Thursday, May 29, 2008
Michigan Governor Signs Bill Allowing Nonimmigrants to Obtain Driver's Licenses
Last month, Michigan instituted a policy under which the state would issue driver's licenses only to U.S. citizens and lawful permanent residents. The policy made foreign nationals with lawful nonimmigrant status, and those without immigration status, ineligible for driver's licenses as first-time applicants. The policy was immediately a source of intense controversy, and became the target of a federal lawsuit filed by the American Civil Liberties Union (ACLU).
Wednesday, May 28, 2008
Rhode Island will Require Use of E-Verify for State Contractors
The Department of Attorney General, Lieutenant Governor, Secretary of State, and General Treasurer are exempt from this requirement. The Executive Order does not contain an effective date, and officials in Rhode Island have not yet confirmed when the E-Verify requirement will take effect.
E-Verify is an Internet-based system administered by U.S. Citizenship and Immigration Services (USCIS) with the Social Security Administration (SSA). E-Verify provides access to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.
Tuesday, May 27, 2008
Western Hemisphere Passports Requirements Take Effect
WHTI compliant documents include: cards issued under DHS's prescreening programs for trusted travelers – including NEXUS, SENTRI, and FAST cards; the new U.S. Passport Card for U.S. citizens; or a special Enhanced Driver's License, which contains additional security features. Enhanced Driver's Licenses are issued by U.S. states or Canadian provinces through a partnership with DHS. Currently, only Washington State is approved to issue an Enhanced Driver's License.
All travelers entering the United States by air from within the Western Hemisphere have been required to present a valid passport since January 23, 2007. Requirements for citizens of Mexico remain unchanged. These foreign nationals must present a passport and a valid visa or Form DSP-150 (the B-1/B-2 laser visa and border crossing card) when traveling by air, land, or sea. Trusted traveler cards are also accepted.
Monday, May 26, 2008
Utah enacts Illegal Immigration Act
The Act recognizes E-Verify and the Social Security Number Verification Service as acceptable forms of status verification systems. The requirement for all public employers in Utah to use a status verification system will take effect on July 1, 2009.
The Act defines a public employer as a department, agency, instrumentality, or a political subdivision of the state. State contractors who enter into a contract for the physical performance of services with a public employer in Utah must register and participate in a recognized status verification system to verify the work authorization of its new hires.
This requirement applies to contracts for the physical performance of services within the state of Utah entered into after the Act takes effect. Contracts for services that involve underwriting, remarketing, broker-dealer activities, securities placement, investment advisory, financial advisory, or other financial or investment banking are exempt from this requirement.The Act defines a contractor as a subcontractor, contract employee, staffing agency, trade union, or any contractor regardless of its tier.
Subcontractors to state contractors must certify by affidavit that they have verified the employment status of each new employee through a status verification system. Utah's required use of a federal work authorization program supplements and does not substitute the federal requirement to complete Form I-9 Employment Eligibility Verification. More generally, the Act seeks to regulate various aspects of immigration, such as access to public benefits by foreign nationals, issuance of state identification documents to foreign nationals, and use of local law enforcement to enforce immigration law.
Sunday, May 25, 2008
RUSSIA - Russian Companies Planning to Employ Foreign Nationals in 2009 Must Submit a Declaration of Need
Declaration forms must be signed and stamped by a company official, and submitted to the Interregional Information Business Center in-person by a company representative. The declaration form requests information about the number of foreign national employees needed, the positions to be filled, and the salary and citizenship of the potential employees.
Please note that, in certain instances, the Russian immigration authorities have refused to process 2008 employment permits for employers who did not submit the requisite declaration in 2007. It is not yet clear whether a company will be able to amend its declaration after May 1, 2008 and employ more foreign nationals in 2009 than indicated on the declaration form. The government did accept some amended declarations for 2008 at the end of 2007 and the start of 2008. It is also not clear how or whether recently established companies, that were unable to submit declarations in 2007, will be able to hire foreign nationals in 2008.
If such companies are permitted to employ foreign nationals, at a minimum, they will be required to submit a declaration before applying for employment permits. Declaration forms are subject to extensive scrutiny by the Russian labor authorities. Therefore, employers are advised to provide as much detail as possible in their declaration forms.
Saturday, May 24, 2008
House Passes Bill to Reduce Processing Times for O and P Visa Petitions
The bill will now go to the Senate for consideration.The O nonimmigrant visa provides admission into the United States for persons deemed to possess extraordinary ability in the arts, sciences, education, business, or athletics, or to those persons with extraordinary achievement in motion picture or television production. The P nonimmigrant visa classification provides admission into the U.S. for persons who are internationally recognized as athletes or entertainers, and for those who perform as artists or entertainers in culturally unique programs.
