"While many Democrats publicly embrace comprehensive reform, most are privately rooting for inertia rather than tying themselves to any proposal that could be used against them in the midterms. The tough part for Obama, however, is that the Obama-Graham-Schumer summit is also being closely watched by Hispanic groups, who are demanding proof of action as a reward for their overwhelming support of Obama in 2008. With a massive March 21 pro-immigration reform rally planned for Washington, and Latinos the fastest-growing segment of the electorate, Obama can ill afford to alienate them. “For the Latino community in this country, it’s the civil rights issue of their time, so delay obviously adds to disillusionment,” said Sen. Robert Menendez (D-N.J.), a Cuban-American who has urged the administration to move more quickly. Immigration reform, he added, “would seal the community’s commitment to the Democratic Party.” That opinion is shared by a collection of Hispanic groups, who have pressured the White House in forceful terms, threatening to withdraw support if Obama doesn’t follow through on his commitment. But the appetite for a huge new push in immigration is as weak as it has been in years, with moderates like Sen. Susan Collins (R-Maine) — ranking member of the Homeland Security Committee — saying it’s not even on her radar. “I’m not even thinking about it,” she said." Politico, Mar. 10, 2010.
"Though comprehensive legislation would provide the best fix for the country's immigration system, administrative reforms can accomplish much in the interim, University of Virginia law professor David Martin said recently. Martin, who is on a leave of absence to serve as principal deputy counsel at the Department of Homeland Security, spoke to students and faculty at an March 1 event sponsored by the Immigration Law Program." UVA Today, Mar. 8, 2010.
"As President Barack Obama discusses immigration reform with congressional leaders, it is important to keep in mind that such reform would deliver a much-needed boost to the U.S. economy." Walter Ewing, Ph.D., Mar. 9, 2010.
"This week's White House showpiece meeting with Schumer and Graham [is] meant to say to Latinos and to immigration advocates, "I am still with you". But for Latinos, long accustomed to being courted, then shunted to the side, all it really says is: "Mañana."" Stewart J. Lawrence, Mar. 9, 2010.
"At least 160 Mexican business owners thinking about finding a new home country will gather at a Monterrey, Mexico, hotel Wednesday morning to attend a seminar covering topics such as the legal requirements and financial resources in Texas to opportunities such as franchises and a review of the resources available to help Mexicans adapt to the U.S. market.
Mexicans with enough money find it easy to move to and invest in the United States, thanks to a wide variety of visa categories, some established by the North American Free Trade Agreement, said San Antonio lawyer Robert Barnett." San Antonio Express-News, Mar. 8, 2010.
"Danny's Subway, a sandwich shop at 1950 W. Indian School Road in Phoenix, will close for two days this year- Easter and Thanksgiving - under the terms of an agreement in which company President Dan Rose conceded that the business knowingly hired an illegal worker." Arizona Republic, Mar. 10, 2010.
Ineffective assistance of counsel ("IAC") was an issue in an unpublished 4th Cir. case. Cert. was granted on Mar. 1, 2010 and the Supremes sent it back to the 4th Cir. for more work. Here's a drop with all the relevant links and documents. Hats off to Chuck Roth for taking it on!
"So far, more than 780 voters have sent over 2,800 messages to their elected representatives through 2gov, a nifty tool that channels Tweets to Congress. And 95 percent are supporting the bill." NextGov, Mar. 8, 2010.
"Most people think about Latinos when the conversation turns to illegal immigration, however there are more than 1 million undocumented Asians living in the U.S." Medill Reports, Mar. 8, 2010.
"Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services, cordially invites you to attend his quarterly meeting with stakeholders The meeting will be held Wednesday, March 17, 2010 @ 1:30 pm at the Tomich Conference Center, 111 Massachusetts Avenue, Northwest, Washington, DC."
"Senate committee yesterday killed legislation that would have required all Colorado businesses to use a federal database to verify the legal residential status of new hires." Denver Daily News, Mar. 4, 2010.
"We believe that fixing our broken immigration system requires legalizing the 11 million undocumented immigrants already living here, and also managing the future flow of illegal immigrants. That meanscreating ways for foreign workers to come to the U.S., such as temporary visas, while cracking down on illegal employment. E-Verify is, in theory at least, one of the best ways to do so, but the Westat report suggests that its rapid expansion is not yet justified." Los Angeles Times Editorial, Mar. 8, 2010.
"A local federal judge calls it the most "bizarre, Alice-in-Wonderland" scenario he ever has encountered in the world of government prosecutions. The U.S. attorney's office for the Eastern District of Tennessee is prosecuting nine illegal immigrants for the routine crime of using fake Social Security numbers to gain employment. Deportation is the routine punishment. But those same immigrants hold rare "U" visas, which give them immunity from being deported for at least four years, courtesy of the U.S. Department of Homeland Security. The immigrants were given "U" visas after an investigation revealed their employer severely exploited their illegal-worker status." Chattanooga Times Free Press, Mar. 9, 2010.
"Community leaders from around the nation held a news conference to express their objections to the immigration enforcement policies of the Obama administration. They talked about what they see as increased deportations and detentions taking place and its effects on families and communities. This event was hosted by the coalition called the Fair Immigration Reform Movement."C-SPAN, Mar. 8, 2010.
"Petitioners, who were minor children, contend that the BIA erred in affirming the
ruling of an Immigration Judge (the "IJ") that they were ineligible for TPS because they could not satisfy the eligibility
requirements of 8 U.S.C. § 1254a(c)(1)(A). As explained below, we reject their contentions and deny review." Ramos Cervantes v. Holder, Mar. 8, 2010.
“I don’t buy that at all,” Goodwin said of the statement. “I think it’s propaganda in the part of ICE. It’s just a PR move announcing that they’re going to do things differently, but the proof is in the pudding: Until I see action on the ground with actual changes, I won’t believe it. Have I seen any actual changes? No.” San Antonio Current, Mar. 6, 2010.
"Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the designation of Greece as a member of the Visa Waiver Program (VWP)—strengthening passenger information sharing and ensuring strict security standards while streamlining travel for Greek citizens visiting the United States." DHS, Mar. 9, 2010.
"I asked them for a legal reason for my being denied access to the courts that morning. None was offered. Instead, Asst. Warden Stansel said, "This investigation is for your safety." I said I thought it was great that they were doing an investigation but I didn't understand why this would prevent my access that day. What if I waived my safety concerns? He repeated that he had been ordered by his warden who had been ordered by someone else not to allow me in." Jacqueline Stevens, Mar. 9, 2010.
"Lawmakers voted down a bill Monday that would have required employers to screen workers using a federal background check system amid concerns it would add another burden to business owners." AP, Mar. 9, 2010.
"Leaders of nearly a dozen grass-roots immigrant rights groups excoriated President Obama and congressional Democrats on Monday, accusing them of moving too slowly to legalize the status of undocumented immigrants and citing a record number of deportations in 2009." WaPo, Mar. 9, 2010.
GAO Report, March 2010.
"Najmabadi has lived in this country for
twenty-three years as an entrepreneur, a small business owner, and a law-abiding member of her community. Because I believe that Najmabadi should be granted the chance to reopen her case to provide evidence regarding the persecution of individuals returned from the West to Iran, including “torture, flogging, executions, beheadings, and lashes,” I respectfully
dissent." Najmabadi v. Holder, Mar. 9, 2010.
"The smuggler threatened to kill 4-year-old Nayli if he didn't receive $11,500 from her parents -- immediately. He had sneaked the girl across the Mexican border nearly a month earlier and now was holding her for ransom somewhere near Los Angeles." LA Times, Mar. 9, 2010.
"Foreigners in the U.S. on student visas allegedly hired Eamonn Daniel Higgins to attend classes, write papers and take exams for them, authorities say." LA Times, Mar. 9, 2010.
Jan. 12, 2010.
"Attorney General Andrew Cuomo has successfully carried out a crusade against the fraud and deception of "immigration consultants" who take advantage of unknowing and vulnerable immigrants." Deborah Notkin, Mar. 7, 2010.
