Plans to Change U.S. Approach to Immigration Policy

The New York congressman Peter King plans to tighten border security and have more undocumented immigrants arrested if they cross the border, once he becomes the new chairman of the House’s Homeland Security Committee in next week. He believes strongly that Obama administration’s has not doing well in the border security and undocumented immigrant’s issues and he commanded Obama's immigration policies were failing.

"The Obama administration continues to display an obvious lack of urgency when it comes to gaining operational control of the border, which is absolutely critical" said Peter King.

His proposals will target private companies that hire undocumented immigrants and increasing federal support for local police to arrest. He wants more illegal’s arrested.

White House Still Pressing Congress on Dream Act

The Obama administration has been remarkably indecisive on the subject of immigration. On one hand, the president talks a lot about his support for a bill. On the other hand, the Obama administration has also deported a record number of illegal immigrants. The Immigration and Customs Enforcement agency estimates that 400,000 people will be deported in 2010, 25 percent more than were deported in 2007 under President Bush.

DREAM Act (Development, Relief, and Education for Alien Minors Act) would offer a path to legalization for undocumented college students or soldiers in the military who came to the United States as children (under 15 years old) and have lived here for at least five years. DREAM act will allow 2.1 million illegal immigrants under the age of 35 to legally remain in the country.

But over the years, the DREAM Act has been politically divisive. Beyond this, politicians have to consider public opinion. A more compassionate approach to immigration enforcement would benefit everyone in the United States. According to a recent study by the Center for American Progress, progressive immigration reform would yield at least $1.5 trillion in cumulative U.S. gross domestic product over the next 10 years.

California Court Backs Illegal Immigrant Students

California Supreme Court ruled on Monday that illegal immigrants can be eligible for the same reduced tuition at public colleges and universities as legal residents of the state. Currently, students who attend at least three years of high school in California and graduate are eligible for in-state tuition at public schools, which can save them as much as $12,000 a year compared with students who come from other states. But still Illegal immigrants ineligible for state or federal financial aid. Read full story

Arizona Immigration Law is wrong: Napolitano

Homeland Security Secretary Janet Napolitano agreed that Arizona's law to get tough on immigration is the wrong way to get local police involved in enforcement and she recalled the district court ruling in July which said "we cannot have 50 different immigration enforcement teams across the country." Arizona is appealing the judge's ruling.

Napolitano, the former governor of Arizona, said in a Denver speech that there are better ways to involve local law enforcement in fighting illegal immigration, including the federal Secure Communities program that has been implemented in several hundred jurisdictions nationwide. Immigrant advocates across the country have criticized the fingerprint-sharing program as too broad.

The issue is now before the voters of Arizona, as Jan Brewer seeks votes in her election bid. Her success or failure will be used by opposing sides as a refereundum on immigration reform.

Obama defends failed US Visa and immigration reform efforts

On Monday, speaking to a Spanish Language radio program, Obama said it will take time to change US Visa and immigration policies. He recalled that even after Martin Luther King Jr. delivered his "I Have a Dream" speech, it took years more for African Americans to achieve many of their goals. Let me say this as an African American: We worked for decades on civil rights, Obama said. "It didn't come after two years. People had to march, they had to have their heads beaten, they had fire hoses put on them . . . Change isn't easy. It doesn't happen overnight".

Many Latino voters have grown disenchanted over the signature issue of US Visa and immigration policy and the President is heavily courting Latino voters in the final days of the fall political campaigns. While the President correctly points out the civil rights struggle took years to accomplish, what he conveniently fails to mention is that approximately 11 months after the "I Have a Dream Speech" the landmark Civil Rights Act of 1964 was signed ending discrimination against african-americans and women. So while the struggle continued for years, legislation was proposed, debated, amended and signed within 11 months. That is something Latino voters could only dream of.

Mr. President, with all due respect, we are heartened that you hold immigration reform in comparison to the Civil Rights struggle, but the two issues could not highlight a broken government any better. 11 months for landmark legislation, versus over a decade of languishing in the shadows.

DREAM Big!

