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  • Articles RSS Feed

    Published on 06-20-2013 09:20 AM

    ILW.COM's Immigration Law Blogs

    by Roger Algase

    Bloggings: House Throws Two Strikes Against Immigration Reform. Is Strike Three On The Way? And Could Immigration Reform be Facing a Lost Decade? By Roger Algase

     

    I begin today's post with a message of condolence to Mark Krikorian, head of the strongly anti-immigrant Center for Immigration Studies (CIS) and a leading opponent of immigration reform, over the loss of his part time volunteer job teaching ESL to immigrants preparing for the US citizenship test. 

    Krikorian was summarily fired from this position by Catholic Charities, the ESL program's sponsor, only a few hours after a column appeared in the Washington Post highlighting his opposition to multiculturalism and "mass immigration" as well as the alleged white supremacist associations of CIS's founder, John Tanton. See The provocateur standing in the way of immigration reform, June 17.

    According to the WP (Mark Krikorian loses volunteer job for Catholic Charities after Washington Post story, June 18) Krikorian said that he will miss his volunteer job, because he liked getting to know people from different places, and that he hopes someone else will take him on in the same position.

    I am sure that all Immigration Daily readers will wish him great good luck in his search.

    Turning to other immigration news, one can expect that there will be considerable euphoria over the news that the Senate may be close to a deal on Border Security which would be acceptable to Republican hold-outs and clear the way to at least the 60 votes which the Gang of Eight's CIR bill, S.744, needs to pass the upper chamber.

    The reported deal might even deliver a "large, bipartisan majority of votes" for the bill, according to Politico: Border Security deal boosts immigration bill hopes, June 19.

    Details of the purported deal are not yet available as of this writing, but it is questionable how much anyone on either side of the immigration issue really cares how many more billions of dollars are poured into the attempt to make the Mexican border look more like the Berlin Wall.

    The real issue is whether Border Security can be used as a pretext for derailing legalization and the Pathway to Citizenship.

    Read More Read More

    Published on 06-20-2013 08:55 AM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    Corker: Deal on Cornyn Triggers Close

    From Politico:

    “They’re working on something dealing with border security. I’m not telling anyone what to do other than tell them to do it as quickly as you can,” Reid said. “This may not be one of our normal weekends where we shoot out of town.”

    Corker said on Monday that the group of senators working on a compromise on border security that could appeal to both Democrats on ...

    Published on 06-19-2013 03:22 PM

    Outsourcing, "Job Shops" and Immigration Reform

    by Austin T. Fragomen, Jr. and Careen Shannon

    “If it ain’t broke, don’t fix it” is a phrase introduced into the American political lexicon in the 1970s by Bert Lance, the Director of the Office of Management and Budget under President Jimmy Carter. New York Times columnist William Safire later called the phrase a “caution against obsessive reform,” and it is a caution that Congress would be smart to heed as it considers comprehensive immigration reform, particularly if such reform includes the implementation of onerous restrictions on employers’ ability to hire temporary foreign workers holding H 1B or L-1B visas.

    In its current form, the Senate’s immigration reform bill (S. 744) piles onto existing limitations on the placement of both H-1B and L-1B workers at third-party client sites. The bill also places new limits on the total percentage of H-1B and L-1 workers an employer can have in its U.S. workforce, increases the mandated salaries and visa fees for H-1B workers, and creates a new “H-1B-skilled-worker-dependent” definition whose sole purpose seems to be to bring more U.S. employers under the purview of the bill’s new restrictions.

    These proposed changes are presumably aimed at stemming the tide ...

    Published on 06-19-2013 03:16 PM

    Bloggings on I-9 E-Verify Immigration Compliance

    Bruce Buchanan

    OCAHO Shows No Mercy to Modern Disposal; by Bruce Buchanan, Siskind Susser

    After litigating before Office of Chief Administrative Hearing Officer (OCAHO), Modern Disposal, Inc., a New York company, was unable to receive any reduction of the $33,275 penalty.   Modern Disposal employed 168 workers at the time of the NOI in November 2009.

    ICE alleged Modern Disposal failed to timely prepare I-9 forms for 55 current employees. The company conceded they were not completed until after receipt of the NOI.

