mix:”

    One, an Arab citizen of Israel, is a gay man who convinced authorities he would face violence from his own family and tribe if forced to return to Israel. Lack of adequate action by Israeli police played a role in the approval of the request, his attorney said. Another is an Israeli woman who suffered domestic abuse. She also received asylum after making the case that Israeli authorities were not protecting her. Yet a third is the son of a founder of Hamas who, after spying on the terrorist-designated group for Israeli authorities, felt unsafe under Israeli protection and fled to the United States in fear for his life [I wrote about this case here].

    Published on 02-20-2013 01:51 PM

    Arizona's Four Republican Horsemen Against Immigration Reform

    by Roger Algase

    Bloggings: Arizona's Four Republican Horsemen Against Immigration Reform. By Roger Algase

    A February 19 Politico news story, Senate immigration draft rejected by Arizona Republicans, reports that all four Arizona Republican House members have sent a letter to House Speaker John Boehner opposing any discussion of immigration reform until "after first securing our borders". This is the same line that the Republicans have taken toward immigration reform for most of the past decade or more prior ...

    Published on 02-20-2013 12:58 PM

    Guest Post - The Extraordinary Immigration Tango: One Step Forward, Two Steps Back

    by Karin Wolman

    Guest Post - The Extraordinary Immigration Tango: One Step Forward, Two Steps Back

    Dancing Cat[Blogger's Note:  Prolific and always astute Karin Wolman, lawyer extraordinaire in immigration matters involving artists, entertainers and others of superlative talent, once again offers a thoughtful and thought-provoking assessment ("with welcome edits by Stacey A. Simon") of the clash of the creatives with the hard realities of modern-day immigration law and practice.  Grimace and enjoy.]

    The Extraordinary Immigration Tango:

    One Step Forward, Two Steps Back

    By Karin Wolman

    There is a strange dance of duality going on in immigration law and policy, where all sides insist ...

    Published on 02-20-2013 11:27 AM

    Bloggings on Deportation and Removal

    by Matthew Kolken

    2012 Emails outline New Tactics proposed to "Ratchet up" Criminal Deportations for Individuals Charged with Minor Crimes

    The*USA Today reports*that last year immigration officials had ongoing discussion relating the need to "ratchet up" deportations of individuals convicted of minor crimes because the agency was falling way short of their criminal deportation quotas. *Apparently,*criminal deportations had drastically fallen from the year before and senior ICE officials in Washington instructed regional enforcement chiefs*to get the numbers back up.

    Some of the tactics considered*in internal ...

    Published on 02-20-2013 11:25 AM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo

    BIGGEST H-1B USERS

    by*Chris Musillo

    The US allows 65,000 new cap-subject H-1Bs in any fiscal year. *Added to that is another 20,000 H-1Bs for those who have graduated from US Master's degree programs.* There is no limit on cap-exempt H-1B employers.* Cap-exempt employers are nonprofit entities (or their affiliates) who are associated, owned or attached to a university.* Some research facilities are also exempt from the H-1B cap.*

    Computerworld*reports that 134,780 cap-subject H-1Bs were approved in fiscal year 2013 (the filing period for cap-subject FY2013 H-1Bs was April 1, 2012 – June 12, 2012).* This is the greatest number of filings since FY2007. *Computerworld notes that all of the top H-1B users are all technology companies.* There are not any healthcare companies ...


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