Immigration Reform News

Shamnesty versus Obamnesty?

admin — Tue, 29 Jan 2013 17:30:36 +0000

So over the last 24 hours everyone’s jumped into the immigration reform news headlines, each with their own agenda. Kind of good timing for all of them because everyone needed a way to turn down the volume on the gun debate.

What better way than for the Gang of 8 to spring into action with their own flavor of immigration reform some are calling Shamnesty.

It right up there with it is the flip side, Obamnesty. The supposed result of tens of thousands of illegal immigrants being granted a “free pass” in the word of those who oppose it.

President Obama came out today with his own early AM statement, and is due to speak later today.

Why are both parties suddenly rallying to this issue? According to an article on Newsday.com, it’s simple:

The simultaneous immigration campaigns were spurred by the November presidential election, in which Obama won an overwhelming majority of Hispanic voters. The results caused Republican lawmakers who had previously opposed immigration reform to reconsider in order to rebuild the party’s reputation among Hispanics, an increasingly powerful political force.

That makes sense, but I doubt many Hispanic voters can be sayed to the Republican side just because some immigration reform was passed, when for years it was Republicans who halted any immigration reform changes of any kind.

Ezra Klien put an interesting spin on the subject of visa caps as they relate to potential economic benefit, found here in detail on Wonkblog:

Perhaps the key architectural question in building a new immigration system (as opposed to figuring out what to do with the failures of the last immigration system) is deciding whether we’ll focus our visas on drawing needed skills (for instance, by favouring immigrants with advanced degrees or who work in sectors, like agriculture, where we need more labor), emphasizing family unification or something else.

Immigration attorneys and lawyers will surely all be wondering what’s about to happen next. Will there be a bonanza of new clients trying to get in under the old system, or a rush of new ones?

Will the issue drag out or come to a sudden definitive closure>

Fast and simple just doesn’t seem like the Washington DC we know right?

Are both parties just showing off? Or is this going to be a fight like health care was?

Comprehensive Immigration Reform News

admin — Mon, 28 Jan 2013 14:11:49 +0000

It appears that comprehensive immigration reform is finally going to be put into place, according to this news article on CBS, as well as this article in The Miami Herald, and this one in Vanity Fair.

The article on the CBS site basically sums up data they, and the Associate Press obtained, here are the proposed comprehensive immigration reform changes:

Creating a path to citizenship for illegal immigrants already here, contingent upon securing the border and better tracking of people here on visas;

Reforming the legal immigration system, including awarding green cards to immigrants who obtain advanced degrees in science, math, technology or engineering from an American university;

Creating an effective employment verification system to ensure that employers do not hire illegal immigrants;

Allowing more low-skill workers into the country and allowing employers to hire immigrants if they can demonstrate they couldn’t recruit a U.S. citizen; and establishing an agricultural worker program.

The ability ALREADY exists for employers to hire foreign workers, which is called PERM Labor Certifcation, and has been around for many years.

And there is also an Agricultural worker program.

It’s more likely that adjustments to existing programs will be made. And also, if the House of Representatives has to be involved in any way, a pitched battle of epic proportions will undoubtedly take place.

So as we know comprehensive immigration reform will some day be a reality, and that might actually be within the next 4 years, let’s count this as just a prelude of what’s to come.

The government clearly defines the system as follows:

The actual process for permanent labor certification varies depending upon the program being used. This Web site contains information regarding the process for filing for each of the programs under the Department of Labor’s (DOL) jurisdiction. The filing of applications is the responsibility of the employer, not the employee. However, the employee can benefit from understanding the program being utilized in his/her behalf. In general, the DOL works to ensure that the admission of foreign workers to work in the U.S. will not adversely affect the job opportunities, wages and working conditions of U.S. workers. Once a permanent labor certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS.

We’ll be updating this article throughout the day, and will report back with any major developments.

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Immigration: Gangster Tats = Visa Denied

admin — Wed, 11 Jul 2012 21:27:21 +0000

That’s right. If you happen to be a member of Mara Salvatrucha MS-13, it’s a given you’ll have a lot of tats to confirm it. The tattoos very clearly say things like “Mara Salvatrucha” and “MS-13″. Doesn’t take much brain power to catch it.