    ICE set the baseline penalty at $605 per violation, based upon a 34% substantive error rate. ICE aggravated the penalty by 5% based on the size of the company - it "failed to use its personnel and financial resources to comply with the law" and lack of good faith by not timely completing the I-9 forms. However, it mitigated the penalty by 5% based on lack of seriousness and lack of any unauthorized workers. Thus, the aggravating and mitigating factors cancelled each other out.

    The company ...

    by Published on 06-19-2013 03:02 PM     Number of Views: 394 

    Bloggings on Immigration Law

    by Danielle Beach-Oswald

    Bloggings: Department of Homeland Security Detaining Vulnerable Children in Adult Prisons, by Danielle Beach-Oswald

    Jail

    The Department of Homeland Security (“DHS”) apprehends thousands of children each year. These children include asylum applicants, survivors of human trafficking, those who entered the U.S. lawfully at a young age and overstayed their visas, as well as young children who entered the U.S. unlawfully to reunite ...
    Published on 06-19-2013 02:45 PM

    I-9 E-Verify Immigration Compliance

    by Joseph Whalen

    A Few Thoughts on the May 30, 2013, USCIS "Final" EB-5 Policy Memo

    Welcome to my first post in this blog! I have been thinking and as you might already know, that can be a dangerous and scary situation.  Read on if you dare...... 

    Anyway,  recently I have been issuing a series of short articles that address rather limited issues or points of interest. I find that if I put too much into one article that folks get lost and confused.

    When it comes ...

    Published on 06-19-2013 02:32 PM

    Jason Dzubow on Political Asylum

    by Jason Dzubow

    When Clients Lie

    I once represented a Russian woman who paid a notario (or whatever you call the Russian equivalent of a notario) $10,000.00 to concoct a phony story about how the woman was a lesbian who faced persecution in her home country. The application was denied, in part because the notario failed to inform the asylum seeker about the contents of her application, and the woman was referred to Immigration Court.

    Admit your mistakes and you may get asylum... or even a seat in Congress.

    Admit your mistakes and you may get asylum… ...

    Published on 06-19-2013 01:51 PM

    Matthew Kolken on Deportation And Removal

    by Matthew Kolken

    Alleged that Former director of The Athens Latino Center of Education and Services, took DREAMers money, "messed up" DACA applications, and ran.

    “Immigration law is a mystery and a mastery of obfuscation, and the lawyers who can figure it out are worth their weight in gold.” -Former INS spokeswoman Karen Kraushaar, Washington Post on April 24, 2001.

    Remember in life, you get what you pay for.

    ...

    Published on 06-19-2013 01:44 PM

    Bloggings on Dysfunctional Government

    by Angelo Paparelli

    A Swimmingly Good Immigration Solution to Border Security

    dolphins.jpgThe word in Washington is that S. 744, the Gang of Eight's immigration bill, must move to the right if it is to pass the Senate by a 70-vote, bipartisan margin, and thereby pressure the House to approve a (no doubt rightward-leaning) version of comprehensive immigration reform (CIR).  

    Some Members of Congress, however, Senator John Cornyn (R. TX) among them, don't trust the Executive Branch to secure the border. The Texan has therefore proposed a 134-page amendment that, besides imposing numerous forms of Congressional micro-management, would allow most undocumented people to transition from Registered Provisional Immigrant (RPI) status to lawful permanent residency only if and when the border is proven to be essentially impregnable.

    Senate Majority Leader, Harry Reid, calls the Cornyn amendment a "poison pill."  Sen. Charles Schumer (D. NY) and Sen. John McCain (R. AZ) say they'll try to work with Sen. Cornyn for an acceptable compromise that does not hold RPIs hostage for an intolerable and uncertain time beyond the 10 years already provided in S. 744.

    All of this emphasis on border security is supposedly intended to fix the problem of illegal immigration once and for all.  There must be no repeat of the 1987 fiasco that is the Immigration Reform and Control Act (IRCA), an imperfect law, it is said, which allowed the undocumented population to grow by millions.  IRCA was flawed, to be sure, in not imposing a biometric system of identity and employment verification, not creating an entry-exit verification system, not making the border more secure, and not creating a legal system for the future flow of foreign workers to serve the needs of the American economy. 

