Visa Lawyer Blog

Articles Posted in Comprehensive Immigration Reform

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Jose Antonio Vargas has quickly become the face that has humanized the struggle for immigration reform. Unlike other immigrants, Jose is a Pulitzer Prize winning journalist, Washington Post reporter, activist, and the founder of an immigration awareness campaign called ‘Define American’. Back in June of 2011, Vargas courageously revealed to the world that he was undocumented in a column he wrote for New York Times magazine. In it he describes what his move to the United States was like, the lengths he went to as a child to fit in to the American lifestyle, and what it has been like residing in the United States unlawfully. Jose’s journey to the United States began much like that of any other immigrant. He was smuggled into the United States from the Philippines when he was only 12 years old by an individual he believed to be his relative. Once in the United States, Vargas was raised by his hardworking grandparents who afforded him a better future. From the outset, his upbringing in the bay area of San Francisco appeared to be much like that of any other American child.

It was not until he made a visit to the DMV to obtain his driver’s permit that he realized the green card he was given by his grandfather was in fact fake when he was told by the woman at the DMV window not to come back there again. For years, Jose Antonio Vargas has dedicated his life to standing in solidarity with the thousands of undocumented immigrants residing in the United States illegally. He has done this by serving as the voice of the undocumented, attending hundreds of conferences and speaking engagements, in addition to writing as a distinguished columnist.

Up until July 15th Vargas was able to advocate for the plight of undocumented immigrants without being apprehended despite constantly being in the public eye. A few days prior to July 15th Vargas appeared at a shelter housing Central American children and refugees and attended a vigil to honor them near the Rio Grande Valley. His presence in the region was meant to call attention to the humanitarian nature of the subject. In order to attend the event, Vargas crossed the McAllen, Texas TSA checkpoint, an area known to be highly secured and militarized. Vargas had not given much thought to the possible risk of being detained once he would return to the United States through the same checkpoint. According to the Department of Homeland Security Vargas was detained once he told TSA officials that he was residing in the country illegally. He was then taken to the McAllen Border Patrol Station and was given a Notice to Appear before an immigration judge. He was released within the same day after speaking with Immigration and Customs Enforcement officials. Unfortunately for Vargas, until comprehensive immigration reform is passed, he will continue to be forced to live under the radar. Vargas was not able to qualify for the Dream Act or for DACA, because his age did not meet the cutoff age as required by law. Shortly after being released Vargas issued a statement saying that the undocumented are constantly having to live in fear as a result of the failure of Congress and President Obama to act and bring about a viable solution to the problem. Jose Antonio Vargas challenges Congress to act by asking them the question: how do we define American?

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For many, the American Dream has proved to be far beyond reach. This is the story of our client, Rafael Espinoza Iniguez, as told by his wife, Maria:

Life, Liberty, and the Pursuit of Happiness are birth rights our government sought to protect through a living breathing document known as the Declaration of Independence. These “inalienable rights” have been challenged at times by life’s many obstacles and ironies, some of which are brought about by medical conditions, which are alleviated by research institutions, by economic difficulties, which are alleviated by charities, by social pressures, which are alleviated by advocacy groups, and by injustices, which are alleviated by our government; the institution which has declared to protect our rights as citizens. Our government was designed in its inception as a progressive government by our founding fathers, who were dissatisfied by the tyranny of monarchies, and created this nation with the goal of establishing a just government, recognizing the rights all human beings are entitled to. And so, in pursuing our own life, liberty, and happiness, this is our family challenge:

To present our story in order to advocate for comprehensive immigration reform that will allow entrance into the United States for law abiding and deserving individuals, who have come to this great nation in the pursuit of that same happiness our founding fathers were in search of. 