Harry Reid has announced that the senate will vote on the DREAM act as part of the Defense Authorization Bill. The DREAM Act is a necessary humanitarian law that will help countless people who findthemselves in this country through no fault of their own, as long as they attend college or join the armed services. It is a crucial and much needed fix to the immigration laws for people brought to this country as youths or babies and who had no real voice in how they ended up here. In many cases these people have no connection or cultural relation to their country of birth. These people deserve an opportunity to cure a defect not committed by them and in which they had no choice.

It is time for us to DREAM, dream of a country that understands and responds sensibly to the issue of immigration. To address a population, who chose not to break our laws, and who now dream, that they too can join the fabric of our lives, defending the only country they call home, and to educate themselves to serve the only country they call home. May all of our DREAMs come true!

USCIS Memo Leak: Full of Promise

Today the USCIS, accidentally leaked a draft memorandum addressing administrative relief possibilities if Congress was not able to pass Comprehensive Immigration Reform. These ideas are a far cry from the culture of "no" we are used to. The ideas are well thought out, conservative, and humanitarian.

We applaud USCIS for this bright moment in an otherwise grim prospect for Comprehensive Reform. The ideas should be implemented and it appears that some are just shy of entering the rulemaking phase. It's time that agencies begin to act on their goals and missions, and while that does not mean a greencard for all, it does mean a sensible humane policy that addresses the reality that we operate in.

There are so many lofty goals and high hopes in this memo that we will not comment on them individually, other than to say, this policy change along with the enforcement that continues to occur, will go a long way in getting control of our borders and addressing the humanitarian crisis created by continuing to ignore the immigration reform efforts in the U.S. Congress.

Silent Raids

This morning we had the opportunity to speak out on a controversial topic simmering from last week. The issue is the Obama Administration's use of silent raids to rout out employers with undocumented workers on their payrolls.

The idea is that the Immigration and Customs Enforcement (ICE) agency goes to inspect employers for I-9 violations rather than raid workplace sites. A silent raid requires little manpower and does not even have to occur at the work site. A local well-known radio personality surmised that this was "good policy". That this kind of raid attacked the heart of the nation's immigration woes, chief among them, kill the lure of jobs and you begin to draw down the lure of why many cross our borders. Speaking with the host during this segment of the show, we took issue with the idea that this is good policy.

While making sure businesses do not employ undocumented workers is good policy, the onus of that responsibility lies with the U.S. Government. Leaving it to employers to wade through the murky and confusing swamp of acceptable documents amounts to passing the buck and a lack of responsibility. While the host correctly pointed out that given the limited powers of the President without congressional action this was a small piece of the larger reform pie, it is an acknowledgement that lacks a deep understanding of the issue and a lacks compassion for all of the mom and pop operations floating the U.S. economy right now. With somewhere around 25+ different documents that an employer must accept as proof of legal work authorization, learning how and which documents qualify under differing circumstances is a minefield making very honest hardworking American companies susceptible to being duped by their own government into thinking they are doing the right thing. As Immigration attorneys with over 12 years of combined experience in the field, we have, ourselves, yet to come across some of the documents that are acceptable.

American business now more than ever needs to focus on business, and the U.S. needs to take this administrative nightmare off of their shoulders and enact a comprehensive solution including a workable employment verification process. The Government cannot have its cake and eat it too. On the one hand, they are suing a State claiming U.S. Immigration Policy is solely in the purview of the Government and on the other hand they are suing private businesses for not enforcing immigration laws.

While we acknowledge there are unscrupulous employers who will take advantage of the broken system to line their pockets, there is too much confusion in the hiring process as it relates to verifying work authorization, for it to be "good policy" of the current administration to attack all employers with "silent raids". The president can do more, the agency's can do more, and congress can stop hiding behind the political curtain.

Federal Lawsuit Challenging Arizona's Discriminatory Immigration Law

According to the Associated Press, the U.S. Department of Justice has filed a lawsuit challenging the State of Arizona's recently enacted immigration law. The law, scheduled to take effect in late July, has been widely criticized as a discriminatory unconstitutional law that infringes on the rights of citizens and ignores the supremacy clause of the United States Constitution.

