Immigration Law

Immigration News

Greece Will Soon Join Visa Waiver Program

Tuesday, March 09, 2010

On March 9, 2009 Department of Homeland Security (DHS) Secretary Janet Napolitano announced the designation of Greece as a member of the Visa Waiver Program (VWP).

Greece joins 35 nations participating in VWP, which was established as a pilot program in 1986 to help eliminate unnecessary barriers to travel; it was made permanent in 2000. VWP visitors are able to visit the United States without visas for up to 90 days.

"Our efforts to guard against terrorism while enhancing legal travel and trade depend upon close collaboration with our international partners," said Secretary Napolitano. "I commend our partners in Greece for committing to strong screening and security standards and enhanced information sharing for travel by Greek citizens to the United States as we work together to protect our citizens and strengthen our economies."

Greek citizens will be able to visit the United States without visas in approximately 30 days.
 
 

Bi-Partisan "Start-Up Visa Act" Would Help Create American Jobs

Friday, March 05, 2010

To stimulate the economy, the Chairman and the Ranking Member of the Senate Foreign Relations Committee, Senators John Kerry (D-MA) and Richard Lugar (R-IN), have introduced the Start-Up Visa Act of 2010 which incentivizes job creation through the promise of legal residence status-that is, "drives job creation and increases America's global competiveness by helping immigrant entrepreneurs secure visas to the United States."
 
 

Duke Researcher Calls for Visa Reform

Thursday, March 04, 2010

On February 24, 2010 The New York Times reported that Intel and 24 venture capital firms plan to invest $3.5 billion in American start-ups over the next two years to combat America “losing its competitive edge as other countries invest more heavily in technology education and innovation”.

Additionally ”Intel, Google, Cisco Systems, Microsoft and 13 other employers pledged to add jobs in 2010 — specifically by hiring 10,500 graduates of American colleges, largely those with computer science and engineering degrees”.

The Times reports that “ some analysts say they doubt that more venture capital for American start-ups is the solution”.

“If they were really serious about it, they would be fixing visa systems so foreign students would stay here,” said Vivek Wadhwa, an executive-in-residence at Duke University, where he researches the impact of globalization on engineering and the competitive advantage of the United States”.

Paul S. Otellini, Intel’s CEO noted in a speech at the Brookings Institution that “Fewer than 10 percent of college graduates in the United States have engineering degrees, compared with more than one-third in India and China, and more foreign-born graduates of United States universities are returning to their home countries"
 
 

Recent Statistics Confirm America Remains a Nation of Immigrants

Tuesday, March 02, 2010

Citizenship Statistics from U.S. Citizenship and Immigration Services:

2001-2010: During the decade, the United States welcomed more than 5.6 million new citizens, including more than 744,000 people during fiscal year 2009 and more than 138,000 in the current fiscal year. Since September 2001, USCIS has assisted more than 55,000 members of the military to become naturalized U.S. citizens.

1991-2000: Approximately 5.6 million individuals became U.S. citizens during this period, doubling the number from the previous decade. The late 1990s also marked another shift in naturalization demographics, with those of Mexican decent yielding the most naturalized citizens, followed by Vietnamese and Filipinos.

1981-1990: Nearly 2.3 million people were naturalized during the 1980s, nearly half of whom came from Asia. Together, Canada and Mexico accounted for more than one quarter of the remaining new citizens.

1971-1980: The United welcomed approximately 1.5 million new citizens during the 1970s. The Philippines, Cuba, and China were the leading countries of origin. This trend represented a shift from the 1960s, when the largest number of new citizens came from Europe. An estimated 66,000 members of the U.S. military were naturalized during this decade.

1908: The United States naturalized approximately 25,975 individuals.

1907: The United States naturalized approximately 7,941 individuals.
 
 

"E-Verify" May Hurt U.S. Workers and the Recovery

Tuesday, March 02, 2010

The Immigration Policy Center (IPC) charges that E-Verify, the federal web-based employment verification program, program harms jobless U.S. citizens.

IPC notes that as Congress “works on bills to extend unemployment benefits and create jobs, they are likely to face considerable pressure to include E-Verify amendments”.

An IPC "fact check" concludes: “the program harms U.S. citizen and legal immigrant workers who will be ensnared by database errors and forces U.S. businesses to bear additional costs associated with the program. Small businesses - which employ approximately 50% of the U.S. workforce - would be disproportionately affected. At a time when the U.S. economy is still struggling to recover from recession and the national unemployment rate hovers around 10%, expanding E-Verify before improving it would be a costly and chaotic mistake. “

The IPC “fact check” is found at: How Expanding E-Verify Would Hurt American Workers and Business
 
 

ABA President Asks For Maintenance of the Categorical Approach to Determine Consequences of Convictions.

Friday, February 26, 2010

On January 22, 2010 American Bar Association President Carolyn B. Lamm urged U.S. Attorney General Eric H. Holder Jr. to maintain the categorical approach to determine the immigration consequences of criminal convictions.

She explained that in removal proceedings, immigration judges are routinely called on to make determinations about how to classify a past conviction. Under the categorical approach for doing this, immigration adjudicators rely on the criminal statute and the record of conviction rather than conducting a new factual inquiry into the basis for the conviction.

The decision in Matter of Silva-Trevino transforms this legal determination into a re-trial of the criminal case requiring de novo fact finding on the conduct underlying the criminal court conviction, but without the due process protection integral to criminal trials. The Board of Immigration Appeals has cut back on the categorical approach in cases involving classification of crimes as meeting the “aggravated felony” ground for deportation.

“The categorical approach provides uniformity and predictability while Silva-Trevino creates uncertain consequences that will disrupt plea negotiation and the settled expectations of criminal defendants, courts and prosecutors,” she wrote. “It is fundamentally unfair to force immigrants to relitigate their criminal cases in immigration court hearings that are not governed by formal rules of evidence, where the Sixth Amendment right to appointed counsel and to a trial by jury do not apply, and where the Fourth Amendment exclusionary rule and Fifth Amendment privilege against self-incrimination do not apply with full force.” Lamm concluded.
 
 

I-9 Compliance: Steps Employers Can Take to Avoid Liability

Monday, February 22, 2010

With worksite enforcement a priority for Immigration and Customs Enforcement (ICE) employers take heed: even employers that have not been accused of knowingly employing undocumented workers can expect site visits and can be held liable for clerical violations and subject to steep civil fines. Well-intentioned employers often find inadvertent paperwork errors or technical violations during their internal audits; some seemingly harmless errors and omissions are actually considered substantive violations that carry significant fines. For example, the failure of an employer to ensure that an individual employee checks the Form I-9’s box for “citizen,” “lawful permanent resident,” or “authorized to work until a specified date” is a substantive violation. An employer’s failure to provide the date of hire in the attestation portion of the I-9, while a technical violation, is still actionable even if other parts of the form are dated.


Audit I-9s. Human resource personnel and others involved in the I-9 process should consider auditing their actual I-9 files as well as their compliance procedures. Updating and/or appropriately correcting technical violations on previously completed I-9 forms may be necessary.

Re-verifying certain employees also may be required. While such remedial actions may not shield an employer from liability and fines, the amount of such fines will be mitigated by a number of factors, including the employer’s good faith, the seriousness of the violation, and the employer’s previous violations.

Develop a Compliance Plan. Employers also may want to consider developing an immigration compliance plan that sets forth procedures for implementing and monitoring the verification of an employee’s authorization to work in the United States. Such a plan should include appropriate employee training, reporting obligations, as well as safeguards to ensure that whatever plan is implemented does not run afoul of U.S. anti-discrimination laws. In addition to good business practice, I-9 compliance also may impact a company’s ability to compete for contract work. Some major corporations are requiring immigration compliance provisions and certified audits in their vendor contracts; a company with a history of immigration law violations may jeopardize its ability to win such contracts. I-9 compliance is also an issue when an employer is involved in corporate re-structuring and where I-9 liabilities of an acquired corporation are assumed. This could mean serious violations and fines.