Friday, May 23, 2008
Illinois Law Prohibiting the Use of E-Verify Further Suspended
In September 2007, the federal government sought to block implementation of the Illinois law by filing a lawsuit challenging its legality. Illinois agreed to suspend the law twice before as part of the litigation, the last time until April 15, 2008. This week, the federal government and the State of Illinois agreed to put a hold on the lawsuit for another sixty days while the Illinois legislature considers a bill to amend the E-Verify law.
As a result, Illinois will not enforce the law during the hold period. During this timeframe, employers operating in Illinois may continue to enroll in and use E-Verify. As we reported earlier, the Illinois law would prohibit the use of E-Verify until the Department of Homeland Security and Social Security Administration (SSA) databases are able to resolve 99% of the discrepancy notices they issue within three days.
Also under the law, employers that use E-Verify must (1) complete a standard attestation form issued by the state's Department of Labor, and (2) post in a place accessible to all prospective employees a notice stating that the employer is enrolled in E-Verify, along with standard anti-discrimination notices. While Illinois will not enforce the section of the law prohibiting the use of E-Verify, these additional requirements have been in effect since January 1, 2008. At this time, it is uncertain how the litigation will affect the additional requirements.
Thursday, May 22, 2008
Arizona Amends E-Verify Law
The bill makes it clear that independent contractors are "employers" under LAWA and not "employees." If an employer is found to have employed an unauthorized worker, it will only have its license suspended at the specific location where the unauthorized worker was employed, not state-wide (unless the employer does not hold a license specific to that location, in which case the license for its primary place of business will be suspended).Expansion of Enforcement Provisions.
The bill expands the offense of knowingly or intentionally employing an unauthorized worker to include the use of contracted labor with knowledge that unauthorized workers will perform labor under the contract. The employment of an unauthorized worker, even if he or she no longer works for the employer when a complaint is filed, is now actionable (provided the worker was hired after December 31, 2007). In addition, the bill authorizes law enforcement officials to assist in investigations under LAWA.
Broadened Good Faith Defense. LAWA provided a defense to employers that make a good faith effort to comply with federal I-9 requirements. The bill broadens this good faith defense to include "isolated, sporadic or accidental technical or procedural failure to meet the requirements."
In addition, the bill prohibits the Attorney General or county attorneys from investigating complaints that are based solely on race, color, or national origin.Additional Provisions. The bill adds a provision to LAWA requiring proof of E-Verify use from all state contractors and state economic development incentive applicants. State contractors are also required to allow the state to make random verification audits of their employment records. The State Attorney General is now required to post a list of Arizona employers enrolled in E-Verify on its website.
The bill requires the creation of a new voluntary enhanced compliance program for employers. Participants will be required to use both the E-Verify and SSNVS systems and meet additional reporting requirements. Program participants that fully meet these requirements will be presumed to be in compliance with LAWA. Finally, the bill requires all business license applicants to prove they are lawfully present in the United States.As we reported earlier, LAWA prohibits the unauthorized employment of foreign nationals in Arizona, and as of January 1, 2008, requires all employers doing business in the state to verify the work authorization of all new hires using E-Verify.
The law also specifies penalties for employers who knowingly employ unauthorized workers. First-time offenders may have their business licenses suspended, and a second offense could result in the permanent revocation of an employer's license to conduct business in the state. The law was challenged in federal court, but in February 2008, the U.S. District Court in Arizona dismissed the lawsuit. An appeal of that decision is currently pending before the U.S. Court of Appeals for the Ninth Circuit.
Wednesday, May 21, 2008
June Visa Bulletin
DOS expects the third employment-based (EB-3) preference category to reach the annual limit in June and as a result, this category is likely to experience retrogressions or visa unavailability beginning in July. For June 2008, the cut-off dates for the first three employment-based preference categories are as follows:
EB-1: Current for all countries.
EB-2: April 1, 2004 (China and India); all other countries current.
EB-3 Skilled Workers and Professionals: March 22, 2003 (China); November 1, 2001 (India); July 1, 2002 (Mexico); March 1, 2006 (all other countries).
EB-3 Other Workers: January 1, 2003 (all countries).
The Visa Bulletin is DOS's forecast of green card availability for the coming month. Each month, the State Department sets a cut-off date for each immigrant visa category. A foreign national whose priority date (his or her place in line) is earlier than the cut-off date for a particular category is eligible to apply for adjustment of status or for an immigrant visa.
If the State Department designates a category as "current," any foreign national eligible for the category may apply for adjustment or an immigrant visa. If a category is designated as "unavailable," the annual quota of immigrant visas has been met and immigrant visas are no longer available in that category.