    Experience, however, teaches a few verities that both the Gang of Eight (G8) and Sen. Cornyn seem to ignore:

    • No law will ever be so successful as to prevent determined families from reuniting even if it means crossing a heavily fortified national border illegally.
    • Eliminating the "pull" factor of American jobs will not remove pressures on the border caused by the "push" of economic misery, political instability, religious intolerance, dictatorial regimes, natural catastrophes, wars and revolutions.
    • E-Verify will not succeed in closing the systemic holes allowing unauthorized persons to gain employment in the U.S. until Americans are willing to accept the loss of privacy and liberty inherent in a massive national database and system requiring all native-born and naturalized citizens to pay for, obtain and proffer a fraud-proof national work-permission card in order to be hired.   
    • An unrealistically low quota, such ...
    Published on 06-19-2013 01:16 PM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    Cruz Plans to Push Voter ID Amendment to Immigration Bill

    Well, this is not going to help the GOP as it fights the image of being the anti-Latino party. This morning, the Supreme Court invalidated by a whopping 7-2 margin Arizona's voter ID law which requires documenting citizenship when registering to vote. Ted Cruz wants to invalidate the court's ruling by changing federal law via amending the Senate's immigration bill.

    Report: Boehner Won't Bring Up Immigration Bill Unless Majority of Republicans Support It

    Some may think this spells doom for immigration reform. But remember that if the House passes piecemeal bills that are capable of getting a majority vote, then it would go to a conference with the Senate where a compromise bill would be negotiated and then another vote would take place in both Houses. So don't give up hope.

    Landrieu and Tester Amendments Pass in Senate

    Poison pill amendments on the enforcement triggers introduced by Senators Thune and Vitter were soundly defeated. But less controversial amendments introduced by Senators Landrieu (D-LA) and Tester (D-MT) passed easily.

    The Landrie ...

    Published on 06-18-2013 02:12 PM

    12 Tips to Prepare for Mandatory E-Verify

    by Alan Gordon

    [Editor's Note: Today’s article is courtesy of Alan Gordon, Managing Attorney at Alan Gordon Immigration Law based in Charlotte, North Carolina.]

    A key component of the immigration reform proposal is implementation of the E-Verify system nationwide. The Department of Homeland Security (DHS), acting through its enforcement agency, Immigration and Customs Enforcement (ICE), continues to actively pursue and fine companies for violating employment eligibility verification (I-9) rules. ICE has issued thousands of Notices of Inspection (NOI), and has conducted individual I-9 audits of numerous small, medium and large employers. Employers should take proactive measures to monitor their compliance with I-9 employment eligibility verification rules, allowing the company to be better prepared when ICE knocks on the door. With the possibility of E-Verify becoming mandatory for all employers, it’s important that employers take proactive measures now to be compliant with the immigration laws.

    The following 12 tips can help your company minimize audit risks and move towards better E-Verify and Form I-9 compliance:

    1. Display the “Notice of Participation” and the “Right to Work” Posters: Employers enrolled in E-Verify should display the correct posters in their place of business. The English and Spanish versions of the “Notice of Participation and “right to Work” posters must be displayed in a visible place.

    2. ...

    Published on 06-18-2013 09:32 AM

    Bloggings on Immigration Law

    by Danielle Beach-Oswald

    Bloggings: Settlement by Justice Department against Employer Discrimination, by Danielle Beach-Oswald

    Anti-discrimLast Thursday, the Justice Department’s settlement with a leading facility services company proved that the INA’s anti-discrimination provision prohibiting employers from discrimination against noncitizens is a necessary and enforceable doctrine. ISS Facility Services Company is headquartered in San Antonio, Texas and employs approximately 15,000 employees in the United States.
    Based on a referral from the U.S. Citizenship and Immigration Services (USCIS), the Justice Department began an investigation on the company. The issue was whether the ISS offices in Dallas and Houston were requiring non-citizens to present specific U.S. Department of Homeland Security-issued documents to establish their identity and work-authority while not having the same requirements for U.S. citizens. The INA includes an anti-discrimination provision which makes it illegal for employers to discriminate against noncitizens by demanding more or different documents than U.S. citizens would be required to present.

    Pursuant to this provision, the Justice Department and ISS reached a settlement where ISS agreed to ensure that all its offices would provide training and comply with the INA’s anti-discrimination provision. ISS also agreed to pay $49,800 to the United States to identify and compensate any individuals who may have suffered economic injuries as a result of its practices. Additionally, ISS agreed to have their employment eligibility verification practices monitored by the department for the next two years.

    As Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division, noted: “We commend ISS for its exemplary cooperation in working with the department to identify the source of the problems ...

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