This area of immigration compliance can be confusing and complex, and can have unintended legal consequences. Employers are wise to take preventive measures and to consult with an immigration attorney before embarking upon this alone.
 
 

Needed: More Relief for Haitians

Friday, February 19, 2010

Shortly after the January 12, 2010 earthquake that devastated much of Port-au-Prince, the Department of Homeland Security (DHS) suspended deportations of Haitians and extended temporary protected status (TPS) to tens of thousands of undocumented Haitians already in the United States. TPS is granted by DHS to individuals already in the U.S. who are nationals of countries subject to environmental disaster, armed conflict or other extraordinary and temporary conditions. Beneficiaries are granted employment authorization and a stay of removal while in TPS status. DHS also put into place new procedures to accommodate the thousands of Haitian orphans waiting to finalize their adoptions.

And, just recently, 200 critically injured children were given humanitarian visas to enter the United States for medical treatment. USCIS also has stated that it would take additional steps to assist Haitian foreign nationals during the crisis, and, where appropriate, would work to issue favorable adjudications for applications for change or extension of nonimmigrant status, grant an additional period for advance parole and authorize nonimmigrant students’ requests for off-campus employment and work authorization, among other measures.

But, what about the immediate relatives of Haitian U.S. citizens and lawful permanent residents who are still in Haiti? There are thousands of Haitians who could be eligible for immediate relief as close relatives of U.S. citizens or lawful permanent residents.

The majority of these close family members eventually will be allowed to obtain green cards and immigrate to the United States but many face years of waiting due to extensive visa backlogs. One option discussed during the weeks immediately after the catastrophe is the acceleration of the cases already approved. Another option could include offering humanitarian “parole” to those who have a future basis to become lawful permanent residents. These individual could live and work in the United States while they waited here for their visas to become available, rather than in Haiti. In addition, they could send money back to Haiti, an important source of foreign remittances and aid. Such an option would help alleviate the crisis in Haiti

On February 13, 2010 The News & Observer (Raleigh) featured the plight of 3 Haitians brought to North Carolina for medical treatment.

“The three burn patients entered the country as humanitarian parolees, a designation that lets them stay as long as care is needed. They were flown to North Carolina on January 26 when hospitals in Florida were strained with the massive influx of badly injured earthquake victims”.

“Once treatment ends, however, the patients may find a difficult path to permanent residency, immigration experts said”.

The American Immigration Lawyers Association’s Executive Director Crystal Williams said humanitarian parole can be renewed repeatedly, and the Haitian patients would likely remain in North Carolina for the long recovery period typical for burns. Even after they're discharged from the hospital, Cairns said, the Haitians will need rigorous rehabilitation that probably would not be available in their crumbled homeland.

Jack Pinnix, senior partner in Allen and Pinnix, P.A., is quoted as noting: “A more permanent solution is less likely. The Haitians would probably have to follow the same steps all other immigrants go through to establish legal residency, tapping some sort of sponsorship through an employer or a close family member”.

The News & Observer notes “Such avenues may not exist for the burn patients, who were plucked from the rubble almost randomly and, because of the nature of their injuries, hastened to the burn center in Chapel Hill.”

Although much aid has been sent to Haiti from a myriad of countries and individuals, numerous obstacles impede delivering it. Moreover, there continues to be concern that if the situation in Haiti destabilizes further, a mass exodus will occur. Federal officials repeatedly have stated that they want to prevent desperate Haitians from risking the dangerous journey to the United States on small boats bound to Florida, and DHS Secretary Janet Napolitano cautioned that Haitians who arrived to the U.S. after January 12, 2010 will not be eligible for TPS and will be repatriated to Haiti.

Carving out additional immediate relief for Haitian nationals not only makes sense but is the right thing to do.
 
 

Greater ‘Lead Time’ Needed to File H-1B Petitions With USCIS

Thursday, February 18, 2010

Allen and Pinnix is advising our business clients that they need to allow for greater ‘lead time’ to file H-1B petitions.

The statutory limitation was reached for H-1B filings subject to the “cap”, at the beginning of the filing period in both 2007 and 2008. In 2009, because of the recession, the 65,000 cap was not reached until late December; as early as April 17, 2009 the USCIS reported that 20,000 applications had been filed for the U.S. advanced degree holder cap. However, observers note that during the last quarter of the year there was a substantial increase in filing, which likely reflects a degree of economic recovery.

As the economy continues to recover, employers who need H-1B workers should assume that the quota will be reached much earlier than last year.

2009 saw U.S. Department of Labor (DOL) delays and intractable glitches in issuing Labor Condition Attestations (LCAs), a prerequisite to filing H-1B petitions. And, there are now new e-filing requirements for obtaining a prevailing wage determination that must be considered in calculating H-1B preparation time. Formerly, the prevailing wage was obtained through the State Workforce Agency (SWA), by mail or fax, and was generally received within 7 to 14 days.

Now, the prevailing wage determination must be obtained electronically from the U.S. Department of Labor. Because of this new requirement, it is anticipated that obtaining a prevailing wage determination could take a minimum of 30 days. Once the prevailing wage determination is received, a petitioning employer should allow an additional 7 days, assuming no errors at the Department of Labor , for processing the LCA.

This means that the prevailing wage request must be submitted electronically to DOL at least 45 days in advance of filing the H-1B petition with the U.S. Citizenship and Immigration Services.
 
 

THAI INDICTED FOR DEFRAUDING FOREIGN NATIONAL EMPLOYEES AND HARBORING ILLEGAL ALIENS

Friday, February 12, 2010

According to the U.S. Attorney for Colorato Opas Sinprasong, was indicted on February 10, 2010 on charges of defrauding his foreign national employees, harboring illegal aliens, and other immigration and tax related charges.

According to the indictment, Opas Sinprasong was a citizen of Thailand who was in the United States in E-2 status. While in the United States he ran Thai and Japanese restaurants.

From 2001 through 2008, Sinprasong sponsored Thai nationals’ admission to the United States as E-2 specialty workers for his restaurants.

The indictment alleges that Sinprasong typically paid the E-2 workers “under-the-table” while deducting portions of a $3,000 “visa preparation fee” and other fees from their payment check. Once these fees had been fully paid through such deductions, the defendant helped the Thai employees obtain Social Security numbers and then started to report a portion of their wages and placed them on the official payroll of the restaurants.

The indictment says that the defendant devised a scheme to defraud the Internal Revenue Service (IRS) and the Thai employees. As part of the scheme, Sinprasong allegedly used a duel payroll system whereby he concealed from his payroll records the substantial overtime hours he directed the Thai employees to work, which was typically between 26 and 32 hours of overtime each week. As a result, Sinprasongallegedly failed to report all of the wages paid to the Thai employees and failed to pay the Thai employees the overtime wages required by federal law. The defendant filed employer’s quarterly federal tax returns with the IRS as required, but the returns were materially false in that they failed to report the total wages paid to the Thai employees. By failing to report all of the wages paid to the Thai employees, the defendant evaded paying the employer’s portion of the Social Security and Medicare taxes due and owing on the unreported wages.

The indictment also alleges that Sinprasong filed false immigration applications and harbored illegal aliens.

