ICE Announces Indictment of Former Employees of Idaho Company

See below. It would be interesting to see what the "notices" provided to employer actually said….Unfortunately, the only real way of determining employment eligibility is to have a uniform national system which actually links all individuals (whether foreign or U.S.) with immigration and social security records (can you say "national ID card"…)

 

***********************************************************************************************************************************************

 

U.S. Immigration and Customs Enforcement

 

News Releases

 

December 12, 2008

 

Former employees of Idaho Truss face criminal charges

 

BOISE, Idaho - Sixteen former employees of Idaho Truss in Nampa, Idaho, have been indicted by a

federal grand jury on federal charges, including possession of counterfeit alien registration receipt cards,

misuse of Social Security numbers, and illegal entry or re-entry after deportation.

 

The indictments, which were handed down late Tuesday, are the result of a worksite enforcement

investigation by U.S. Immigration and Customs Enforcement (ICE). All of those charged in the case are

Mexican nationals. The defendants are: Rafael Castillo-Tellez, 28; Antonio M. Garcia-Gomez, 32;

Hilario Leyva-Guzman, 31; Juan Sergio Juarez-Contreras, 25; Juan Vidal Lopez-Zaragosa, 36; Juan

Martinez-Gonzalez, 39; Juan Manuel Miramontes-Garcia, 25; Rafael Quezada Bejar, 30; Humberto

Quinteros, 24; Hubaldo Gorgonio Rojas, 22; Rodrigo Salinas-Cervantes, 33; Julio Vargas-Ortiz, 27;

Santos Lopez-Serratos, 36; Miguel Zamora-Urena, 40; Juan Manuel Diaz-Juarez, 36; and Gregorio

Villareal Ruiz, 36.

 

Of those indicted, 12 have already entered guilty pleas. They include: Castillo-Tellez, Garcia-Gomez,

Leyva-Guzman, Juarez-Contreras, Lopez-Zaragosa, Miramontes-Garcia, Bejar, Quinteros, Rojas,

Salinas-Cervantes, Vargas-Ortiz, and Lopez-Serratos. They all immediately pleaded guilty to illegal

reentry, were sentenced to time served and returned to ICE custody for removal from the United States.

Three defendants, Zamora-Urena, Diaz-Juarez, and Ruiz are scheduled to go on trial February 10, 2009.

Martinez-Gonzalez has not yet entered a plea.

 

"Identifying and documenting the use of fraudulent Social Security numbers and other fake identity

documents is a key piece of any worksite enforcement investigation," said Leigh Winchell, special agent

in charge of the ICE Office of Investigations that oversees Idaho. "In this case, ICE had previously

notified the employer that some of its workers had provided counterfeit Social Security numbers to gain

employment at Idaho Truss."

 

-- ICE --

Good Article – Immigration Reform

POLITICO:
Obama can't avoid immigration issue now
By: Gebe Martinez
December 8, 2008 04:07 PM EST

http://dyn.politico.com/printstory.cfm?uuid=1870305C-18FE-70B2-A893265EB5EFD7A1
It is the issue few candidates were willing to discuss publicly before the election. Even in victory, the word "immigration" has barely left the lips of President-elect Barack Obama.

But in the presidential transition offices, immigration is cited as a top-tier issue that Obama will have to tackle early in his administration. It has also been assigned its own study group, one of seven working groups created by the transition team to examine high priorities.

Given that it intersects with the economy, health care, education and other key concerns, immigration is too complex a topic to ignore. As economic and health care initiatives are rushed out of the gate in January, proposed immigration reforms will likely be close behind.

And Obama and congressional Democrats can no longer avoid the issue that raises fears of hate speech and false arrests of citizens and legal immigrants at work sites while angering border control hard-liners. Immigration woes stand as a symbol of a broken government, and the onus is on Democrats to govern.

Backers of a broad bill that would combine border enforcement with expansion of visa programs will not forget Obama's campaign pledge to produce an immigration bill during his first year in office.

The heat is on.

"We are not forgetting about our promise with regard to the immigrant community," Melody Barnes, Obama's top domestic policy adviser, pledged during a forum last week that drew 2,000 community organizers to Washington. It was sponsored by the Center for Community Change and the Gamaliel Foundation, for which Obama was once an organizer.

