In a recent court order, a Federal District Judge from Texas questioned the logic behind prosecuting unlawful foreign nationals who have no significant criminal background. The judge, called it “mind-boggling” given the cost to the American taxpayers. The judge opined that it would cost over $13,000 to jail the three foreign nationals mentioned in the court order. Additionally, the judge questioned how much time and effort the prosecutions are taking away from other, more important matters.
Should the US be using so many of its resources in pursuing noncriminal foreign nationals who are undocumented? The United States needs to act pragmatically as it confronts its economic woes and I wonder how beneficial these prosecutions are to the US. What do you think?
The New York Times recently reported on a ongoing dispute between Indian steelworkers and their employers about what claims were made to the workers when they came to the United States. The steelworkers were brought into the United States right after Katrina to assist in rebuilding the oil rigs of the Gulf. According to the workers, many paid up to $20,000 to a recruiter that claimed they would soon be able to obtain a green card. Unfortunately – the workers were not eligible to obtain a green card and were allegedly intimidated into not complaining about their working conditions.
The most disconcerting part of the article is the accusation that ICE officials worked with the employer to discourage the employees from complaining.
I watched the State of the Union last week – and I didn’t hear any mention of immigration. But apparently there was a mention of immigration during the State of the Union. But that was all there was – a passing mention. In the hour plus speech, President Obama only mentioned immigration (and comprehensive immigration reform) in one sentence that passed probably without notice by most of the population.
The brief mention has been viewed by some as a snub by President Obama. I doubt it was meant to be. Whether comprehensive immigration reform is completed this year is unclear. What is clear is that the government has many things on its plate and immigration reform is not the most engrossing to the population as a whole.
The Vancouver Olympics are only a few weeks away. If you are traveling to the Olympics it is important to make sure that your travel documents are up to date. It is no longer possible to travel across the American-Canadian border with no travel documents. To cross the border, a person must have a passport if traveling by air. If traveling by sea or land, a person must present a U.S. Passport Book, U.S. Passport Card, Enhanced Driver’s License (EDL), or a Trusted Traveler Program Cards.
For more information, please visit the Department of States’ web page.
Do you know that all noncitizens residing in the United States are suppose to report their address to USCIS. Further, whenever a noncitizen moves, the noncitizen is suppose to report their new address to USCIS within TEN DAYS. Noncitizens can report their new address by submitting a written Form AR-11 or by submitting an electronic version of AR-11. Failure to adhere to this requirement may have adverse results when the noncitizen seeks future immigration benefits. For more information, please visit the USCIS website.
As mentioned last week, certain Haitian nationals were recently made eligible for TPS status. given the large number of individuals who will be seeking out this status, it is a good time to remember to properly vet any immigration attorney that you engage. It is also important to make sure that you are not being taken for a ride. As is too often the case, many immigrants are.
The USCIS has a pamphlet addressing how to avoid immigration fraud. It is available in English and Creole.
 Last February the U.S. military instituted a pilot program to allow for certain temporary immigrants to enter into the Armed Forces in key, strategically important positions. The program has been a great success and will hopefully expand in the coming years. Over a thousand recruits have enlisted through the program.
The program allows for foreign nationals living in the United States on temporary visas to enter into the military if they possess certain language abilities or certain, in demand, skill sets (such as medical physicians). The program is a win-win for both sides: the military gets highly skilled and critically important recruits while the foreign nationals get the opportunity to become U.S. citizens at an accelerated speed.
The New York Times quotes military officials as saying these recruits score 20% higher on military entrance tests than regular recruits and have significantly more education than other recruits.
Let’s hope the program is full speed ahead in the years to come.
As many know, the U.S. government has recently extended Temporary Protected Status (TPS) to Haitians living in the United States on January 12, 2010.