If convicted, he faces not more than 20 years in federal prison and up to a $250,000 fine for each count of wire fraud. He faces not more than 5 years imprisonment, and up to a $250,000 fine for each count of failure to pay employee federal payroll taxes. Sinprasong faces not more than 10 years in federal prison, and up to a $250,000 fine for each count of false swearing in an immigration matter. Lastly, the defendant faces not more than 10 years imprisonment and a fine of not more than $250,000 for each count of harboring illegal aliens. Thew indictment also seeks forfeiture of property.
 
 

ABA Calls for the Creation of New Immigration Courts

Friday, February 12, 2010

The New York Times reports that on February 8, the American Bar Association “endorsed a recommendation for a separate immigration court system that would be similar to federal courts that decide tax cases”.

The Times notes “immigration courts are not courts at all in the way Americans generally think of them. They are part of the Department of Justice, not the federal judiciary, and the judges, although they wear robes and sit in formal courtrooms, are employees of the attorney general”.

"The courts have become 'an overwhelmed system choked by an exploding caseload,' said Lawrence Schneider, a principal author of the report, which was ordered 18 months ago by the association’s immigration commission, a nonpartisan panel of lawyers who monitor immigration laws and recommend changes."

“In 2008, the report found, Homeland Security agents detained 378,582 immigrants and deported more than 358,000. Last year, the report found, with enforcement continuing at a similar pace, 231 immigration judges heard more than 300,000 cases, an average of more than 1,200 for each judge, or about three times the load of federal district judges”.
 
 

Finding: Training Police to Enforce Immigration Law Doesn’t Make Communities Safer

Wednesday, February 03, 2010

The Immigration Policy Center (IPC) has issued an “ Immigration Fact Check” entitled "What Happens When Local Cops Become Immigration Agents?" The report concludes that 287(g) programs can be very costly to police departments. For instance, three months after Arizona Sheriff Joe Arpaio of Maricopia County partnered with Immigration and Customs Enforcement (ICE), the office created a $1.3 million deficit. By the end of the first month of the partnership, deputies began working 4,500 extra hours every two-week pay period (compared to 2,900 extra hours previously). In April 2007, deputies worked more than 9,000 overtime hours at a cost to the county of $373,757.

The report notes that staffing the immigration beat pulls police officers away from their other duties. In Maricopa County in 2006 and 2007, patrol cars arrived late two-thirds of the time on more than 6,000 of the most serious calls for service. In order to staff the immigration team, Sheriff Arpaio pulled deputies off patrol beats and used them to staff the human-smuggling unit. Every patrol district lost deputies. Armed with fewer deputies, the districts’ response times to emergency calls increased.
 
 

Remembering Ben Gim

Monday, February 01, 2010

Ben Gim, 87, a long time friend of the immigration attorneys at Allen and Pinnix and a former national president of the American Immigration Lawyers Association died on January 16, 2010. The following is from a tribute written by Ben's daughter Jennifer Fukui which was posted by AILA.

Ben was a “noted immigration lawyer and human rights advocate. . .a generous friend, a passionate advocate, a world traveler, and a sophisticated, yet understated gentleman.

“Born to Chinese immigrant parents, Y. Henry and Louise Gim, on September 22,1922. Ben spent his early childhood in Mackay, Idaho. The family moved to Salt Lake City at the onset of the Depression in 1929. Both of Ben's parents died before Ben reached teen age. Ben's older sister, Helen, kept the family of four siblings together through the Depression years.

“Ben . . . attended the University of Utah, where he was a star debater. He left college to serve for three years in the United States Army in the European theater during World War II.

“After the War, Ben enrolled in the University of Utah Law School. Whether apocryphal or not, Ben loved to tell the story of Dean of the University of Utah Law School advising Ben, after he had completed his first year with high marks, that Ben "did not have a Chinaman's chance" of practicing law successfully in Utah. Heeding this advice, Ben transferred to Columbia Law School in New York, graduating in 1949, with support of the GI Bill. Ben was always grateful to Eleanor Roosevelt.

“During his studies at Columbia, he was one of only two Asian students. When Ben graduated from law school, there were virtually no job opportunities for Asians in New York law firms. He only knew of two other Asian lawyers practicing in New York City at that time.

“After several interviews, a partner in a "white shoe" Wall Street firm told Ben that no firm would hire a Chinese lawyer. Thus, Ben took a job with the Treasury Department in the Bureau of Narcotics. He began his legal career as the first Assistant Attorney General for the State of New York of Asian ancestry. He then set up his own firm, Gim & Wong and practiced immigration law on Park Row in Chinatown, New York, for nearly 50 years. He did not set out to be an immigration lawyer, but that was the kind of lawyer the residents of Chinatown needed.

“In 1957, Ben was the first Asian American to argue a case before the United States Supreme Court. In 1990, the New York Law Journal published a profile of Ben and that case, which involved three Chinese kids claiming to be the children of a Chinese American man, who were kept on Ellis Island and threatened with deportation on the basis of discriminatory and technically flawed blood tests. During his career Ben argued a number of important immigration cases before the U.S. Supreme Court and the U.S. Court of Appeals for the Second Circuit.

“He was an immigration law lecturer at Columbia University Law School, the Practicing Law Institute, the Federal Bar Association and the State Bar Association of New York. He served as president of the American Immigration Lawyers Association in the mid-1970s, the first Asian American to do so. Throughout his career, Ben gave generously of his time as pro bono advocate for struggling immigrants and as a mentor for other immigration lawyers.

“In recognition of his many legal achievements, Ben was identified by the National Law Journal as one of the 20 best immigration lawyers in the United States. He was honored by numerous organizations, including the American Immigration Lawyers Association, the Asian American Legal Defense & Education Fund, the National Law Association, the Organization of Chinese Americans, the American College of Trial Lawyers and the Asian Pacific American Bar Association. The State of Texas made Ben and Honorary Texas Citizen.

“In honoring Ben, the American Immigration Law Foundation, said he was "a pioneer in his field, … a true role model. Ben's devotion to the cause has brought honor and respect to the immigrant experience in American. He will forever be an inspiration to us all." In awarding him the Wiley A. Branton Civil Rights Award, the National Bar Association, said that Ben was "on the cutting edge" of social and civil justice.

“Ben is survived by his wife Cindy, his daughter Karen, his daughter Jennifer Fukui, his brother Wever, his sister Betty, his brother-in-law Jun Kurumada, and numerous nephews and nieces. His parents, his sister Helen, and his first wife Alberta, preceded Ben in death".
 
 

State Department Helps Provide Information About U.S. Citizens in Haiti

Monday, January 25, 2010

To Ask For or Provide Information About U.S. Citizens in Haiti Email the Task Force at:

Haiti-Earthquake@State.Gov , OR

From the U.S. or Canada, call 888-407-4747;

Outside the U.S. and Canada, call 202-501-4444.

For U.S. Citizens in Haiti Seeking Assistance or Reporting Their Status/Whereabouts call the Embassy's Consular Task Force at 509-2229-8942, 509-2229-8089, 509-2229-8322, or 509-2229-8672

OR

Email the Embassy at ACSPaP@state.gov.

For All Nationalities and Locations use the Person Finder to find and share information about missing persons in Haiti.
 
 

Senate Hopeful Calls for Path to Citizenship for Contributing Foreign Nationals

Monday, January 25, 2010

Writing in The New York Times Sunday Op-Ed section, former Tennessee Congressman Harold Ford Jr. noted ”four simple steps we must take immediately to put us, and the nation, on a better course:

First, cut taxes for businesses — big and small — and find innovative ways to get Americans back to work.

Second, we should pass a more focused health reform bill that restructures current health care costs before spending more, prohibits insurance companies from denying coverage for pre-existing conditions, enacts responsible reform on malpractice suits and extends health coverage to all children.

Third, we should reform our immigration policy to ensure that those who contribute to our economy, especially foreign math and science graduates of American universities, have a clear path to citizenship.