"We hold that the BIA erred in failing to apply disfavored group analysis to petitioners’ withholding claim because the record compels a finding that Christians in Indonesia are a disfavored group." Tampubolon v. Holder, Mar. 9, 2010. [Hats off to Vera Weisz!]
"The original removal order could not justify a conviction for illegal reentry because the government affirmatively and
prejudicially misled Arias-Ordonez as to his statutory right after his removal in absentia to seek to reopen his removal
proceedings. Nor could any of the subsequent reinstatements provide an independent basis for conviction of illegal reentry because they reinstated a removal that did not comply with due process. The judgment of the district court dismissing the indictment is AFFIRMED." U.S. v. Arias-Ordoñez, Mar. 8, 2010.
"Lawmakers working to craft a new comprehensive immigration bill have settled on a way to prevent employers from hiring illegal immigrants: a national biometric identification card all American workers would eventually be required to obtain." WSJ, Mar. 9, 2010.
Dagvadorj v. DeFleur, State of New York,
Supreme Court, Appellate Division, Third Judicial Department, February 25, 2010.
"Preview/summary of an article, Tyranny of Priority Dates, by Gary Endelman and Cyrus D. Mehta, forthcoming in Bender’s Immigration Bulletin, which was sent to USCIS Director Mayorkas. Mr. Mayorkas expressed interest in the ideas contained in Tyranny of Priority Dates at a stakeholder’s meeting between him and some of the members of the Alliance of Business Immigration Lawyers (ABIL), which included Cyrus D. Mehta, on March 3, 2010, in Washington, D.C."
"Once in place, watch for this national ID to regulate access to financial services, housing, medical care and prescriptions—and, of course, serve as an internal passport." Jim Harper, Mar. 9, 2010.
"While Los Angeles County is releasing hundreds of inmates early because of budget cuts, Orange County Sheriff Sandra Hutchens is trying to avoid similar cuts by importing hundreds of new detainees. She has won approval to negotiate with the federal government for the Orange County jail system to house more than 800 immigration detainees. In return, the county would receive $40 million a year -- money Hutchens said would be used to avoid cutbacks in the jails and possible layoffs of deputies." LA Times, Mar. 8, 2010.
"An Orange County man surrendered to federal authorities Monday morning after being charged with conspiracy for allegedly orchestrating a visa fraud scheme involving dozens of foreign students enrolled at institutions throughout Southern California, including several junior colleges and three California State University campuses. Foreign students from Saudi Arabia, the United Arab Emirates, Lebanon, Kuwait, Turkey, and Qatar allegedly paid thousands of dollars to the defendant and his associates to take college classes, exams and placement tests on their behalf so they could maintain their lawful immigration status as foreign students." ICE, Mar. 8, 2010.
"Inmates in a South Texas detention facility began a series of staggered hunger strikes in January, hoping for better conditions and fewer transfers, as advocates pleaded for the federal government to come through on failed promises to reform the immigrant-detention system. Those failings, they argue, prompted inmates at the facility, which sits less than 50 miles from Harlingen, to refuse food in protest of what they allege is mental and physical abuse, lack of medical care and near-nil access to legal resources." Texas Tribune, Mar. 9, 2010.
"U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked." USCIS, Mar. 8, 2010.
"Because most executive decisions in immigration matters are, by statute, discretionary, the power of immigration enforcement agencies goes largely unchecked. What is wrong with this? As Lord Acton famously stated, "Power tends to corrupt, and absolute power corrupts absolutely.""
"A pro-bono legal services organization has lodged a formal complaint with the U.S. Department of Justice about the demeanor of a Los Angeles immigration judge, who it says is rude and intemperate in cases involving unaccompanied children fighting deportation." Sandra Hernandez, LA Daily Journal, Mar. 8, 2010. Copyright 2010 Daily Journal Corp.
"Eduardo Galindo, who owns Luchita's restaurant in Cleveland, questions the need to crack down so hard on illegal restaurant workers. It's not like the dishwashers and busboys are taking a job from "some guy at KeyBank," he said. But he understands why authorities may have wanted to go after the owner of the Casa Fiestas, since it employed scores of workers." Plain Dealer, Mar. 8, 2010.
March 5, 2010 - H-2A Regulations Mailbox Open for Inquiries: "After the publication of the H-2A Final Rule addressing the Temporary Agricultural Employment of H-2A Aliens in the United States, the Department's Office of Foreign Labor Certification has reopened its H-2A Regulations mailbox for public inquiries. The interested public should direct all general inquiries regarding the H-2A program to the H-2A.Regulations@dol.gov mailbox. However, any case specific inquiries should be directed to the Chicago National Processing Center mailbox at TLC.Chicago@dol.gov."
"Let's be clear. If the meeting is just to "hear more," it's not going to cut it. With the Congressional legislative runway getting crowded and time running out before the November elections, it is time to land this plane. Monday's meeting must be followed by a clear, bipartisan proposal and a firm timeline for Senate action. Anything less will be regarded as more stalling by the tens of thousands coming to DC to march in two weeks." Clarissa Mtz. de Castro, Mar. 7, 2010.
"Its remoteness makes it all but inaccessible, even to judges, who often make decisions via television screens. Lawyers, for the low percentage of detainees who have them, must choose whether to be with the judge or their client." San Antonio Express-News, Mar. 8, 2010.
Transitioning to E-filing for Specific Benefit Request and Standard Form Types; March 12, 2010 @ 2:00pm EST. "The USCIS Office of Public Engagement invites you to participate in a stakeholder engagement to discuss the agency moving toward electronic filing for specific benefit request and standard form types."
"The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit."
DOS, March 2010.
DOS, undated.
"Today, the Center and PIRC released a toolkit for practitioners on cancellation of removal for lawful permanent residents (LPR), a form of relief available to certain lawful permanent residents (green card holders) facing removal." Mar. 5, 2010. [WARNING: the PDF toolkit is huge; 179 pages, 31MB.]
"Immigrants don’t stand in the way of economic growth—they actually feed it. Numerous economic studies from across the ideological spectrum show that immigrant workers are important to economic growth." Angela Maria Kelley, Gebe Martinez, Mar. 2, 2010.
March 2, 2010: H-2A Briefing Materials
"The Office of Foreign Labor Certification and the Wage and Hour Division have conducted 3 public briefings to advise stakeholders of the contents of the new H-2A Final Rule, which will be effective March 15, 2010."
STATE 010379, 02/10: "On November 13, 2009, the Department of Health and Human Services, Centers for Disease Control and Prevention (HHS/CDC) published a final notice in the Federal Register amending the criteria for vaccination requirements for U.S. immigration, eliminating the requirement to have human papillomavirus (HPV) or zoster vaccinations. The final notice became effective December 14, 2009. This message provides guidance to posts in handling cases affected by this change and provides questions and answers that posts can use with the public."
The Denver firm of Elkind Alterman Harston PC has a link to BIBDE on its website. Great idea! [Denver is my home town, and I shared office space with Phil Alterman from 1988-1996. He's a genius.]
Anil Kalhan, Drexel University - Earle Mack School of Law, Columbia Law Review Sidebar, Vol. 110, 2010.
Wendy Young and Megan McKenna, Kids In Need of Defense (“KIND”), 45 Harvard Civil Rights-Civil Liberties Law Review 247 (2010.)
"U.S. Citizenship and Immigration Services (USCIS) announced today the availability of two different grants designed to help prepare lawful permanent residents (LPRs) for citizenship and advance integration in the United States. This year’s program will make nearly $7 million available for citizenship education in communities across the country." USCIS, Feb. 25, 2010.
"The Executive Office for Immigration Review announced today that it has released its Fiscal Year 2009 Statistical Year Book." EOIR, Mar. 2, 2010.
IPC, Mar. 2, 2010.
Prepared by the NYATN Legal Subcommittee: Suzanne B. Seltzer / Klasko, Rulon, Stock & Seltzer LLP, Suzanne Tomatore / Immigrant Women and Child Project, ABCNY, Ivy Suriyopas / Asian American Legal Defense and Education Fund
Shonnie Ball / Safe Horizon, with invaluable assistance from: Aviania Iliadis & Laura Mathews; March 2010.
