Immigration News

DHS Changes Enforcement Emphasis

2009-04-30T11:52:00.000-07:00

On April 30, the Department of Homeland Security announcement changing worksite immigration enforcement.

The new DHS guidelines focus on criminal prosecutions of employers who knowingly hire unauthorized workers. In 2008, large-scale raids resulted in more than 6,000 arrests, only 135 of whom were employers. In recent years DHS launched raids based on tips that an employer was hiring unauthorized workers rather than being the result of Immigration and Customs Enforcement (ICE) investigations of employers, making it difficult to secure adequate evidence to result in prosecution. The new guidelines emphasize investigating and criminally prosecuting abusive employers thus honing in on one of the root causes of undocumented immigration.

Key Unions Support Immigration Reform

2009-04-14T07:07:00.000-07:00

John Sweeney, president of the A.F.L.-C.I.O. and Joe T. Hansen, leader of Change to Win, have agreed today to support an overhaul of the immigration system. The development gives President Obama significant support among unions as he pushes immigration reform.

The two groups endorsed legalizing the status of undocumented immigrants already in the United States and oppose large new programs for employers to bring in temporary workers.

Administration Pledges to Fix Immigration

2009-04-09T11:00:00.000-07:00

The New York Times reported on April 9 that the Obama administration has reiterated its intention to tackle comprehensive immigration reform this year. Recent statements from Speaker Nany Pelosi and Senator Harry Reid have also signaled their support. Some observers had assumed that the promise President Obama made during his campaign to reform the dysfunctional U.S. immigration system during his first year in office would be sidelined by the current recession.

H-1B Filings Tank

2009-04-09T09:02:00.000-07:00

WASHINGTON, DC – On April 7 USCIS advised that, during the initial filing window for H-1Bs, it has not received even half the number of petitions to reach the 65,000 cap. “This indicates that H-1B filings really do reflect the realities of the marketplace,” said Charles H. Kuck, president of the American Immigration Lawyers Association (AILA).

H-1B petitions are filed by U.S. employers seeking to hire a specific foreign national in a specialty occupation involving the theoretical and practical application of a body of specialized knowledge (such as the sciences, medicine and health care, education, biotechnology). The numerical limitation on H-1B petitions for fiscal year 2010 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap.

USCIS has indicated that, while it has received nowhere near the number of filings that would fill the overall H-1B cap; it has received close to the number needed to fill the 20,000 exemption for those who have earned a U.S. master’s degree or higher.

Jack Pinnix notes that since H-1Bs fuel the U.S. economy, the decline is a significant negative economic indicator.

Angelina Jolie Calls on Thailand To End Warehousing

2009-02-27T08:16:00.000-08:00

On a recent visit to Ban Mai Nai Soi camp, Jolie asked Thai authorities to allow the approximate 110,000 refugees in nine camps in Thailand to have greater freedom of movement and to be able to leave their camps. Many of them have been warehoused in this camp for 5, 10, 20 years or longer. While refugee camps were intended to be temporary weigh stations on the way to true refugee settlement, the international community has let them become permanent camps where refugees live in squalid conditions with no chance to move their families into real homes, earn a living or provide a proper education for their children. USCRI launched an international Campaign to End Warehousing in 2004 to bring attention to refugee warehousing and end the inhumane practice. The Dalai Lama, Desmond Tutu and several Nobel laureates have joined nearly 500 organizations from 80 countries in supporting the campaign.

Court Dismisses Katrina Guest Worker Worker Suit

2009-02-13T06:51:00.001-08:00

The ASSOCIATED PRESS reports that a court has ruled that employers are not obligated to cover the moving costs and other expenses incurred by many immigrant workers.

In a case against a New Orleans hotelier that hired dozens of foreign workers after Hurricane Katrina, the United States Court of Appeals for the Fifth Circuit the dismissed the suit that accused Decatur Hotels of exploiting foreign employees recruited in August 2005.

