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Construction company owner pleads guilty to hiring unauthorized workers
"A Magic Valley home builder pleaded guilty to federal charges of employing illegal aliens, following an investigation by agents with U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI). Stacy Clark Miller, 39, of Jerome, Idaho, owned a construction company that built houses in Twin Falls, Idaho. According to court documents, Miller admitted that for a 17-month period starting in November 2008, he employed three Mexican nationals who performed various tasks for his company including framing, dry walling and roofing. Miller acknowledges that he knew the workers were illegal aliens who did not have authorization to work in the United States, yet he continued to employ them. He also admits to willfully failing to comply with federal employment requirements." ICE, Aug. 31, 2010.
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Six Indicted in Human Trafficking Conspiracy for Exploiting 400 Thai Farm Workers
"The indictment alleges that the defendants conspired and devised a scheme to obtain the labor of approximately 400 Thai nationals by enticing them to come to the United States with false promises of lucrative jobs, and then maintaining their labor at farms in Washington and Hawaii through threats of serious economic harm. The defendants arranged for the Thai workers to pay high recruitment fees, which were financed by debts secured with the workers’ family property and homes. Significant portions of these fees went to the defendants themselves. After arrival in the United States, the defendants confiscated the Thai nationals’ passports and failed to honor the employment contracts. The defendants maintained the Thai nationals’ labor by threatening to send them back to Thailand, knowing they would face serious economic harms created by the debts. The indictment also alleges that the defendants confined a group of Thai guest workers at Maui Pineapple Farm and demanded an additional fee of $3,750 to keep their jobs with Global Horizons. Those workers who refused to pay the additional fee were sent back home to Thailand with unpaid debts, subjecting them to the high risk of losing their family homes and land." DOJ, Sept. 2, 2010.
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ACLU: Fullerton company exploited immigrants
"A Fullerton manufacturing business targeted earlier this summer by Immigration and Customs Enforcement agents on suspicion of hiring illegal workers is again under fire -- this time by a civil rights organization alleging the business exploited and discriminated against immigrant workers." Orange County Register, Aug. 31, 2010.
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Asylum Denial Rate Reaches All Time Low
"Very timely Justice Department data show that Immigration Judges are declining substantially fewer requests for asylum. Denial rates have reached the lowest level in the last quarter of a century according to a new analysis by the Transactional Records Access Clearinghouse (TRAC)." TRAC, Sept. 2010.
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Barbour To GOP: ‘Quit Acting’ Like We Can Deport All Undocumented, Search For ‘Common Sense’ Solutions
"In an interview with Human Events yesterday, one high-profile Republican broke with his party and condemned conservatives advocating for policies that take advantage of immigrant labor but fail to comprehensively reform our immigration system. Gov. Haley Barbour (R-MS), who comes from a state ravaged by Hurricane Katrina, explained that the state would be “way, way, way behind where we are now” if it wasn’t for immigrants — “some of there [who] were here illegally” — that helped to rebuild the state. He went on to say that people should search for “common sense” solutions for undocumented immigration, and that “we’re not going to take 10 or 12 or 14 million people and put them in jail or deport them.” He continued, “Some people need to quit acting like we are and let’s talk about real solutions."" Think Progress, Sept. 2, 2010.
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Dangerous Border Drones
"A private contractor working for the Border Patrol was controlling a Predator B outside of Nogales, Arizona. He accidentally turned off the drone’s engine. As the Predator began to lose altitude, air traffic control lost radar contact with the aircraft. In a small, desert community outside of Nogales, people awoke to what sounded like a bomb rattling their windows. The drone had skittered 95 feet down the mountainside, shattering as it plowed through the desert brush. Tom Duggin, whose house sat 1,000 feet from the crash site, got quite a scare. “If it had hit my house, I’d be dead,” he told media." Texas Observer, Aug. 26, 2010.
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DOJ sues Sheriff Joe Arpaio
"The U.S. Justice Department sued Sheriff Joe Arpaio on Thursday, saying the Arizona lawman refused for more than a year to turn over records in an investigation into allegations his department discriminates against Hispanics. The lawsuit calls Arpaio and his office's defiance "unprecedented," and said the federal government has been trying since March 2009 to get officials to comply with its probe of alleged discrimination, unconstitutional searches and seizures, and having English-only policies in his jails that discriminates against people with limited English skills." AP, Sept. 2, 2010.