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Tuesday, May 20, 2008
RUSSIA - Immigration Authorities Are No Longer Accepting Expedited Applications For a Visa Invitation Letter
The normal processing times for a multiple-entry visa invitation letter is 21 working days, and for single- and double-entry visa invitation letters, the processing time is 14 working days. The Russian authorities have not yet indicated when expedited processing of visa invitation letters will resume.
Most foreign nationals seeking to enter Russia on a temporary basis must have a visa invitation letter by a host entity or individual in Russia. Typically, the host submits an application for a visa invitation letter at a local or regional office of the Federal Migration Service.
Upon issuance of the invitation, the foreign national may submit a visa application based on the approved invitation letter at the Russian Consulate with jurisdiction over his or her place of residence. Host entities or individuals who intend to invite a foreign national to Russia will not be able to expedite visa invitation letters for the time being.
Monday, May 19, 2008
May Day Immigration Protests
From Washington to Miami to Los Angeles, activists demanded citizenship opportunities for the estimated 12 million illegal immigrants in the U.S. and an end to raids and deportations.
"We come here to fight for legalization. We're people. We have rights," said Eric Molina, an undocumented factory worker who immigrated to Zion, Ill., from Mexico.
Molina, his sister and his 13-year-old daughter Erika, a U.S. citizen, were among about 15,000 people who rallied in Chicago in one of the largest demonstrations of the day.
Turnout has fallen sharply since the first nationwide rallies in 2006, when more than 1 million people - at least 400,000 in Chicago alone - clogged streets and brought downtown traffic to a standstill. Activists say this year's efforts are focused less on protests and more on voter registration and setting an agenda for the next president.
Some said participation likely was lower because many immigrants increasingly fear deportation.
Margot Veranes, a volunteer organizer in Tucson, Ariz., - where 12,000 took to the streets last year but early estimates Thursday put the crowd at about 500 - blamed the turnout on aggressive enforcement by Border Patrol and police.
"People have been stopped and deported in the last week. This is a community living in fear," said Veranes, a researcher for the International Union of Painters and Allied Trades. "You never know when you're going to be stopped by Border Patrol and now the police."
But she said that's also why people were marching.
"We're marching to end the raids and the deportations, but we're also marching for health care and education and good jobs," she said.
Steamy downtown Houston saw between 300 and 400 marchers, including Victor Ibarra, 38, who said he entered the U.S. illegally from Mexico 15 years ago and remains undocumented although he's tried to attain legal status for the past seven years.
"I'm here because we need immigration reform immediately," Ibarra said, wearing handcuffs and chains. "We need to be able to travel and be free."
In Washington, immigrant rights groups and social justice organizations were demanding that Prince William County, in northern Virginia, rescind its anti-illegal immigration measure. They also called for an end to raids and deportations and for establishment of worker centers in Washington, Maryland and Virginia.
Activists also asked the Republican and Democratic national committees to have their presidential candidates enact immigration reform.
A crowd of about 1,000 gathered on the steps of the Oregon Capitol in Salem to call for changes in immigration and workplace laws within the first 100 days of the next congressional session. Many demanded that Oregon reverse a decision, imposed by the Legislature in February, to require proof of legal residence to get a driver's license.
Hugo Orozzo, a 17-year-old high school senior, was among hundreds who marched through the streets of southwest Detroit. He was born in the U.S., but his father was born in Mexico and some other family members are originally from Mexico.
"It is going to help my family and friends," Orozzo said of the effort. He carried a preprinted sign that read: "Stop raids and deportations that separate families!" in both English and Spanish.
In Miami, 75 people marched to the regional immigration offices from the Little Haiti neighborhood. Among them was Elvira Carbajal, who came from Mexico more than a decade ago and is a U.S. citizen but said many of her family members are not.
"They are going to grow up with this anger of the government for the loss of their parents, parents who were simply trying to give them a better life," she said.
In San Francisco, protesters Marta Acuchi and her husband Jose, from Michoacan, Mexico, closed their child daycare center to march with about 400 others.
"We need to fix the legal situation of immigrants," she said. "Even if it's not this year legislators are seeing we're still here, we're still marching, we're still knocking on their door."
And in Milwaukee, factory worker Miguel Tesillos, 29, was among hundreds who lined sidewalks waiting for the march to begin.
"Our people, we pay taxes, we pay the same as a citizen," said Tesillos, who has a Green Card. "Maybe the new president can see this point, and do something for us."
But activists say they know it will be a challenge to push their issues to the political forefront.
Immigration reform did not resonate with voters in primary elections who overwhelmingly listed the economy as their top concern. Immigration legislation has stalled and been defeated in the Senate, and presidential candidates have not extensively addressed the issues.