"We will start making down payments on that agenda," Barnes added.

Those "down payments" are expected to come in the form of administrative rules changes advocated by a broad coalition of immigrant and civil rights groups, businesses, labor groups, and the faith community. The revisions could be ordered while Congress works on broader legislation.

Immigration activists are pushing for a moratorium on raids that have rounded up thousands of workers this year alone, traumatized and separated families, and violated basic civil rights.

While workers have become easy targets for authorities who want to portray stepped-up enforcement, the abusive employers who take advantage of the broken system and exploit undocumented workers have often been ignored.

The vast and inefficient immigration detention network also has deprived many of their legal rights. There have been reports of legal permanent residents dying while in custody.

In addition, immigration policy experts say the long bureaucratic delays on background checks and processing visas, and the ever-changing policy directives inside the Department of Homeland Security, require immediate attention from the new administration.

Notably, the agency does not have a person at the top to coordinate and streamline the procedures, and Obama has been urged to fix that, as well.

Meanwhile, business and labor groups won a federal court ruling this week that stops the Bush administration from accelerating rules that would prosecute businesses that fail to fire workers whose Social Security numbers do not match the Social Security database. Employers complain that the federal database is unreliable.

"Right now, we have an immigration strategy that focuses on fear. We need a policy that serves the national interest," said John Trasvina, president of the Mexican American Legal Defense and Educational Fund.
In an effort to keep the pressure on the incoming administration, Rep. Luis V. Gutierrez (D-Ill.), an Obama ally, will be turning over to the transition team about 1,000 testimonials from citizens and family members who say they were torn apart by an ineffective and almost inhumane immigration system. This weekend, Gutierrez gathered more than 30 evangelical church leaders, representing 15,000 parishioners, at a forum demanding changes in immigration law. 

Outside Washington, the "279 votes" campaign for a broad immigration reform package is being readied in states such as Arizona, California, Georgia, Illinois, Massachusetts, Mississippi, Nevada, New Jersey, New York, Texas and Washington.

At the local level, community, church, business and labor leaders have been working for months on a revamped, pragmatic lobbying effort that is exploring which proposals can win the support of their hometown lawmakers to get the 218 House votes required to pass a comprehensive bill, plus the 60 Senate votes needed to overcome procedural hurdles, as well as the president's signature, for a total of 279 ayes.

Senate Majority Leader Harry Reid (D-Nev.) recently told Gannett News Service he did not expect "much of a fight at all" on immigration legislation. Perhaps, after having twice tried and failed to pass a bill in the current session, the prospect of having seven more Democrats in the Senate gave him a downhill view.

House Speaker Nancy Pelosi (D-Calif.) acknowledged after the election that the immigration debate "is a path that we must go down."

The toughest argument facing civil rights groups comes from those who say bad economic times shrink the job market and add to the stress and competition with immigrants for jobs.

But without legalizing those who are now in the country illegally, the only winner is the bad employer who exploits workers. Improving the economy, health care and education helps all workers, the advocates maintain.

Even in a recession, there are still millions of jobs that only undocumented workers are willing to do.

"Comprehensive immigration reform is part of the solution, not the problem, with respect to our economic difficulties today," said Wade Henderson, president of the Leadership Conference on Civil Rights.

The new Obama administration and the stronger Democrat-controlled Congress should not be afraid of ending a fear-based immigration system, said Trasvina.

"I don't think [Obama] has much to learn," he said. "He does know the community, and he knows the immigrant workers."

Gebe Martinez is a longtime journalist in Washington and a frequent lecturer and commentator on the policy and politics of Capitol Hill.

Immigration News Week of December 12, 2008

 

This week was fairly "calm" on the immigration front. Among other, the Department of Labor has released an Advance Copy of the H-2A Final Rule, which is set to be published in the Federal Register soon. Also, on December 8, 2008, USCIS released an Advance Copy of an Interim Final Rule which amends regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to Lawful Permanent Resident.