Finally, we need to address budget deficits now rather than waiting for some ideal future economic situation.

Currently Ford is pondering a run for the U.S. Senate from New York.
 
 

BIA Allows Immigration Judges To Decide Portability Issues

Friday, January 22, 2010

On January 21, 2010 the Board of Immigration Appeals (BIA) issued a decision which expanded the powers of immigration judges who are considering deportation of individuals with approved work-related visa petitions and who have pending permanent residence applications; Matter of Neto. The issue was whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs.

In Neto the Board overrules an earlier BIA decision that denied judges this authority and will now allow them to decide whether a new job is acceptable.

The American Immigration Council's (AIC) Legal Action Center filed an amicus brief in the case. Mary Kenney an AIC attorney said the decision ”will impact hundreds if not thousands of individuals in removal proceedings and will ensure that they have a full and fair opportunity to demonstrate to an immigration judge that they are eligible to become legal permanent residents"
 
 

287(g): The Fall-Out

Tuesday, January 19, 2010

On January 19 The Herald-Sun (Durham) reported that at a recent Police Executive Research Forum held in the Research Triangle Park, Durham Police Chief Jose Lopez said the problem of undocumented immigrants being victimized by crime and then being too afraid to report it to police is of deep concern to him and other law officers nationwide.

Chief Lopez said fear among immigrants regarding reporting crime is prevalent nationwide. He noted that the problem exists in Durham, but has diminished.

"Many of these individuals don't report crimes now, but it could be a lot worse," Lopez said. "We've been very fortunate that this community has come forward to some extent. And we also have partners in this community who are trusted by the undocumented populations that we can go to, speak to and get messages to in order to keep them safer. And it also keeps other citizens safe in the city."

The Chief said it's unacceptable for undocumented immigrants to be targeted by criminals.

"They should not be victims of crime, and we are interested, because when an individual may attack an undocumented person, they're often only attacking that person because they believe they're undocumented. But it could be that they are attacking an American citizen, and not realizing it."

The forum is a national organization of police executives based in Washington.
 
 

SSA’s Policy on SSN Issuance for USCs Born to Undocumented Parents

Monday, January 18, 2010

The American Immigration Lawyers Association (AILA) recently obtained clarification from the Social Security Administration (SSA) regarding problems undocumented families have getting SSN cards issued to their U.S. citizen children.

AILA: Are SSNs issued automatically to USC children born in US hospitals?

SSA: Yes, if the parents choose Enumeration at Birth (EAB), which is a request made while mother and newborn are in the hospital.

AILA: Are there any restrictions on undocumented parents requesting or receiving SSNs or SSN cards for their USC children?

SSA: If the SSN is requested through Enumeration at Birth (EAB) then there are no restrictions.

AILA: What happens if a USC newborn is issued an SSN through Enumeration at Birth but the SSN Card is lost or misplaced?

SSA: A replacement SSN card can be issued but only a relative with acceptable evidence of identity can apply for a replacement card on behalf of the USC child.

AILA: Can a non-citizen parent without valid status apply for an SSN for his/her USC newborn outside an Enumeration at Birth request?

SSA: No. A person filing an application on behalf of a numberholder or someone entitled to be a numberholder must submit the same types of identification documents required for the numberholder. For non-citizens, U.S. immigration documents are the only acceptable type of identification document, unless the applicant meets the requirements to be issued a non-work-authorized SSN. Foreign passports are not acceptable unless they contain current immigration entries, such as an I-94 or a stamp or visa indicating it is temporary evidence of permanent resident status.

AILA: If Enumeration at Birth (EAB) was not utilized, what options are there for SSA to issue SSN and card to USC child if the parents are undocumented?

SSA: Another relative, who is able to submit documents SSA accepts, could apply, or the child can apply once he or she is old enough to sign his or her name (no age limits apply).
 
 

TPS for Haitians; Instructions for Adopting Parents

Monday, January 18, 2010

On January 15 the Administration announced that Haitian nationals in the United States, prior to the earthquake, will be eligible for Temporary Protected Status (TPS). The USCIS Director indicated that the registration process will begin upon official notice being published in the Federal Register, probably during the week of January 18.

The registration period will run for 180 days, and TPS eligibility will be for 18 months. Fees will be required for the I-821, the biometrics, and the I-765 if a work authorization is desired and the I-131 if travel permission (“advance parole”) is sought. Applicants may apply for fee waivers.

As proof of nationality, the USCIS is  primarily looking for a passport (an expired one is acceptable) or birth certificates. The USCIS has already indicated that secondary evidence would be considered.

The USCIS noted that, if adopting parents were in the Haiti at the time of the earthquake, they may go to the U.S. embassy to complete the adoption process, and the government of Haiti will waive the exit visa requirement. The Department of Homeland Security and the Department of State are working on the issues related to adoptions by parents not in Haiti. They urge parents not to travel to Haiti at this time.
 
 

DHS Secretary Announces Streamlined Citizenship Application Process for the Military

Friday, January 15, 2010

WASHINGTON—On January 15, Department of Homeland Security (DHS) Secretary Janet Napolitano  announced an expedited path to citizenship for persons serving in the armed forces.

“The foundation of our national security is the patriotic service and extraordinary sacrifices made by the men and women of our armed forces,” said Secretary Napolitano.

The change reduces the time requirements for naturalization through military service from three years to one year for applicants who served during peacetime, and extending benefits to members of the Selected Reserve of the Ready Reserve of the U.S. Armed Forces. Service members who have served honorably in an active-duty status or in the Selected Reserve of the Ready Reserve for any time since Sept. 11, 2001, can file immediately for citizenship.

Additional information for immigration programs available to the military may be found at: http://www.uscis.gov/military.
 
 

TPS for Haiti: NOW!

Wednesday, January 13, 2010

A personal note: Chuck Kuck AILA's immediate past President posted the following message earlier today. His thoughts closely mirror my own, and those of our colleagues across the country; I could not have said it better. President Obama has promised extensive humanatrian aid, there should be no delay, absolutely no delay, in granting TPS to Haitian citizens who are in the United States.

Haiti, the poorest nation in our hemisphere, and the one of poorest nations in the world, was hit by yet another natural disaster--a 7.0 earthquake. This after a Haiti has endured four major storms in 2008, from which it has yet to recover. Tropical Storm Fay and hurricanes Gustav, Hanna and Ike - pounded Haiti in August and September 2008, killing a total of 793 people and leaving more than 300 others missing, according to government figures. The country was also gripped by a tense political standoff in April 2008 amid riots over skyrocketing food prices. UN troops are a regular sight throughout much of the country.

Frankly, I cannot imagine a worse situation in a country. Certainly, if ever there were the need for a country and a people to be given a helping hand, this is the time, and this is the country. Attorney General Holder, Secretary Napolitano, Please grant TPS designation to Haitians currently in the United States. Temporarily stop deportations to Haiti. Give this country a chance at recovery, without burdening it further. Allow the nationals of that country currently in the United States to help that country recovery by allowing them to come forward and secure a work permission in the United States.

The reality is that failure to move forward with TPS Designation for Haiti now will be considered by many to be racist. Honduras has had TPS for YEARS since the one Hurricane which devastated that country. El Salvador has enjoyed such designation for numerous years as well since the earthquakes in that country. Yet, Haiti, which appears to be at the center of Mother Nature's wrath for the last 18 months, remains forsaken, its nationals abandoned.

Attorney General Holder, Secretary Napolitano, we are waiting. Do what is right and do it now.
 
 

Analysis: Short Sighted Immigration Policy Will Harm the Ecconomy and National Security

Friday, January 08, 2010

The New York Times reported yesterday that Shi Yigong (Dr. Shi), a former Princeton University molecular biologist is optimistic that China can meet is goal of reversing “the drain of top talent that accompanied its opening to the outside world over the past three decades.”

