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    Published on 02-05-2013 11:21 AM

    Bloggings on Immigration Law and Policy

    by Greg Siskind

    I Don't Have a Problem with Immigrants, I Just Have a Problem with Illegal Immigration

    This is one of the most common arguments you hear from people who claim to be pro-LEGAL-immigration. Some are just trying not to sound like haters. But there are many who really believe that most of the people who are in the US illegally just were looking to circumvent the rules.
    Published on 02-04-2013 03:00 PM

    Released: January 29, 2013

    A Portrait of the 40 Million, Including 11 Million Unauthorized

    A Nation of Immigrants

    Overview

    PHC-2013-01-SP-01The nation’s total immigrant population reached a record 40.4 million in 2011, according to an analysis of Census Bureau data by the Pew Hispanic Center, a project of the Pew Research Center.

    Over the last decade, the number of immigrants in the U.S. has steadily grown. Since 2007 alone, the number of immigrants living in the U.S. increased by 2.4 million.

    The number of unauthorized immigrants living in the U.S. also grew during the last decade, rising from 8.4 million in 2000 to 11.1 million in 2011. However, this population peaked at 12 million in 2007, then fell to 11.1 million in 2009. It has remained at that level through 2011, the last year for which an estimate is available (Passel and Cohn, 2012).

    The United States is the world’s leader by far as a destination for immigrants. The country with the next largest number is Russia with 12.3 million. The U.S. total of 40.4 million, which includes legal as well as unauthorized immigrants, represents 13% of the total U.S. population in 2011. While the foreign-born population size is a record, immigrants’ share of the total population is below the U.S. peak of just under 15% during a previous immigration wave from 1890 to 1920 that was dominated by arrivals from Europe. The modern wave, which began with the passage of border-opening legislation in 1965, has been dominated by arrivals from Latin America (about 50%) and Asia (27%).

    Accompanying this report is a statistical portrait of the nation’s foreign-born population. It is based on the Census Bureau’s 2011 American Community Survey and features detailed characteristics of the U.S. foreign-born population at the national level, as well as state population totals. Topics covered include age, nativity, citizenship, origin, language proficiency, living arrangements, marital status, fertility, schooling, health insurance coverage, earnings, poverty and employment.

    The Pew Research Center has also published several reports on the number and characteristics of the nation’s unauthorized immigrant population and on public opinion about immigration policy and views of immigrants. Key findings from this research are shown below.

    Number of Unauthorized Immigrants and their Characteristics

    The Pew Hispanic Center has published a number of reports on the size and characteristics of the nation’s unauthorized immigrant population. The Center’s latest estimate of the number of U.S. unauthorized immigrants was 11.1 million in 2011, a number that did not significantly change from the previous two years (Passel ...

    Published on 02-04-2013 02:49 PM

    Republican Conditions for Supporting CIR: Border Security or Bigotry?

    by Roger Algase

    Republican politicians who are insisting on more border security as the price for supporting immigration reform often use the Reagan 1986 "amnesty" law as an example of why legalization without strong border ...

    Published on 02-04-2013 02:34 PM

    The I-9 Audit Process Is A Game -- Alas, It Is Football, Not Soccer

    by Angelo Paparelli

    The Immigration Line is Too **** Long (and Slow)

    Steadfastly opposing a path to citizenship for unauthorized immigrants, the anti-immigration crowd has long trumpeted an array of related memes:

    • Why don't they just get into line like everyone else?
    • Why don't they wait their turn?
    • Why don't they just follow the law?
    • Why should we reward lawbreakers who disrespect our laws?
    • Why should those here illegally be treated as VIP line-jumpers and given a path to citizenship while others have waited in line and played by the rules?

    All of these questions presuppose that U.S. immigration law provides a feasible avenue to come here legally, that waiting patiently in the law-abider's queue in due course will lead one to the front of the visa line, that even entering under duress rather than endure extreme economic hardship or political persecution -- as many have done -- shows a haughty disrespect for our laws.

    The bipartisan Gang of Eight senators who last week proposed a term sheet for comprehensive immigration reformapparently have swallowed these memes whole hog:

    [Those] undocumented immigrants seeking citizenship would be required to go to the end of the waiting list to get a green card that would allow permanent residency and eventual citizenship, behind those who had already legally applied at the time of the law’s enactment.

    Published on 02-04-2013 02:30 PM

    Bloggings on Immigration Law and Policy

    by Greg Siskind

    Bipartisan House Group Looking to Beat Senate and White House in Race to Release Bill

    Thanks to reader Ben for the link. From the LA Times:

    A secretive group of House members from both parties is racing to complete an immigration bill in the next two weeks with an eye toward introducing legislation before President Obama’s State of the Union address on Feb. 12, said two congressional aides who spoke on the condition of anonymity because of the sensitivity of the negotiations.
     