Rhode Island: Suit Over Detainee Death

2009-02-11T07:10:00.000-08:00

new_york_times:http://www.nytimes.com/2009/02/10/us/10brfs-SUITOVERDETA_BRF.html

The New York Times reports that the widow and children of a Chinese man who died of cancer in immigration custody last summer filed suit in federal court in Providence, Rhode Island charging that detention center guards broke his spine days before his death, then taunted him as he screamed in agony. Defendants, include Immigration and Customs Enforcement (ICE) and the Central Falls Detention Facility Corporation, owner of the jail where the man spent his last month, and where federal investigators found he was denied adequate medical care.

Government Contract Employers Ordered to Use E-Verify

2008-06-11T09:59:00.000-07:00

On June 6 an Executive Order was issued providing that all federal agencies and departments that enter into contracts with contract employers use the Department of Homeland Security's (DHS) electronic employment eligibility verification (E-Verify) system to verify the employment eligibility "of all persons hired during the contract term by the contractor to perform employment duties within the United States" and "all persons assigned by the contractor to perform work within the United States on the Federal contract." The Executive Order permits DHS and Attorney General to consult with appropriate department and agency heads to issue rules and procedures to implement the order. A final implmentation date has not been announced.

AILA Reacts to Fragomen PERM Audits

2008-06-05T14:05:00.000-07:00

The U.S. Department of Labor has issued an unprecedented press release stating it is auditing all labor certifications filed by Fragomen, Del Rey, Bernsen & Loewy, the nation’s largest immigration law firm. The press release alleges that Fragomen attorneys may have improperly advised clients to contact their attorney before hiring U.S. workers in some cases. On June 4 the American Immigration Lawyers Association wrote the DOL criticizing it for issuing a press release before it has concluded its investigation of Fragomen.

AILA noted that the agency’s position gives "rise to a serious concern about DOL's interpretation of the legitimate role of counsel in the labor certification process. . . . " And that prior to PERM. . . ."it was standard practice for [the government]. . . to send the resumes to the attorney. This was a tacit acknowledgment of the role of the attorney in advising employers regarding what elements on those resumes they could or could not take into account when considering applicants. . . .This practice did not, and does not, constitute improper attorney participation in the consideration of applicants. Rather, it is the permissible rendering of legal advice to employer clients on the statute and regulations governing employer actions during the labor certification recruitment process."

CBP Warns Travelers Re Documents

2008-03-11T14:07:00.000-07:00

U.S. Customs and Border Protection is reminding travelers planning spring break trips to Canada, Mexico, Bermuda or the Caribbean to make sure they have the proper documents.

All travelers, including U.S. and Canadian citizens, are now required to present proof of citizenship and identity to enter the United States at land and sea ports of entry. This can include a passport, trusted traveler program card like NEXUS or SENTRI, or a birth certificate with a driver’s license. Travelers 18 and under can present just a birth certificate. For a complete list of details, see the Fact Sheet available at www.cbp.gov, as well as Frequently Asked Questions, a Public Service Announcement and CBP Travel Update video. A passport has been required for all travelers entering and departing the United States by air since January 2007.

New Rules for Canadian AND U.S. Citizens Entering the U.S.

2008-02-01T13:27:00.000-08:00

Beginning January 31, 2008, border crossers will be asked to present documents denoting citizenship and identity when entering the United States through land and sea ports of entry. This change primarily affects United States and Canadian citizens, who have previously been permitted entry by oral declaration alone, and marks the transition toward standard and consistent documents for all travelers entering the country.

U.S. and Canadian citizens ages 19 and older should no longer expect that an oral declaration alone will be sufficient to prove identity and citizenship for entry into the country. Travelers will be asked to present documentation from a specified list of acceptable documents when entering the U.S. at land and sea ports of entry. Examples include birth certificates and driver's licenses. A list of acceptable documents is available to travelers at ports of entry and at http://www.cbp.gov/. Children ages 18 and under will only need to present a birth certificate.

