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.