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Family speaks out about Fullerton ICE raid
"Yadira Barragan used to think that people who came to this country illegally should simply return home to sort out their situation there. That all changed when the 32-year-old naturalized U.S. citizen, who came legally from Mexico, unknowingly married a man who is in the U.S. illegally." Orange County Register, July 2, 2010.
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How unauthorized immigrants are helping Social Security
"By 2007, the Social Security trust fund had received a net benefit of somewhere between $120 billion and $240 billion from unauthorized immigrants. That represented an astounding 5.4 percent to 10.7 percent of the trust fund's total assets of $2.24 trillion that year. The cumulative contribution is surely higher now. Unauthorized immigrants paid a net contribution of $12 billion in 2007 alone." Edward Schumacher-Matos, Sept. 3, 2010.
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ICE Comes Clean—S.F., Other Cities Can Opt Out of S-COMM After All
"When San Francisco Sheriff Mike Hennessy wanted to opt out of the U.S. Immigration and Customs Enforcement (ICE)’s Secure Communities program earlier this year, he was told he didn’t really have that option. “I wrote to the state attorney general, I wrote to ICE officials, and I was told there was no opt out, ” Hennessy said.
So Secure Communities—S-COMM for short—which requires local law enforcement to fingerprint anyone under arrest and send the prints to the Department of Homeland Security, went into effect in San Francisco in June over the objections of Hennessy and the Board of Supervisors. Now a seven-page ICE memo, titled “Setting the Record Straight,” suggests there might be an opt-out provision after all." NAM, Sept. 2, 2010.
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Mexican Reporter Seeks Asylum After Doing His Job
"Two years after arriving with his son at a U.S. border crossing at Antelope Wells, N.M. to seek asylum in the U.S., Gutiérrez still waits for an immigration judge to rule on his application and his residency status. The pre-dawn drive that led him to the border crossing — where he was handcuffed and whisked away by Immigration and Customs Enforcement agents — marked the beginning of his exile, one that continues today. His plight, his attorney says, underscores a problem with U.S. reluctance to grant asylum to Mexicans for fear of alienating the Mexican government." Texas Tribune, Sept. 2, 2010.
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On Labor Day, can we handle the truth?
"An uncle told me a story about how, when he was a teenager, he worked his heart out in the fields. At day’s end, my grandfather told him that he had better hit the books because, if he had to survive out there, he wouldn’t last long. About 40 years later, my uncle’s son — who had a chiseled physique, spent many hours in the gym and once tried out for a professional football team — ventured into the fields to see what it was like. As my cousin tells it, he couldn’t keep up with the Mexican workers and, after a while, was just trying not to pass out. Recently, I heard a similar story from a reader, who said he was a Marine. He and a buddy were home on leave and decided to go into the fields to make extra money. They were in excellent shape, he said. And yet, after a couple of hours, they were sucking wind and couldn’t wait to get back to their base." Ruben Navarrette Jr., Sept. 2, 2010.
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Seven Myths That Cloud Immigration Debate
"The United States is shockingly irrational in the way it handles immigration. Unlike other nations that strategically use immigration to pursue national goals, we lurch from concerns about border security to illegal immigrants to drugs and crime without considering our long-term political and economic priorities. One of the chief sources of irrationality is the myths that have arisen about immigrants and immigration policy." Brookings, Sept. 1, 2010.
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ACLU Sues Federal Contractor for Exploiting Immigrant Workforce
ACLU blog, Sept. 1, 2010.
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California Border Schools to Ask Students for Papers
"California school districts will soon begin implementing a controversial measure meant to prevent nonresidents from attending school in the United States, by deploying district staff to the border to monitor the residency documents of students entering the country. The Unified School District of Calexico—just across the border from the city of Mexicali—hired two employees whose job will be to strengthen the implementation of the school district residency requirements for the current academic year. The Mountain Empire School District, just east of San Diego, will also be hiring staff exclusively for this purpose." La Opinión, Aug. 27, 2010.
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Immigrants’ Oral Histories Going Online
"A collection of more than 1,700 recorded oral histories from immigrants who arrived in the United States through Ellis Island will be available free online starting Thursday at www.ancestry.com/immigration. The histories, recorded by the National Park Service starting in the 1970s, are housed at the Ellis Island Immigration Museum and until now have been available only to island visitors." NYT, Sept. 1, 2010.
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Is CBP trying to prevent the birth of "anchor babies?"
The last sentence of this CBP online Q&A, "Coming to the U.S. for the purpose of child birth is not a valid reason for travel," is simply false under current U.S. law. We hope the CBP General Counsel will intervene with an edit. As Liam Schwartz notes in his Aug. 2010 "Consular Corner" post, "Foreign nationals have an assortment of valid reasons for traveling to the US to give birth here, including family support and better medical care."