Graphics from "Disparities in Asylum Adjudication," by Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag, 60 STANFORD L. REV. 295 (2007).
"An inadmissibility finding by a U.S. Consular Officer is not necessarily the end of the road for aliens who wish to travel or immigrate to the United States. Various sections of the Immigration and Naturalization Act ("INA") provide waivers for most grounds of ineligibility, effectively allowing consular officials to "temper justice with mercy" by issuing restricted visas to aliens who would otherwise be barred from entering the United States." Brian Bolton, Jan. 2010.
"Ayuda has staff and offices in Washington D.C. and Sterling, VA. The annual budget for FY2010 ending September 30, 2010, is $1.6 million. Ayuda is seeking an Executive Director to report to the Board of Directors, lead a staff of 19 full-time members and numerous volunteers and interns, and to seek, identify, and nurture relationships with the organization’s donors and stakeholders."
"CLINIC will hold its 13th Annual Convening in New Orleans May 19-21, 2010 at the JW Marriott. The Annual Convening is CLINIC’s premier training event. It features insightful training, networking opportunities and updates on immigration law and issues. It also includes exciting opportunities for immigration service providers to discuss issues of importance to their work."
"OIL is convinced that S-E-G- retains precedential force in spite of its reopening. We are skeptical." Benjamin Casper, Director of the Pro Bono Litigation Project of the Immigrant Law Center of Minnesota, with Stephen Manning, AILA Amicus Committee chair.
"ILCM and Latham & Watkins are leading an effort to overturn Matter of S-E-G–. With the cooperation of the UNHCR and other organizations, we have asked Attorney General Eric Holder to intervene and reverse the BIA’s decision. This page provides important information and resources for attorneys litigating asylum cases impacted by Matter of S-E-G-."
"This spotlight focuses on Mexican immigrants residing in the United States, examining the population's size, flow, geographic distribution, and socioeconomic characteristics using data from the US Census Bureau's 2008 American Community Survey (ACS) and 2000 Decennial Census, and the Department of Homeland Security's Office of Immigration Statistics (OIS) for 2008." MPI, Feb. 2010.
"United States immigration laws are preventing many of the most talented immigrants in the world from migrating to the United States. On January 10, 2010, the United States Citizenship and Immigration Services (USCIS) released new data confirming that some prospective highly skilled immigrants from one country – India – may have to wait as much as 35 years to get a green card, unless Congress takes steps to change the current nationality based visa quota system and increases the annual quota."
""In considering the totality of the evidence, we find that the respondent's removal would cause his qualifying relative mother the degree of hardship required for a grant of cancellation of removal. We find that the respondent has satisfied his evidentiary burden of proof under the REAL ID Act based on the cumulative testimony and medical documentation provided."
Matter of X-, Feb. 26, 2010.
Tuesday, April 6, 2010 11:00 AM - 12:30 PM PDT. "This webinar will present information on the law regarding bond and detention from the perspective of assisting clients in obtaining release from custody following an ICE enforcement action. The panelists will include Stacy Tolchin, head of the Los Angeles office of the law firm Van Der Hout, Brigagliano, and Nightingale, and recipient of National Immigration Law Center's 2008 award for her work coordinating raids response in Los Angeles, and Trina Realmuto, staff attorney at the National Immigration Project, and former attorney consultant to the Legal Action Center of the American Immigration Counsel. Debbie Smith, staff attorney at Catholic Legal Immigration Network, will moderate the panel."
"My proposal calls for a minimum equity investment requirement of $40,000, provides foreign purchasers of US houses with immediate conditional residency and then permanent residency after three years of ownership, initially limits the number of visas that can be granted annually to 85,000, and allows foreign purchasers to rent out these houses if they choose to do so." Gregory S. Crespi,
Southern Methodist University (SMU) - Dedman School of Law, Feb. 2010.
"Hoffman Plastics, the poster child of immigration gone wrong, is popularly viewed as a case that imposed penalties unique to immigrant workers. The Supreme Court decision in Hoffman Plastics can relieve an employer that illegally fires an undocumented worker from owing back pay for violations of the National Labor Relations Act; however, the sad truth is, that rather than creating an injury unique to immigrants, Hoffman Plastics is better seen as part of the long American tradition of judicial hostility toward unions and labor law with roots in the 1930s and even earlier." Ellen Dannin, The Pennsylvania State University Dickinson School of Law, Feb. 2010.
USCIS, Feb. 25, 2010.
USCIS, Feb. 25, 2010.
"U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). The new form is dated “12/30/09,” and due to the changes, no previous versions of the form will be accepted 30 days after publication. In addition to the revised form, there are changes to filing locations." USCIS, Feb. 25, 2010.
"U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations." USCIS, Feb. 25, 2010.
9 FAM 40.6 EXHIBIT I, GROUNDS OF INADMISSIBILITY, AVAILABLE WAIVERS,
(CT:VISA-1395; 02-01-2010)
"This edition of the ASISTA Newsletter includes several new features, plus an update on conversations with Citizenship and Immigration Services on U visas. Gretchen Hunt, a longtime member of the National Network to End Violence Against Immigrant Women who lives and works in Kentucky, shares an innovative approach to encouraging law enforcement certifications in your state. Our new FAQ column extracts and shares answers to interesting or persistent questions from our technical assistance archive. The new Update column features news on system memoranda, regulations and decisions that may affect immigrant survivors of domestic
violence, sexual assault and trafficking."
"Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing." USCIS, Feb. 24, 2010.
Richard A. Boswell, 47 Harvard J. Leg. 175 (2010).
A campaign of the Detention Watch Network.
"Due primarily to identity fraud, the inaccuracy rate for unauthorized workers is approximately 54 percent." Westat, FINDINGS OF THE E-VERIFY PROGRAM EVALUATION, Dec. 2009.
"The latest salvo in the war against H-1B workers and their employers (and this time, they’ve thrown L-1’s in just for fun,) is the Economic Policy Institute’s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira’s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data."
Interactive list, including results of annual inspections. NYT, Feb. 2010.
EOIR, Jan. 2010.
"Disclosure Data files for FY 2009 are now available. The Foreign Labor Certification Data Center is the location of the Online Wage Library for prevailing wage determinations, and the disclosure databases for the temporary and permanent programs."
"It is increasingly common for immigration lawyers who lose circuit cases to get calls from lawyers offering a deal that is too good to be true. The callers say that at absolutely no cost to you or your client, they will prepare a costly petition for writ of certiorari and take over all of the work to handle the case at the Supreme Court. All you need to do is say yes, and they will take care of the rest. Like all deals that seem too good to be true, this one requires careful thought." Feb. 22, 2010. Nancy Morawetz, Professor of Clinical Law, New York University School of Law. Nancy coordinates the Supreme Court Immigration Law Working Group.
Hats off to Mark J. Newman! Jan. 29, 2010.
"Nijhawan is the first three steps that Wile E. Coyote takes off the cliff and then realizes that solid ground has disappeared."
"The Department is issuing this notice to announce that it has scheduled three public briefings to educate stakeholders,
program users, and other interested members of the public on changes to the
H–2A program made by the Final Rule and on applying for H–2A temporary labor certifications under the new regulations using the ETA Form 9142." Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010.
"Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends."
ICE, Nov. 9, 2009: "In all cases, any uncertainty about whether the evidence is probative of U.S. citizenship should weigh against detention."
"In order to better understand immigration detainers’ function and impact, the Immigration Policy Center (IPC) provides the following Fact Check to shed much needed light on this often misunderstood immigration enforcement tool." IPC, Feb. 2010.
"Being out on bond makes it much more likely that the individual will be able to find an attorney and get other assistance. In the case of the immigrants picked up in the Van Nuys raid, being released on bond allowed them to have their day in court. Many of them had remedies available to them." Maurice Belanger, Feb. 15, 2010.