    The draft bill, written behind closed doors by three Democrats and three Republicans, so far includes a path to legal status, new border security measures and tighter restrictions on employers. It tracks closely with the blueprint laid out by the bipartisan group of senators on Tuesday, said the aides.
     
    Rep. Mario Diaz-Balart (R-Fla.) said in a statement that the senators’ principles “are compatible with discussions in the House.” Diaz-Balart would not give details about those discussions and would not explicitly confirm he is a member of the group.
     
    Congressional aides ...

    Published on 02-04-2013 02:17 PM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo

    Philippine Nursing Supply Continues To Grow

    by Chris Musillo

    The Philippines continues to produce nurses, in spite of a global recession entering its fifth year.  GMA News reports that the Philippines produced about 100,000 nurses last year, about triple the Philippines 36,000/year need.


    This is not unusual for a country that acknowledges that overseas employment is a key part of its government policy.  The natural result of educating a greater number of nurses is that the licensure pass rates of the nurses will decrease.    The Philippine nursing will need to make sure that the quality of the education does not suffer as the volume of nursing students increases, which is certain to happen in the next few ...

    Published on 02-01-2013 12:30 PM

    2012 OCAHO Decisions - Trends Every Employer Should Know

    Bruce Buchanan

    [Editor’s Note: Today’s blog is authored by Bruce E. Buchanan, an Attorney at the Nashville Office of Siskind Susser, P.C.]

    In 2012, the Office of Chief Administrative Hearing Officer (OCAHO) issued 21 decisions. Of the 21 decisions, 11 were substantive decisions concerning alleged violations of the Immigration Reform and Control Act (IRCA), six decisions involved Office of Special Counsel issues and four decisions were procedural. There are several trends or common themes in the 11 substantive ...

    Published on 02-01-2013 12:18 PM

    Bloggings on Deportation and Removal

    by Matthew Kolken

    Are the "Vast Majority" of Deportees REALLY Criminal Aliens?

    The President was quoted yesterday in defense of his deportation record. *He stated that: "What we've seen is that the people who are being deported, the vast majority of them now are criminals."*

    Really Mr. President?

    If we are to believe the statistics released by ICE*it is estimated there were more than 400,000 people deported in 2012, of which approximately 50% were "convicted criminals." *Hardly a vast majority as the President would have you believe. *

    But the 400,000 deportations question is: should we REALLY believe these statistics? *The following is from Syracuse University's TRAC Immigration:

    Immigration and Customs Enforcement (ICE) is identifying fewer individuals as deportable owing to alleged criminal activity, according to the latest Immigration Court data on new deportation proceedings. During the most recent quarter (January - March 2012), ICE sought to deport a total of 5,450 individuals on criminal grounds. While this number is preliminary and is likely to increase once late reports are in, it represents a drastic decrease compared with 10,732 individuals against whom ICE sought deportation orders just two years ago (during the period January - March 2010).*

    But ...

    Published on 02-01-2013 11:43 AM

    More Immigration Enforcement As The Price For Passing CIR: Is This Good Policy? Is it Good Politics? Part 1

    by Roger Algase

    Bloggings: More Immigration Enforcement As The Price For Passing CIR: Is This Good Policy? Is it Good Politics? Part 1, by Roger Algase

    Many immigration advocates are arguing that if more immigration enforcement is needed in order to pass a comprehensive immigration reform bill with Republican support, so be it. Besides isn't enforcement an important part of immigration policy too?

    After all, we can't just give 11 million people "amnesty" without taking steps to ensure that we don't attract another 11 million "illegals" (not to mention millions more of their "anchor babies") in short order. Let's not make the mistake we did with the Reagan amnesty when we handed out green cards to 2 or 3 million law-breakers only to let in millions more. America is a nation of immigrants, but also a nation of laws. So the argument runs.

    But how much of this is serious argument, ...