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Is ICE going easy on employers?
"ICE audit records obtained recently through a Freedom of Information Act request show that the agency has, in many instances, failed to punish companies found to have significant numbers or high percentages of workers with questionable documents." Houston Chronicle, Aug. 31, 2010.
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Migrant deaths a moral issue for U.S.
"A Bible, a hymnbook, and some pictures of a sunlit young woman. This is what a Guatemalan man was carrying when he died on Arizona's southern desert. He was one of nearly 2,000 men, women and children who have died on those deserts since 2001." Linda Valdez, Aug. 31, 2010.
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Migrants say Arizona worth risk of crossing
"Deaths of illegal immigrants in Arizona have soared this summer toward their highest levels since 2005 - a fact that has surprised many who thought that the furor over the state's new immigration law and the 100-plus degree heat would draw them elsewhere along the 2,000-mile U.S.-Mexico border." AP, Sept. 1, 2010.
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New York Asks Schools to Avoid Pupil Immigration Status
"The State Education Department has sent school districts a memorandum strongly recommending that they not ask for information that might reveal the immigration status of enrolling students, after a civil liberties group complained that scores of districts were requesting such information in possible violation of federal law." NYT, Aug. 31, 2010.
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On the Lake Shore Limited
"To see what immigration hard-liners really have in mind, ride the Lake Shore Limited between Chicago and New York or Boston. It is a daily Amtrak train that is regularly boarded and searched by the Border Patrol, even though it does not cross any international border." NYT Editorial, Sept. 1, 2010.
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Pew Research: U.S. Unauthorized Immigration Flows Are Down Sharply Since Mid-Decade
"The annual inflow of unauthorized immigrants to the United States was nearly two-thirds smaller in the March 2007 to March 2009 period than it had been from March 2000 to March 2005, according to new estimates by the Pew Hispanic Center, a project of the Pew Research Center." Pew, Sept. 1, 2010.
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Time for ICE Memo Critics to Chill
"What would a typical case covered by this memo look like? Juan, an overstay visitor to the U.S. was placed under removal proceedings by ICE when his wife Julia, a lawful permanent resident, petitioned for him to become a permanent resident of the U.S. The couple has been married for four years, and are the parents of two U.S. children. Last week, Julia was sworn-in as a U.S. citizen. This makes her husband immediately eligible to become a green card holder. Juan is a construction worker, the family's breadwinner and has no criminal record. The question is, should the already overburdened Immigration Judges have to decide Juan's application for adjustment of status or should the case be transferred to the USCIS to resolve?" Carl Shusterman, Aug. 29, 2010.
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Unauthorized Immigrants, State by State
WSJ, Sept. 1, 2010.
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Unauthorized Immigration to U.S. Slows Sharply
"Illegal immigration to the U.S. has slowed sharply since 2007, with the bleak U.S. job market apparently discouraging people from heading north." WSJ, Sept. 1, 2010.
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The Effect of Immigrants on U.S. Employment and Productivity
"Statistical analysis of state-level data shows that immigrants expand the economy's productive capacity by stimulating investment and promoting specialization. This produces efficiency gains and boosts income per worker. At the same time, evidence is scant that immigrants diminish the employment opportunities of U.S.-born workers." Giovanni Peri, Aug. 30, 2010.
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Austin, Minn. at a Crossroads
"After the Hormel strike [1985-6,] immigrant workers moved to Austin for the meatpacking jobs. Austin is struggling with its own identity as a place that is now home to a growing Latino population." A 4-part multi-media package reported by ELIZABETH BAIER for Minnesota Public Radio, Aug. 2010.
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SCOTUS Case Could Be Immigration Law Road Map
"State lawmakers looking for guidance on how to draft immigration legislation that can withstand federal legal challenges may not have to wait for resolution of the Department of Justice’s lawsuit against Arizona. In testimony last week before the House State Affairs Committee, Deputy First Assistant Attorney General David Morales said a case pending before the U.S. Supreme Court — U.S. Chamber of Commerce v. Candelaria — could provide guidance to state governments looking to crack down on immigration, which has traditionally been the province of federal authorities." Texas Tribune, Aug. 26, 2010.
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ASU immigration news site
Latino America. Bookmark this one!