This is exactly what some immigration officers are using as a reason to DENY entry or a Visa. According to this article in Wall Street Journal:

“If you are sporting a gang tattoo, it is reasonable for a consular officer to investigate if you have gang affiliations,” said Ira Mehlman, a spokesman for the Federation for American Immigration Reform, a group that favors curbing immigration to the U.S., adding, “Our government is competent to make these decisions.”

Hi, I'm Mr. Mara Salvatrucha

Now the debate starts up about what’s body art, and what’s an express symbol and confirmation of gang affiliation, and perhaps how context matters. Real MS-13 don’t go around volunteering in schools, and none have clean records.

“Because I like art, they try to put a mask of a bad person on me,” Mr. Villalobos said. “My record tells the truth.” According to the Colorado Bureau of Investigation, Mr. Villalobos has never been arrested. A notarized letter from an elementary-school teacher describes Mr. and Mrs. Villalobos as “supportive, involved parents that are always the first to volunteer for classroom activities.”

In one way I agree with this, but in another I do not.

On one hand,

-I grew up in Chicago, -where gangs are a way of life, and destroy the city to this day, -and these Chi-Town gangsters are all Citizens.

Maybe stopping obvious MS-13 and others at the border is a good idea, -because if they get in, -they’re gonna light it up against the locals. Or worse, -manage them better.

Just one "set" of Gangster D's.

Even Rahm Emmanuel can’t stop it or even understand it.

As Edward McClellan of NBC Chicago points out:

This is not a man who knows the streets of Chicago. Emanuel may have made a D.C. mistake when he brought Garry McCarthy in from Newark to serve as chief of police. McCarthy may be the smartest cop in America. He may give the best Power Point presentation about how his use of CompStat statistics cut the number of murders in New York to its lowest levels since the 1960s. That technocratic image goes a long way in Washington. But McCarthy doesn’t understand Chicago gangs. Source: http://www.nbcchicago.com/blogs/ward-room/Does-Mayor-Emanuel-Understand-Chicago-161949525.html#ixzz20LoQ9tgY

Neither can Oakland Mayor Jean Quan, Oakland falling apart as well, and all they can do is talk up new development. In virtual free-fire zones.

Oakland Mayor Jean Quan just can’t get away from the crime issue.

That was clear the other day when Quan joined Gov. Jerry Brown and U.S. Transportation Secretary Ray LaHood at Jack London Square to talk up a $15 million federal grant for the city’s port operations.

Afterward, when a reporter tried to ask Quan about the shooting Sunday night that wounded five people outside the Regal Cinemas movie complex at Jack London Square just a block away, the mayor dashed off – saying she didn’t want to be “stepping on” the big port announcement.

On another hand,

-how can you know one guy’s tats are from a gang, every single time? Art and design as ink on skin is sort of a cryptic thing in the first place.

Plus, -doesn’t our nation have laws about this already? And conversely, would an I LOVE USA tattoo help expedite entry?

I Love You, -now let me in.

Is this actually a form of discrimination conveniently labelled as crime prevention? The only way to get it right is to look at criminal records, -that is certain. Looking at tattoos only isn’t going to cut it.

So this is the backdrop against which some in the immigration establishment are now focusing.

Forget Joe Arpaio’s misguided profiling of everyone who isn’t Joe Arpaio, -here come some folks who have found a more specific manner in which to vet who gets in.

Problem is, there’s no list of defined tattos. Law enforcement has some, but how much can you trust them when many are actually in the pay of the very gangs they act as though they enforce against?

Obviously, symbols like the below are more difficult to figure out. Only those in the know understands these are secret symbols within MS-13.

No, this isn't my favorite poker hand.

Just as “knowing the laws” in Chicago street gangs is a secret way to confirm if another gang member is who and what they say they are. Latin Kings have one set of “laws”, and Gangster Disciples still another. Their tattoos are in English and easy to figure out.

But what about the Russian Mafia. All their tattoos are in Cyrillic!

Foreign language gang tattoo, or friend of USA?

And how about Yakuza? I bet a lot of consular officials can read Japanese.

While border agents and consular officials try to sort out justifications of the actions regarding tattoos, it’s highly unlikely the core problem of gangs in America will be solved anytime soon.