On a grimmer note, on December 10, 2008, the Department of Justice published a final rule which directs federal agencies to collect DNA samples from individuals who are arrested, facing charges, or convicted and from non-United States persons who are detained under the authority of the U.S. subject to certain limitations and exceptions. This rule will require the collection of DNA from non-citizens that are detained by DHS.

Employment Authorization Documents Extended for Nationals of El Salvador

See below regarding USCIS' announcement today of an automatic extension of the validity of Employment

Authorization Documents (EADs) for eligible Salvadoran TPS beneficiaries for six months through

Sept. 9, 2009, to allow sufficient time for eligible TPS beneficiaries to re-register and receive an

EAD without any lapse in employment authorization. This is a nice change………………

 

***********************

USCIS Update Dec. 12, 2008

 

Employment Authorization Documents Extended for Nationals of El Salvador

Six-Month Extension for Eligible Temporary Protected Status Beneficiaries

 

WASHINGTON – USCIS announced today an automatic extension of the validity of Employment

Authorization Documents (EADs) for eligible Salvadoran TPS beneficiaries for six months through

Sept. 9, 2009. This will allow sufficient time for eligible TPS beneficiaries to re-register and receive an

EAD without any lapse in employment authorization. Initially, the expiration date for Salvadorians EADs

was March 9, 2009. USCIS has automatically extended EADs validity period to allow for the agency to

process and re-issue new EADs for such beneficiaries.

 

USCIS announced Sept. 24, 2008 that it will extend TPS status for nationals of El Salvador who have

already been granted TPS through Sept. 9, 2010. Salvadoran nationals (and people having no nationality

who last habitually resided in El Salvador) who have been granted TPS must re-register for the 18-month

extension during the 90-day re-registration period that began on Oct. 1, 2008 and ends Dec. 30, 2008.

TPS does not apply to nationals of El Salvador who entered the United States after Feb. 13, 2001.

 

TPS beneficiaries must submit the Application for Temporary Protected Status Form I-821without the

application fee and the Application for Employment Authorization Form I-765 in order to re-register for

TPS. A separate biometric service fee, or a fee waiver request, must be submitted by re-registrants, 14-

years of age and older. If the applicant is only seeking to re-register for TPS and is not seeking an

extension of employment authorization, he or she must submit Form I-765 for data-gathering purposes

only and is not required to submit the I-765 filing fee. All applicants seeking an extension of employment

authorization through Sept. 9, 2010 must submit the required application filing fee with Form I-765.

Failure to submit the required filing fees or a properly documented fee waiver request will result in the

rejection of the re-registration application.

 

Further details on the automatic extension of the EADs, including the application requirements and

procedures, will appear in a Federal Register notice scheduled for publication on Dec. 15. More

information can also be obtained from the USCIS National Customer Service Center toll-free number 1-

800-375-5283. TPS forms are available from the toll-free USCIS Forms line, 1-800-870-3676, or from

the USCIS Web site, www.uscis.gov.

 

-USCIS

New Visa Bulletin for January 2009

VISA BULLETIN FOR JANUARY 2009

The Visa Bulletin for January 2009 was just posted. The dates have not changed dramatically since the December bulletin.

On the charts below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

FAMILY-SPONSORED PREFERENCES

First:  Unmarried Sons and Daughters of Citizens: 

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 

1. Spouses and Children:  B.  Unmarried Sons and Daughters (21 years of age or older): 
   

Third:  Married Sons and Daughters of Citizens: 

Fourth:  Brothers and Sisters of Adult Citizens:            

Fam-ily	All Charge- ability Areas Except Those Listed		CHINA-mainland born		INDIA	MEXICO	PHILIPP-INES
1st	15JUN02		15JUN02		15JUN02	01OCT92	15JUL93
2A	15MAY04		15MAY04		15MAY04	15AUG01	15MAY04
2B	22MAR00		22MAR00		22MAR00	01MAY92	01SEP97
3rd	01AUG00		01AUG00		01AUG00	01OCT92	22MAY91
4th	08FEB98		22AUG97		01NOV97	08MAR95	01MAY86

***************************************************************************

EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers: 

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 

Third:  Skilled Workers, Professionals, and Other Workers: 

Fourth:  Certain Special Immigrants: 

Fifth:  Employment Creation

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIP-PINES
Employ-ment -Based
1st	C	C	C	C	C
2nd	C	08JUL04	01JUL03	C	C
3rd	01MAY05	01JUN02	15OCT01	15NOV02	01MAY05
Other Workers	15MAR03	15MAR03	15MAR03	15MAR03	15MAR03
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employ-ment Areas/ Regional Centers	C	C	C	C	C

USCIS Publishes Proposed Final Rule for U & T Visas

See below for a Fact Sheet issued today by USCIS on U&T visas. The full rule can be accessed through the USCIS web site.