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The Lucky Ones: One Family and the Extraordinary Invention of Chinese America
By Mae Ngai. "If you’re Irish American or African American or Eastern European Jewish American, there’s a rich literature to give you a sense of your family’s arrival-in-America story. Until now, that hasn’t been the case for Chinese Americans. From noted historian Mae Ngai, The Lucky Ones uncovers the three-generational saga of the Tape family. It’s a sweeping story centered on patriarch Jeu Dip’s (Joseph Tape’s) self-invention as an immigration broker in post–gold rush, racially explosive San Francisco, and the extraordinary rise it enables. Ngai’s portrayal of the Tapes as the first of a brand-new social type—middle-class Chinese Americans, with touring cars, hunting dogs, and society weddings to broadcast it—will astonish. Again and again, Tape family history illuminates American history. Seven-year-old Mamie Tape attempts to integrate California schools, resulting in the landmark 1885 Tape v. Hurley. The family’s intimate involvement in the 1904 St. Louis World’s Fair reveals how the Chinese American culture brokers essentially invented Chinatown—and so Chinese culture—for American audiences. Finally, Mae Ngai reveals aspects—timely, haunting, and hopeful—of the lasting legacy of the immigrant experience for all Americans."
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Regaining America’s Competitive Advantage
"This study was prepared by Stuart Anderson for the Labor, Immigration & Employee Benefits Division of the U.S. Chamber of Commerce and the American Council on International Personnel. The motivation for this report was the need to collect and disseminate objective data on the economic impact of hiring foreign talent to work in the United States as well as shed some light on some of the misinformation that has surrounded the high skill immigration debate." April, 2010.
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Birthright Citizenship Debate Is a Thinly Veiled Attack on Immigrant Mothers
"This election cycle conservatives are intoxicated with immigrant bashing, particularly pregnant immigrant women and their children. Their tactic: change the U.S. Constitution to deny citizenship to babies born in this country to undocumented women. This is a cynical strategy that explicitly targets Latino communities—the fastest-growing segment of the electorate." CAP, Aug. 18, 2010.
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Keep the 14th Amendment
"Many immigrants come to this country, legally and illegally, because they want their children to grow up in America and participate in its dynamic society. That is a testament to this nation's allure. It should be a source of pride, not fear." Los Angeles Times Editorial, Aug. 16, 2010.
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Looking beyond the next election cycle
Hiroshi Motomura on birthright citizenship, Aug. 17, 2010.
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Majority of Border Residents Feel Safe
"A large majority of the residents of Texas cities on the U.S.-Mexico border feel relatively safe despite harsh rhetoric from lawmakers and a consistent media portrayal of their communities as war zones, according to a poll released today." Texas Tribune, Aug. 10, 2010.
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Rancor babies
"The 14th amendment is one of the great cornerstones of Americans' individual freedoms and protections, guaranteeing citizenship to former slaves and to all people born on American soil. To use it as a political football in this complicated issue is unthinkable." Houston Chronicle Editorial, Aug. 15, 2010.
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14th Amendment is key to the American experiment
"Unless we are prepared to tolerate the emergence of castes based on parentage, universal birthright citizenship and a robust naturalization regime should remain in place.
The goals of the proposed amendment are not strictly punitive, though its effects inevitably would be." Prof. Cristina Rodríguez, NYU School of Law, Aug. 17, 2010.
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Born in the U.S.A.
"Jus solis preserves the open-source, open-ended nature of American identity: It reinforces the notion that America is not a race or a people but a shared idea, and one not defined by a static snapshot of today (or yesterday) but by ongoing reconstruction and evolution, built on transparent, common and fundamental principles. Modern-day critics of birthright citizenship note that the U.S. and Canada are the only major developed nations that embrace jus solis; that would seem to be an argument for, not against, jus solis in the case of America, which in all other respects, those very same critics proclaim to be an exceptional nation." Jeff Yang, Aug. 12, 2010.
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Repeal Birthright Citizenship — and Then What?
"[A]s a practical matter, what would the removal of birthright citizenship mean for the country? Pierce the fog of rhetoric and you’ll quickly discover that nobody really knows, including the state and federal lawmakers yelling loudest for change." Morgan Smith, Aug. 16, 2010.
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Unauthorized Immigrants and Their U.S.-Born Children
"An estimated 340,000 of the 4.3 million babies born in the United States in 2008 were the offspring of unauthorized immigrants, according to a new analysis of Census Bureau data by the Pew Hispanic Center." Aug. 11, 2010.
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The Crusader
"It's a long way from her high-flying days on Wall Street. But now Jayapal is firmly on the ground, leading the state's largest immigrant-advocacy group, OneAmerica, which she built from scratch. She's a big player." Seattle Times, Pacific Northwest Magazine, Aug. 8, 2010.
