Comment: CIR State of Play

The Hill reports: "Leaders in both parties voiced confidence in an emerging House immigration agreement, giving momentum to an issue that has been a bright spot early in President Obama's second term." Over on the Senate side, Roll Call reports: "Having Rubio on board is huge...Having Rubio and Rand Paul on board: game, set, match." So, what needs to happen before we break out the champagne for the President's CIR signing ceremony? In a nutshell: a lot of procedure, but not that much political substance.


First, lets take a look at the calendar. Apart from fiscal matters, there is nothing else pressing - not guns, not marriage equality, not climate/weather, not much of anything. On fiscal matters, the Democrats got a tax increase, the Republicans got a spending cut, and now both parties are facing mounting debt due to entitlements that are not affordable, but neither party wants to tell the American people that. So, we have a fiscal impasse, mainly due to the fact that the average American voter has many years of education to go before (s)he realizes how badly off the country's finances are and why they are that way - so, the bad news must wait for another day. From an immigration point of view, the coast is clear - it's like a railroad line with nothing but green signals ahead, as far as other priorities on Congressional time.


Now, lets take a look at the leadership in both Chambers, and both parties - pretty much everyone is on board with Comprehensive Immigration Reform. If one of the Chambers manages to pass a bill, it's a sure bet that the leadership of the other Chamber will bring that bill to the floor. Both sides have vowed to go thru the committee process for any bill originating in that Chamber brought to the floor, and with recent 180-degree turns by key Republicans in both Chambers, we believe that there is a good chance that votes exist in the House and Senate Judiciary committees to report a "middle-of-the-road" bill to the floor. Once again, all lights appear to be green.


So, what are the hiccups, then? The only significant one is that of temporary workers. The Republicans insist that the only way they sign on on legalization is to ensure that no future legalization will be necessary - the only way to do that is to provide a legal future pathway for the kinds of people who now make up the undocumented population (and, by extension, may make up a hypothetical future undocumented population) - hence the Republicans for CIR argue for 400,000 H2-type visas, without the dual temporary requirement, and a suitable increase in length of validity, say six years. The Unions (but thankfully, not many Democrats) refuse to go along, and want only 10,000 such visas. We believe that American Unions stand to gain tremendously from CIR, and especially from 400,000 H2 workers - these will eventually become citizens provided they have a path to citizenship, providing unions with a tremendous shot in the arm. Labor protectionism works against American labor, perhaps outright protectionism, such as tariffs, may be more effective if unions want to compete in a global world. In any event, CIR is much too important to most Democrats in Congress for the Unions to veto the entire CIR effort over the issue of temporary workers. We believe, therefore, that a compromise will be reached on this matter, and that the final bill will have a temporary worker provision, with somewhat less than 400,000 visas, and with some labor protections.


Let's, then, review the timing, as best as we can see it. It appears that at least one of the House and Senate Judiciary committees will begin markup in early/mid-April, and a final bill may clear a floor vote in one Chamber before Memorial Day. On this basis, and if conference between the Chambers is not necessary, we anticipate a signing ceremony before Independence Day. There is rare political agreement on immigration, the stars are aligned, it is politically foolish to wait for another day for a slightly different outcome. The Republicans have come around, it is time for the Unions to do the same and cut the best deal possible in the circumstances.


On that positive note, we urge Congress along the CIR path, America is waiting. Share your thoughts by writing to editor@ilw.com





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Focus: The Removal Book - New Publication!

We are pleased to announce the upcoming publication of "The Removal Book" edited by Priscillia Suntoso and Rodney Barker.



The book outline is as follows:




PART ONE: REMOVAL PROCEEDINGS, GROUNDS OF REMOVAL, AND CONTESTING THE CHARGES IN A NOTICE TO APPEAR


Chapter One: Removal Proceedings

  1. Overview of removal proceedings
  2. Commencement of removal proceedings under INA 240
  3. Other types of removal proceedings
  4. Proper service of the charging document in proceedings
  5. Rights in removal proceedings
  6. Bond Hearings and Parole
  7. Inadmissibility under INA 212 or Removability under INA 240 - How Is This Determined
  8. Immigration Court Practice Manual
  9. Pre-Hearing Motions
  10. Juvenile Proceedings
  11. Security checks
  12. Prosecutorial Discretion

Chapter Two: Grounds of Inadmissibility

  1. Overview of the Grounds of Inadmissibility
  2. Who bears the burden of proof when your client is charged under INA 212
  3. Grounds of Inadmissibility

Chapter Three: Grounds of Removal

  1. Overview of the grounds of removal
  2. Document-related grounds of removal
  3. Security Grounds
  4. Public charge
  5. Unlawful voters

Chapter Four: Contesting Removability

  1. Overview
  2. Preliminary considerations
  3. The decision to concede or contest removability
  4. Grounds to challenge a Notice to Appear
  5. Burden of proof in removal proceedings
  6. Special issues where the person is charged with being subject to removal based on criminal grounds
  7. Motions to suppress
  8. Conclusion

PART TWO: RELIEF FROM REMOVAL
Chapter One: Adjustment Of Status

  1. INA 245(i)
  2. Family-based adjustment of status
  3. Employment-based Adjustment of status
  4. Child status Protection Act ("CSPA")
  5. NACARA
  6. Refugee adjustment in removal proceedings
  7. Registry
  8. Adjustment for certain nationals from Vietnam, Cambodia, and Laos
  9. Cuban adjustment act