The U.S. Constitution adeptly allows Federal laws to usurp State laws in areas that require the United States to act as one rather than a multitude patchwork. In the area of Immigration, the United states must defend it's right to speak with one voice in order to maintain a rational and sensible enforcement policy and to promote the general welfare and interstate commerce of the union.

Without a challenge to Arizona's law, there would be a multitude of different state crimes, making it near impossible for a person or entity to understand when they may or may not be in violation of a law. Immigration is a topic that demands one voice. Regardless of whether you believe we should build a bubble around the U.S. or are for a more relaxed system, the legal arena in which Immigration operates, must understand the terms by which a violation does or does not occur.

While we welcome this lawsuit, we do so not as immigration advocates, but as bearers of the flame. Upholding the U.S. Constitution is a priority that advocates and restrictionists alike can celebrate.

E Pluribus Unum

The President's remarks were appreciated and eloquent, yet left the impression that they had been said before and there was no tackling of the issues. There was no clarion call to Democrats, while he did call the republicans out and asked them to put aside politics, it was a meek request. This was not a President using the weight and force of his office to deal with the most challenging social and moral issue of the last 30 years. This was a rundown of politics to this point. While as an advocate, we had hoped for more force and action, we were pleased with the passion and eloquence making the issue part of the "fabric of our national identity".

While the President pulled at the heartstrings of our national pride, pointing out the contributions of giants like Einstein, Tesla, Carnegie, and Brin, he also pointed out the simple contributions of a small business owner, and a young woman who joined the military to defend our country. Moving from people, he pointed out the effect of migration on our economy. Describing the U.S. as the engine of the global economy. it was because of migration, that the U.S. enjoys a younger, faster growing workforce than our competitors.

Ultimately the President's remarks focused on how the Politics of who can enter and how is contentious and divisive and we need Bipartisan support to pass Comprehensive Immigration Reform. He called on all parts of the machine to be accountable: Government, Business, and Individuals. The Government needed to enforce its laws, Businesses needed an effective tool to verify employees, and individuals needed to admit they had broken laws, pay fines, learn English prior to joining the pathway.

What was new in his call for Comprehensive Immigration Reform was his call to reform the legal immigration system that he acknowledged is also broken. He called on a system that would allow us to draw the best and brightest, unite families, and stop punishing kids (specifically naming the Dream Act).

As the President said we look forward to the day that his courage and leadership will lead us to a "system that is fair and reflective of our values", but until we in the reform community start to see action, the countless calls begin to lose their weight.

Obama on Immigration then and tomorrow

Below are some clips of Obama and his views on Immigration. Tomorrow we will preview his views on Immigration based on his speech.



and seeing the process move this "first year":

Political Winds Change Adjudications at the California Service Center

In the age of the Global Marketplace, multinational companies are vying for business not just within our borders but around the world. In many instances this means employing personnel from around the world in order to maintain a competitive advantage and keep their products on the cutting edge.

The U.S. Congress in its collective wisdom identified this Global Marketplace and adapted U.S. Immigration laws to allow multinationals the tools and human power to succeed by enacting the intracompany visa. The classification allowed for the transfer of executives and managers (L-1A) and specialized knowledge employees (L-1B) from overseas offices to the United States. A highly useful integration and innovation program, the L-1 visa classification allowed U.S. companies (whether it be based in or subsidiaries of foreign companies) to draw on the collective wisdom of its international workforce and bring those crucial employees to the U.S.

Over the course of the last 3 years, there has been a sea change in the way the immigration service is interpreting qualifications for these visa classifications. With a critical eye and an assumption that U.S. employers are shirking the immigration laws by taking advantage of the L-1 classification, the USCIS has single-handedly put the squeeze on the international marketplace and by extension the ability of the U.S. to compete on an international level.

Petitions that were approved 3 years ago are now being denied authorized extensions because of the misplaced fear and tragic assumptions of the USCIS. Employers are confused and looking for a more efficient way and place in which to conduct their global outreach and sales. Why battle with time, money and uncertainty when you can run to Canada, Ireland, Finland, Australia and be assured of a certainty, promise your clients a certain talent and achieve your goals without a surprise from the USCIS.