"As the world community responds to the devastation caused by the January 12, 2010, earthquake in Haiti — which left an estimated 200,000 people dead and 1.5 million homeless — the role of immigration policy has emerged as a central consideration of the relief and reconstruction efforts." MPI, Feb. 16, 2010.
Michelle Chen, Feb. 16, 2010.
"This paper provides a brief history and background on the CAP program. It also includes a case study of CAP implementation in Travis County, Texas, which finds that the program has a negative impact on communities because it increases the community’s fear of reporting crime to police, is costly, and may encourage racial profiling." IPC, Feb. 2010.
"Visitors seek to provide a compassionate face and an affirmation of humanity in the midst of a dehumanizing scenario. We don’t visit as social workers or lawyers, but simply as friends."
"Since Streamline arrived in Arizona in 2008 it has morphed into a pipeline transferring millions in federal funds into the state’s anemic economy. Almost everyone involved in the program is lining their pockets with taxpayer money, from a controversial private prison company to a rapidly growing pool of courthouse criminal defense attorneys to the grim federal marshals who herd migrants in and out of the courtroom. Thanks to Streamline, the number of public defenders has nearly doubled in Tucson, the Border Patrol has bolstered its ranks with new agents and the local prison industry is booming. The program represents the entrenchment of a parallel nonproductive economy promoting abuse behind the guise of law enforcement and crime deterrence." Max Blumenthal, Feb. 14, 2010.
Carl Shusterman, Feb. 2010.
Nancy Morawetz, Alina Das, Feb. 4, 2010.
Fixing the Broken Employment Authorization Asylum Clock; Center for Immigrants' Rights at the Penn State Dickinson School of Law, American Immigration Council’s Legal Action Center, Feb. 12, 2010.
"I think it would be dangerously premature for critics of state immigration laws to let down their guard and jump to the conclusion that the 10th Circuit ruling was a death blow to such statutes. It is much more nuanced and complicated than that."
A collection of links related to the assertion that state and local law enforcement authorities have "inherent authority" to enforce the civil provisions of the INA.
Notes on the Parlak case by Russell Abrutyn, AILA Amicus Committee, Feb. 8, 2010.
DHS, Jan. 2010.
"I understand that legislation (LB 1001) has been filed in Nebraska to rescind your statute that accords in-state residency to certain undocumented residents who
attended state high schools. That statute is almost exactly the same as the law challenged in Kansas, and I urge you to reject any such attempts to overturn the statute." Jan. 28, 2010.
"The Immigration Courts run by the Executive Office of Immigration Review (“EOIR”) at the Department of Justice are bound by the language access requirements set out in DOJ’s 2002
Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient (“LEP”) Persons. At a minimum, they must provide competent interpretation for LEP individuals during all courtroom proceedings, and during all critical encounters outside the courtroom. Immigration Courts fall far short of this requirement by failing to provide interpretation for critical encounters, and by providing inaccurate interpretation." National Language Access Advocates Network (N-LAAN) – 02/02/10.
Ninth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law: LexisNexis® Matthew Bender® announces the Ninth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law to be presented at the 2010 AILA Conference in National Harbor, Maryland.
A member of the Editorial Board of Bender’s Immigration Bulletin, Daniel Levy died at the age of 48 on September 14, 2001, in Los Angeles after a long battle with cancer. Mr. Levy was a prolific author, litigator, and scholar, and was widely known and loved by many in the immigration bar. With this annual award LexisNexis Matthew Bender seeks to honor an individual who emulates the values that informed Mr. Levy’s life and work: enthusiastic advocacy on behalf of immigrant clients; deep scholarship in immigration law; and an expansive vision of justice. We welcome nominations of all persons (not only attorneys), who have been working on the local and/or state level, as well as those who are known on the national level, and those who have been quietly toiling on behalf of immigrants,
wherever they may be located. Readers are encouraged to forward nominations to Ellen Flynn at ellen.m.flynn@lexisnexis.com by April 15, 2010. Nominations should include as much information as possible about the nominee. The recipient will be selected by the Editorial Board of Bender’s Immigration Bulletin.
"On Thursday, March 18, 2010, Penn State University Dickinson School of Law will present "Immigration Adjudications: Court Reform and Beyond." Sponsored by Penn State Law's Center for Immigrants' Rights, the day-long symposium will feature four panels comprised of policymakers, academics, judges, and practitioners who will examine the state of immigration adjudications and debate proposed administrative and legislative solutions, including the creation of an independent immigration court."
Angie Junck, ILRC Staff Attorney, writes: "[Here is a link to a revised] practice advisory ... regarding the Ninth Circuit’s recent reconsideration and amendment of Anaya-Ortiz v. Holder. The Court held that notations on a California Abstract of Judgment Cannot Be Used to Characterize the Offense of Conviction Under the Modified Categorical Approach. Thanks to Kathy Brady for writing the practice advisory."
The Border's In My Pocket or: How I Learned To Stop Worrying And Love The National ID.
"A shadow prison industry has spread to all parts of the federal detention and prison system. It is, with a few exceptions, in complete charge of all immigrant imprisonment and detention at both DOJ and DHS. Because the shadow industry has evolved without a plan or strategy, it has become a bizarre, labyrinthine complex of public and private players that is little understood and frighteningly out of control." Tom Barry, Jan. 2010.
"The Commission requests comment on when, if at all, the collateral consequences of a defendant’s status as a non-citizen may warrant a downward departure. There are differences among the circuits on this issue. ... The Commission requests comment on when, if at all, a downward
departure may be appropriate in an illegal reentry case sentenced under § 2L1.2 on the basis of ‘‘cultural assimilation’’, that is, the defendant’s cultural ties to the United States. Several circuits have held that such a departure may be warranted. ... Written public comment regarding the
proposed amendments and issues for
comment set forth in this notice, including public comment regarding retroactive application of any of the proposed amendments, should be received by the Commission not later than March 22, 2010." Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010.
"The rust-colored, steel-and-cement wall has become a surreal fixture on Brownsville’s skyline. It cleaves downtown Hope Park, built as a symbol of unity between the United States and Mexico. It stops and starts, without rhyme or reason, along the Rio Grande River’s levees, leaving miles of gaps. It highlights the city’s economic divide: It’s the first thing folks in the poorer barrios see when they look out their windows, while richer folks enjoy unaltered views of palm trees and manicured fairways when they tee off on private golf courses. It zigs and zags through residents’ backyards, through citrus orchards—an ugly red scar on a green, subtropical landscape." Melissa del Bosque, Texas Observer, Jan. 22, 2010.
"In response to the tragic earthquake in Haiti and the ensuing humanitarian crisis, AILA has pulled together a comprehensive list of resources on pro bono efforts nationwide. Resources for AILA chapters and non-profit legal service providers who wish to host pro bono TPS clinics are here, as well as a calendar of pro bono events and clinics. If you have additional resources to post, please contact Susan Timmons, AILA Pro Bono Associate. This page is open to the public and does not require AILA membership."
"On the one-year anniversary of implementing the Electronic System for Travel Authorization, the Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S.-bound travelers from Visa Waiver Program countries of the ESTA requirement. Beginning January 20, CBP will initiate a 60-day transition to enforced ESTA compliance for air carriers; VWP travelers without an approved ESTA may not be allowed to board a U.S.-bound plane." CBP, Jan. 19, 2010.
Broadcast premiere March 23, 2010 on PBS;
Augie and Gino were living the American dream––raised and educated in the United States and proud veterans of the military. But in 1999, these two brothers were forced to leave the only country they’d ever known and had pledged to protect. Follow filmmaker Monika Navarro on her familial journey across the border to Mexico as she pieces together the tragic events of her uncles’ deportation and opens a Pandora’s box of family secrets."
March 17-18, 2010; Georgetown University Hotel and Conference Center, Washington, DC; Panelists will include experts on human trafficking from service provider agencies (social and legal), law enforcement, and government agencies.
"Search the last ten years of State & Federal Courts and U.S. Supreme Court from 1781 to present." [Click on the Free Case Law tab.]
A one-day immigration symposium sponsored by PENN STATE LAW’S Center for Immigrants’ Rights, Thursday, March 18, 2010.