Democratic presidential rivals Sens. Barack Obama and Hillary Clinton supported a 2006 bill, sponsored by Republican candidate John McCain, that offered illegal immigrants legal status on conditions such as learning English. All three also have supported a border fence.
In Chicago, 17-year-old Celeste Rodarte marched with a group of her friends from the city's West Side. She said her parents came to the United States more than 20 years ago and became citizens last year.
"I know a lot of people who don't have papers and I want to help them out," Rodarte said.
Seventh-grader Vicente Campos of Milwaukee was granted an excused absence from school to attend the march. He said he was concerned by stories of immigration officials separating parents and children.
"Immigrants come here to support their families in Mexico," said Campos, 13. "They're not all here to do crimes."
Sunday, May 18, 2008
Feds arrest dozens for sham illegal alien marriages
Saturday, May 17, 2008
38,000 known criminal illegal immigrants living in Houston
Friday, May 16, 2008
Stimulus check rules exclude illegal immigrants
Thursday, May 15, 2008
County Hispanic population Anglo population
Bailey 3,387 2,970
Castro 3,886 3,170
Cochran 1,576 1,406
Crosby 3,175 2,946
Dawson 7,029 5,641
Deaf Smith 11,599 6,660
Floyd 3,347 3,257
Hale 17,532 16,526
Moore 10,638 9,320
Parmer 5,383 3,947
Yoakum 3,750 3,447
Teresa Jasso's family came to Crosbyton decades ago.
When she was a little girl her father, a migrant worker, would often take the family out of the area to work on the fields. Jasso married in the early 1970's, and she and her husband, Gilbert, from nearby Ralls, settled in Crosbyton.
Now, the couple's four children are grown.
For the past five years, the family has owned and operated Teresa's Cocina, a popular Mexican restaurant on Main Street. Almost daily local farmers and elected officials meet there for an early breakfast.
Among them are Rep. Joe Heflin, D-Crosbyton, who enjoys a meal and talks about just about everything, mainly farming issues and politics.
"We decided to stay and so did our children," Jasso said. "Only one lives in Lubbock."
For the average West Texan, the Jasso family's story might be uneventful. But for demographers it is a unique case study.
The Jassos exemplify the rapidly changing demographics in rural West Texas. While 33 rural counties in the Panhandle/South Plains region lost population during the first six years of this decade, in places like Crosby County, the Hispanic population is growing.
It's now the majority group.
Crosby County lost 7.4 percent of its population during the same period, according to the U.S. Census Bureau. Yet, Hispanics became the largest ethnic group in the county. They now narrowly outnumber Anglos, 3,175 to 2,946.
"This region is changing before our eyes," said Heflin, whose House District 85 includes the largest percentage of Spanish-surnamed residents.
"Many people have left ... so if it wasn't for Hispanics, many more West Texas communities would be like ghost towns."
It is the same story in Castro County.
From 2000 to 2006, the county lost 10.1 percent of its population. And though Hispanics slightly outnumbered Anglos in 2000, now they are the dominant group.
There were 3,886 Hispanics in the county, compared with 3,170 Anglos according to the 2006 Census estimate.
"When I moved here 30 years ago, we represented about 30 or no more than 35 percent of the population," said Castro County Commissioner Larry Gonzales. "But in 25 years or less we became the majority."
Like Jasso in Crosby County, Gonzales decided to settle down in Castro County to raise his family.
Gonzales attributes the Hispanic population growth in other counties to the fact that entire families have stayed while young Anglos have left for greener pastures.
Equally important, the dairy industry has fueled the growth of the Hispanic population in Castro and neighboring counties for the last 10 years, Gonzales noted.
"The dairies are attracting a lot of 'Mexicanos,' " Gonzales said. "And though a lot of them are legal immigrants, there are also some who are here illegally."
Some unhappy
However, Gonzales and other officials wish the dairy industry would pay higher wages.
Various county offices and other business groups wooing the industry to the Panhandle and the South Plains say that on average dairy worker earns about $12 an hour.
Most workers are expected to work overtime because the cows need constant attention.
Still, even working extra hours, the most an average dairy worker can make is $30,000 a year. That's not enough to support a family of four in the Panhandle, according to a recent study by the Austin-based think-tank Center for Public Policy Priorities.
The study concluded that a family of four needs to have an income of at least $33,757 to make it in the Amarillo Metropolitan Area. That means the spouse of a dairy worker also has to work, even part-time, to make ends meet.
Lubbock County Commissioner Ysidro Gutierrez said that although he was born and has lived in Lubbock all of his life, he knows rural West Texas rather well. For that reason, he recommends young Hispanics in small towns and ranches to leave.
"I don't see a lot of change, at least for the next five years," Gutierrez said. "I hope that young Hispanics move out of the rural areas. They have more chances of getting a better paying job in urban areas."
