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  • Articles RSS Feed

    Published on 04-26-2013 06:16 PM

    Outdoing Arizona and Alabama: Georgia's Quest for Immigration Compliance SB 160

    by Charles Kuck

    [Editor’s Note: Even in the wake of S.744 (the Senate’s Immigration Bill), states are keen on exerting their influence in the immigration compliance debate.  Attorney Charles Kuck, Managing Partner of Kuck Immigration Partners LLC in Atlanta, gives us a taste of the legislative developments in his state in today’s article and explains why SB 160 is not only a bad law for Georgia, but a badly written one at that.]

    The Georgia State Legislature passed SB 160 this last session and just signed into law by Governor Nathan Deal, which greatly expands Georgia’s previous immigration compliance law HB 87.  SB 160 potentially imposes greater hardships to many state sub-contractors, increases the scope of influence of the Immigration Enforcement Review Board (IERB), while likely violating ...

    Published on 04-26-2013 05:16 PM

    Appeal Does Matter and Politics Makes Strange Bedfellows

    by Lory D. Rosenberg

    Appeal Does Matter And Politics Makes Strange Bedfellows by Lory D. Rosenberg, IDEAS Consultation and Coaching LLC

    On Tuesday, April 23, 2013, Judge Reed O'Connor* of the Texas District Court for the Dallas District entered an interim ruling and order in Crane v. Napolitano, a lawsuit brought by the ICE officer's union President Christopher Crane and other named individuals against DHS.* The lawsuit is an effort to frustrate DHS's implementation of the Deferred Action for Childhood Arrivals (DACA) initiative and exercise of prosecutorial discretion, and to subject those eligible for DACA to detention and removal ...

    Published on 04-26-2013 05:14 PM

    Bloggings on Immigration Law

    by Roger Algase

    Bloggings: Anti-Immigrant House Republicans Could Pose a Clear and Present Danger to CIR. By Roger Algase

    There has been much focus on the constructive role that Representative Paul Ryan (R-WI), last year's GOP vice-presidential candidate and a CIR supporter, may be able to play in persuading his colleagues in the House to vote for legalization for unauthorized immigrants and other elements of reform. See my comments in the April 23 ID and Greg Siskind's in the April 25 ID.

    But this is only one side of the picture. An April 25 Washington Post article, House conservatives to push own immigration agenda, describes how the anti-immigrant wing of the Republican party in the House may succeed in derailing reform entirely.*

    The Post's article states:*

    "Leading conservatives have begun to seek ways to delay and, potentially, defeat the push for the legislation, which includes a path to citizenship for up to 11 million illegal immigrants."

    Read More Read More

    Published on 04-26-2013 05:11 PM

    Blogs on Immigration Law and Policy

    by Carl Shusterman

    Pathway to US Citizenship

    The*Comprehensive Immigration Reform bill (S.744), introduced in the U.S. Senate in April 2013, creates a Pathway to Citizenship for over 11 million undocumented persons. (The bill is not law yet.* To become a law, a bill must pass both*the Senate*and*the House of Representatives*and be signed into law by the President.)

    *

    Below are the eligibility guidelines (in abbreviated form) for persons wishing to legalize their status, and then to apply for*permanent residence*and for*U.S. citizenship.

    *

    Eligibility for Registered Provisional Immigrant (RPI) Status:

    1. Must be unlawfully present in the U.S. either because of an illegal entry to the U.S. or because of a visa overstay
    2. Must have been present in the U.S. on December 31, 2011
    3. Continuous physical presence in the U.S. since that time
    4. Pass background check
    5. No convictions for felonies or for 3 or more misdemeanors
    6. Waivers available for certain criminal convictions
    7. Expunged offenses are not considered convictions
    8. Pay back taxes
    9. Pay filing fees and $500 fine
    10. Unlawful presence bars do not apply

    *

    Registered Provisional Immigrant (RPI):

    1. Initially, status is valid for 6 years
    2. Includes person’s spouse and children
    3. Work*and international travel authorization
    4. Cannot be absent from the U.S. for over 180 days unless there are extenuating circumstances

    *

    Renewal of RPI:

    1. New background check
    2. Regularly employed
    3. Must be continuously employed or must have resources equal to 125% of*poverty guidelines*unless RPI is a full-time student.* Limited exceptions based on age and disabilities
    4. Pass English examination
    5. Pay filing fees and $500 fine
    6. Unlawful presence bars*do not apply

    *

    RPI to Green Card:

    1. After 10 years as RPI, may apply for*adjustment of status
    2. Heightened ...
    Published on 04-25-2013 03:52 PM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    Paul Ryan Taking on Rubio's Pro-Immigration Role in the House

    As strong as Marco Rubio has been on pushing immigration reform in the Senate, former VP presidential candidate Paul Ryan looks to exceed those efforts in the House, according to this by Benjy Sarlin in Talking Points Memo.

