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    Published on 08-27-2012 04:01 PM

    Bloggings on Immigration Law

    by Danielle Beach-Oswald

    Aug 27, 2012

    Separation in Mexican Families


    The number of deportations executed throughout the Obama administration has exceeded the ones from previous years, and it is creating a devastating effect on the families of Mexican immigrants. In 2010, the Department of Homeland Security reported that there was an estimated population of 6, 640,000 unauthorized Mexican immigrants. Out of this estimated population 282,003 Mexicans were removed. Some of these individuals are parents who have US citizen children, and the separation imposed by current deportation policies has laid fear among them.

    A recent study conducted ...

    Published on 08-27-2012 03:59 PM

    Bloggings on DACA

    by DACA Field Report Blog


    Published on 08-27-2012 03:56 PM

    They Still Have Their DREAM: Law Suit Against DREAMERs Will Go Nowhere

    by Cyrus D. Mehta and Gary Endelman

    “The arc of the moral universe is long but it bends towards justice.” Dr. Martin Luther King

    As if the non-recognition by the governors of Arizona, Nebraska, Texas and Mississippi of Obama’s Consideration of Deferred Action for Childhood Arrivals (DACA) program was not enough, a lawsuit filed by disgruntled ICE agents further reveals the misguided hate against a most vulnerable and sympathetic immigrant population in the US – young  people who entered the US before they turned 16, and who are not in a lawful status through no fault of their own.

    The law suit, Crane v. Napolitano, has been filed by 10 ICE agents in a federal court in Texas who are being represented by Kris Kobach – the architect of the anti-immigrant state laws of Arizona and Alabama. It is being bank rolled by NumbersUSA, an anti-immigrant organization, which has been called a hate group. Even the head of the AFL-CIO has slammed the plaintiffs as not representing legitimate union grievances (as 9 out of the 10 plaintiffs belong to the ICE Union) but as “working with some of the most anti-immigrant forces in the country, forces that have long sowed division and destruction.”

    The law suit alleges that the recent prosecutorial discretion policies enunciated in the Memo by ICE Director John Morton  and DACA command ICE officers to violate federal law. In essence, ICE officers, according to plaintiffs,  are required to remove non-citizens who are not here legally while DACA prohibits an officer from doing just that, which among other things, requires the individual to have entered the US under the age of 16;  been continuously residing in the US from June 15, 2007 until June 15, 2012, and was present on June 15, 2012;  is currently in school, has graduated from high school or obtained a GED or has been honorably discharged from the Armed Forces or the Coast Guard;  and is not above the age of 30. Also, the qualified individual should not have been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, and does not otherwise pose a threat to national security or public safety.

    The law suit invokes provisions from the 1996 Immigration Act. The complaint alleges as follows:  “8 U.S.C. § 1225(a)(1) [INA § 235(a)(1)] requires that “an alien present in the United States who has not been admitted…shall be deemed for purposes of this chapter an applicant for admission.” This designation triggers 8 U.S.C. § 1225(a)(3) [INA § 235(a)(3)] which requires that all applicants for admission “shall be inspected by immigration officers.” This in turn triggers 8 U.S.C. § 1225(b)(2)(A)  [INA § 235(b)(2)(A)] which mandates that “if the examining immigration officer determines that an alien seeking admission is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained for a proceeding under section 1229a of this title.” The proceedings under 8 U.S.C. § 1229a [INA § 240] are removal proceedings in the United States immigration courts.”

    Deferred action is neither recent nor radical. Widows of US citizens have been granted this benefit. Battered immigrants  have also known its sheltering arms.  Never has the size of a vulnerable population been a valid reason to say no. Knowing this, the extension of such relief to DACA applicants is less a leap into the unknown justified by some wild, lawless ideology than a sober reaffirmation of an existing tool for remediation in prior emergencies. Moreover, many EWIs are also eligible for adjustment of status under special provisions of the law, but they are not routinely detained under INA § 235(b)(2)(A).  While they may be entitled to admission beyond a clear doubt, such a determination is not been made upon the mere filing of the adjustment application. Moreover, this argument is clearly not applicable to individuals who enter the US on a valid visa and overstay, which is the case with many DACA applicants. >>
    Also, Kobach's law suit conveniently omits to mention INA § 103(a)(1), which charges the DHS Secretary with the administration and enforcement of the Act, which in turn implies that the DHS can decide when to and when not to remove an alien. He also fails to mention INA 274A(h)(3)(B), which excludes from the definition of “unauthorized alien” any alien “authorized to be so employed . . . by the Attorney General.” After all, 8 CFR 274a.12(c)(14),  which authorizes the grant of employment authorization to one who has been granted deferred action, has been around for several decades. The only new thing about DACA is that the guidance memorandum set forth criteria for the grant of deferred action, and work authorization under 8 CFR 274a.12(c)(14). ...
    Published on 08-24-2012 10:02 AM