The Times article notes that: “China’s spending on research and development has steadily increased for a decade and now amounts to 1.5 percent of gross domestic product. The United States devotes 2.7 percent of it’s G.D.P. to research and development, but China’s share is far higher than that of most other developing countries”.

In less than two years Dr Shi’s Tsinghua University “ has recruited about 18 post-doctoral fellows, almost all from the United States. Each has opened an independent laboratory. Within a decade”, Shi predicted “Tsinghua’s life sciences department will expand fourfold”.

Senior Allen and Pinnix immigration specialist Jack Pinnix believes that this is but one indicator of the consequences of a short sighted U.S. immigration policy that risks our national security and economic development by frustrating the retention of the best and brightest of the world’s scientists and scholars. “Quota restrictions must be liberalized and the U.S. immigration laws reformed if the U.S. is to compete in the 21st century observed Pinnix.”
 
 

AILA Praises Comprehensive Immigration Reform Bill

Wednesday, December 23, 2009

In a statement issued on December 14, 2009 The American Immigration Lawyers Association (AILA) called Congressman Luis V. Gutierrez (D-IL) comprehensive immigration reform (CIR) bill “an important step in creating momentum for an overhaul of our nation's broken immigration system.

AILA said the bill “contains many core principles which immigration advocates consider vital to any comprehensive immigration reform bill, including a pathway to legalization for undocumented workers and students, family unity and labor provisions, smarter and more effective enforcement, and worker verification systems that work”.

"We know how dedicated Rep. Gutierrez is to immigration reform," commented AILA president Bernie Wolfsdorf. "Gutierrez has long been a strong and vocal leader in the CIR movement. We look forward to analyzing this new CIR bill and hope to work with him and other members of Congress to fix our nation's dysfunctional immigration system and help spur the country back to economic recovery."

AILA noted that, the Congressional Progressive Caucus, the Congressional Asian Pacific American Caucus and members of the Congressional Black Caucus immediately endorsed the bill “as a solution to both stem illegal immigration and promote legal migration that will protect and strengthen our nation's economic and national security”.
 
 

FY 2010 H-1B Cap Reached

Wednesday, December 23, 2009

On December 22 the United States Citizenship and Immigration Services (USCIS) announced that the H-1B cap for fiscal year 2010 has been reached with cap-subject H-1B cases received on and before December 21, 2009.

All cases received on December 21, 2009 will be subject to a computer-generated random selection process to determine which cases will be counted under the 2010 quota and which cases will be returned to the petitioner.
 
 

U.S. and Canadian Citizens Need Documentation to Enter the U.S.

Wednesday, December 02, 2009

The U.S. Department of Homeland Security Customs and Border Protection (CBP) reminds travelers that they will need approved travel documents to enter the United States when returning from the Vancouver 2010 Olympic Winter Games.

The Western Hemisphere Travel Initiative (WHTI) was implemented June 1, 2009 at land and sea ports of entry, requiring travelers--including U.S. and Canadian citizens-to present an approved travel document to establish identity and citizenship when entering the United States. The approved documents include a passport, a U.S. passport card, a NEXUS, SENTRI or FAST trusted traveler program card, and a state-or providence-issued enhanced driver's license. U.S. and Canadian citizen travelers under age 16, or under age 19 traveling in a school or other official group, need to present only a birth certificate as alternative proof of citizenship for entry into the United States.

WHTI document requirements for air travel have been in effect since January 2007. Almost all travelers flying back to the United States need to present a passport or NEXUS card.

The immigration attorneys at Allen and Pinnix, P.A. note that the CBP reminder is applicable to all entries from Canada.
 
 

ICE Policies Not Implemented

Tuesday, November 24, 2009

On November 22, 2009 The (Raleigh) News and Observer’s Kristin Collins reported that although the “federal government said it was revamping its deportation agreements with local sheriffs to focus on ridding the country of dangerous felons. . . . some North Carolina sheriffs who signed the agreements have not been asked to change their practices”.

“Lawyers and advocates say the controversial program. . . is operating virtually unchanged - resulting in the deportation of people charged with offenses as minor as disorderly conduct and driving without a license”.

“A month after the new agreements took effect, Wake County is still putting into deportation proceedings more illegal immigrants who were arrested on misdemeanor charges than those detained in felony cases.

"’We do the same thing if you're charged for murder or if you're charged with no operator's license,’" said Wake Sheriff Donnie Harrison , one of seven North Carolina sheriffs who have the program. ‘Nothing has changed for us’”.

“One North Carolina sheriff, Earl ‘Moose’ Butler of Cumberland County, declined to sign the new agreement and dropped out of the program. A public information officer for the Cumberland Sheriff's Office, said the program used county resources to help deport mostly minor criminals while largely failing to turn up dangerous felons or immigrants wanted for crimes in other states”.

According to the spokesman "The sheriff did not like the way the program was working. He said it was more of a headache than a working tool."
 
 

USCIS Explains Site "Visits"

Tuesday, November 24, 2009

On November 19, 2009 Ronald Atkinson, Chief of Staff of the United States Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security (FDNS) office, explained the three types of site visits that are currently being conducted:

1. Risk Assessment Program fraud study: for any type of benefit program-- eg. family and employment based--; this study is part of a joint program between USCIS and ICE. Applications and petitions are chosen at random, usually on a post-approval basis. The visits are to help in designing profiles identifying potential fraud.

2. Targeted site visits: where fraud is suspected. Consists of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.

3. Administrative site visits: for religious workers (I-129 and I-360) and H-1B petitions. They generally are conducted by contractors who are not knowledgable about immigration law.

For H-1B site visits, the contractors are equipped with a set of specific questions, and all employers/beneficiaries are asked the same questions, pertaining to whether there really is an employer, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Employers should receive only one visit, but may receive seperate visits for different sites.
 
 

ICE To Audit 1,000 Additional Employers

Friday, November 20, 2009

On November 19 Immigration and Customs Enforcement Director John Morton announced that ICE is expanding auditing companies that might have hired undocumented immigrants and had notified 1,000 companies that they would have to undergo a review.

ICE has implemented a new strategy to crack down on companies that rely on undocumented workers; the strategy also tries to reward companies that are checking the documentation of prospective workers.

Recently ICE audited 654 companies; to date 61 formal notices seeking fines have been issued; ICE says it is considering seeking fines from another 267 of the audited companies.

An audit includes checking all of the employer’s Employee Eligibility Verification Forms (I-9 form).
 
 

Homeland Security Needs Immigratrion Reform

Friday, November 13, 2009

On November 13 Department of Homeland Security Secretary Janet Napolitano spoke at the Center for American Progress about the need for immigration reform. She remarked that to secure the nation by enforcing the law and managing legal flows across the border as effectively as possible, DHS needs immigration reform. The following is from the Secretary's remarks:

While it's important to emphasize the need for immigration reform from an enforcement perspective, the need for reform stretches far beyond those reasons. We have to make sure the immigration system works to support American families, businesses and workers.

Our system must be strong enough to prevent illegal entry and to get criminal aliens off our streets and out of the country. But it must also be smart enough to reward the hard work and entrepreneurial spirit that immigrants have always brought to America—traits that have built our nation.

Requiring illegal immigrants to register to earn legal status. . .will strengthen our economy as these immigrants become full-paying taxpayers. As labor leaders have made clear to me, immigration reform will be a boon to American workers. Think about it: unions will never achieve the best terms for workers when a large part of the workforce is illegal and operates in a shadow economy. By contrast, the status quo not only hurts American workers, it also stifles potential opportunities to grow our economy.