"While many Democrats publicly embrace comprehensive reform, most are privately rooting for inertia rather than tying themselves to any proposal that could be used against them in the midterms. The tough part for Obama, however, is that the Obama-Graham-Schumer summit is also being closely watched by Hispanic groups, who are demanding proof of action as a reward for their overwhelming support of Obama in 2008. With a massive March 21 pro-immigration reform rally planned for Washington, and Latinos the fastest-growing segment of the electorate, Obama can ill afford to alienate them. “For the Latino community in this country, it’s the civil rights issue of their time, so delay obviously adds to disillusionment,” said Sen. Robert Menendez (D-N.J.), a Cuban-American who has urged the administration to move more quickly. Immigration reform, he added, “would seal the community’s commitment to the Democratic Party.” That opinion is shared by a collection of Hispanic groups, who have pressured the White House in forceful terms, threatening to withdraw support if Obama doesn’t follow through on his commitment. But the appetite for a huge new push in immigration is as weak as it has been in years, with moderates like Sen. Susan Collins (R-Maine) — ranking member of the Homeland Security Committee — saying it’s not even on her radar. “I’m not even thinking about it,” she said." Politico, Mar. 10, 2010.
"Though comprehensive legislation would provide the best fix for the country's immigration system, administrative reforms can accomplish much in the interim, University of Virginia law professor David Martin said recently. Martin, who is on a leave of absence to serve as principal deputy counsel at the Department of Homeland Security, spoke to students and faculty at an March 1 event sponsored by the Immigration Law Program." UVA Today, Mar. 8, 2010.
"As President Barack Obama discusses immigration reform with congressional leaders, it is important to keep in mind that such reform would deliver a much-needed boost to the U.S. economy." Walter Ewing, Ph.D., Mar. 9, 2010.
"This week's White House showpiece meeting with Schumer and Graham [is] meant to say to Latinos and to immigration advocates, "I am still with you". But for Latinos, long accustomed to being courted, then shunted to the side, all it really says is: "Mañana."" Stewart J. Lawrence, Mar. 9, 2010.
"At least 160 Mexican business owners thinking about finding a new home country will gather at a Monterrey, Mexico, hotel Wednesday morning to attend a seminar covering topics such as the legal requirements and financial resources in Texas to opportunities such as franchises and a review of the resources available to help Mexicans adapt to the U.S. market.
Mexicans with enough money find it easy to move to and invest in the United States, thanks to a wide variety of visa categories, some established by the North American Free Trade Agreement, said San Antonio lawyer Robert Barnett." San Antonio Express-News, Mar. 8, 2010.
"Danny's Subway, a sandwich shop at 1950 W. Indian School Road in Phoenix, will close for two days this year- Easter and Thanksgiving - under the terms of an agreement in which company President Dan Rose conceded that the business knowingly hired an illegal worker." Arizona Republic, Mar. 10, 2010.
Ineffective assistance of counsel ("IAC") was an issue in an unpublished 4th Cir. case. Cert. was granted on Mar. 1, 2010 and the Supremes sent it back to the 4th Cir. for more work. Here's a drop with all the relevant links and documents. Hats off to Chuck Roth for taking it on!
"So far, more than 780 voters have sent over 2,800 messages to their elected representatives through 2gov, a nifty tool that channels Tweets to Congress. And 95 percent are supporting the bill." NextGov, Mar. 8, 2010.
"Most people think about Latinos when the conversation turns to illegal immigration, however there are more than 1 million undocumented Asians living in the U.S." Medill Reports, Mar. 8, 2010.
"Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services, cordially invites you to attend his quarterly meeting with stakeholders The meeting will be held Wednesday, March 17, 2010 @ 1:30 pm at the Tomich Conference Center, 111 Massachusetts Avenue, Northwest, Washington, DC."
"Senate committee yesterday killed legislation that would have required all Colorado businesses to use a federal database to verify the legal residential status of new hires." Denver Daily News, Mar. 4, 2010.
"We believe that fixing our broken immigration system requires legalizing the 11 million undocumented immigrants already living here, and also managing the future flow of illegal immigrants. That meanscreating ways for foreign workers to come to the U.S., such as temporary visas, while cracking down on illegal employment. E-Verify is, in theory at least, one of the best ways to do so, but the Westat report suggests that its rapid expansion is not yet justified." Los Angeles Times Editorial, Mar. 8, 2010.
"A local federal judge calls it the most "bizarre, Alice-in-Wonderland" scenario he ever has encountered in the world of government prosecutions. The U.S. attorney's office for the Eastern District of Tennessee is prosecuting nine illegal immigrants for the routine crime of using fake Social Security numbers to gain employment. Deportation is the routine punishment. But those same immigrants hold rare "U" visas, which give them immunity from being deported for at least four years, courtesy of the U.S. Department of Homeland Security. The immigrants were given "U" visas after an investigation revealed their employer severely exploited their illegal-worker status." Chattanooga Times Free Press, Mar. 9, 2010.
"Community leaders from around the nation held a news conference to express their objections to the immigration enforcement policies of the Obama administration. They talked about what they see as increased deportations and detentions taking place and its effects on families and communities. This event was hosted by the coalition called the Fair Immigration Reform Movement."C-SPAN, Mar. 8, 2010.
"Petitioners, who were minor children, contend that the BIA erred in affirming the
ruling of an Immigration Judge (the "IJ") that they were ineligible for TPS because they could not satisfy the eligibility
requirements of 8 U.S.C. § 1254a(c)(1)(A). As explained below, we reject their contentions and deny review." Ramos Cervantes v. Holder, Mar. 8, 2010.
“I don’t buy that at all,” Goodwin said of the statement. “I think it’s propaganda in the part of ICE. It’s just a PR move announcing that they’re going to do things differently, but the proof is in the pudding: Until I see action on the ground with actual changes, I won’t believe it. Have I seen any actual changes? No.” San Antonio Current, Mar. 6, 2010.
"Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the designation of Greece as a member of the Visa Waiver Program (VWP)—strengthening passenger information sharing and ensuring strict security standards while streamlining travel for Greek citizens visiting the United States." DHS, Mar. 9, 2010.
"I asked them for a legal reason for my being denied access to the courts that morning. None was offered. Instead, Asst. Warden Stansel said, "This investigation is for your safety." I said I thought it was great that they were doing an investigation but I didn't understand why this would prevent my access that day. What if I waived my safety concerns? He repeated that he had been ordered by his warden who had been ordered by someone else not to allow me in." Jacqueline Stevens, Mar. 9, 2010.
"Lawmakers voted down a bill Monday that would have required employers to screen workers using a federal background check system amid concerns it would add another burden to business owners." AP, Mar. 9, 2010.
"Leaders of nearly a dozen grass-roots immigrant rights groups excoriated President Obama and congressional Democrats on Monday, accusing them of moving too slowly to legalize the status of undocumented immigrants and citing a record number of deportations in 2009." WaPo, Mar. 9, 2010.
GAO Report, March 2010.
"Najmabadi has lived in this country for
twenty-three years as an entrepreneur, a small business owner, and a law-abiding member of her community. Because I believe that Najmabadi should be granted the chance to reopen her case to provide evidence regarding the persecution of individuals returned from the West to Iran, including “torture, flogging, executions, beheadings, and lashes,” I respectfully
dissent." Najmabadi v. Holder, Mar. 9, 2010.
"The smuggler threatened to kill 4-year-old Nayli if he didn't receive $11,500 from her parents -- immediately. He had sneaked the girl across the Mexican border nearly a month earlier and now was holding her for ransom somewhere near Los Angeles." LA Times, Mar. 9, 2010.
"Foreigners in the U.S. on student visas allegedly hired Eamonn Daniel Higgins to attend classes, write papers and take exams for them, authorities say." LA Times, Mar. 9, 2010.
Jan. 12, 2010.
"Attorney General Andrew Cuomo has successfully carried out a crusade against the fraud and deception of "immigration consultants" who take advantage of unknowing and vulnerable immigrants." Deborah Notkin, Mar. 7, 2010.