The Immigration bar of New York City, in conjunction with many NYC community organizations, is set to hold numerous free legal clinics for Haitians seeking to apply for TPS. The following are just a few of the scheduled clinics:
January 28, 2010 – NYCIAI Haiti TPS clinic planned at the City Bar from 5.30 to 8.00 p.m
January 30, 2010 – Haitian TPS Application Assistance Day in Brooklyn
February 6, 2010 – Haitian TPS Application Assistance Day in Brooklyn
Dairy farmers across the United States are seeking passage of a much needed AGjobs bill that will include a guest worker program. According to Dairy Today, nearly half of the U.S.’s dairy work force are immigrants. Facing increased I-9 audits from ICE, dairy employers are increasingly asking for the passage of an AGjobs bill that includes a guest worker program that would allow many dairy workers to step out of the shadows and become authorized employees.
Dairy farmers have been asking for a guest worker program for years – when will Congress hear them?
New York State Attorney General Andrew Cuomo recently announced that his office has sued two New York Immigration Service Organizations that are alleged to have been providing fraudulent services to immigrants. The organizations, International Immigrants Foundation, Inc. (“IIF”), International Professional Association, Inc. (“IPA”) (and their President Edward Juarez), are accused of “defrauding immigrants with false promises of citizenship, engaging in the unauthorized practice of law, and illegally charging exorbitant fees for services.” The Attorney General’s Office is working to help any innocent victims of these organizations. Good work Attorney General’s Office.
Two tips to those seeking immigration assistance: 1) Seek assistance from a licensed attorney who focuses his or her practice on immigration law, 2) If someone promises something that sounds too good to be true – it probably isn’t.
 Following the devastating earthquake in Haiti, the U.S. Citizenship and Immigration Service (“USCIS”) acted immediately and granted Temporary Protected Status (“TPS”) to Haitians in the United States. TPS, which is granted for eighteen months, allows for unauthorized Haitians to remain in the United States without fear of removal and deportation back to a recovering Haiti. TPS is only available to those Haitians already in the United States on January 12, 2010. Eligible Haitians will need to register with USCIS.
With such a large Haitian population living in New York City, the granting of TPS will surely help many in New York City. For more information, please see the USCIS website.
The New York Times is reporting that government officials tried to downplay the death of immigrants at detention centers. America’s detention system has already been highly criticized and is set for reshuffling under the Obama Administration. This report, and its fall out, will certainly add fuel to the fire for drastically reforming the detention center system.
Dr. Raúl Hinojosa-Ojeda of the University of California-Los Angeles recently released the report, Raising the Floor for American Workers: The Economic Benefits of Comprehensive Immigration Reform. The report concludes that America would stand to gain at least $1.5 trillion in added Gross Domestic Product over ten years. Additionally, the report states that comprehensive immigration reform would increase wages for both American citizens and newly documented immigrants a like.
Does Congress need another reason to start discussing comprehensive immigration reform? Why delay?
The virtues of the U visa are showcased in a recent New York Times article. The U visa is a newly available visa and is meant to protect immigrant victims of violent crime who cooperate with law enforcement. The article showcases the U visa’s use in domestic violence situations. The U visa has been on the books for almost ten years but bureaucratic delays caused it to be unavailable until 2008. In that year only a few U visa applications were approved. However, in 2009 5,825 U visas were approved.
 According to the Boston Globe’s Boston.com, dozens of the stadium’s would-be snow removers were detained on Wednesday after the Immigration and Customs Enforcement agency pulled over a van and detained numerous individuals thought to be unauthorized workers. The enforcement action has caused great concern in the Guatemalan immigrant population of Boston as those who were detained must demonstrate their legal right to be in the United States or face deportation.
Meanwhile, the operators of Gillette Stadium are passing any blame of possible wrongdoing onto the company that it subcontracted to remove the snow from the stadium. A spokesperson for the Patriots and Gilette Stadium is quoted as saying, “We go through a vendor and pay for a workforce to provide a service,’’ he said. “We expect them to vet all employees.’’ The spokesperson may want to do research about a certain big box retail store chain that claimed the same thing when its cleaning subcontractors were found to be hiring undocumented workers.
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