But on the flipside, -there will be a few Mexican Mafia guys who get caught out, -their boss won’t be happy. Upside -big boom in tattoo removal business!

If you have tattoos of any kind, -it’s probably a good idea to get an immigration attorney.

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Visa Waiver Proposal!

admin — Tue, 10 Jan 2012 02:54:16 +0000

President Obama last Friday submitted a visa waiver proposal of new rules streamlining the process for some illegal immigrants to remain in the country while they apply for citizenship. U.S. spouses would be able to file “Hardship Waivers” and the time to process them could be cut significantly.

Some of today’s headlines:

Some illegal immigrants with U.S. citizen spouses or parents would be allowed to apply for hardship waivers from the U.S. But Republicans accuse the president of proposing these visa waivers as a ‘backdoor amnesty.’

And;

Several senior House liberals are cheering President Obama this week after his administration proposed new rules making it easier for some illegal immigrants to remain in the country while they apply for citizenship.

Immigration Reform will now move forward in significant, focused measures. Bypassing Congress altogether, President Obama is sure to win support for re-election, to make good, even if he was very late in doing so, on campaign promises to Hispanics — a huge and growing U.S. voting bloc that helped him win the presidency in 2008:

“The President deserves credit for setting in place another essential building block through administrative action — moving us closer to a common sense immigration policy — that puts America, its families and its economy first,” Rep. Xavier Becerra (Calif.), vice chairman of the House Democratic Caucus, said Friday in a statement.

Will his visa waiver proposal actually help him though? Hispanic members of the GOP in Florida don’t think so. This visa waiver proposal seems pretty transparent to them. But if they consider who was actually in Obama’s way when he failed to deliver, they’ll perhaps be able to focus their power in the way that it should be, instead of sabotaging their true aims.

Here’s a video from the White House:

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Will Albany Pass DREAM Act Too?

admin — Sun, 23 Oct 2011 18:47:14 +0000

States are passing their own immigration laws, and a far faster rate than the federal government is moving on the issue.

Everyone knows that flase promises by both sides make or break Federal elections in the various branches of the government, -but States tend to speak their minds by passing laws.

Arizona goes one way, California goes another.

Governor of California, Jerry Brown, did just that on October 8th.

Declaring the need to expand educational opportunity, Gov. Jerry Brown announced Saturday that he has signed legislation making illegal immigrants eligible to receive state financial aid to attend California universities and community colleges.

Brown said he signed the California Dream Act because it makes sense to allow high-achieving students access to college financial aid.

“Going to college is a dream that promises intellectual excitement and creative thinking,” Brown said in a statement. “The Dream Act benefits us all by giving top students a chance to improve their lives and the lives of all of us.”

And Albany might just do the same as California, at least along the lines of Education rights.

New York State is poised to pass a legislative agenda that focuses on granting illegal immigrants access to financial assistance for public universities, a step that California took a few days ago. John King Jr., the state’s education commissioner to the Board of Regents, tells the Times that, “It’s about making sure that students are able to fulfill their aspirations after their graduate from high school.” New York allows undocumented immigrants to pay in-state tuition, but the move is part of a larger strategy to lobby Congress to pass a version of the Dream Act, which would give students who completed two years of college or military service a path to citizenship.

The article here on the Gothamist, covers it in full.

Janet Napolitano at Sanford School of Public Policy

admin — Fri, 21 Oct 2011 19:57:26 +0000

Secretary of the U.S. Department of Homeland Security Janet Napolitano appeared before a large audience at the Sanford School of Public Policy to discuss the subject of security.

Basically, because there hasn’t been much focus on implementing immigration reform,her leadership of the DHS has had to focus on enforcing existing laws.

The discussion centered around operational facets of DHS, as well as various internal policies and how they relate to new and existing security concerns.

She did stat:

“I am a strong believer in the Dream Act,”

which seems to conflict with an item listed here linking to a report by ex-generals that the US Border is a veritable lawless zone.

Especially since she noted that:

“I have never seen the borders more secure,”

So which is it? The boss says they are secure, POTUS says they’re secure.