    Bloggings on Immigration Law

    by Roger Algase

    Aug 24, 2012

    Published on 08-24-2012 09:58 AM

    Bloggings on Deportation and Removal

    by Matthew Kolken

    Aug 23, 2012

    Published on 08-24-2012 09:54 AM

    Bloggings on Immigration Law and Policy

    by Greg Siskind

    August 23, 2012

    Published on 08-24-2012 09:50 AM

    Bloggings on DACA

    by DACA Field Report Blog


    Published on 08-24-2012 09:47 AM

    Making The Switch When Your I-9 Needs Have Matured

    Ann Cun

    Making the Switch When Your I-9 Needs Have Matured

    When the federal government’s enforcement strategy changed a few years ago, many organizations discovered that their I-9s were not fully in compliance. It was like discovering they had a hole in their boat. Consequently, those organizations reached for the first thing they could find to plug that hole; their existing all-in-one software vendors who already provided them with background screening, payroll, HR system, unemployment, benefits, applicant tracking, etc.

    The Early Days of I-9 Software

    In the early days of electronic I-9 software, the industry was grappling with incorporating compliant audit trails and electronic signatures, amongst other issues. Over time, USCIS regulations and guidelines have evolved but so too have ICE inspections, which have become more sophisticated, employing a larger number of auditors and advanced technology.

    Over the years, I-9 inspections have increasingly included audits of electronic I-9 records in addition to the actual paper I-9 Forms. Auditors have also become much more adept at evaluating these electroinc records and determining if the I-9 software is compliant with their interpretation of the law. It wasn’t long ...

    Published on 08-24-2012 09:28 AM

    Bloggings on Immigration Law

    by Roger Algase

    Aug 23, 2012

    Published on 08-24-2012 09:21 AM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo

    August 23, 2012

    Published on 08-24-2012 09:19 AM

    Bloggings on DACA

    by DACA Field Report Blog


    Published on 08-22-2012 04:39 PM

    Bloggings on Immigration Law and Policy

    by Greg Siskind

    August 21, 2012

    Alabama's New Immigration Law Mostly Struck Down By the Courts

    HB87, the Alabama answer to Arizona's SB1070, has been dealt a major blow by the less than liberal 11th Circuit Court of Appeals in Atlanta. From NCLR:

    Yesterday, the 11th Circuit Court of Appeals in Atlanta struck down major portions of the anti-immigrant laws passed in Alabama and Georgia, including a provision requiring Alabama public school officials to determine the immigration status of enrolling students. In the wake of the Supreme Court ruling on Arizona’s SB 1070, a federal court once again rejected these states’ attempts to take federal law into their own hands.

    “In a common-sense decision, the 11th Circuit Court put a stop to perhaps the single most egregious provision yet in this slew of anti-immigrant laws, bringing an end to the chaos and fear that students in Alabama have endured since this law was passed,” said Janet Murguía, President and CEO of NCLR (National Council of La Raza). “The Court’s ruling makes clear that children should not be put in the crosshairs of a political debate.”

    The court also blocked the Alabama provisions that would have invalidated contracts with undocumented immigrants and criminalized the failure to carry immigration documents. In both Alabama and Georgia, the court determined that states could not criminalize the transporting or harboring of certain immigrants. As with the Supreme Court, the federal court in Atlanta explicitly left the door open to future challenges to the racial profiling provisions known as “show me your papers” or “papers, please.”

    “Unfortunately, the ‘papers, please’ provision was allowed to go forward,” said Murguía. “As we have stated repeatedly, it is a false solution that many states have already rejected and whose only effect ...

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