    Cato Institute Immigration Program

    The Cato folks have posted the video of the program at the Capitol today in which I participated. I talked about sections of the bill I liked that the media hasn't discussed. Alex and Tim, the other panelists talked about the guest worker provisions as well as why immigration reform is important to protecting our homeland security. I was getting over a pretty bad cold so if my voice sounds off a bit, you'll know why.

     

    Texas Notarios Fined Nearly $1 Million in Civil Action

    Thanks to my friend Paul Parsons in Austin for sending this. A notario outfit in Texas has been hit with a $1,000,000 judgment based on providing fraudulent immigration services. These types of people have been around for a while and they tend to come out of the woodwork when we get closer to any kind of change in the law. USCIS has taken more of an interest of late in stomping out notario fraud. And there are new provisions in the immigration law aimed at thrwarting the practice. Hopefully, law enforcement agencies around the country will take an interest in stopping notario fraud in the months ahead.

    ...
    Published on 04-25-2013 03:31 PM

    Bloggings on Immigration Law

    by Roger Algase

    Bloggings: How Should We Respond to Distorted Charges by Anti-Immigrant Hate Groups? By Roger Algase

    If there is any one feature that defines our democracy, it is the right to free speech. The fact that those with whom we may disagree are free to speak out is a guarantee of our own freedom.

    We should therefore be thankful that we live in a country where Ann Coulter is free to imply that a proposal for legalization for unauthorized immigrants was somehow connected to the Boston bombing (even though one of the suspects was a lawful permanent resident and the other is a US citizen), and where Peter Brimelow, an immigrant from the UK, was free to publish his infamous anti-immigrant, white supremacist book Alien Nation in the1990's.

    But does this mean that we have to listen to people whose attachment to prejudice against immigrants outweighs any regard for the truth? In his comment of April 24, my colleague Jason Dzubow strongly criticizes Mark Krikorian, Executive Director of the Center for Immigration Studies (CIS) for his distorted testimony before a Senate committee. This criticism is fully justified.

    First, Jason Dzubow quotes CIS as claiming that the US has naturalized "a few thousand alleged terrorists in recent years", even though it provided only four names, including that of Boston bombing suspect Dzhokhar Tsarnaev. This is a throwback to Senator Joseph McCarthy, who, in ...

    Published on 04-25-2013 03:15 PM

    Moncrieffe v. Holder: It Is (or Must Be) Necessarily So

    by Lory D. Rosenberg

    Moncrieffe v. Holder: It Is (or Must Be) Necessarily So

    The Supreme Court held 7-2 in Moncrieffe v. Holder, No. 11–702 (April 23, 2013) that, "If a noncitizen’s conviction for a mari*juana distribution offense fails *to establish that the of*fense involved either remuneration or

    more than a small amount of marijuana, the conviction is not for an aggra*vated felony under the INA."

    -------------------------------------------------------------------------------------------

    *

    The Moncrieffe case involves the aggravated felony definition of a conviction involving “illicit trafficking in a controlled substance,” which “includ[es] a drug trafficking crime (as defined in section 924(c) of title 18).” *INA § 101(a)(43)(B).

    In turn, 18 U. S. C. §924(c)(2) defines “drug trafficking crime” to mean “any felony punishable under the Controlled Substances Act [(CSA)]. . . ”. *

    *

    The issue before the Court in Moncrieffe *v. Holder was whether the statutory provisions in the INA requiring removal and precluding the Attorney General from granting discretionary relief from removal to an aggravated felon, apply to an individual convicted under a state statute that prohibits "the social sharing of a small amount of marijuana?"[1] Moncrieffe v. Holder at 1. *Put another way, does INA § 101(a)(43)(B), the aggravated felony category for illicit trafficking in a controlled substance, necessarily encompass every conviction of possession of marijuana with intent to distribute without regard to the amount and whether remuneration was involved, and does such a conviction “nec*essarily” involve conduct punishable as a felony under the CSA? Moncrieffe at 7.

    *

    The Court held that conviction of possession of marijuana with intent to distribute under a state statute encompassing conduct that is treated as a federal misdemeanor pursuant ...

    Published on 04-24-2013 05:51 PM

    Invest Visa (Startup Visa) Provisions – Here comes the analysis!

    by Tahmina Watson

    This article is a working document and will be updated as I continue my analysis, discuss with my colleagues and other start-up business owners. Please revisit us to see if the article has been updated. Thank you for reading. 

    Invest Visa (Startup Visa) Provisions – Here comes the analysis!

