Articles Posted in Comprehensive Immigration Reform

The United States has traditionally been viewed as one of the most emigrated-to countries in the world. A nation of immigrants in its own right, the federal government has long been tasked with developing an immigration policy that balances the benefits of foreign human capital with the drawbacks of increased competition for local jobs. Today, the lexicon of the economics of immigration is one of start-ups; federal immigration policy seeks to create incentives for talented and skilled foreigners to contribute to the U.S. economy through the creation and facilitation of startups. That said, there are a number of problems facing the U.S. immigration system that have threatened this overall goal.

Causes for Concern

While the policies implemented by the U.S. Citizenship and Immigration Service (USCIS) are relatively sound in their purpose and overall trajectory, there are a number of procedural hurtles facing the immigration system today. Studies have shown dramatic increases in visa denials to employees with specialized knowledge, and in particular, Indian nationals are facing the highest increase in the rate of denials. Even where visa’s are not actually denied, there are less burdensome but nevertheless taxing hurdles for many immigrants with specialized skills; USCIS authorities have increasingly required applicants with special knowledge to provide additional information supporting their petitions in 63% of cases in 2011, as opposed to 17% in 2007. Finally, there is an enormous delay in processing of visa applications; for example, the EB2 visa applications for Indian nationals currently being reviewed date back to 2004, and biannual government shutdowns have only exacerbated the problem.

Can undocumented immigrant lawyers practice law in the U.S.? That is a question that some states have been considering for several years now. Recently, a bill was passed in California that now permits undocumented immigrant lawyers to practice law in California. Last week, Gov. Jerry Brown signed AB 1024 into law, allowing undocumented immigrant lawyers to practice law in the state of California.

The bill was inspired by Sergio Garcia, 36, who had been waiting for four years to have the opportunity to practice law in California. In 2009, he graduated from Cal Northern School of Law, passed the bar exam and the moral character requirement but was denied a license because of his immigration status. Due to Sergio Garcia’s case, California is the first state in the nation to allow undocumented immigrants to practice law in the U.S. When he got the call from Assemblywoman Lorena Gonzalez (D), the author of the bill, telling him that his battle was over, Garcia said he let out “happy tears.” “I got choked up. I allowed myself to relieve the stress and everything I have felt,” he said. “But more than being happy for myself, I am just happy for people in my same situation who are not going to have to suffer in making their dream of becoming an attorney a reality”
A San Diego criminal immigration attorney, Narciso Delgado-Cruz, whose clientele is nearly 95 percent Latino, said the greatest impact this new law will have on the profession is the change in perspective. There will be new lawyers with a different “worldview,” he said. “It’s not only about being able to communicate,” Delgado-Cruz said. “Clients want to be understood, they like it when a lawyer can relate to their struggles, their fears and their dreams.”
On the same token, Garcia, who plans on practicing civil litigation and some immigration law, said the immigrant community is “extremely underserved” and they need lawyers that understand their challenges. “The ability to be of service to the community and be a vehicle for social change and equality is a great thing that will help not only society but the economy in general,” he said.

But some argue the law goes too far – particularly because lawyers take an oath to uphold the law and, critics say, are breaking it by being in the country illegally. “…If you are a lawyer who knowingly is breaking the law,” wrote Tod Robberson, an editorial writer for the Dallas Morning News, ”why should anyone trust you?”

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While immigration news of late has not been too positive with Congressional immigration reform being stalled while the U.S. government works on resolving its own budget situation, California recently passed a law that will have a positive impact on the immigration community. Governor Jerry Brown signed into law the Trust Act, a law that rejects the cloud of suspicion that the Obama Administration has cast over immigrant communities and sets the immigration debate in the right direction.

The TRUST Act ensures that California law enforcement will not submit to requests by ICE to hold people who have been charged with or convicted of only minor crimes for extra time in order to facilitate their transfer to immigration. The bill was considered, drafted, and passed by the California legislature as a response to the overly common experience of an interaction with law enforcement resulting in deportation, which sent a chilling effect throughout California communities and endangered public safety by making people afraid to call the police. A recent study showed that 40% of Latinos in Los Angeles were less likely to call police even when victim of a crime due to the police’s perceived involvement in immigration. If it is more important to prevent crime from happening in our communities, then people need to know they can trust the police are focused on that over any other issue.