The Duke University article on the subject goes into more detail about how her department works in the context of day-to-day operations:

The department operates in an “evolving threat environment” and seeks to “maximize our ability to minimize risk,” she said. The paradigm for terrorism has changed, from a complex conspiracy created abroad and coming here, to a growing threat from homegrown, “lone wolf” actors. She pointed to the Fort Hood shooting and the bomb planted along a parade route in Spokane, Wash., as examples of domestic terrorism.

“Homeland security is really hometown security,” and is a shared responsibility, she said.

The article also quoted Janet Napolitano on her response to a question about the DREAM Act:

During a question-and-answer session, an audience member identified herself as “an undocumented dreamer,” while her companion asked if President Obama would enact Dream Act provisions via executive order.

“The president will not do it through executive fiat. Only Congress can address this,” Napolitano said, but she stressed the importance of Obama’s support for the reform, which until recently had bipartisan support.

The U.S. Border and Immigration Reform

admin — Fri, 21 Oct 2011 18:36:39 +0000

It’s true, one part of United States immigration policy has a major focus on our border with Mexico.

Other countries, like Thailand, surrounded on all sides by countries just like Mexico, have a much tougher time with borders.

This article in Reuters by Bernd Debusmann today focuses on the border element, it’s an interesting read.

His most significant point is about President Obama promising so much reform, yet delivering so little.

By way of allowing those embedded in the enforcement side continue to view the border strictly in terms of crime.

To prove it, Mr. Debusmann also includes a link to a report by some Retired Generals including former drug czar Barry McCaffrey. It’s title: “Texas Border Security: A Strategic Military Assessment”.

Mr. Debussman’s best point is that:

The Secure Fence Act defined operational control as “the prevention of all unlawful U.S. entries, including entries by terrorists, other unlawful aliens, instruments of terrorism and other contraband.”

To do that, the U.S. Border Patrol has been doubled in size (to around 20,000 agents) under a build-up begun in the administration of George W. Bush and continued under Obama, who won the presidency partly thanks to Latino voters who believed his campaign pledge that he would push through “comprehensive immigration reform” within one year of taking office.

That reform is meant to tackle all aspects of the system, from complicated entry visa regulations to the presence of an estimated 10 million illegal immigrants, the majority Mexicans, already in the country. Once in office, he made little effort to fulfill his promise but his administration steadily stepped up the pace of deportations. They reached a record 400,000 in the fiscal year that ended in September.

The irony of so much emphasis on deporting illegal immigrants under a president who promised so much more has not escaped the Latino community and groups supporting a balanced approach to the complex problem. Joanne Lin of the American Civil Liberties Union noted that the record deportations came at a time when “illegal immigration rates have plummeted, the undocumented population has decreased substantially and violent crime rates are at their lowest in 40 years.”

Violent crime across the United States has been dropping every year since 2006, according to statistics from the Federal Bureau of Investigation. Does that hold true for the border region the generals’ report describes as a war zone under assault from Mexican gangs?

Checkout the article in more detail, and these articles:

At Sanford, Napolitano Discusses Security Challenges

GOP panel hears Latinos vent at conference

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DHS Report: “U.S. Legal Permanent Residents: 2009″

admin — Sun, 21 Nov 2010 20:29:24 +0000

As always stated in our report reviews, an essential component of the immigration reform dialogue is information gathering.

Here’s another DHS report, this time on the subject of Permanent Residents, which are usually individuals who reside here via a “green card”. Even though it came out some time ago, it will likely be used as a reference point for politicians in the upcoming immigration reform debate.

The document is titled: “U.S. Legal Permanent Residents: 2009” and is written by RANDALL MONGER.

A Permanent Resident is specifically defined in the document as follows”

“A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United States. Permanent resident status confers certain rights and responsibilities. For example, LPRs may live and work permanently anywhere in the United States, own property, and attend public schools, colleges, and universities. They may also join certain branches of the Armed Forces, and apply to become U.S. citizens if they meet certain eligibility requirements. This Office of Immigration Statistics Annual Flow Report presents information obtained from applications for LPR status on the number and characteristics of persons who became LPRs in the United States during 2009.”