"We hold that the BIA erred in failing to apply disfavored group analysis to petitioners’ withholding claim because the record compels a finding that Christians in Indonesia are a disfavored group." Tampubolon v. Holder, Mar. 9, 2010. [Hats off to Vera Weisz!]
"The original removal order could not justify a conviction for illegal reentry because the government affirmatively and
prejudicially misled Arias-Ordonez as to his statutory right after his removal in absentia to seek to reopen his removal
proceedings. Nor could any of the subsequent reinstatements provide an independent basis for conviction of illegal reentry because they reinstated a removal that did not comply with due process. The judgment of the district court dismissing the indictment is AFFIRMED." U.S. v. Arias-Ordoñez, Mar. 8, 2010.
"Lawmakers working to craft a new comprehensive immigration bill have settled on a way to prevent employers from hiring illegal immigrants: a national biometric identification card all American workers would eventually be required to obtain." WSJ, Mar. 9, 2010.
Dagvadorj v. DeFleur, State of New York,
Supreme Court, Appellate Division, Third Judicial Department, February 25, 2010.
"Preview/summary of an article, Tyranny of Priority Dates, by Gary Endelman and Cyrus D. Mehta, forthcoming in Bender’s Immigration Bulletin, which was sent to USCIS Director Mayorkas. Mr. Mayorkas expressed interest in the ideas contained in Tyranny of Priority Dates at a stakeholder’s meeting between him and some of the members of the Alliance of Business Immigration Lawyers (ABIL), which included Cyrus D. Mehta, on March 3, 2010, in Washington, D.C."
"Once in place, watch for this national ID to regulate access to financial services, housing, medical care and prescriptions—and, of course, serve as an internal passport." Jim Harper, Mar. 9, 2010.
"While Los Angeles County is releasing hundreds of inmates early because of budget cuts, Orange County Sheriff Sandra Hutchens is trying to avoid similar cuts by importing hundreds of new detainees. She has won approval to negotiate with the federal government for the Orange County jail system to house more than 800 immigration detainees. In return, the county would receive $40 million a year -- money Hutchens said would be used to avoid cutbacks in the jails and possible layoffs of deputies." LA Times, Mar. 8, 2010.
"An Orange County man surrendered to federal authorities Monday morning after being charged with conspiracy for allegedly orchestrating a visa fraud scheme involving dozens of foreign students enrolled at institutions throughout Southern California, including several junior colleges and three California State University campuses. Foreign students from Saudi Arabia, the United Arab Emirates, Lebanon, Kuwait, Turkey, and Qatar allegedly paid thousands of dollars to the defendant and his associates to take college classes, exams and placement tests on their behalf so they could maintain their lawful immigration status as foreign students." ICE, Mar. 8, 2010.
"Inmates in a South Texas detention facility began a series of staggered hunger strikes in January, hoping for better conditions and fewer transfers, as advocates pleaded for the federal government to come through on failed promises to reform the immigrant-detention system. Those failings, they argue, prompted inmates at the facility, which sits less than 50 miles from Harlingen, to refuse food in protest of what they allege is mental and physical abuse, lack of medical care and near-nil access to legal resources." Texas Tribune, Mar. 9, 2010.
"U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked." USCIS, Mar. 8, 2010.
"Because most executive decisions in immigration matters are, by statute, discretionary, the power of immigration enforcement agencies goes largely unchecked. What is wrong with this? As Lord Acton famously stated, "Power tends to corrupt, and absolute power corrupts absolutely.""
"A pro-bono legal services organization has lodged a formal complaint with the U.S. Department of Justice about the demeanor of a Los Angeles immigration judge, who it says is rude and intemperate in cases involving unaccompanied children fighting deportation." Sandra Hernandez, LA Daily Journal, Mar. 8, 2010. Copyright 2010 Daily Journal Corp.
"Eduardo Galindo, who owns Luchita's restaurant in Cleveland, questions the need to crack down so hard on illegal restaurant workers. It's not like the dishwashers and busboys are taking a job from "some guy at KeyBank," he said. But he understands why authorities may have wanted to go after the owner of the Casa Fiestas, since it employed scores of workers." Plain Dealer, Mar. 8, 2010.
March 5, 2010 - H-2A Regulations Mailbox Open for Inquiries: "After the publication of the H-2A Final Rule addressing the Temporary Agricultural Employment of H-2A Aliens in the United States, the Department's Office of Foreign Labor Certification has reopened its H-2A Regulations mailbox for public inquiries. The interested public should direct all general inquiries regarding the H-2A program to the H-2A.Regulations@dol.gov mailbox. However, any case specific inquiries should be directed to the Chicago National Processing Center mailbox at TLC.Chicago@dol.gov."
"Let's be clear. If the meeting is just to "hear more," it's not going to cut it. With the Congressional legislative runway getting crowded and time running out before the November elections, it is time to land this plane. Monday's meeting must be followed by a clear, bipartisan proposal and a firm timeline for Senate action. Anything less will be regarded as more stalling by the tens of thousands coming to DC to march in two weeks." Clarissa Mtz. de Castro, Mar. 7, 2010.
"Its remoteness makes it all but inaccessible, even to judges, who often make decisions via television screens. Lawyers, for the low percentage of detainees who have them, must choose whether to be with the judge or their client." San Antonio Express-News, Mar. 8, 2010.
Transitioning to E-filing for Specific Benefit Request and Standard Form Types; March 12, 2010 @ 2:00pm EST. "The USCIS Office of Public Engagement invites you to participate in a stakeholder engagement to discuss the agency moving toward electronic filing for specific benefit request and standard form types."
"The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit."
DOS, March 2010.
DOS, undated.
"Today, the Center and PIRC released a toolkit for practitioners on cancellation of removal for lawful permanent residents (LPR), a form of relief available to certain lawful permanent residents (green card holders) facing removal." Mar. 5, 2010. [WARNING: the PDF toolkit is huge; 179 pages, 31MB.]
"Immigrants don’t stand in the way of economic growth—they actually feed it. Numerous economic studies from across the ideological spectrum show that immigrant workers are important to economic growth." Angela Maria Kelley, Gebe Martinez, Mar. 2, 2010.
March 2, 2010: H-2A Briefing Materials
"The Office of Foreign Labor Certification and the Wage and Hour Division have conducted 3 public briefings to advise stakeholders of the contents of the new H-2A Final Rule, which will be effective March 15, 2010."
STATE 010379, 02/10: "On November 13, 2009, the Department of Health and Human Services, Centers for Disease Control and Prevention (HHS/CDC) published a final notice in the Federal Register amending the criteria for vaccination requirements for U.S. immigration, eliminating the requirement to have human papillomavirus (HPV) or zoster vaccinations. The final notice became effective December 14, 2009. This message provides guidance to posts in handling cases affected by this change and provides questions and answers that posts can use with the public."
The Denver firm of Elkind Alterman Harston PC has a link to BIBDE on its website. Great idea! [Denver is my home town, and I shared office space with Phil Alterman from 1988-1996. He's a genius.]
Anil Kalhan, Drexel University - Earle Mack School of Law, Columbia Law Review Sidebar, Vol. 110, 2010.
Wendy Young and Megan McKenna, Kids In Need of Defense (“KIND”), 45 Harvard Civil Rights-Civil Liberties Law Review 247 (2010.)
"U.S. Citizenship and Immigration Services (USCIS) announced today the availability of two different grants designed to help prepare lawful permanent residents (LPRs) for citizenship and advance integration in the United States. This year’s program will make nearly $7 million available for citizenship education in communities across the country." USCIS, Feb. 25, 2010.
"The Executive Office for Immigration Review announced today that it has released its Fiscal Year 2009 Statistical Year Book." EOIR, Mar. 2, 2010.
IPC, Mar. 2, 2010.
Prepared by the NYATN Legal Subcommittee: Suzanne B. Seltzer / Klasko, Rulon, Stock & Seltzer LLP, Suzanne Tomatore / Immigrant Women and Child Project, ABCNY, Ivy Suriyopas / Asian American Legal Defense and Education Fund
Shonnie Ball / Safe Horizon, with invaluable assistance from: Aviania Iliadis & Laura Mathews; March 2010.