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Defending the Fourteenth Amendment
"The Supreme Court has consistently upheld birthright citizenship over the years. The following IPC resources present a strong case for maintaining and celebrating our tradition of birthright citizenship—a tradition which is intimately tied to our heritage of civil rights." IPC, Aug. 2, 2010.
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Report Human Trafficking
Report Human Trafficking, 24 Hours: To report suspicious activity to law enforcement: 866-347-2423; To reach a non-governmental organization: National Human Trafficking Resource Center Hotline
888-3737-888.
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E-Verify, DLs and photo matching: "This is getting complicated"
Dawn Lurie and Kevin Lashus on why I-9s and E-Verify will mean full employment for immigration lawyers for years to come.
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ICE on Secure Communities
ICE, Aug. 17, 2010.
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Matter of Legaspi, Int. Dec. 3694, 25 I&N Dec. 328 (BIA 2010)
Matter of Legaspi, Int. Dec. 3694, 25 I&N Dec. 328 (BIA 2010) - An alien is not independently “grandfathered” for purposes of adjustment of status under
section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the result of having been a derivative beneficiary of a visa petition.
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N.Y. Judge Vacates Plea Due To Padilla
"A judge's warning that a defendant could be subject to deportation if he pleaded guilty to a misdemeanor did not alleviate the ineffectiveness of his counsel under a new standard expressed by the U.S. Supreme Court, the judge ruled in vacating his prior acceptance of the plea. Brooklyn Acting Supreme Court Justice Joseph K. McKay observed that the U.S. Supreme Court's recent decision in Padilla v. Kentucky, 130 S. Ct. 1473, had altered the legal landscape since he had accepted Jose Garcia's plea 2 1/2 years ago. "[W]here, as here, defendant is found in fact to have been misled by bad advice from a so-called retained specialist and by a lack of advice from his defense attorney, the Court's general warning will not automatically cure counsel's failure nor erase the consequent prejudice," McKay wrote in People v. Garcia, 4050-06." NYLJ, Sept. 1, 2010.
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Ninth Circuit on rule of lenity
"Daniel Millis challenges his conviction under 50 C.F.R. § 27.94(a) for placing full, gallon-sized plastic bottles of water on trails in the Buenos Aires National Wildlife Refuge to help alleviate exposure deaths among undocumented immigrants crossing into the United States. Millis concedes that he placed water on refuge trails, but argues that his actions did not violate § 27.94(a). We have jurisdiction under 28 U.S.C. § 1291 and reverse Millis’s conviction." U.S. v. Millis, Sept. 2, 2010.
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$.25M complaint in I-9 case
USA v. Maricopa County Community College District, filed with OCAHO Aug. 30, 2010.
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Aug. 2010 Consular Corner, by Liam Schwartz
Bookmark this site and return often. Essential!
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Important Service Transition Announcement for All Visa Applicants in Canada
"The US Mission in Canada is transitioning to a new appointment service for applicants applying for a visa to come to the United States. As of September 1, 2010, all services including calling for information and scheduling an appointment will be provided for no additional cost, with no requirement that applicants pay phone charges or PIN numbers to access such services. Starting September 1, 2010, applicants will visit CSC Visa Information Services to either obtain information online or via telephone on how to start their application for a U.S. visa at a consular section in Canada." U.S. Embassy, Canada.
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Nepal Initiative: Interim Memo for Comment
"This Policy Memorandum (PM) implements the Nepal Initiative, which centralizes adjudication of clearly approvable Forms I-600, Petition to Classify Orphan as an Immediate Relative (Form I-600), filed on behalf of children residing in Nepal and provides petitioners the opportunity to make informed decisions before adopting a child in Nepal. ... This memo is interim agency policy." USCIS, Aug. 27, 2010.
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Ninth Circuit on exercise of discretion
"We hold that the BIA did not abuse its discretion in concluding that the Garcias’ daughter’s new medical condition did not warrant reopening. However, the BIA erred by failing to exercise its discretion to
consider or decline to consider the Garcias’ supplemental brief and the attached exhibit relating to a new medical condition
allegedly incurred by Analilia’s mother. Accordingly, we remand for further proceedings." de Garcia v. Holder, Sept. 1, 2010.
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NY State Student Registration Guidance
"[A]t the time of registration, schools should avoid asking questions related to immigration status or that may reveal a child’s immigration status, such as asking for a Social Security number (Note- The Department does not require districts to collect students’ social security numbers for any purpose)." John B. King Jr., Senior Deputy Commissioner for P-12 Education, Aug. 30, 2010.