    On April 17, 2013, a new bipartisan bill for comprehensive immigration reform, named The-Border-Security-Economic-Opportunity-and-Immigration-Modernization-Act-of-2013, was released. The bill was created by the ‘Gang of Eight’ senators, and I thank these senators for their extraordinary efforts. Among other things, the bill seeks to find a path for entrepreneurs to come to the US and start their businesses. Titled the “Invest Visa,” these provisions are in line with the well-known ‘Startup Visa Act’ and, specifically, the 2011 version as introduced by Senators Lugar and Udall. Last week when the 2013 bill was released, I wrote an article laying out the requirements of the Invest Visa. In this article I seek to analyze the provisions, for some considerable amendments are required before the proposed legislation is enacted.

    The bill introduces new terminology and definitions. Let’s start from the top (I am not addressing every definition in this particular article): The new law would allow a “qualified entrepreneur” to apply for a non-immigrant or immigrant Invest Visa. Who is a qualified entrepreneur? According to the text, the qualified entrepreneur is someone who:

      ...
    Published on 04-24-2013 05:45 PM

    Bloggings on Political Asylum

    by Jason Dzubow

    CIS Uses Boston Attack to Condemn Asylum, Immigration System

    The “low immigration, pro-immigrant” group Center for Immigration Studies claims that the “United States has naturalized at least a few thousand alleged terrorists in recent years.” As evidence for this dramatic claim, CIS lists exactly four (four!) examples of naturalized foreigners who engaged (or attempted to engage) in terrorist acts, including Dzhokhar Tsarnaev who is charged in the Boston Marathon bombing.

    Hmm... There's something strange about this naturalization ceremony.

    Hmm… There’s something strange about this Naturalization ceremony.

    How CIS got from four alleged terrorists to “thousands” is not explained. Although I often disagree with CIS’s conclusions, I’ve found them to be generally reliable when it comes to the facts. Not so in this case. To make such an outrageous and inflammatory claim with almost no evidence casts doubt on the organization’s credibility.

    ...
    Published on 04-24-2013 05:41 PM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo

    NURSES, COMPUTERS AND FUTURE JOBS

    by Chris Musillo

    Slate’s Matt Yglesias is one of the internet’s best writers on economics.  His April 22, 2013 post explains why nursing should experience increasing demand in the near and long term, unlike many other “middle skilled” occupations.  His take-away:

    An aging country is going to demand more health care services. A country that's politically committed to meeting the health care needs of the poor is going to demand more health care services. A wealthier society is going to demand more health care services.

    His fellow Slate writer, Anna Reisman, who is also a physician, wrote an April 18 article in which she outlines the case for greater use of nurse practitioners and liberalized state licensing rules.  She cites an Institute of Medicine study that shows similar patient outcomes regardless of whether the patient is diagnosed by a Nurse Practitioner or Primary Care Physician. 

    Yglesias ...

    Published on 04-24-2013 04:48 PM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    NY Times Changes Policy on Term "Illegal Alien"

    The Times is seeking a middle ground - it isn't banning the term, but is asking reporters to be sensitive in using it.

    On Tuesday, The New York Times updated its policies on how it uses the phrase “illegal immigrant” in its coverage. The newspaper did not go as far as The Associated Press, and it will continue to allow the phrase to be used for “someone who enters, lives in or works in the United States without proper legal authorization.” But it encourages reporters and editors to “consider alternatives when appropriate to explain the specific circumstances of the person in question, or to focus on actions.”

    Philip B. Corbett, the associate managing editor for standards, who oversees The Times’s style manual, made the announcement on Tuesday shortly after a group staged a protest in front of The New York Times headquarters and delivered more than 70,000 signatures to Jill Abramson, the executive editor of The Times, asking her to end the use of the phrase.


    Let's see how that goes. ...
    Published on 04-24-2013 03:07 PM

    Bloggings on Immigration Law

    by Roger Algase

    Bloggings: Does Immigration Reform Hang by a Slender Right Wing Extremist Thread? By Roger Algase

    Conventional wisdom holds that if even one member of the Senate Gang of Eight (GOE) pulls the plug on support for the CIR bill that has just been introduced in the Senate, reform is dead. This is why the right wing anti-immigrant lobby is leaning so hard on Florida Republican Senator Marco Rubio to back out.

    Conventional wisdom, for once, may be right. If even one of the eight Senators withdraws support for CIR, enough other members of his party, on either side, may follow suit to kill the bill entirely.

    It is not very likely that any of the four Democrats in the GOE will pull out. They seem to be willing to make almost any compromise imaginable to Republican demands for police state style "border security" and "internal enforcement" to get CIR through.

    Fortunately, the Republicans have not (yet) asked for Herman Cain's electrified border fence, or a moat with alligators, as a price for agreeing to vote for CIR.

    However, keeping the four GOE Republicans in line on CIR may become more difficult ...


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