DHS Publishes REAL ID Rule; Affects Drivers Licenses

2008-01-30T06:24:00.000-08:00

The Department of Homeland Security has established minimum standards for state-issued driver's licenses and identification cards that federal agencies would accept for official purposes on or after May 11, 2008. This includes: information and security features that must be incorporated into each card; application information to establish the identity and immigration status of an applicant before a card can be issued; and physical security standards for facilities where driver's licenses and applicable identification cards are produced. The rule extends the enrollment time period to allow States determined by DHS to be in compliance with the Act to replace all licenses intended for official purpose with REAL ID-compliant cards by December 1, 2014 for people born after December 1, 1964, and by December 1, 2017 for those born on or before December 1, 1964.

New Rules for Canadian AND U.S. Citizens Entering the U.S.

2008-01-29T06:35:00.000-08:00

Beginning January 31, 2008, border crossers will be asked to present documents denoting citizenship and identity when entering the United States through land and sea ports of entry. This change primarily affects United States and Canadian citizens, who have previously been permitted entry by oral declaration alone, and marks the transition toward standard and consistent documents for all travelers entering the country.

U.S. and Canadian citizens ages 19 and older should no longer expect that an oral declaration alone will be sufficient to prove identity and citizenship for entry into the country. Travelers will be asked to present documentation from a specified list of acceptable documents when entering the U.S. at land and sea ports of entry. Examples include birth certificates and driver's licenses. A list of acceptable documents is available to travelers at ports of entry and at www.cbp.gov. Children ages 18 and under will only need to present a birth certificate.

Pinnix and Galifianakis with "Charlie Two Shoes"

2007-07-20T10:09:00.000-07:00

Jack Pinnix and Nick Galifianakis pose with "Charlie Two Shoes" at the "last" reunion of "Love Company" USMC. Charlie's moving quest for American citizenship is recounted in "Charlie Two Shoes and the Marines of Love Company" by Michael Petterson and David Perlmutt published by the Naval Institute Press.

Allen and Pinnix: 'American Business Is Scapegoated In Immigration Debate'

2006-09-12T08:49:00.000-07:00

(September 12) Allen and Pinnix attorneys Lynn Calder, Alice Glover and Jack Pinnix authored the lead article in the North Carolina State Bar Journal Fall 2006 issue.

The article "Immigration--A Broken System" notes:

While highly regulated, legal business immigration is replete with examples of why and how the current immigration system is broken.

The immigration bar and the business community know that given these limitations and the substantial attendant costs, sponsorship of foreign employees is rarely resorted to except to address shortages in the US work force with workers whose presence is in the national interest. US employers are caught in a nearly impossible situation, which is not of their making. The abusers in most segments of the business world are found within a small, atypical minority. Yet American business is a prime scapegoat in the current immigration debate.

The North Carolina State Bar Journal is a quarterly publication of the North Carolina State Bar.

Poll: 'A Majority of Americans Support Immigration Reform'

2006-06-19T09:17:00.000-07:00

(June 15) The Wall Street Journal reports that Americans appear to be drawing closer to President Bush’s view on immigration. A Wall Street Journal/NBC News poll released on June 15 found “by 50%-33%, Americans support the views expressed by President Bush and also by businesses, Hispanics and Democratic leaders: that steps to strengthen border security should be combined with a guest-worker program for prospective immigrants and those who have been in the U.S. for at least two years. . . a 44% plurality of conservatives back an agenda combining border security and deportation of illegal immigrants”.

Pinnix and Galifianakis Join Marines Honoring "Charlie Two Shoes"

2006-06-02T06:36:00.000-07:00

(May 27) Jack Pinnix, Tsui Chi Hsii ("Charlie Two Shoes"), and Nick Galifiankis at the 2006 Memorial Day Weekend reunion of Charlie’s South China school mates and Marine Corp buddies. Pinnix and Galifinakis represented Charlie during his quest for American citizenship; the journey is chronicled in "Charlie Two Shoes and the Marines of Love Company" by Michael Peterson and David Perlmutt: Naval Institute Press (November 1998). Perlmutt and film producer Stratton Leopold also attended the reunion.