Today, we have a system where America educates many of the brightest individuals from around the world, and then tells them to leave the country when many of them would rather start their own ventures or strengthen businesses right here in America. This hurts the economy for all of us, and it has to change.

Going forward, our visa policies must work for every sector of our economy, and across the income scale. In my meetings, leaders in agriculture, service industries and other fields have told me that current visa policies are hindering the growth of businesses looking to expand. To address this economic need, we need carefully crafted programs that allow American businesses to hire needed foreign workers while protecting the labor and health-and-safety rights of all workers. We need to revise our current provisions for legal migration to help assure a legal workforce in cases where businesses can't find Americans to fill their jobs. These changes will make our economy stronger and more prosperous at all levels.

Community and faith leaders have also emphasized to me that we need reform because of how difficult the current laws can be on families, especially families of mixed legal status. Our immigration system is outdated where families are concerned, and we need to modernize and streamline the laws governing this process.

No one should have to wait in a line for years in order to reunite with a spouse or a young child. And we must protect the families of our men and women in the armed forces, some of whom volunteer to serve this country before they even become naturalized citizens. These individuals risk their lives to ensure the safety of all Americans. We have a duty to ensure that their families are treated with dignity when their soldiers return from combat.

I have had the honor of administering the oath of citizenship to active-duty personnel who had been serving our country long before I swore them in. These men and women are a reminder, as the President told them on the day of their swearing-in, that America is not just "a collection of rights," but also "a set of responsibilities...it depends on each of us doing our part"

So we all have to do our part to have a system that works. At the end of the day, when it comes to immigration, people need to be able to trust the system. Americans need to know that their government is committed to enforcing the law and securing the border—and that it takes this responsibility seriously. Law enforcement needs to have better legal tools and the necessary resources to deal with border-related and immigration-related crime. Businesses must be able find the workers they need here in America, rather than having to move overseas. Immigrants need to be able to plan their lives—they need to know that once we reform the laws, we're going to have a system that works, and that the contours of our immigration laws will last. And they need to know that they will have as many responsibilities as they do rights.

The President is committed to this issue because the need for immigration reform is so clear.
 
 

Lou Dobbs = CORROSIVE

Friday, November 13, 2009

In a November 13 editorial the New York Times noted Lou Dobbs's sudden departure from CNN:

"He calls himself Mr. Independent, but he is far closer in style and method to the right-wing ranters who mold the facts to shape the argument on television and on AM radio, where Mr. Dobbs still has a show. Mr. Dobbs’s CNN program has long been a nesting ground for untruths and conspiracy theories: fretting over a nonexistent, immigrant-borne leprosy epidemic; questioning President Obama’s citizenship; issuing dark warnings about the “North American Union,” a supposed plot to strangle United States sovereignty.

It’s hard to pinpoint how much damage these kinds of ideas have done to the national discussion of illegal immigration, but they have been corrosive. Solutions have withered as many politicians parrot the central myth that people desperate to seek new lives in the United States are an affliction to be feared, not an opportunity to be engaged, future Americans who could enrich the country as immigrants always have and will."
 
 

Administration Alters 287(g) Program; An Update of North Carolina Programs

Monday, October 19, 2009

The New York Times reports that on October 16 the Obama administration unveiled changes to the 287(g) program that allows state and local police officers to enforce federal immigration law. The changes “require law enforcement officers enrolled in the program to abide by federal anti-discrimination law. In addition, federal officials pledged to supervise the program more closely, flag problems and field complaints from the public”.

“Civil libertarians and immigration advocacy groups had complained that participating police agencies had unduly made targets of immigrants who commit relatively minor offenses, like traffic violators. There have also been widespread accusations that police officers have engaged in racial profiling.”

Officials said ICE had renewed agreements with 55 state and local law enforcement agencies.

North Carolina agreements signed by ICE and the partnering agency:

Durham Police Department Task Force
Cabarrus County Sheriff's Office Jail Enforcement
Gaston County Sheriff's Office Jail Enforcement
Mecklenburg County Sheriff's Office Jail Enforcement
Wake County Sheriff's Office Jail Enforcement
Alamance County Sheriff's Office Jail Enforcement
Henderson County Sheriff's Office Jail Enforcement

Agreement reached and await approval by supervisory authority:

Guilford County Sheriff's Office Task Force

Did not re-sign or withdrew during negotiations:

Cumberland County Sheriff’s Office Jail Enforcement
 
 

New York Times: 287(g) Rests on "Dishonest Premise"

Wednesday, October 14, 2009

In a October 12, 2009 editorial the New York Times commented on Arizona sheriff Joe Apargio and section 287(g): "rather than broadening the reach of law enforcement, using local police can cause immigrant crime victims to fear the police and divert the police from fighting crime. It leads to racial profiling, to Latino citizens and legal residents being asked for their papers. Responsible sheriffs and police chiefs across the country have looked at 287(g) and said no thanks."

"Programs like 287(g) rest on the dishonest premise that illegal immigrants are a vast criminal threat. But only a small percentage are dangerous felons. The vast majority are those whom President Obama has vowed to help get right with the law, by paying fines and earning citizenship. Treating the majority of illegal immigrants as potential Americans, not a criminal horde, is the right response to the problem."
 
 

Annual Diversity Immigrant Visa Program Entries Up

Wednesday, October 14, 2009

According to the Department of State’s Bureau of Consular Affairs In the first week of the 2011 Diversity Immigrant Visa Program {DV-2011), applicants from around the world submitted over 900,000 entries—a 63 percent increase over the same period last year. More than 13,000,000 entries are expected before the registration period ends.

The Department of State launched DV-2011 on October 2 and will conclude the registration period on November 30. This Congressionally -mandated program makes available 55,000 immigrant visas annually, drawn randomly from all entries and issued to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. Successful DV-2011 entrants will receive notification of their selection via mail between May and July, 2010, and will be permitted to commence the Immigrant Visa application process in October 2010. The deadline for visa issuance is September 30, 2011.

Full details are available at www.dvlottery.state.gov.
 
 

American Evangelicals Call For Action On immigration Reform.

Tuesday, October 13, 2009

On October 8, 2009 the Board of Directors of the National Association of Evangelicals (NAE), representing 40 denominations, scores of evangelical organizations and millions of American evangelicals, approved a resolution calling for action on immigration reform.

The NAE resolution recommends that immigration reform respect several fundamental principles, including:

• Immigrants should be treated with respect and mercy.

• National borders must be safeguarded with efficiency and respect for human dignity.

• Immigration laws should recognize the central importance of the family and provide for reduction in backlogs for family reunification.

• There should be a clear and workable system for legally admitting an adequate number of immigrants to meet both workforce and family reunification needs.

• There must be a sound, equitable process for currently undocumented immigrants who wish to assume the responsibilities and privileges of citizenship to earn legal status.

• There should be fair labor and civil laws for all who reside in the United States, reflecting the best of our nation’s heritage.

• Immigration enforcement must recognize due process of law, the sanctity of the human person and the incomparable value of family.
 
 

Sheriff Will Defy Justice Department

Monday, October 12, 2009


FOX News reports that Arizona sheriff Joe Arpaio “known for his hard-line immigration enforcement is vowing to press ahead with illegal immigrant” sweeps ”defying a revised Department of Homeland Security policy that takes away his federal authority to make such arrests”.

Arpaio is notorious among immigrant rights groups for his treatment of suspected illegal aliens once in custody. He is known for clothing inmates in pink underwear, making them work on chain gangs and subjecting them to other harsh conditions”.

“The Justice Department has been investigating his office over claims of discrimination and unlawful practices”.