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OCAHO assesses $32.3K fine against drywaller for I-9 violations
"I concur with ICE’s conclusion that the size of the business, good faith, and any history of previous violations should be treated as neutral factors, neither aggravating nor mitigating the penalties to be assessed. I also concur that all of the violations committed are serious, and that
aggravation is warranted based this factor, but I will assess a somewhat higher penalty for the violations that are the most serious. Because DJ Drywall employed 57 unauthorized aliens, the penalties should be higher for the violations respecting these individuals. After consideration the employer’s ability to pay, I will enhance the penalties by another $100.00 for each of the 10 violations in Count I, resulting in a total of $5,228.00 for that Count. ICE’s proposed penalties of $22,534.00 for Count II and $4,554.00 for Count III are reasonable and are adopted. The total penalty assessed is therefore $32,316.00." USA v. DJ Drywall, 10 OCAHO no. 1136, July 14, 2010.
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OCAHO dismisses complaint against H-2B landscaper
"MAROC’s theory appears to encompass at least two underlying but unarticulated hypotheses: 1) that Hernandez and others ought to have been permitted to apply in the time, place, and manner they chose rather than in the time, place, and manner selected by the employer, and 2) that filing
a petition for labor certification is conclusive evidence that Heritage would have hired H-2B workers first had they been permitted to do so, without any consideration being given to domestic workers. Both hypotheses are unsupported in law or fact." MAROC v. Heritage, 10 OCAHO no. 1134, June 17, 2010.
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OCAHO dismisses complaint by Programmers' Guild
10 OCAHO no. 1135, June 30, 2010.
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Policy Memorandum: Guidance on Uniform Denial Language Pertaining to Appeals to the Board of Immigration Appeals
Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.7(b) (AFM Update AD10-25); USCIS, Aug. 26, 2010.
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What schools and colleges should do to prevent I-9 disasters
"Employers should implement training programs on proper I-9 procedure and take steps to avoid immigration-related unfair employment practices. In addition, employers should strongly consider adopting an electronic I-9 system which programatically prevents over- documentation (e.g., if employee presents DL and SS card, employer cannot then also choose a green card on the electronic I-9)." John Fay, Aug. 31, 2010.
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Haitian F-1 students experiencing severe economic hardship from the Jan. 12, 2010 Haiti earthquake eligible for employment authorization
"U.S. Immigration and Customs Enforcement (ICE) has approved special relief for certain F-1 Haitian students who have suffered severe economic hardship as result of the Jan. 12 earthquake in Haiti. This relief applies only to students who were lawfully present in the United States in F-1 status on Jan. 12, and enrolled in an institution that is certified by ICE's Student and Exchange Visitor Program. The suspension of certain regulatory requirements, by notice in the Federal register, allows eligible Haitian F-1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load while continuing to maintain their F-1 student status. F-1 students granted employment authorization by means of this notice will be deemed to be engaged in a full course of study if they meet the minimum course-load requirements specified in the notice." ICE, Aug. 30, 2010. [Note: The official ICE link is broken, so I've substituted this Media-Newswire clip.]
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U. of Maryland Shool of Law wins Suppression Case
Michelle N. Mendez writes: "I am so excited, happy, and proud to announce that the Immigration Law Clinic at Maryland Law has won the first suppression case ever in the Baltimore Immigration Court (and the mid-Atlantic area, as far as I know). The case arose from the 2008 raid of Annapolis Painting Services in Annapolis, MD. Judge Williams issued a written decision a redacted version of which is attached. He actually held an egregious violation of the 4th Amendment occurred; this is amazing as most suppression cases in the country have been granted based on regulatory violations. This is a huge victory!! A well-deserved congratulations to Professor Maureen Sweeney, who is featured on tomorrow's AILA webcast, and her students!"
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Why Matter of Wang Got It Wrong - Four Fallacies
"Matter of Wang may have a short shelf life, and here's why." Carl Shusterman, Aug. 25, 2010.
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Padilla retroactivity: Chaidez
"The short answer is that yes, Padilla can be applied retroactively. That conclusion is based generally on the court’s finding that the rule that came out of the Padilla decision, i.e., that a Strickland IAC claim lies in situations where counsel fails to inform a client of the immigration consequences of a criminal conviction, is not considered a “new rule” for postconviction retroactivity purposes. Judge Gotschall based this conclusion on two grounds: first, that the Supreme Court itself decided the Padilla matter on its merits rather than on retroactivity procedural grounds which it could very well have done; and second, that Padilla was really an extension of Strickland that highlighted the importance of counsel informing a client of immigration consequences from a criminal conviction, a practice that has long been advocated by the ABA and other bar associations." Albert Wan, Aug. 26, 2010.