 

***********************************************

 

Dec. 8, 2008

 

USCIS PUBLISHES NEW RULE FOR NONIMMIGRANT VICTIMS OF

HUMAN TRAFFICKING AND SPECIFIED CRIMINAL ACTIVITY

 

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today an

interim final rule that will allow "T" and "U" nonimmigrants to adjust their status and become

lawful permanent residents. The interim final rule implements the provisions of the Victims of

Trafficking and Violence Protection Act of 2000, and will take effect 30 days after publication in

the Federal Register.

 

"The action we are taking will further humanitarian interests by protecting victims of human

trafficking and victims of other serious crimes," said USCIS Acting Deputy Director Mike

Aytes. "We also believe that law enforcement's ability to investigate and prosecute crimes is

enhanced when we can provide important immigration benefits to victims."

 

The "T" visa is a nonimmigrant classification for people who are victims of a severe form of

human trafficking. The "U" visa status is a nonimmigrant classification for victims of certain

crimes who are willing to assist government officials in the investigation of the criminal activity.

 

In order to apply for an adjustment of status, a nonimmigrant currently within the "U" visa status

must have been physically present in the United States for a continuous period of at least three

years since the date of admission. Nonimmigrant individuals in the U.S. under a "T" visa status

are required to have three years of continuous presence in the United States or a continuous

period during an investigation or prosecution of the acts of trafficking. Nonimmigrant

individuals holding a "T" visa will also need a certification from the Attorney General stating

that the investigation or prosecution is complete.

 

Both "T" and "U" nonimmigrants must be in valid nonimmigrant status at the time of

application. USCIS can adjust the status of up to 5,000 "T" visa holders annually. This cap does

not apply to family members of the principal "T" nonimmigrant status holder. There is no

numerical cap on adjustment of status for "U" nonimmigrants.

 

The interim final rule is currently available for public review at www.uscis.gov and has been

submitted to the Federal Register for publication. The public may submit comments at

www.regulations.gov for 60 days following publication. USCIS will address comments in the

final rule.

 

– USCIS –

Recent Immigration News

See below for recent immigration news. Hopefully, Congress will work together soon to accomplish immigration reform……

• On December 3, 2008, USCIS updated the count of H-2B petitions received and counted towards the H-2B cap on the USCIS website. As of December 1, 2008, 12,371 petitions have been counted towards the 33,000 cap for the second half of FY 2009.
  
• CBP recently announced that 15,000 airline personnel have been trained through its Carrier Liaison program to identify improperly documented passengers destined for the U.S.
  
• On November 24, 2008, USCIS updated the count of H-2B petitions received and counted towards the H-2B cap on the USCIS website. As of November 21, 2008, 10,265 petitions have been counted towards the 33,000 cap for the second half of FY 2009.
  
• On November 17, 2008, the Department of State announced the launch of a website devoted exclusively to intercountry adoption, with information such as who is eligible to adopt, from which countries Americans adopt children, what protections the Hague Adoption Convention provides families, and more. You can find the web site at http://adoption.state.gov/.
  
• Also on November 17, 2008, a DHS final rule added the Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic to the list of Visa Waiver Program countries.
  
  • In addition, the DHS has reminded ESTA applicants that any passport issued by a Visa Waiver Program (VWP) country after October 26, 2008, must be an e-Passport in order for VWP travelers to be eligible to enter the U.S. without a visa. For more information about ESTA, go to: http://cbp.gov/xp/cgov/travel/id_visa/esta/.
    
• On November 13, 2008, the Department of Defense released an advance copy of a final rule amending the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the E-Verify system to verify employee work authorization.
  