Chapter Two: Waivers in Removal Proceedings

  1. Overview
  2. Discretionary determination
  3. Types of Waivers
  4. Conclusion
  5. Provisional Waiver

Chapter Three: Cancellation Of Removal For LPRs and INA 212(c) Relief

  1. Introduction
  2. Cancellation of Removal for LPRs
  3. INA 212(c) relief

Chapter Four: Cancellation Of Removal For Non-LPRs

  1. Introduction
  2. Eligibility
  3. Continuous physical presence and the stop-time rule
  4. Repapering
  5. Special rule cancellation of removal for a battered spouse or child
  6. Suspension of deportation

Chapter Five: NACARA

  1. Introduction
  2. Eligibility to Apply
  3. Requirements
  4. Statutory Bars
  5. IJ jurisdiction to adjudicate NACARA applications
  6. How to file

Chapter Six: Asylum and Withholding Of Removal

  1. Overview and benefits of asylum
  2. Referred vs. defensive asylum application
  3. Real ID Act of 2005
  4. Corroboration of an Asylum Claim
  5. "On account of" standard
  6. Government unwilling or unable to control persecutors
  7. What constitutes persecution
  8. Past Persecution Claim
  9. Well-founded fear of persecution
  10. Exercise of discretion
  11. Bars to Asylum
  12. Withholding of Removal
  13. Termination of asylum and withholding of removal
  14. Employment authorization
  15. The credible fear process

Chapter Seven: Convention Against Torture

  1. Overview
  2. CAT regulations and legal standard
  3. Definition of torture
  4. Acquiescence of Government officials
  5. Withholding of removal versus deferral of removal under CAT
  6. Termination of CAT relief
  7. Deferred CAT

Chapter Eight: Voluntary Departure

  1. Overview and benefits
  2. Requirements
  3. Failure to post voluntary departure bond
  4. The effect of failing to depart
  5. Reinstatement of voluntary departure after an appeal to the Board
  6. Termination of voluntary departure upon filing a motion to reopen or petition for review

Chapter Nine: Naturalization As A Defense To Removal

  1. Overview
  2. Prima Facie Eligibility for Naturalization
  3. Bars to Naturalization
  4. Procedure for termination of removal proceedings to apply for naturalization

Chapter Ten: Other Relief

  1. S visa
  2. T visa
  3. U visa
  4. I-360
  5. TPS
  6. Deferred Action
  7. Private Bill

PART THREE: APPEALS AND MOTIONS TO REOPEN

Chapter One BIA Appeal and Motion Practices:

  1. Appeal to the Board of Immigration Appeals
  2. Motion to Reopen vs. Motion to Reconsider





Order your copy today:
Online or by Fax.









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Help Wanted: Immigration Professional

Toronto or Calgary, Canada - Ernst and Young Global Immigration (EYGI) is seeking a Global Immigration Manager. EYGI provides and manages a range of business immigration services to multinational clients who send employees and their families to work and live in over 140 countries around the world. The role of Manager Global Immigration involves day-to-day management and oversight in all aspects of global immigration client accounts. The activities will include supervising the Global Coordination Staff and Seniors and can ranger from ensuring client accounts are being looked after to providing high level reporting on the status of programs. The ideal candidate will have 3+ years of Global Immigration or related experience. Law degree would be an asset, as would strong organizational and project management skills. Ability to deliver accurately to tight deadlines in a high-pressured and time-sensitive environment a plus. For more information, please visit out EY Careers Website at http://www.ey.com/CA/jobsearch, keyword: Global Immigration or contact Lisa Chow at lisa.chow@ca.ey.com.

Help Wanted: Immigration Attorney

Toronto, Canada - The US Business Immigration Specialists at Egan LLP is seeking an Associate Attorney to manage multiple and challenging US business immigration engagements and to contribute to the delivery of solutions and ideas for their diverse institutional clients. Egan LLP has offices throughout Canada in Vancouver, Calgary, Toronto, and Montreal. The ideal candidate should have a JD along with admission to any US State Bar, a 3+ years of business immigration experience, with an emphasis on high-volume H-1, L-1, NIV, and PERM filings, and strong client management skills, excellent managerial, organizational, and verbal/written communication skills. For more information, please visit Ernst and Young's career website at www.ey.com/CA/jobsearch keyword search: EGAN or contact Lisa
Chow at Lisa.Chow@ca.ey.com


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ComingsNGoings: Immigration Attorney receives HBAA Leon Jaworski Award

The Houston Bar Association Auxiliary recently awarded internationally recognized immigration lawyer, Charles Foster, co-founder of FosterQuan, the 2013 Leon Jaworski Award. This award is given to a lawyer who has provided exemplary service to the Houston community. The arts in Houston are one of the many organizations dear to Mr. Foster's heart, FosterQuan has a 30-year history of spearheading pro bono immigration legal services to Houst arts organizations. His dedication and conviction as an immigration lawyer was portrayed in the 2010 film Mao's Last Dancer, which is based on the true story of famed Houston Ballet dancer Li Cuxin.












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