Under the new policy, California law enforcement will no longer blindly comply with every immigration hold request from ICE. Instead, California officials will only detain a person for immigration if that person meets any of the following criteria:

Since the Government Shutdown announced, I keep getting calls about the impact on Immigration Matters. Clients on H1B visas working for the government want to know how this will affect their legal status; Applicants in removal proceedings are wondering when the next hearing date will be scheduled. The bottom line this is a real mess.

Most of the country’s immigration courts are either closed or working limited schedules because of the United States government’s shutdown. That means some immigration court decisions could be delayed for months.

If the shutdown goes on for days, it means some immigration cases could languish in the already backlogged system.

Many of our clients visiting local USCIS offices in the past week or so, notices a new system upon arrival. Beginning September 9, 2013, USCIS will employ a new verification tool called Customer Identity Verification (CIV) in its domestic field offices. Customers will now submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit.

CIV will enhance the integrity of the immigration system and combat identity fraud by allowing USCIS to biometrically verify a customer¿s identity. Having resolved a technical issue that delayed the original launch, the tool will now be phased in between September 9 and October 21, 2013 to customers attending an interview or being issued evidence of an immigration benefit.

How It Works:

Several clients reported recently of strange calls received asking for money to fix incorrect immigration info. The clients were very worried since the caller ID had an official call back ID. Now we know this is a big scam. AILA reported recently that USCIS issued an alert about this fraud.

In recent weeks, U.S. Citizenship and Immigration Services (USCIS) learned of a new telephone

scam targeting USCIS applicants and petitioners. Scammers are using a technique called “Caller ID spoofing” to display a misleading or inaccurate phone number in a recipient’s Caller ID. The scammer poses as a USCIS official and requests personal information (such as Social Security number, passport number, or A-number), identifies supposed issues in the recipient’s immigration records, and asks for payment to correct these records.

More than 100 Republican donors — many of them prominent names in their party’s establishment — sent a letter to Republican members of Congress on Tuesday urging them to support an overhaul of the nation’s immigration laws.

The letter, which calls for “legal status” for the 11 million immigrants here illegally, begins with a simple appeal: “We write to urge you to take action to fix our broken immigration system.”

The effort was organized by Carlos Gutierrez, who was secretary of commerce under President George W. Bush and was a founder of a “super PAC,” Republicans for Immigration Reform. The letter is the beginning of a campaign to lobby Republican lawmakers in favor of a broad immigration bill as they return to their districts for the August break.

As the immigration debate dragged on in the House of Representatives, Speaker John A. Boehner offered perhaps his most optimistic assessment yet when asked how member education efforts were going in the House for an overhaul of the nation’s immigration laws.

Mr. Boehner told reporters on Thursday. “I think it’s going pretty well. We had a great conversation last week. The more this issue is around, the more action there is in committee, the more information there is for the members to put their hands on. And, frankly, the American people are engaged in this issue as well.”

He added: “You know, it’s not just organizations that are up here lobbying for immigration reform. You got a lot of individuals, a lot of constituents, who have opinions on this, and all this serves to help educate our members.”

In a recent news report, Former President George W. Bush made statements that threw his weight behind comprehensive immigration reform during an interview that aired Sunday on ABC’s “This Week,” saying it is “very important” Congress fixes a “broken” immigration system, and predicting that a comprehensive bill “has a chance to pass.”

In the interview, Bush’s thoughts were that “I think it’s very important to fix a broken system, to treat people with respect, and have confidence in our capacity to assimilate people.” He did not explicitly endorse a recently passed Senate immigration reform bill, only saying the legislative process can be “ugly,” but it appears as if Congress is “making progress.”

“It’s a very difficult bill to pass because there is a lot of moving parts,” he explained. “I understand sometimes you get legislation through that you want….But sometimes…it takes time for some of these complex issues to evolve. And looks like immigration, you know, has a chance to pass.”