Articles Posted in Comprehensive Immigration Reform

This is a first posting is a series of discussions about the above referenced Bill. We upload a Section-by-section summary of the Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009, introduced by Rep. Gutierrez (D-IL) on 12/15/09. This document was produced by Rep. Gutierrez’s office. Click here for the Summary Download file

The actual Bill is very detailed, ranging from enforcement to Immigration reform changes. For example, one reform discussed is to recognize family unity principles and facilitate backlog reduction, reclassifies spouses and children of lawful permanent residents as immediate relatives. Today such families must wait years to be united.

The government is given greater discretionary authority to waive unlawful presence bars to reunite families upon a demonstration of hardship for applicant’s U.S. citizen or lawful permanent resident family members. Today such applicants must leave the US, apply for a waiver and risk getting denied.

The following immigration-related bills were introduced into the House of Representatives and the Senate in November:

Military Families Act (S. 2757)

Introduced by Sen. Menendez (D-NJ) on 11/09/09

Not an easy time to a US employer these days. Between ICE raids and USCIS H1B site visits, the stress level is on the rise. Here is the latest update – U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Notice of Inspections (NOIs) to 1,000 employers across the country associated with critical infrastructure. This follows an earlier initiative on July 1, 2009 when ICE issued 652 NOIs to businesses nationwide. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This is part of a new initiative illustrating ICE’s increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.

“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces,” said ICE Assistant Secretary John Morton. “We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”
Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.

Protecting employment opportunities for the nation’s lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.

At the same time USCIS continues with enforcement efforts. As part of the Department of Homeland Security’s stepped-up enforcement efforts that include increased audits of businesses to detect immigration and labor law violations, employers are reporting random, unannounced visits by the Fraud Detection and National Security Division (FDNS) of USCIS. The FDNS division has engaged outside contractors and private investigators to conduct approximately 25,000 site visits to petitioners. In addition to verifying the validity of information contained in H-1B petitions, FDNS investigators are apparently using information collected during worksite visits to assist USCIS with developing a fraud detection database. FDNS investigators collect information to develop profiles of the types of organizations that have records of good faith use of immigration programs and records of immigration compliance, and also to identify factors that could be a sign of fraud. Many of these random, unannounced site visits are expected to occur after approval of the H-1B petition or extension. In fact, employers in all industries have reported such worksite visits in recent weeks.

How to prepare? Employers must develop and implement strong compliance policies, audit their I-9s and H-1B public access files regularly, and plan in advance how to respond when immigration agents visit the company. HR personnel must be prepared and know what to say and what not to say when USCIS agents visit. Contact your experienced Immigration Attorney immediately.

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As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:

Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework—but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.

When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.

So you all heard by now about Lou Dobb’s dramatic departure from CNN. He said on air:

Over the past six months, it’s become increasingly clear that strong winds of change have begun buffeting this country and affecting all of us. And some leaders in media, politics and business have been urging me to go beyond the role here at CNN and to engage in constructive problem-solving, as well as to contribute positively to a better understanding of the great issues of our day. And to continue to do so in the most honest and direct language possible.

Whether he felt that the Immigration reform debate will become a major topic in the next year, and his attempts to stop it will fail, or the rise in the pro immigration movement. Whatever it was, we are happy to see him go. Let the voices for Immigration reform take charge and make 2010 the year such change will happen. Good bye Lou!

The House of Representatives on Saturday night passed a sweeping health care bill by a vote of 220-215. In the next few weeks, this bill will be analyzed and there will be various summaries online regarding this important piece of legislation. I would like to focus on the Immigration related matters in the Bill.

The Congressional Hispanic Caucus staunchly oppose including a provision that would bar undocumented workers from using their own money to buy health insurance policies available through the exchange.

The measure is already included in the Senate Finance Committee’s version of the bill and is backed by the White House. Some conservative House Democrats have also indicated their support for the Senate language.

Ever since the President was elected, the hope for Immigration reform was on the rise. In fact, we were all hoping for something to happen by the end of this year. Now we know this is not going to happen.

Ruben Navarrette Jr. from the San Diego Union Tribune wrote an excellent piece today about this issue.

President Obama has placed the immigration reform community at the back of the bus.

President Barack Obama gave a new hope to Immigration reform movement yesterday, when he attended in a White House meeting with more that 100 immigration supporters, and indicating to go ahead with reform soon. However, there is no set deadline but it is expected to hear something in this fall unlike Mr. Obama’s earlier indication for the year to come.

The session was officially hosted by Secretary of Homeland Security Janet Napolitano, who has been sharply criticized by immigrant advocates in recent days for putting too much emphasis on enforcement and too little on reform legislation and making the immigration system more humane.

The meeting was attended by advocacy groups, religious organizations, unions, employers and law enforcement. United Farm Workers Union President Arturo Rodriguez said participants delivered blunt messages to Napolitano that she needed to adjust her public message “Very frankly, one issue was that we want to make sure you’re communicating the importance of immigration as much as you are communicating the importance of enforcement,” Rodriguez said. “We are a nation of laws. We all understand that, but simultaneously we are a nation of immigrants as well that treats people with dignity and respect. We delivered that. I think she got that message loud and clear from everybody.”

New proposed Immigration Legislation which is currently pending in the United States Senate may cause India-based IT companies to step up their operations in Mexico. The bill, by Senators Dick Durbin and Chuck Grassley, would impose a new limit on the proportion of foreign workers who would be allowed to work in the United States under the H1B and L-1 visa programs. The proposed legislation said says for 50-50 rule, which means no more than half of a firm’s U.S.-based employees could be H1B or L-1 beneficiaries. This measure may create uncertainty in Indian IT firms, because their U.S. operations typically have a very high percentage of foreign employees, often far exceeding the proposed 50 percent limits.

Indian IT companies may need to expand their presence in Mexico, because Mexican employees could be sent to the United States under TN visas, available only to Mexican and Canadian nationals, pursuant to the North American Free Trade Agreement (NAFTA). Mexican employees whose education, work experience, and job category qualify them for TN visas, would be able to work in the United States without counting against the Indian company’s 50 percent cap on employees with H1B and L-1 visas.

The TN category is special category created under NAFTA (North American Free Trade Agreement) for qualifying professionals who are nationals of Canada or Mexico. Aliens qualified to enter the U.S. under this category may work for a company located in the U.S. for a temporary period. Moreover, they may also work for a Canadian or Mexican company in the U.S. when those companies are engaged in projects with U.S. based companies. The initial time limit for a TN professional to work in the U.S. is one year. However, this period may be renewed indefinitely, at year to year increments.

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