Frank Sharry, director of advocacy group America's Voice, said that DHS should ‘pull the plug on bullies like Arpaio. It is making a historic mistake by lending the full force and legitimacy of the federal government to a rogue cop certain to go down in history as a serial violator of civil rights and an enemy of the Latino community.’"

 
 

Pinnix and Calder Named As "Best Lawyers"

Thursday, October 08, 2009


Allen and Pinnix, P.A. is pleased to announce that partners Jack Pinnix and Lynn Calder have been named to the 2010 edition of Best Lawyers in America, the oldest and most respected peer-review publication in the legal profession. This is the 19th year that Pinnix and Calder have been included among the Best Lawyers in America in the immigration category.

Selection for inclusion in Best Lawyers is based on an extensive annual peer-review survey.

According to Best Lawyers, Allen and Pinnix, P.A. tie for first ranking among North Carolina law firms in the Immigration Law category with 2 attorneys:

The Best Lawyers in America 2010
Allen & Pinnix


Ranked #1 in North Carolina in Immigration Law with 2 attorneys. (*)
Ranked #1 in Raleigh, NC in Immigration Law with 2 attorneys.

(*) Denotes tie with 1 or more other firm(s).

 
 

ICE: Current Policy Re Prosecution of Employers & I-9 Audits

Tuesday, October 06, 2009

On September 30, 2009 Immigration and Customs Enforcement (ICE) responded to a Freedom of Information Act request (FOIA) by the American Immigration Lawyers Association (AILA) regarding ICE’s current worksite enforcement policies.

The response revealed an ICE strategy designed to maximize the impact of its worksite enforcement efforts. Of particular interest is information pertaining to the criminal prosecution of employers:

The criminal prosecution of employers is a priority of ICE's worksite enforcement (WSE) program and interior enforcement strategy.

ICE is committed to targeting employers, owners, corporate managers, supervisors, and others in the management structure of a company for criminal prosecution through the use of carefully planned criminal investigations.

ICE offices should utilize the full range of reasonably available investigative methods and techniques, including but not limited to: use of confidential sources and cooperating witnesses, introduction of undercover agents, consensual and non­consensual intercepts and Form 1-9 audits.


ICE offices should consider the wide variety of criminal offenses that may be present in a worksite case. ICE offices should look for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering, and other such criminal conduct.


Absent exigent circumstances, ICE offices should obtain indictments, criminal arrest or search warrants, or a commitment from a U.S. Attorney's Office (USAO) to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite. In the absence of a timely commitment from a USAO, ICE offices should obtain guidance from ICE Headquarters prior to proceeding with a worksite enforcement operation.

ICE offices are instructed to “use administrative tools to advance criminal cases and, in the absence of criminal charges, to support the imposition of civil fines or other available penalties”. The most important administrative tool is the Notice of Inspection (NOI) and the resulting administrative Form 1-9 audit.


 
 

Immigrants Add Billions of Dollars and Thousands Of Jobs To NC

Monday, October 05, 2009

A recent report by the non-profit Immigration Policy Center documents the contribution of immigrants to North Carolina. According to the IPC report:
Latino and Asian entrepreneurs and consumers add billions of dollars and tens-of-thousands of jobs to North Carolina's economy.
. The 2008 purchasing power of North Carolina's Latinos totaled $11.9 billion—an increase of 1,314.2% since 1990. Asian buying power totaled S5.9 billion—an increase of 729.6% since 1990, according to the Seliu Center for Economic Growth at the University of Georgia.
. Spending by Latinos in North Carolina generated 89,600 spin-off jobs and an additional $2.4 billion in labor income, $455 million in state tax revenue, and $661 million in federal tax revenue, according to a study by researchers at the University of North Carolina-Chapel Hill
. North Carolina's 13,695 Asian-owned businesses had sales and receipts of $3.5 billion and employed 32,759 people in 2002, the last year for which data is available. The state's 9,043 Latino-owned businesses had sales and receipts of $1.8 billion and employed 11,615 people in 2002, according to the U.S. Census Bureau's Survey of Business Owners.
Immigrants are essential to North Carolina's economy as workers.
. Immigrants comprised 9% of the state's workforce in 2007 (or 415,214 workers), according to the U.S. Census Bureau
. Unauthorized immigrants comprised 5.3% of the state's workforce in 2008 (or 250,000 workers), according to a report by the Pew Hispanic Center.
. If all unauthorized immigrants were removed from North Carolina, the state would lose S14.5 billion in expenditures, $6.4 billion in economic output, and approximately 101,414 jobs, even accounting for adequate market adjustment time, according to a report by the Perrvman Group.
Naturalized Immigrants Excel Educationally.
. The number of immigrants in North Carolina with a college degree increased by 68.4% between 2000 and 2007, according to data from the Migration Policy Institute.
. 36.5% of North Carolina's foreign-born population age 25 and over who were naturalized U.S. citizens had at least a bachelor's degree in 2007. compared to 20.6% of noncitizens and 25.6% of native-born citizens.
. In North Carolina, 69.6% of all children between the ages of 5 and 17 in families that spoke a language other than English at home also spoke English "very well" as of 2007.

 
 

Flu Shots Urged For Immigrants

Wednesday, September 30, 2009


In its September 30th edition the paper quotes Jon Feere, legal policy analyst at the Center for Immigration Studies, which opposes taxpayer-funded health care for illegal immigrants and wants to reduce immigration: "We believe it's important that all people be vaccinated regardless of immigration status,"
Leaving 10 million to 12 million immigrants unvaccinated against the H1N1 virus, known as swine flu, would increase the risk to everyone and make it much harder to control a pandemic, says Kevin Fiscella, associate professor at the University of Rochester School of Medicine and Dentistry in New York.
"Whether you're legal or illegal, the flu virus doesn't discriminate, and neither do we," says Arleen Porcell-Pharr of the Centers for Disease Control and Prevention (CDC). The same recommendations to states regarding who should be vaccinated first (such as pregnant women and health care workers) would apply to immigrants, too, she says.

 
 

AILA: 'Worksite Enforcement Likely to Increase'

Friday, September 25, 2009


The American Immigration Lawyers Association notes that on August 19, 2009, the Department of Homeland Security (DHS) published notice in the Federal Register of its rescission of the safe-harbor procedures for employers who receive a no-match letter. Note: In July 2009, ICE issued more notices of inspection in one week than the Bush administration did in all of 2007.

AILA assumes that this aggressive worksite enforcement campaign will continue; consequently employers should be prepared for the next wave of inspection notices and administrative subpoenas.

 
 

Flawed Immigration Policy Fuels Skilled Workers Exodus

Monday, September 21, 2009

USA TODAY reports that a "growing number of highly skilled immigrants are leaving the US to take jobs in their native countries, particularly India and China. The International Monetary Fund projects that China's gross domestic product will grow by 7.5% this year and India's by 5.4%. In the US, the GDP is projected to contract by 2.6%".

"They see much more promise in the economic future of those countries," says Charles Hsu of Bay City Capital in San Francisco. "There's also a chance for them to move ahead much more rapidly in their careers."

"Many skilled immigrants don't want to leave but say immigration-related delays give them no choice".

"A maximum of 140,000 green cards are awarded on employment-based visas each year, and that quota is divided into categories for classes of workers and a set percentage for each country".

"Applicants from India and China face especially long waits because more of them apply, says Bill Hing, law professor at the University of California-Davis. 'Since there are more applicants than visas available each year, there's a carry-over to the next year,' he says".

Allen and Pinnix's senior immigration attorney Jack Pinnix notes that the trend is omnious and potentially irreversible, which will prove to be a significant detriment both to America's economic recovery and to its future prosperity.

 
 

Border Traffic Plunges Under Passport Policy

Friday, September 11, 2009

USA TODAY reports that the number of people crossing the northern and southern land borders into the USA has dropped sharply since a passport requirement began June 1. And that businesses in tourism-dependent border communities blame the policy for making a bad year worse.