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Draft ICE detainer policy - for comment
Comments due Sept. 30, 2010 to: ICEDetainerComments@dhs.gov
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E-Verify Photo Matching of US Citizens Starts in September
"Today, E-Verify formally announced that it will be expanding the photo matching process to include U.S. passports in September and driver’s license information in 2011 on a limited trial basis. The immediate change next month will give E-Verify-participating employers the opportunity to compare the photo from a US passport presented during the I-9 process with the government’s digitally stored photo online." John Fay, Aug. 27, 2010.
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ICE seeks comments on draft detainer policy
"ICE has drafted an immigration detainer policy to engage all interested stakeholders and solicit a broad range of views and comments. This is not a final policy and is disseminated solely to collect feedback. ICE is interested in a concrete assessment of how this draft policy, if issued and implemented, would affect the agency's law enforcement partners, the operation of the criminal justice system, communities and individuals. Please respond with your comments to ICEDetainerComments@dhs.gov by Thursday, September 30, 2010."
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CBP on NIV waivers
"Depending on the reason for your inadmissibility into the United States, and if you are a class of nonimmigrant where a visa is not required, e.g., most citizens of Canada, or you are a nonimmigrant with appropriate documents who subsequently becomes inadmissible, you may be eligible to apply in advance of your travel directly to U.S. Customs and Border Protection (CBP) for a temporary waiver of inadmissibility. The waiver application process can be lengthy (up to a year) and there is a cost of US $545.00 per application regardless of the decision on the application." CBP, Aug. 24, 2010.
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Electronic IV processing pilot project
"The Immigrant Visa Electronic Processing Program is a pilot project which uses electronic communication and documentation methods to simplify and accelerate the immigrant visa application process. This program uses e-mail for communication and submission of all forms and documents to the NVC using the Portable Document Format (PDF)." DOS, undated.
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Listening Session with the Administrative Appeals Office (AAO)
"The USCIS Office of Public Engagement invites you to a listening session with the Administrative Appeals Office (AAO) on Wednesday, October 20, 2010 at 1:00pm (Eastern). Perry Rhew, Chief of the AAO, will discuss the precedent decision process and current AAO case processing. We are also interested in hearing your feedback regarding the AAO and the appeal process during this session."
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Morton memo: Guidance Regarding the Handling of Removal Proceedings of Aliens wilh Pending or Approved Applications or Petitions
Aug. 20, 2010: "This memorandum establishes U.S. Immigration and Customs Enforcement (ICE) policy for the
handling of removal proceedings before the Executive Office for Immigration Review (EOIR) involving applications or petitions filed by, or on behalf of, aliens in removal proceedings."
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BALCA en banc review ordered on issue of univ. faculty labor certs
Matter of East Tennessee State Univ., Aug. 18, 2010.
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DOS Cable: Introduction of the Electronic System for Travel Authorization (ESTA) Fee for Visa Waiver Travelers
"This cable provides additional information on implementation of the Travel Promotion Act of 2009 (TPA) and fee collection for the Electronic System for Travel Authorization (ESTA), requests posts to engage in outreach, and provides talking points." DOS, Aug. 2010.
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Draft I-140 Interim Memo for Comment
"Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41) Purpose - This Policy Memorandum (PM) provides guidance regarding the analysis that Immigration Service Officers (ISOs) must use in adjudicating Form I-140, Immigrant Petition for Alien Worker, filed for: • Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA); • Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and • Aliens of Exceptional Ability under section 203(b)(2) INA. The purpose of this PM is to ensure that U.S. Citizenship and Immigration Services (USCIS) processes Form I-140 petitions filed under these employment-based immigrant classifications with a consistent standard." USCIS Aug. 20, 2010; comment period ends Sept. 3, 2010.
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USCIS Implements H-1B and L-1 Fee Increase According to Public Law 111-230
"On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014." USCIS, Aug. 19, 2010.
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EOIR Announces Phased Rollout for New Case Information System
"The Executive Office for Immigration Review (EOIR) today announced a new two-phase implementation schedule for the case information system launch that EOIR announced on August 16, 2010." EOIR, Aug. 19, 2010.
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EOIR Recognition & Accreditation (R&A) Program
EOIR, Aug. 10, 2010.