Others like Jesse Romero, who lobbies the Texas Legislature for bilingual education funding, said funding for such programs has remained stagnant for more than two decades, while the number of Hispanic immigrant children in West Texas grows at a faster pace than the general student population.
"Historically, bilingual education was just a South Texas issue, from San Antonio down," Romero said. "But not anymore. There is a great need for bilingual ed in the Panhandle and in the Lubbock area, and it's more acute in rural areas because they just don't have the resources."
School districts, such as those in Bovina and Dumas, have long struggled to hire bilingual teachers. Their efforts often are unsuccessful because few college graduates are interested in working in rural areas, school superintendents say.
Bailey County Commissioner Juan Chavez hopes Hispanics' transition from minority to majority group is tension-free, particularly when trying to get political representation.
"I still remember the 1960s and '70s and even the '80s when there was too much resistance from the Anglos," Chavez said. "It was a major struggle."
But some like Heflin said they hope those days are long over.
In Crosbyton, for example, this year's man and woman of the year were Hispanic, he said.
"Let's face it, the face of Texas of all Texas is changing and evolving and that is true, too, in rural West Texas," Heflin added. "And I hope we made some progress during the past 30 or 35 years and move forward."
Wednesday, May 14, 2008
Missouri expected to OK tough voter ID standards
Sponsors of the amendment - which would then require the approval of voters to go into effect, possibly in an August referendum - say it would prevent illegal immigrants from affecting the political process, but critics say it could disenfranchise tens of thousands of legal residents who would find it difficult to prove their citizenship.
Tuesday, May 13, 2008
Immigration is a hot topic
That means that new legislation is being suggested, proposed, and debated on a regular basis. Political organizations and everyday citizens across the country with strong feelings on the issues write newspaper editorials, make speeches, and organize rallies that are sometimes tens of thousands of people strong.
Although the issue has been thrust into the public eye over the past year, radical changes were occurring long before public attention turned to immigration, naturalization and deportation issues. Significant changes in immigration law in 2002 brought many proceedings previously administered by Immigration and Naturalization Services under the authority of the Department of Homeland Security.
Now, it seems inevitable that further changes, and potentially more dramatic ones, lie ahead.
Monday, May 12, 2008
Australia unveils immigrant tests
The aim of the test was to get "that balance between diversity and integration correct in future", said Immigration Minister Kevin Andrews.
Critics believe the requirement of an English language exam discriminates against non-English speakers.
The new citizenship test is expected to be introduced later this year.
The details were unveiled in a 40-page draft guide that is to be given to all applicants.
Criticism
The prospective citizen will have to give a correct answer to 12 out of 20 questions - drawn from a total of about 200.
POSSIBLE QUESTIONS
What is the first line of Australia's national anthem?
Which is Australia's national flower?
Where is parliament located?
When did first European settlers arrive?
Some elements will almost certainly be beyond the knowledge of many ordinary Australians, says the BBC's Nick Bryant in Sydney.
They include knowing the country's first prime minister or when European settlers arrived in Australia - or what the opening line of the national anthem is. Another one could be related to the nation's most important horse race.
Applicants who fail the test will be allowed to re-sit the examination.
But Kate Gauthier, national co-ordinator of refugee support group A Just Australia, criticised the government for introducing a citizenship exam.
"If they want to have Australia be more integrated they should spend more money on programmes that achieve that instead of punishing people who are having trouble achieving that [integration] because they have language barriers and are recovering from things like torture," she was quoted as saying to the Sunday Herald Sun newspaper.
Mateship return?
For the first time, the draft guide lists 10 essential Australian values every citizen must embrace - focusing on "mateship and a fair go" and including tolerance, compassion, freedom of speech, freedom of religion and secular government, equality of men and women and peacefulness.
It describes Australia as "a nation at ease with the world and itself", but it expects potential citizens to respect Australia's core values.
"Australia has a strong tradition of mateship in which people help and receive help from others voluntarily, especially in times of adversity," it says.
"A mate can be a spouse, partner, brother, sister, daughter, son or friend. A mate can be a stranger."
The formulation caused controversy in 1999 when voters rejected an attempt by Prime Minister John Howard to have the concept written into the preamble to the constitution.
It was criticised as too sexist, or inappropriate for a formal document.
Sunday, May 11, 2008
Union and states try recruiting farm workers from Mexico
The union’s efforts to import temporary workers under an existing government program follows similar moves by lawmakers in Arizona and Colorado, who are also trying to create new pathways to bring in foreign field hands without approval from Washington.
This month, UFW President Arturo Rodriguez signed an agreement with the governor of the Mexican state of Michoacan to help recruit local residents to apply for temporary jobs on U.S. farms, all of which would be covered under union contracts.