The policy shift threatens congresses ability to regulate the immigration laws of the U.S., contradicts years of agency guidance and interpretation, and interferes with the image of the United States as an economic power player on the global stage. All because of a shift in USCIS interpretation of why employers are using this category and the "we will show you mentality" of government bureaucrats left to their own devices. Nationally very little is understood of the economic implications of decisions by an officer at the California Service Center. Internationally, this malaise is well understood. Countries are capitalizing on our inability to hold true and speak with one voice on immigration policy. Companies are slowly realizing that their own government is hindering their ability to compete, and many are taking action.

On a weekly basis, I read of another multinational opening a North American base of operations outside the borders of the United States. This is tragic not just for the company, but hardworking Americans. Americans that would have been employed at these facilities are now seeing jobs forced outside the U.S. not necessarily because of cheap labor but rather a more stable immigration policy. We see companies moving operations to attractive and competitive international hubs with the capability of cornering the U.S. Market from outside our borders.

As we argue and the xenophobes create a political firestorm, those xenophobes may soon find they are begging for visas and jobs in Canada, Europe and Australia. How many more Detroits will come to bear before we realize the economic battle was loft at the California Service Center?

New Visa Issuance Fees at U.S. Embassies

The Department of State (DOS) has updated the fees they are going to be charging for processing visas at U.S. Embassies overseas. Previously the DOS charged a flat $131.00 fee regardless of visa type. These new fees will take effect on July 13, 2010. The new fees will affect all persons applying for a visa to be placed in their passports prior to travel to the United States. The new fees are based on the type of visa and services rendered by the U.S. Consulate.

Please remember these fees are only representative of the visa issuance fees incurred by applicants at a U.S. Embassy, they do not include Department of Homeland Security filing fees which remain unchanged.


For more information on these fees, please see the following link:
http://www.state.gov/r/pa/prs/ps/2010/06/143724.htm

Arizona's Immigration Laws

The State of Arizona has enacted 2 very disturbing immigration laws aimed at enforcement and threatening the United States ability to speak with one voice on issues that affect all of the sister states. As these types of laws crop up among the various sister states, the United states is placed in a perilous economic and social predicament. Chief among them, is our national identity. We are a country of immigrants and as we rip that stripe from our identity we lose a sense of ourselves, who we are and what our imange means to the huddled masses yearning to be free. Second, our economic competitiveness as a land of opportunity is seriously jeopardized when we create a climate of hostility and make it difficult for multinational companies to operate within our borders. A company faced with a common compliance code in one country would certainly choose to operate in that system, rather than operate in a system that requires 50 different sets of compliance procedures.

The current administration had made efforts to challenge the latest of the Arizona laws and the Supreme Court has agreed to hear a case challenging the other. These cases must be addressed and we wait with baited breath for the processes and rule of law to do what is right, restore our national identity and make the United States an attractive economic powerhorse in which to compete in the global marketplace.

Legislation Introduced Targeting Entrepreneurs & Job Creation

On February 24, 2010, Senators Kerry (D-MA) and Lugar (R-IN) introduced the "StartUp Visa Act of 2010." By helping immigrant entrepreneurs secure visas to the United States, the bill seeks to stimulate job creation and increase America's global competitiveness. The StartUp Visa Act of 2010 would create a new EB-6 category for immigrant entrepreneurs, drawing from existing visas under the EB-5 category.

"Global competition for talent and investment grows more intense daily and the United States must step up or be left behind," said Sen. Kerry. "Everywhere Dick Lugar and I travel for the Foreign Relations Committee, we see firsthand the entrepreneurial spirit driving the economies of our competitors. Creating a new magnet for innovations and innovators to come to the United States and create jobs here will offer our economy a double shot in the arm- robust job creation at home and reaffirmation that we're the world's best place to do business."

Over 160 venture capitalists from around America have endorsed the proposal, and the National Venture Capital Association, which represents over 400 venture captilalists, applauded the proposal.