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Castelano et al. v. Clinton et al. - final settlement agreement & order
"On August 14, 2009, the U.S. District Court in the Southern District of Texas approved a settlement agreement in Castelano et al. v. Clinton et al., CA M-08057." - DOS
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USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS
"U.S. Citizenship and Immigration Services (USCIS) reminds nationals of El Salvador (and persons without nationality who last habitually resided in El Salvador), who have Temporary Protected Status (TPS), to file their re-registration applications for TPS before the end of the re-registration period on Sept. 7, 2010." USCIS, Aug. 13, 2010.
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Call For Papers: Harvard Latino Law Review
"The Harvard Latino Law Review is seeking to publish a brief note on the impact of Arizona's SB 1070 on the Latino community. If you are interested in submitting a piece for consideration, please send us a short abstract describing the perspective you'll take on the issue by Friday, September 3. The full text would be due by Monday, October 4. We are especially interested in publishing a student, faculty, or practicioner author who would be willing to update his/her piece in accordance with legal developments. Please contact us with questions or your abstract at harvardllr@gmail.com."
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Visa Bulletin for September 2010
Department of State Publication 9514
CA/VO:August 9, 2010
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DS-260 screen shots
From DOS I obtained screen shots of the DS-260 as submitted to OMB.
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PERM FAQ Round 11
DOL, Aug. 3, 2010.
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USCIS Transitions Filing Locations to Lockbox Facilities
USCIS, Aug. 3, 2010.
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DOS Final Rule: DS–260 - Electronic Application for Immigrant Visa and Alien Registration
"This final rule amends the Department of State’s regulations related to the application for an immigrant visa and alien registration, to offer a completely electronic application procedure as an alternative to submission of Form DS–230, the Application for Immigrant Visa and
Alien Registration. DATES: This rule is effective August 3, 2010." Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010.
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Message to Mitch (and Jon and Lindsey)
Dear Senators McConnell, Kyl and Graham: Please read "Defining 'American': Birthright Citizenship and the Original Understanding of the 14th Amendment." Quiz to follow.
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The Citizenship Clause: A 'Legislative History'
"Recently, scholars and lawmakers have suggested that the United States, or even states, cease to recognize citizenship of the American-born children of undocumented aliens. This would seem to be a direct contravention of the text of the Fourteenth Amendment, which begins by saying, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Conservative legal scholars have begun to advance scholarly arguments suggesting that the "subject to the jurisdiction thereof" language was "intended" by the Framers of the Amendment to require legal status and "full allegiance" to the United States to activate the citizenship guarantee. A review of the legislative debates during the framing of the Amendment reveals little evidence to support this contention. It indicates that the language was designed to exclude two and only two groups: (1) children of diplomats accredited to the United States and (2) members of Indian tribes who maintained quasi-sovereign status under federal Indian law as it existed in 1868. The contrary contention arises out of a partial and strained reading of the debates and an at best partial understanding of the intellectual background of the Amendment. That proponents of a narrower view propound their interpretation as embodying the "clear intent" of the Framers seems to contrary to the record as to raise questions about the very meaningfulness of "originalist" arguments in general." Garrett Epps, University of Baltimore School of Law, June 20, 2010.
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EOIR Opens Immigration Court in Pearsall, Texas
EOIR, Aug. 2, 2010. [Note: This court is located inside the South Texas Detention Facility, operated by the GEO Group under contract to DHS/ICE. It is out in the middle of nowhere, about 65 mi. SW of San Antonio.]
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The Grain of Sand in the Oyster
NAFSA’s Small, Annoying, but Important Role
in the Immigration Debate. Victor C. Johnson and Heather M. Stewart, April 2010.
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Proposed Fee Waiver Fact Sheet
USCIS, July 16, 2010.
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USCIS Publishes First-Ever Proposed Fee Waiver Form; Agency Actively Seeks Public Comment
"U.S. Citizenship and Immigration Services (USCIS) has proposed for the first time a standardized fee waiver form in an effort to provide relief for financially disadvantaged individuals seeking immigration benefits. USCIS has published a notice in the Federal Register seeking public comment on the proposed form – Form I-912, Request for Individual Fee Waiver." USCIS, July 16, 2010.
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For download: CBP Inspector's Field Manual
Over 1,400 pages; 76 MB. Obtained via FOIA by Stephen W. Yale-Loehr. Thanks, Steve!
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FREE LEXIS SEARCHABLE CASELAW
Last 5 years of federal appellate caselaw, searchable, free.
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