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Secretary of the Department of Homeland Security Jeh Johnson

On June 05, 2014 the Secretary of the Department of Homeland Security, Jeh Johnson, announced the renewal process for enrollment in the program, Deferred Action for Childhood Arrivals (DACA). Effective immediately, USCIS will begin to accept renewal requests, as well as initial requests from DACA applicants who have not yet benefitted from the program. The first DACA applications that were approved by USCIS will expire in September 2014. USCIS recommends that initial DACA approved applicants file their renewal requests approximately 4 months before their current DACA expires. Following the renewal process, these applicants will be able to remain lawfully present in the United States and apply for an employment authorization valid for up to 2 years. According to USCIS, more than 560,000 applicants have already been approved under DACA since April of this year. The Secretary of the Department of Homeland Security, Jeh Johnson, added that children who crossed the border illegally with their parent(s) in search of a better life, should not be punished as adult offenders and should thus receive different treatment, given that they did not have a choice in the matter.

NOTE: Individuals who have not resided continuously within the United States since June 15, 2007 are not eligible to apply for DACA.

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The Los Angeles Times recently released an article which discusses a new policy taken by the Obama Administration and Department of Homeland Security. The new policy aims at limiting deportations by making small, but significant changes to a program which started under the George W. Bush administration called Secure Communities.

Secure Communities

Secure Communities was created for the purpose of coordinating cooperation between federal immigration authorities and local law enforcement. The program allows federal immigration officials to request to utilize city and town police officials, as well as detention facilities to facilitate removal proceedings for immigrants found to be in the United States unlawfully.

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Aditya Agarwal, VP of Engineering at Dropbox and Joe Green of FWD

Aditya Agarwal, VP of Engineering at Dropbox and President and Founder of FWD. us Joe Green

For decades, immigrants from all parts of the world have come to the United States, bringing with them their unsurpassed talents and ground breaking innovations.  This entrepreneurial spirit was first fostered by our founding fathers and later matched by such brilliant minds as, telecommunications magnate Alexander Graham, Google founder and college dropout Sergey Brin, and Nordstrom founders John W. Nordstrom and Carl F. Wallin, all of whom immigrated to the United States in pursuit of the American dream. Such immigrants have continued to shatter conventions by making significant contributions to our country’s history, its technology, and economy.

In early 2013, the Kauffman Foundation released an updated report as a supplement to the Kauffman Index of Entrepreneurial Activity, which tracks new business creation in the United States. The report studied rates of entrepreneurial activity among different demographic groups during an 18 year period, beginning in 1996 through 2013. Of interest, is the report’s finding that the number of immigrants who were new entrepreneurs in 2013, at 26 percent, was nearly twice that of the native-born population of non-immigrants, a rate that was up 6 points from 19 percent in 2003.

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Last Monday, April 28, Congresswoman Zoe Lofgren, U.S. Representative of California’s 19th district, introduced what is known as a Private Relief Bill to Congress in an effort to reunite fellow DREAMer and San Jose State University college student, David Gonzalez, with his mother Antonia Aguilar. The Private Relief Bill, which is introduced once or twice during each congressional session, is intended to bring congressional awareness to the plight of a specific person, whose situation demonstrates a ‘compelling humanitarian reason’ which would allow them to remain in the country legally.

Ms. Aguilar found herself in the position of being deported from the United States after returning from a trip to Mexico to see her dying father for the last time. David Gonzalez is only one of three of her children, and like thousands of other young men and women across the United States, has had to take on the parental role of raising his younger siblings while tending to his scholarly obligations.

After meeting with the young man and hearing his story, Congresswoman Lofgren echoed the same sentiments that millions across the country have expressed saying, “Sadly, this story is not unique. Our dysfunctional immigration system continues to rip families apart, separating husbands from wives and children from their parents. When our immigration system fails families I step in to do as much as I can….. Even extraordinary efforts on behalf of individuals are often not enough because our immigration system is fundamentally broken and will continue to be broken until we reform our immigration laws.”

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The Law Offices of Jacob J. Sapochnick bring you the most recent developments in immigration policy at the judiciary level. We express our concern at the hesitation the federal judicial system and our federal legislative system has shown in their reluctance to address the issue of comprehensive immigration reform. Recently, two appeals have come before the Supreme Court from the towns of Hazelton in Pennsylvania and Farmers Branch in Texas. These appeals are important because they signal a conflict that has arisen time and time again between state and federal judiciaries regarding immigration policy. Such conflict can only be rectified by calling upon the national government to take a firm stance in clearly delineating immigration law, ultimately setting a precedent for state judiciaries to follow.