Under the new pact, government field staff in Michoacan will distribute information on U.S. labor protections, especially in rural towns known for sending a large number of their residents north.
In exchange, the union will negotiate contracts with U.S. growers willing to guarantee that legal workers’ rights will be respected on both sides of the border, UFW International Director Erik Nicholson said.
The UFW got involved after hearing that Mexican recruiters were charging people as much as $5,000 for short-term contracts under the existing, but rarely used federal guest worker program, Nicholson said.
“Agriculture is a global industry, so we’re building an international infrastructure to advocate for these global workers,” Nicholson said. “Workers need to know about their rights on both sides of the border.”
Immigration raids and employer penalties have led to a shortage of workers in the nation’s largest farm states, leading many in the agriculture industry to conclude that growers can’t get their products to market without a stable supply of workers from abroad.
But with Congress deadlocked over immigration reform, the question is under what conditions the workers will be hired - legally or illegally.
The farm labor force in the U.S. currently numbers about 1.6 million people, 70 percent of whom are thought to be undocumented, according to people in the industry. Only about 70,000 farm workers were brought in from abroad last year for the short stints permitted under H2-A visas issued by the U.S. Department of Labor.
The UFW wants to increase those numbers by matching willing workers in Mexico with U.S. farmers ready to use the H2-A program. That would in turn help grow the union’s membership, which has been in decline.
Legislators in Arizona are considering a proposal that would let employers recruit workers through Mexican consulates, if they could document a labor shortage. A similar Colorado bill aims to help chili and watermelon farmers hire foreign staff by eliminating the bottlenecks in the federal program.
Both put the Labor Department in an awkward position, and could be challenged in court, said Leon Sequeira, its assistant secretary for policy.“I don’t think anybody would object to organizations trying to prevent recruiters from charging workers exorbitant fees,” Sequeira said.
“But it’s new territory when you are talking about states setting up their own guest worker programs and letting aliens into the country.”
The federal government is trying to stave off the state-by-state approach by tinkering with its existing guest worker program, and released a set of proposed changes in February.
Saturday, May 10, 2008
Department of Justice to Monitor Elections in two Immigration hotspots
The department said Friday that the monitoring is designed to ensure compliance with the Voting Rights Act.
Dallas County is obligated to provide all election information, ballots and voting assistance in Spanish and English in accordance with the act, the Justice Department said in a news release.
Each year, the department employs hundreds of federal observers for elections across the country.
In Farmers Branch, the mayor's race includes Councilman Tim O'Hare, who authored an ordinance to ban illegal immigrants from renting in the city. In Irving, advocates have questioned police stops that they say were targeting illegal immigrants.
"Where there is a heated controversy over immigration, I think it does make sense to make sure there is a fair and safe election," said Luis Figueroa, the legislative staff attorney for the Mexican American Legal Defense and Educational Fund.
O'Hare agreed that heated debates in Farmers Branch about banning illegal immigrants from renting property is what brought out the Justice Department.
"Obviously illegal immigration has been a hot topic in Farmers Branch and I would certainly assume it has something to do with that," O'Hare said.
The Justice Department didn't immediately reply to an e-mail request seeking further comment.
Friday, May 9, 2008
Oh Canada
Authorities have lost track of 41,000 people ordered to leave Canada, and in most cases have stopped looking for them, said a federal watchdog Tuesday.
In a scathing report, Auditor General Sheila Fraser said most of the missing were failed asylum seekers allowed into the country on temporary permits while their immigration or refugee cases were assessed
.
However, some of them "may pose a threat to public safety and security," she added.
Oh, wait -- it did happen here.
A Homeland Security Inspector General report (pdf) released last year said that the backlog of immigration cases involving immigrants ordered to leave the U.S. had reached 600,000 -- and the whereabouts of many of those, whether criminal offenders or non-criminal deportees, couldn't be determined. It's important to note that this number represents the backlog, not the number of people missing, as in Canada.
The report put the blame for the backlog, which had been increasing since 2001, on insufficient detention space and systems, along with inadequate staffing. (This focuses on ICE rather than CIS, so it doesn't take into account the long lines legal immigrants face to get in or change their status if they're already here.)
There hasn't been an internal assessment of where the "fugitive" backlog stands more recently. And though Homeland Security has received more beds and staff, it has also stepped up its enforcement efforts, so the backlog may very well still be rising, if at a slower pace.
The Canada case gives occasion to recall that this country's ad-hoc enforcement-first approach doesn't necessarily work as smoothly as advocates hope. And, as the editorial board would argue, it isn't the best approach for the country even when it works as intended.
Wednesday, May 7, 2008
Want to Adopt a Foreign Child?