The introduction by Mr. Monger mentions the basics:

“In 2009, a total of 1,130,818 persons became LPRs of the United States (see Table 1 and Figure 1). The majority of new LPRs (59 percent) already lived in the United States when they were granted lawful permanent residence. Nearly two-thirds were granted permanent resident status based on a family relationship with a U.S. citizen or legal permanent resident of the United States. The leading countries of birth of new LPRs were Mexico (15 percent), China (6 percent), and the Philippines (5 percent).”

And some of the excerpts are as follows:

Mr. Monger continues, with some information on the newest trends:

“Legal immigration increased 2.1 percent from 1,107,126 in 2008 to 1,130,818 in 2009 (see Table 1). LPR adjustments of status increased 4.2 percent from 640,568 in 2008 to 667,776 in 2009. Adjustments of status in 2009 were driven by a decrease in applications pending a decision rather than an increasing number of applications received during 2009. Fifty-nine percent of new LPRs in 2009 were adjustments of status and 41 percent were new
arrivals (see Table 1).”

He continues, by outlining “Region and Country of birth”:

“The leading regions of birth of persons becoming LPRs in 2009 were Asia (37 percent) and North America (33 percent) (see Table 3). Together, Asia and North America accounted for approximately 70 percent of the LPR flow each year from 2007 to 2009. In 2009, 15 percent of all persons becoming LPRs were born in Mexico. The second leading country of birth was China (5.7 percent), followed by the Philippines (5.3 percent), India (5.1 percent), and the Dominican Republic (4.4 percent). These five countries accounted for 35 percent of all new LPRs in 2009.”

Mr. Monger then summarizes the stats on State and Metro-area of residence:

“California was the state of residence of one-fifth (20 percent) of persons gaining LPR status in 2009 (see Table 4). Other leading states of residence included New York (13 percent), Florida (11 percent), Texas (8.4 percent), and New Jersey (5.2 percent). These five states represented the residence of 58 percent of new LPRs in 2009. The leading metropolitan areas of residence for new LPRs in 2009 were New York-Northern New Jersey-Long Island, NY-NJ-PA (17 percent) and Los Angeles-Long Beach-Santa Ana, CA (8.6 percent) (see Table 5). Other prominent locations included Miami-Fort Lauderdale-Pompano Beach, FL, Washington-Arlington-Alexandria, DC-VA-MD-WV, and Chicago-Naperville-Joliet, IL-IN-WI. These five metropolitan areas accounted for the residence of 40 percent of new LPRs in 2009.”

You can download the the very insightful and well-organized report here.

DHS Report: Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009

admin — Sun, 21 Nov 2010 19:48:41 +0000

An essential component of the dialogue regarding immigration reform is to collect as much information as possible.

The DHS has published the following document entitled: “Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009” written by MICHAEL HOEFER, NANCY RYTINA, AND BRYAN C. BAKER

The summary notes:

“In summary, DHS estimates that the unauthorized immigrant population living in the United States decreased to 10.8 million in January 2009 from 11.6 million in January 2008. Between 2000 and 2009, the unauthorized population grew by 27 percent. Of all unauthorized immigrants living in the United States in 2009, 63 percent entered before 2000, and 62 percent were from Mexico.”

With a notation on the resulting trends:

“Between January 2008 and January 2009, the number of unauthorized immigrants living in the United States decreased seven percent from 11.6 million to 10.8 million (see Figure 1). Between 2000 and 2007, the unauthorized population grew by 3.3 million from 8.5 million to 11.8 million. The number of unauthorized residents declined by 1.0 million between 2007 and 2009, coincident with the U.S. economic downturn. The overall annual average increase in the unauthorized population during the 2000-2009 period was 250,000.”

State-by-State numbers are outlined in the paper as follows:

“California remained the leading state of residence of the unauthorized immigrant population in 2009, with 2.6 million (see Table 4 and Appendix 2). The next leading state, Texas, had 1.7 million unauthorized residents, followed by Florida with 720,000,

New York with 550,000, and Illinois with 540,000. California’s share of the national total was 24 percent in 2009 compared to 30 percent in 2000. The greatest percentage increases in the unauthorized population between 2000 and 2009 occurred in Georgia (115 percent), Nevada (55 percent), and Texas (54 percent).”