The change is part of the Western Hemisphere Travel Initiative, an effort to make borders more secure after 9/11. The rules affect U.S. citizens entering by land or sea, who once could get across by simply declaring themselves citizens. The change also affects citizens of Canada and Bermuda, who previously did not have to show passports. The rules for Mexicans have not changed; they have long needed special border crossing cards or passports plus visas.

 
 

E-Verify Federal Contractor Rule Is Now Effective

Thursday, September 10, 2009

WASHINGTON— Effective September 8, 2009 federal contractors and subcontractors may be required to use the E-Verify system to verify their employees' eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause.

The E-Verify federal contractor rule extends use of the E-Verify system to cover federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Applicable federal contracts awarded and solicitations issued on or after September 8, 209 will include a clause committing government contractors to use E-Verify.

With certain exceptions, E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States.

More information on the program is available on the E-Verify Web site at www.dhs.gov/e-vcrify. E-Verify' customer support is also available by calling toll free (888) 464-4218.


 
 

AILF Mourns Ted Kennedy

Wednesday, August 26, 2009

The American Immigration Law Foundation issued the following statement upon the death of Senator Edward Kennedy:


America and the immigrant-rights community have lost one of their greatest champions. Senator Edward M. Kennedy's life-long commitment to civil rights extended from African Americans to the disabled to the millions of immigrants and refugees who come to our nation in search of a better life. In 2007, Senator Kennedy said "From Jamestown, to the Pilgrims, to the Irish, to today's workers, people have come to this country in search of opportunity. They have sought nothing more than a chance to work hard and bring a better life to themselves and their families. They come to our country with their hearts and minds full of hope."

Senator Kennedy was the driving force behind every significant piece of immigration legislation over the past 40-plus years. Most recently, Senator Kennedy co-authored a comprehensive immigration reform bill which failed to pass in 2007. Upon its defeat Senator Kennedy said, "Immigration reform is an opportunity to be true to our ideals as a nation. Our Declaration of Independence announces that all of us are created equal. Today, we failed to live up to that declaration for millions of men and women who live, work, and worship beside us. But our ideals are too strong to be held back for long."


"Senator Kennedy was a stalwart supporter of immigrants' rights. He understood our nation's responsibility to newcomers and spent his career fighting for better and more equitable treatment of all people," said Ben Johnson, Executive Director of the American Immigration Law Foundation. "As our work on immigration reform continues, Senator Kennedy's absence will be felt, but his commitment will never be forgotten."

"For immigration advocates, Senator Kennedy was a friend, visionary, and supreme strategist," said Mary Giovagnoli, Director of the Immigration Policy Center and a former Kennedy staffer. "He was the architect of the Refugee Act of 1980, fought back the worst excesses of the harsh 1996 immigration act, and most importantly, forged a plan for comprehensive immigration reform that continues to be the model for today's legislation.

The Senator's words resonate as the fight for fair and equitable treatment of America's immigrants continues. "We are in this struggle for the long haul...as we continue the battle, we will have ample inspiration in the lives of the immigrants all around us...we will begin anew to build the kinds of tough, fair, and practical reform worthy of our shared history as immigrants and as Americans."


 
 

President Obama Committed to 'Fair and Reasonable' Immigration Reform.

Friday, August 21, 2009

August 21 - At a meeting today hosted by DHS Secretary Janet Napolitano, and attended by some 130 immigrant advocates, business and labor leaders, and law enforcement representatives, President Barack Obama confirmed his commitment to fair and reasonable immigration reform.

"I was pleased to hear of the Secretary's intention to step up her leadership on immigration reform," said Crystal Williams, Acting Co-Executive Director of the American Immigration Lawyers Association, who participated in the meeting on behalf of AILA. "There cannot be effective enforcement of immigration laws until those laws are reformed to realistically address the needs of families, workers, and American business, and to promote our long-cherished values of fairness and due process."


 
 

Study Finds Legalization Could Save $180 Billion.

Wednesday, August 19, 2009

The Center for Trade Policy Studies has issued a report finding an immigration reform program which including legalization would save billions of dollars over the current policy of enforcement only. The Executive Summery of the report “Restriction or Legalization? Measuring the Economic Benefits of Immigration Reform” (by B. Dixon and Maureen T. Rimmer) states:

By the latest estimates, 8.3 million workers in the United States are illegal immigrants. Proposed policy responses range from more restrictive border and workplace enforcement to legalization of workers who are already here and the admission of new workers through a temporary visa program. Policy choices made by Congress and the president could have a major economic impact on the welfare of U.S. households. The study uses the model developed for the U.S. International Trade Commission to estimate the impact.

The model weighs the impact on such factors as public revenues and expenditures, the occupational mix and total employment of U.S. workers, the amount of capital owned by U.S. households, and price levels for imports and exports. This study finds that increased enforcement and reduced low-skilled immigration have a significant negative impact on the income of U.S. households. Modest savings in public expenditures would be more than offset by losses in economic output and job opportunities for more skilled American workers. A policy that reduces the number of low-skilled immigrant workers by 28.6 percent compared to projected levels would reduce U.S. household welfare by about 0.5 percent, or $80 billion.

In contrast, legalization of low-skilled immigrant workers would yield significant income gains for American workers and households. Legalization would eliminate smugglers’ fees and other costs faced by illegal immigrants. It would also allow immigrants to have higher productivity and create more openings for Americans in higherskilled occupations. The positive impact for U.S. households of legalization under an optimal visa tax would be 1.27 percent of GDP or $180 billion.

 
 

Census Finds Growing Power of Ethnic and Minority Voters

Friday, August 14, 2009


Washington D.C.- Census data released in July found tremendous growth in voting among Latino, Asian, and African-Americans. The Immigration Policy Center (IPC) has released "Latino and Asian Clout in the Voting Booth", showing the electoral power of racial and ethnic minorities increasing in the last four years.
The report finds:

· The number of Latino voters increased by 28.4% (or 2.2 million) from 7.6 million in 2004 to 9.8 million in 2008.

· The number of Asian voters increased by 21.3% (or 589,000) from 2.8 million in 2004 to 3.4 million in 2008.

· The number of black voters increased by 15.1% (or 2.1 million) from 14 million in 2004 to 16.1 million in 2008.

· In six of the nine states that went from "red" to "blue" in the 2008 election (Colorado, Florida, Indiana, Nevada, New Mexico, and North Carolina), the number of Latino and Asian voters significantly exceeded Barack Obama's margin of victory over John McCain.

 
 

MYTH: Immigrants Are a Threat to Workable Health Care Reform!

Monday, August 10, 2009

A new report "Health Care: Sharing the Costs, Sharing the Benefits" by the Immigration Policy Center calls it a myth that immigrants are a threat to workable health care reform.

U.S. citizens make up the majority of those who are uninsured. U.S. citizens make up the majority of the uninsured (78%), while legal and undocumented immigrants account for 22% of the nonelderly uninsured.

The report found that immigrants do not impose a disproportionate financial burden on the U.S. health care system. According to a July 2009 study in the American Journal of Public Health, immigrants use less medical care, and less expensive care, even when they have health insurance.

Immigrants' per-person medical expenditures were one-half to two-thirds less than U.S.-born citizens with similar characteristics. Health care costs for the average immigrant in America are 55% lower than health care costs for the average U.S.-born person. Another study found that, in 2005, average annual per capita health care expenditures for noncitizens were $1,797-versus $3,702 for U.S. citizens.

Recent immigrants were responsible for 1.4% of total public medical expenditures for adults in 2003, even though they constituted 5% of the population.

 
 
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