Before jumping in to foreign adoption though, there are some basic facts you need to understand about the immigration process for these children. Here are the steps you need to take, if you are interested in adopting a child from abroad.
Want to adopt a child from abroad? Don't let difficult paperwork and confusing immigration laws stand in your way.
Here are the basic, step-by-step guidelines on how to proceed.
Difficulty: Hard
Time Required: varies
Here's How:Before you even chose a child, file the I-600A form, Application for Advance Processing of Orphan Petition. This way the USCIS (former INS) can determine if you are suitable, in their view, for adopting an orphan.
Find a child who meets the INA's definition of an orphan.
File the USCIS Form I-600 (Petition to Classify Orphan as an Immediate Relative, previously INS Form I-600). Each adult member of your family must be fingerprinted.
Wait until the Orphan Petition is approved.
After approval the orphan is considered an immediate relative of a U.S. citizen, and you can get an immigrant visa right away.
Bring your new child into the United States. After entry, the child is considered a lawful permanent resident.
It is a good idea to apply for citizenship for the child before he or she is 18 and must file on his or her own. File USCIS Form N-643 (formerly INS Form N-643), Application for Certificate of Citizenship on Behalf of an adopted child.
Tips: While waiting for the approval for the orphan petition, check the status of your application. Find the link below.
Adopted foreign children can often have adjustment issues that should not just be swept under the carpet. Acknowledge the child's ethnic background, provide therapy, find resources at our adoption site.
Tuesday, May 6, 2008
Immigration bill drive stalls due to costs
Rep. Rahm Emanuel of Illinois, a member of the Democratic leadership team in the House of Representatives, said Republicans were unlikely to win enough signatures on a petition drive to force a vote on a bill requiring employers to verify the legal status of all their workers.
Republicans, hoping to force Democrats to vote on a politically sensitive issue before the November congressional and presidential elections, began the petition drive in early March on the legislation sponsored by North Carolina Democrat Heath Shuler.
After an initial burst of interest, the number of lawmakers signing on has dwindled in recent weeks. The 186 signatures on the petition fall well short of the 218 needed to force a House vote on legislation.
"We've got a little more work to do," House Republican Leader John Boehner of Ohio acknowledged on Thursday.
Emanuel and other leaders said lawmakers "took a step back" after the Congressional Budget Office estimated last month the legislation would cost the federal Treasury more than $30 billion in lost tax revenues and added spending.
"I think that pretty much stopped that in its tracks," House Democratic Whip James Clyburn of South Carolina told Reuters in an interview last week.
Analysts have estimated about 12 million illegal immigrants live in the United States. The CBO, a nonpartisan congressional budget agency, said many illegal workers who now pay taxes would likely continue to work but in the underground economy outside the tax system. Also, the bill would require the government to hire thousands of new law enforcement personnel and expand detention facilities.
Critics also argued the worker verification program would overwhelm the Social Security Administration when it is preparing to process millions of retirement benefit applications from the 77 million-strong baby boom generation. The program relies on Social Security databases, and workers would have to contact the agency to correct any errors or risk losing their jobs.
A House Ways and Means subcommittee plans to hold a hearing next week on the cost of the employee verification system on the Social Security system.
Emanuel said he did not see a vote on immigration legislation before the election. Forcing a vote on a tough enforcement bill also could put Republican presidential candidate John McCain in a difficult position. His support for a broad immigration overhaul that would also have put some illegal workers on a path toward U.S. citizenship angered many conservatives in his party.
Monday, May 5, 2008
New Immigration Citizenship Exam
Immigrants aspiring to become U.S. citizens will be expected to answer these and other questions on a new naturalization exam that officials hope will deepen their understanding of civics and history and discourage rote memorization of facts and figures.
U.S. Citizenship and Immigration Services has been working on the test redesign for more than two years and administered a pilot version to more than 6,000 volunteer applicants.
On Thursday, the agency released the final set of 100 test questions that immigrants should study to prepare for the exam, which will be given in their interview to become U.S. citizens starting in October 2008.
The goal of the redesign is to encourage a deeper understanding of U.S. government and an attachment the country and its principles. “Citizenship is not only a benefit but it’s also an identity,” said Alfonso Aguilar, chief of the agency's office of citizenship.
The new test has questions on U.S. geography and 20th century history that aren’t on the current exam. It also has open ended questions with an array of possible answers, designed to get applicants to think more about how U.S. government works and the relevance of historic events.
For example, current test questions include the colors of the flag and a definition for the Constitution. The new exam asks why the flag has 13 stripes and what the Constitution does.
THOUGHTFUL ANSWERS
Tom Donahoe, coordinator of the citizenship program at Santiago Canyon College, said he thought some of the questions had little to do with the meaning of citizenship, for example, the ability to name rivers. But he was pleased to see the test required more thoughtful answers on U.S. civics and government than the current exam.