Fortunately, the federal government has begun to feel the pressure from the people in hearing such appeals. These appeals clearly bring the issue of comprehensive immigration reform to the forefront specifically in the cases of City of Hazelton v. Lozano (13-531) and City of Farmers Branch V. Villas at Parkside Partners (13-516).

City of Hazelton v. Lozano and City of Farmers Branch v. Villas at Parkside Partners

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Beginning September of 2012, USCIS began granting what is known as deferred action to children who arrived to the United States before reaching the age of 16, having met other various requirements. Eligible deferred action applicants received an employment authorization good for a period of up to two years from USCIS. Applicants who applied for deferred action early on are now facing the expiration of their initial two year employment authorization granted to them by USCIS. Due to this, a DACA renewal process is currently underway, giving qualified applicants the opportunity to request and extend their deferred action, in order to avoid unlawful presence in the United States and be able to continue their employment. Details regarding the renewal process will be released in late May 2014, at which time USCIS anticipates that Form I-821D will be used for the dual purpose of initiating DACA petitions and renewal requests. All DACA applicants who wish to file a renewal request must wait until USCIS releases the new form designated for that purpose. Applicants that wish to file an initial deferred action request and not a renewal, can continue to file using the form currently available.

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It is that time of year where companies and individuals are preparing to send their cases to US Immigration to apply for an H-1B visa. Last year the entire cap was filled in the first week of filing, meaning many people were left out and could not get an H-1b visa. When thinking about how many people could not get jobs through this process, an organization that has studied the affects of H-1b visas on the market came out with a job loss calculator, which estimates the numbers of American jobs lost due to the lack of H-1b visas. Compete America’s calculator estimates that 500,000 new U.S. jobs could have been created this year absent outdated restrictions on H-1B visas. From another perspective, according to Compete America, the 2.37 million new payroll jobs created in 2013 might have been increased by 21 percent under a different H-1B scheme.

So what does this calculator really highlight? Well, the calculator clearly shows the fact that higher-skilled immigrant workers impact the U.S. economy, helping push cutting-edge innovation, which then creates more jobs for everyone. According to a new report by Standard & Poor’s, “Adding Skilled Labor to America’s Melting Pot Would Heat Up U.S. Economic Growth,” which means highly skilled immigrants help create jobs for American workers,  not take them away like many who stand opposed to increasing the cap would claim. Higher skilled workers actually complement U.S. workers’ skills instead of competing with them, and are more likely to start a new business than U.S.-born workers, which further increases innovation and productivity, according to S&P. Research from the National Foundation for American Policy suggests the hiring of each H-1B worker actually creates employment for 7.5 workers in small to mid-sized technology companies.

The insufficient number of H-1B visas goes to a deeper problem of having an outdated system that cannot respond to the demands of an ever-changing economy. Absent a few years of temporary increases, the cap on H-1B visas for skilled workers with bachelor’s degrees has been set at 65,000 per year for more than 20 years. Since demand far exceeds supply, the cap runs out every year, which last year’s cap was filled the first week it was open.

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House Republicans took aim at President Barack Obama’s immigration policy’s that allows young undocumented immigrants to stay in the United States.

The ENFORCE Act, which passed 233 to 181, is not about immigration exclusively. The bill goes after Obama for alleged overreach on a variety of issues, including the Affordable Healthcare Act, education and drug laws. The bill would allow Congress to sue the executive branch for allegedly failing to enforce the law, which could lead to key policies protecting some undocumented immigrants to being dismantled.

This move stands in stark contrast to the immigration principles put forward by House Republican leadership in January and moves further away from the Democrat-controlled Senate actions to try to pass immigration reform. While those guidelines called for young undocumented immigrants who came to the United States as children — often referred to as Dreamers — to receive eventual citizenship, this bill could end the Deferred Action for Childhood Arrivals policy that keeps the same people from being deported.

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