Graphics from "Disparities in Asylum Adjudication," by Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag, 60 STANFORD L. REV. 295 (2007).
"An inadmissibility finding by a U.S. Consular Officer is not necessarily the end of the road for aliens who wish to travel or immigrate to the United States. Various sections of the Immigration and Naturalization Act ("INA") provide waivers for most grounds of ineligibility, effectively allowing consular officials to "temper justice with mercy" by issuing restricted visas to aliens who would otherwise be barred from entering the United States." Brian Bolton, Jan. 2010.
"Ayuda has staff and offices in Washington D.C. and Sterling, VA. The annual budget for FY2010 ending September 30, 2010, is $1.6 million. Ayuda is seeking an Executive Director to report to the Board of Directors, lead a staff of 19 full-time members and numerous volunteers and interns, and to seek, identify, and nurture relationships with the organization’s donors and stakeholders."
"CLINIC will hold its 13th Annual Convening in New Orleans May 19-21, 2010 at the JW Marriott. The Annual Convening is CLINIC’s premier training event. It features insightful training, networking opportunities and updates on immigration law and issues. It also includes exciting opportunities for immigration service providers to discuss issues of importance to their work."
"OIL is convinced that S-E-G- retains precedential force in spite of its reopening. We are skeptical." Benjamin Casper, Director of the Pro Bono Litigation Project of the Immigrant Law Center of Minnesota, with Stephen Manning, AILA Amicus Committee chair.
"ILCM and Latham & Watkins are leading an effort to overturn Matter of S-E-G–. With the cooperation of the UNHCR and other organizations, we have asked Attorney General Eric Holder to intervene and reverse the BIA’s decision. This page provides important information and resources for attorneys litigating asylum cases impacted by Matter of S-E-G-."
"This spotlight focuses on Mexican immigrants residing in the United States, examining the population's size, flow, geographic distribution, and socioeconomic characteristics using data from the US Census Bureau's 2008 American Community Survey (ACS) and 2000 Decennial Census, and the Department of Homeland Security's Office of Immigration Statistics (OIS) for 2008." MPI, Feb. 2010.
"United States immigration laws are preventing many of the most talented immigrants in the world from migrating to the United States. On January 10, 2010, the United States Citizenship and Immigration Services (USCIS) released new data confirming that some prospective highly skilled immigrants from one country – India – may have to wait as much as 35 years to get a green card, unless Congress takes steps to change the current nationality based visa quota system and increases the annual quota."
""In considering the totality of the evidence, we find that the respondent's removal would cause his qualifying relative mother the degree of hardship required for a grant of cancellation of removal. We find that the respondent has satisfied his evidentiary burden of proof under the REAL ID Act based on the cumulative testimony and medical documentation provided."
Matter of X-, Feb. 26, 2010.
Tuesday, April 6, 2010 11:00 AM - 12:30 PM PDT. "This webinar will present information on the law regarding bond and detention from the perspective of assisting clients in obtaining release from custody following an ICE enforcement action. The panelists will include Stacy Tolchin, head of the Los Angeles office of the law firm Van Der Hout, Brigagliano, and Nightingale, and recipient of National Immigration Law Center's 2008 award for her work coordinating raids response in Los Angeles, and Trina Realmuto, staff attorney at the National Immigration Project, and former attorney consultant to the Legal Action Center of the American Immigration Counsel. Debbie Smith, staff attorney at Catholic Legal Immigration Network, will moderate the panel."
"My proposal calls for a minimum equity investment requirement of $40,000, provides foreign purchasers of US houses with immediate conditional residency and then permanent residency after three years of ownership, initially limits the number of visas that can be granted annually to 85,000, and allows foreign purchasers to rent out these houses if they choose to do so." Gregory S. Crespi,
Southern Methodist University (SMU) - Dedman School of Law, Feb. 2010.
"Hoffman Plastics, the poster child of immigration gone wrong, is popularly viewed as a case that imposed penalties unique to immigrant workers. The Supreme Court decision in Hoffman Plastics can relieve an employer that illegally fires an undocumented worker from owing back pay for violations of the National Labor Relations Act; however, the sad truth is, that rather than creating an injury unique to immigrants, Hoffman Plastics is better seen as part of the long American tradition of judicial hostility toward unions and labor law with roots in the 1930s and even earlier." Ellen Dannin, The Pennsylvania State University Dickinson School of Law, Feb. 2010.
USCIS, Feb. 25, 2010.
USCIS, Feb. 25, 2010.
"U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). The new form is dated “12/30/09,” and due to the changes, no previous versions of the form will be accepted 30 days after publication. In addition to the revised form, there are changes to filing locations." USCIS, Feb. 25, 2010.
"U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations." USCIS, Feb. 25, 2010.
9 FAM 40.6 EXHIBIT I, GROUNDS OF INADMISSIBILITY, AVAILABLE WAIVERS,
(CT:VISA-1395; 02-01-2010)
"This edition of the ASISTA Newsletter includes several new features, plus an update on conversations with Citizenship and Immigration Services on U visas. Gretchen Hunt, a longtime member of the National Network to End Violence Against Immigrant Women who lives and works in Kentucky, shares an innovative approach to encouraging law enforcement certifications in your state. Our new FAQ column extracts and shares answers to interesting or persistent questions from our technical assistance archive. The new Update column features news on system memoranda, regulations and decisions that may affect immigrant survivors of domestic
violence, sexual assault and trafficking."
"Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing." USCIS, Feb. 24, 2010.
Richard A. Boswell, 47 Harvard J. Leg. 175 (2010).
A campaign of the Detention Watch Network.
"Due primarily to identity fraud, the inaccuracy rate for unauthorized workers is approximately 54 percent." Westat, FINDINGS OF THE E-VERIFY PROGRAM EVALUATION, Dec. 2009.
"The latest salvo in the war against H-1B workers and their employers (and this time, they’ve thrown L-1’s in just for fun,) is the Economic Policy Institute’s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira’s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data."
Interactive list, including results of annual inspections. NYT, Feb. 2010.
EOIR, Jan. 2010.
"Disclosure Data files for FY 2009 are now available. The Foreign Labor Certification Data Center is the location of the Online Wage Library for prevailing wage determinations, and the disclosure databases for the temporary and permanent programs."
"It is increasingly common for immigration lawyers who lose circuit cases to get calls from lawyers offering a deal that is too good to be true. The callers say that at absolutely no cost to you or your client, they will prepare a costly petition for writ of certiorari and take over all of the work to handle the case at the Supreme Court. All you need to do is say yes, and they will take care of the rest. Like all deals that seem too good to be true, this one requires careful thought." Feb. 22, 2010. Nancy Morawetz, Professor of Clinical Law, New York University School of Law. Nancy coordinates the Supreme Court Immigration Law Working Group.
Hats off to Mark J. Newman! Jan. 29, 2010.
"Nijhawan is the first three steps that Wile E. Coyote takes off the cliff and then realizes that solid ground has disappeared."
"The Department is issuing this notice to announce that it has scheduled three public briefings to educate stakeholders,
program users, and other interested members of the public on changes to the
H–2A program made by the Final Rule and on applying for H–2A temporary labor certifications under the new regulations using the ETA Form 9142." Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010.
"Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends."
ICE, Nov. 9, 2009: "In all cases, any uncertainty about whether the evidence is probative of U.S. citizenship should weigh against detention."
"In order to better understand immigration detainers’ function and impact, the Immigration Policy Center (IPC) provides the following Fact Check to shed much needed light on this often misunderstood immigration enforcement tool." IPC, Feb. 2010.
"Being out on bond makes it much more likely that the individual will be able to find an attorney and get other assistance. In the case of the immigrants picked up in the Van Nuys raid, being released on bond allowed them to have their day in court. Many of them had remedies available to them." Maurice Belanger, Feb. 15, 2010.