“I don’t think it’s that much harder but it does require more thinking and it does require something more than a memorized answer,” he said. “We do want an informed electorate. We do want an informed populace.
As a nation I think that’s what we want, regardless of whether its people who are born in this country or people who choose to become citizens in this country.”
To become U.S. citizens, applicants must have a green card for five years, show good moral character and pass a civics and English exam. The U.S. has seen a surge in applications for citizenship this year prior to a July fee increase that made the process more expensive; more than 784,000 applications have been filed so far this year, according to USCIS.
Immigrants who apply to become U.S. citizens after Oct. 1, 2008, will take the new exam. Those who apply earlier may have a choice of which exam they prefer to take.
On Thursday, students in a citizenship preparation class in Anaheim Hills quizzed each other on the U.S. Constitution and economic system using the new test questions as a guide. Several students said there’s not much difference between what they’re studying and the new material.
Misako Coleman, 75, of Yorba Linda, has her citizenship interview in November – but said the new questions look similar to what she had expected.
“I’m just studying because I received the paper two days ago and I said, I’ve got to do it,” said Coleman, who is originally from Japan. “I’ve never learned this, so I’m just beginning.”
PASSAGE RATE
Aguilar said the pilot exam had a 92 percent passage rate compared with an 84 percent passage rate for first-time takers of the current test. He said USCIS also tried the new test out in adult education classes to ensure it was fair to English-language learners.
Rosalind Gold, senior director of policy, research & advocacy for the National Association of Latino Elected & Appointed Officials, said the key will be ensuring community groups have ample materials to prepare immigrants for the test so it doesn’t discourage people from naturalizing.
“The testing doesn’t seem to indicate this is going to be a major new barrier,” Gold said. “The real proof of this is going to be in how it’s implemented.”
In Washington, several of Orange County’s lawmakers welcomed the changes.
“Being granted U.S. citizenship is a privilege and I don't think it is unreasonable for a citizen to know the name of the Chief Justice of the Supreme Court or that as citizens they have the right to life, liberty and the pursuit of happiness," said Rep. Ed Royce, R-Fullerton.
Healthy Trust Immigration Physical Exams
- Healthy Trust Immediate Medical Care offers:
- Same Day Appointments
- On Site Lab for quick results
- Affordable and reasonable fee's
- Over 25 years of experience
- Multi Lingual Staff
- US Goverment Certified Medical Examiners
- Healthy Trust Immediate Care currently has three physicians who are certified to give immigration exams and who are designated as civil surgeons. All are certified by the US Goverment as Immigration Medical Examiners:
- Boris Gurevich MD
- Olga Lansky MD
- Alexandra Linchevskaya MD
Your Immigration Exam requires the following:
The immigration doctor will record your complete medical history and perform a thorough physical examination. A blood sample will be obtained for HIV and Syphilis. A tuberculosis skin test will be performed. The US government requires specific vaccinations according to your age. Please bring proof of all prior vaccinations with you to your scheduled appointment.
The Healthy Trust immigration physician will perform a physical examination and a mental status exam regardless of age. Applicants 2 yrs of age or older are required to have a TB (tuberculosis) skin test which requires a very small pin prick. After the skin test you will need to return to the Healthy Trust Immigration Medical exam office in 48 to 72 hours to have the results read. The immigration medical exam doctor is required to perform a chest x-ray if the test reaction is 5 mm or greater.
Applicants completing the immigration medical examination that are 15 years of age or older require blood samples be taken for HIV and syphilis. The Healthy Trust Immigration Physician may require an applicant less than 15 years of age to have these tests if there is reason to believe the immigration medical applicant may have one of these diseases.
The Healthy Trust immigration physician is required to provide pre and post test counseling to all applicants who have the HIV, and Syphillis test performed.
The Immigration Medical Examination requires the following vaccinations:
- Mumps
- Measles
- Rubella
- Polio
- Tetanus
- Diphtheria Toxoids
- Pertussis
- Influenza type B
- Hepatitis B
- You may also require any other vaccinations recommended by the Advisory Committee for Immunization Practices (ACIP).
Current ACIP recommendations currently include:
- Varicella
- Haemophilius influenza type B
- Pneumococcal vaccines
The Health Trust Immigration Physician will review your vaccination history with you to determine whether you have all the required vaccinations. Make sure you take your vaccination records with you to your appointment at Healthy Trust. Do not try to comply with these requirements before you meet with the Health Trust Immigation Physician, in case it is not medically appropriate for you to have one or more of the required vaccines.
After the medical exam is complete, the Healthy Trust Immigration Physician will give you Form I-693 with the results in a sealed envelope to present to INS. Do not open the sealed envelope.
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