    Published on 01-31-2013 04:04 PM

    Article: Shabaj v. Holder: Has the Court of Appeals for the Second Circuit Split with the Third Circuit on Judicial Review of Certain USCIS Application Denials? What Sort of Judicial Review of USCIS Legal Errors Remains Available?

    by David A. Isaacson

    On January 15, 2013, the Court of Appeals for the Second Circuit issued a precedential decision in the case of Shabaj v. Holder, No. 12-703.  Paulin Shabaj, the plaintiff in the case, had come to the United States in November 2000 with a false Italian passport and sought asylum.  His asylum application was ultimately denied, but while in asylum-only proceedings before an immigration court, he had married a U.S. citizen in July 2005.  Although USCIS determined Mr. Shabaj’s marriage to be bona fide and approved his wife’s I-130 petition, it denied his application for a waiver under INA § 212(i) of his inadmissibility due to his previous fraud, and denied his related application for adjustment of status.  Mr. Shabaj filed a lawsuit in the U.S. District Court for the Southern District of New York, challenging the determination of the USCIS Administrative Appeals Office (AAO) that he had failed to demonstrate that his wife would suffer extreme hardship if he were removed from the United States.  The Second Circuit, in its recent decision, affirmed the District Court’s decision that it lacked jurisdiction to review this denial, even though Mr. Shabaj asserted “that CIS’s decision to deny his section 212(i) waiver application was erroneous as a matter of law.”  Shabaj, slip op. at 4.

    As the Second Circuit indicated in Shabaj, there is a specific provision in the second subparagraph of section 212(i) stating that “[n]o court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver [of inadmissibility] under paragraph (1).”  8 U.S.C. § 1182(i)(2).  There is also a more general provision regarding judicial review of discretionary relief, 8 U.S.C. § 1252(a)(2)(B), which provides that “no court shall have jurisdiction to review . . . any judgment regarding the granting of relief under” various sections of the INA providing for discretionary relief, including INA § 212(i).  Shabaj sought to rely on the exception provided by 8 U.S.C. § 1252(a)(2)(D) that preserves jurisdiction over “constitutional claims or questions of law,” but the Second Circuit rejected this argument because § 1252(a)(2)(D) applies to “constitutional claims or questions of law raised upon a petition for review filed in an appropriate court of appeals”; Shabaj had raised his arguments about the denial of his § 212(i) waiver not in a petition for review (his earlier petition for review from the Visa Waiver Program removal order against him having been denied previously, see Shabaj v. Holder, 602 F.3d 103 (2d Cir. 2010)), but in a suit before the district court.  Thus, because Shabaj, having participated in the Visa Waiver Program with his false Italian passport, was unable to seek to reopen his removal order and file a new petition for review, he could not obtain judicial review of the asserted legal errors in the USCIS denial of his § 212(i) waiver and adjustment application.>>

    At first glance, there might appear to be a conflict between Shabaj and the decision of the Court of Appeals for the Third Circuit in Pinho v. Gonzales, 422 F.3d 193 (3d Cir.2005).  Gummersindho Pinho, the plaintiff in that case, had been arrested and charged with three counts relating to possession of cocaine and intent to distribute it.  His application for New Jersey’s “Pre-Trial Intervention” (PTI) program was rejected because of a subsequently invalidated policy “against accepting into PTI any defendant against whom there was a viable case for possession with intent to distribute drugs at or near a school”,id. at 196, and in 1992 he pled guilty topossession of cocaine. He then sought post-conviction relief in 1997 based on the ineffective assistance of his criminal defense counsel.  At the hearing on Pinho’s ineffective-assistance claim, pursuant to prior discussions between Pinho’s then-counsel and the state prosecutor, it was explained that Pinho had been accepted into PTI, and his conviction was vacated and the charges dismissed.  Nonetheless, Pinho’s 2000 application for adjustment of status was denied by the then-INSon the theory that his 1992 guilty plea met the INA definition of a “conviction” despite having been vacated, rendering him inadmissible and ineligible for adjustment of status.

    Pinho was not placed in removal proceedings, and so sought review of the denial of his adjustment application through a lawsuit in District Court “seeking a declaratory judgment that the denial of his adjustment of status was arbitrary, capricious and unlawful because his vacated state conviction should no longer be a bar to his eligibility for adjustment.”  422 F.3d at 198.  Despite the statutory bar on review of discretionary decisions, including the denial of an application for adjustment of status under INA § 245 (which is specifically mentioned among the types of discretionary relief covered by § 1252(a)(2)(B)), the Third Circuit ...
    Published on 01-31-2013 02:53 PM

    APPEAL MATTERS - an Immigration Defense and Expert Advocacy Solutions (IDEAS) Blog

    by Lory D. Rosenberg

    Appeal and access to the federal courts is an essential underpinning of agency accountability, insuring that fairness is observed and justice is served in the implementation of United States immigration laws. As the potential for realization of true immigration reform grows, no desire for legislative simplicity, ...

    Published on 01-31-2013 02:27 PM

    President's and Senate Group of Eight's CIR Proposals are Heavy on Enforcement, but Light on Reforming Legal Immigration

    by Roger Algase

    Bloggings: Immigration Reform: Does a "Pathway to Citizenship" Matter? by Roger Algase

    In my comments earlier this week, I referred to the potentially long delays in granting full permanent resident status (often misleadingly ...


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