"As the world community responds to the devastation caused by the January 12, 2010, earthquake in Haiti — which left an estimated 200,000 people dead and 1.5 million homeless — the role of immigration policy has emerged as a central consideration of the relief and reconstruction efforts." MPI, Feb. 16, 2010.
Michelle Chen, Feb. 16, 2010.
"This paper provides a brief history and background on the CAP program. It also includes a case study of CAP implementation in Travis County, Texas, which finds that the program has a negative impact on communities because it increases the community’s fear of reporting crime to police, is costly, and may encourage racial profiling." IPC, Feb. 2010.
"Visitors seek to provide a compassionate face and an affirmation of humanity in the midst of a dehumanizing scenario. We don’t visit as social workers or lawyers, but simply as friends."
"Since Streamline arrived in Arizona in 2008 it has morphed into a pipeline transferring millions in federal funds into the state’s anemic economy. Almost everyone involved in the program is lining their pockets with taxpayer money, from a controversial private prison company to a rapidly growing pool of courthouse criminal defense attorneys to the grim federal marshals who herd migrants in and out of the courtroom. Thanks to Streamline, the number of public defenders has nearly doubled in Tucson, the Border Patrol has bolstered its ranks with new agents and the local prison industry is booming. The program represents the entrenchment of a parallel nonproductive economy promoting abuse behind the guise of law enforcement and crime deterrence." Max Blumenthal, Feb. 14, 2010.
Carl Shusterman, Feb. 2010.
Nancy Morawetz, Alina Das, Feb. 4, 2010.
Fixing the Broken Employment Authorization Asylum Clock; Center for Immigrants' Rights at the Penn State Dickinson School of Law, American Immigration Council’s Legal Action Center, Feb. 12, 2010.
"I think it would be dangerously premature for critics of state immigration laws to let down their guard and jump to the conclusion that the 10th Circuit ruling was a death blow to such statutes. It is much more nuanced and complicated than that."
A collection of links related to the assertion that state and local law enforcement authorities have "inherent authority" to enforce the civil provisions of the INA.
Notes on the Parlak case by Russell Abrutyn, AILA Amicus Committee, Feb. 8, 2010.
DHS, Jan. 2010.
"I understand that legislation (LB 1001) has been filed in Nebraska to rescind your statute that accords in-state residency to certain undocumented residents who
attended state high schools. That statute is almost exactly the same as the law challenged in Kansas, and I urge you to reject any such attempts to overturn the statute." Jan. 28, 2010.
"The Immigration Courts run by the Executive Office of Immigration Review (“EOIR”) at the Department of Justice are bound by the language access requirements set out in DOJ’s 2002
Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient (“LEP”) Persons. At a minimum, they must provide competent interpretation for LEP individuals during all courtroom proceedings, and during all critical encounters outside the courtroom. Immigration Courts fall far short of this requirement by failing to provide interpretation for critical encounters, and by providing inaccurate interpretation." National Language Access Advocates Network (N-LAAN) – 02/02/10.
Ninth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law: LexisNexis® Matthew Bender® announces the Ninth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law to be presented at the 2010 AILA Conference in National Harbor, Maryland.
A member of the Editorial Board of Bender’s Immigration Bulletin, Daniel Levy died at the age of 48 on September 14, 2001, in Los Angeles after a long battle with cancer. Mr. Levy was a prolific author, litigator, and scholar, and was widely known and loved by many in the immigration bar. With this annual award LexisNexis Matthew Bender seeks to honor an individual who emulates the values that informed Mr. Levy’s life and work: enthusiastic advocacy on behalf of immigrant clients; deep scholarship in immigration law; and an expansive vision of justice. We welcome nominations of all persons (not only attorneys), who have been working on the local and/or state level, as well as those who are known on the national level, and those who have been quietly toiling on behalf of immigrants,
wherever they may be located. Readers are encouraged to forward nominations to Ellen Flynn at ellen.m.flynn@lexisnexis.com by April 15, 2010. Nominations should include as much information as possible about the nominee. The recipient will be selected by the Editorial Board of Bender’s Immigration Bulletin.
"On Thursday, March 18, 2010, Penn State University Dickinson School of Law will present "Immigration Adjudications: Court Reform and Beyond." Sponsored by Penn State Law's Center for Immigrants' Rights, the day-long symposium will feature four panels comprised of policymakers, academics, judges, and practitioners who will examine the state of immigration adjudications and debate proposed administrative and legislative solutions, including the creation of an independent immigration court."
Angie Junck, ILRC Staff Attorney, writes: "[Here is a link to a revised] practice advisory ... regarding the Ninth Circuit’s recent reconsideration and amendment of Anaya-Ortiz v. Holder. The Court held that notations on a California Abstract of Judgment Cannot Be Used to Characterize the Offense of Conviction Under the Modified Categorical Approach. Thanks to Kathy Brady for writing the practice advisory."
The Border's In My Pocket or: How I Learned To Stop Worrying And Love The National ID.
"A shadow prison industry has spread to all parts of the federal detention and prison system. It is, with a few exceptions, in complete charge of all immigrant imprisonment and detention at both DOJ and DHS. Because the shadow industry has evolved without a plan or strategy, it has become a bizarre, labyrinthine complex of public and private players that is little understood and frighteningly out of control." Tom Barry, Jan. 2010.
"The Commission requests comment on when, if at all, the collateral consequences of a defendant’s status as a non-citizen may warrant a downward departure. There are differences among the circuits on this issue. ... The Commission requests comment on when, if at all, a downward
departure may be appropriate in an illegal reentry case sentenced under § 2L1.2 on the basis of ‘‘cultural assimilation’’, that is, the defendant’s cultural ties to the United States. Several circuits have held that such a departure may be warranted. ... Written public comment regarding the
proposed amendments and issues for
comment set forth in this notice, including public comment regarding retroactive application of any of the proposed amendments, should be received by the Commission not later than March 22, 2010." Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010.
"The rust-colored, steel-and-cement wall has become a surreal fixture on Brownsville’s skyline. It cleaves downtown Hope Park, built as a symbol of unity between the United States and Mexico. It stops and starts, without rhyme or reason, along the Rio Grande River’s levees, leaving miles of gaps. It highlights the city’s economic divide: It’s the first thing folks in the poorer barrios see when they look out their windows, while richer folks enjoy unaltered views of palm trees and manicured fairways when they tee off on private golf courses. It zigs and zags through residents’ backyards, through citrus orchards—an ugly red scar on a green, subtropical landscape." Melissa del Bosque, Texas Observer, Jan. 22, 2010.
"In response to the tragic earthquake in Haiti and the ensuing humanitarian crisis, AILA has pulled together a comprehensive list of resources on pro bono efforts nationwide. Resources for AILA chapters and non-profit legal service providers who wish to host pro bono TPS clinics are here, as well as a calendar of pro bono events and clinics. If you have additional resources to post, please contact Susan Timmons, AILA Pro Bono Associate. This page is open to the public and does not require AILA membership."
"On the one-year anniversary of implementing the Electronic System for Travel Authorization, the Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S.-bound travelers from Visa Waiver Program countries of the ESTA requirement. Beginning January 20, CBP will initiate a 60-day transition to enforced ESTA compliance for air carriers; VWP travelers without an approved ESTA may not be allowed to board a U.S.-bound plane." CBP, Jan. 19, 2010.
Broadcast premiere March 23, 2010 on PBS;
Augie and Gino were living the American dream––raised and educated in the United States and proud veterans of the military. But in 1999, these two brothers were forced to leave the only country they’d ever known and had pledged to protect. Follow filmmaker Monika Navarro on her familial journey across the border to Mexico as she pieces together the tragic events of her uncles’ deportation and opens a Pandora’s box of family secrets."
March 17-18, 2010; Georgetown University Hotel and Conference Center, Washington, DC; Panelists will include experts on human trafficking from service provider agencies (social and legal), law enforcement, and government agencies.
"Search the last ten years of State & Federal Courts and U.S. Supreme Court from 1781 to present." [Click on the Free Case Law tab.]
A one-day immigration symposium sponsored by PENN STATE LAW’S Center for Immigrants’ Rights, Thursday, March 18, 2010.