You can visit the main site here, and again for ease of use, the full document is here.

ICE Arrests 54 in Operation RAPID

admin — Sun, 21 Nov 2010 17:50:00 +0000

Agents from several federal agencies in the New York area arrested 54 previously deported criminals throughout New York City and it’s surrounding areas.

Check out the ICE press release for all the details. Consider it the primary source of information.

The operation is the largest to date, dwarfing all preceding it.

Also of note, it was conducted with minimal involvement of local authorities and used federal arrest warrants.

According to the ICE press release:

All 54 individuals arrested on the federal arrest warrants have been remanded to the custody of the U.S. Marshals Service.

The U.S. Attorney’s Offices in the Eastern and Southern Districts of New York will be handling the prosecutions.

The following agencies took part:

ICE Office of Enforcement and Removal Operations;

Office of Homeland Security Investigations;

U.S. Marshals Service, New York office, and;

New Jersey Regional Fugitive Task Force

Operation RAPID stand for “Re-enter, Arrest, Prosecute, Incarcerate, Deport” and targets scofflaws who breach our laws and then return to engage in even more crimes.

It appears an efficient and well-managed federal-level effort is underway, one that’s making amazing strides with each passing day. In our opinion, this is concrete action of the best kind.

It also compliments pending immigration reform dialogue about to take place in the US Senate and House of Representatives and shows the enforcement issue is not just about “illegal workers”.

It’s probably the most interesting news in the entire immigration paradigm right now, because there just no contention. These are criminals. They were removed. They came back against all orders to stay out. They were targeted, located, and captured. They deserve what they get and then some.

Does this portend genuine immigration reform? We think such activity anticipates changes in the laws and structures of various agencies down the road. It’s well-timed and has unquestioned support up and down the line.

If the federal agencies working on these operations can benefit from supportive congressional changes that follow up their efforts, it really would signal that both the legislative and judicial branches are both on the same page. This is a welcome scenario no matter what country you are referring to and shows that playing politics is useless, -getting out there and doing something, that’s what matters.

Here are some of the quotes in the press release made by federal officials:

“This enforcement action underscores ICE’s commitment to strategic, sensible immigration enforcement that enhances public safety,” said ICE Director John Morton. “ICE will continue to target, arrest, and remove those who come to this country to pursue a life of crime rather than the American dream.”

“These arrests vividly show how cooperation among law enforcement agencies at the federal, state and local levels produces positive results,” said Lenny DePaul, Commanding Officer, U.S. Marshals Service’s New York/New Jersey Regional Fugitive Task Force “We’ve arrested 51 previously deported criminal aliens who will now have to face justice on the crimes they’ve committed, and for that, our streets are safer.”

Indeed, and a job well done! It’s our opinion that any future immigration reform must undoubtedly enhance these operations and refrain from diminishing them on the grounds they benefit us all and work using existing laws, regulations and agencies.

Here are some more details from the ICE article:

“This week’s special enforcement action was a joint initiative between the ICE National Fugitive Operations Program (NFOP) and the ICE Criminal Alien Program’s Violent Criminal Alien Section (VCAS). The NFOP is responsible for locating, arresting and removing at-large criminal aliens and immigration fugitives – aliens who have ignored final orders of deportation handed down by the nation’s immigration courts. VCAS screens recidivist criminal aliens encountered to deter and reduce future recidivism rates of violent criminal aliens by seeking criminal prosecution. In coordination with the U.S. Attorney’s Office, the VCAS prioritizes federal criminal prosecution of egregious recidivist criminal aliens for felony violations. Illegal re-entry after deportation is currently the most prosecuted federal offense nationwide.”

Check out the ICE website, there are quite a few articles of note on it and in our opinion it’s really moving along at a brisk pace. New information is published daily, and you will likely find more useful information there as it’s at the center of the action.

If you are interested in playing your part, you can always volunteer information you might have by calling 1-866-DHS-2-ICE. This isn’t about jailing some hungry worker who made a mistake and didn’t follow the rules.

Additionally, if you feel so inclined, you can always call your congressional representatives as well and express your support of operations such as these. They go a long way toward protecting us all and you can consider it one area where there’s solid proof of your tax dollars being used wisely.