Rancho Cucamonga duo facing 75 counts bribery, money laundering - San Bernardino County Sun

See link below regarding a former attorney with Immigration and Customs Enforcement (ICE).  

Rancho Cucamonga duo facing 75 counts bribery, money laundering - San Bernardino County Sun

ICE Announces “Self-Deportation” Program

See below statement from the American Immigration Lawyers Association (AILA) regarding the recent announcement by ICE that a "self-deportation" program has been set up for individuals with final orders of deportation/removal (the ICE public announcement is also below).

 

In short, the main concern is that many of those with "final orders" may have various forms of relief to stay in the U.S. that they are not aware of. Given that 85% or more of those who get into deportation/removal proceedings are not represented by counsel, there are many people who may have options other than "voluntarily" leaving. It seems that ICE realizes that it does not have the resources to apprehend all of those with "final orders".

 

It is important to remember that not all "illegals" are Hispanic/Latino (in fact, up until 1996 the largest number of undocumented was from Canada). The U.S. immigration system has been broken for a long time and this announcement by ICE further emphasizes the importance of immediate immigration reform.

 

**************************************************************************************************

 

 

FOR IMMEDIATE RELEASE:
Friday, August 01, 2008
CONTACT:
George Tzamaras
202-507-7649
gtzamaras@aila.org

WASHINGTON, -- The announcement by ICE of a program to "encourage" individuals with final orders of deportation to report for removal is the latest bit of strangeness in the increasing loss of rationality in the way the U.S. deals with immigration. Offering no true inducement to do so, the agency simply asks that people turn themselves in. It is unclear why this even warranted an announcement.

"To encourage the undocumented to turn themselves in, some meaningful incentive must be offered," stated Charles Kuck, President of the American Immigration Lawyers Association (AILA). "We have long advocated a safe, orderly system of identifying who should leave and who should be allowed to stay. That was what last year's efforts at comprehensive immigration reform were all about. Congress failed in those efforts. But, the fact is, no effort at enforcement will be successful until there is a viable means for people who want only to build a better life for their families and fill jobs that go begging in the U.S. to do so. Congress needs to step up and do its job."

The agency cites the weakest of incentives to induce people to come forward: asking that people turn themselves in for definite deportation in order to avoid the possibility that someday they might be detained, and "allowing" them to bring their families with them to in effect deport those U.S. citizens and permanent residents. It is not clear why the agency even bothered to announce such a non-program.

###

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members. For more information call George Tzamaras at 202-507-7649 or Annie Wilson at 202-507-7653

 

 

 

July 31, 2008

ICE Public Affairs

(202) 514-2648

 

New ICE program gives non-criminal fugitive aliens opportunity

to avoid arrest and detention

 

Aliens and families to benefit from coordinated removals

 

WASHINGTON — U.S. Immigration and Customs Enforcement (ICE) announced today the launch of a pilot program, Scheduled Departure, which will begin next week in five cities. The program allows fugitive aliens who have no criminal history and pose no threat to the community an opportunity to remain out of custody while they coordinate their removal with ICE.

 

The program complements ICE's Fugitive Operations Program which targets fugitive aliens for arrest and removal from the United States. ICE's fugitive operations teams give top priority to cases involving fugitive aliens who pose a threat to national security and community safety; and thus far in FY 2008, they arrested more than 26,000 fugitives and other immigration status violators. There are 90 active fugitive operations teams, with 15 more scheduled to be deployed in the next two months.

 

"This program addresses concerns raised by aliens, community groups, and immigration attorneys who say ICE unnecessarily disrupts families while enforcing the law," said Julie L. Myers, Homeland Security Assistant Secretary for ICE. "By participating in the Scheduled Departure Program, those who have had their day in court and have been ordered to leave the country have an opportunity to comply with the law and gain control of how their families are affected by their removal."

 

Initially, the Scheduled Departure Program will run from Aug. 5 to Aug. 22 and may be expanded as ICE continues to evaluate the pilot. Participation in the program ends the risk of sudden arrest and detention for certain non-criminal fugitives. Those with families can particularly benefit from this program. It allows qualifying aliens to make removal arrangements without being held in custody, which will ease their transition and minimize the impact of their removal on their loved ones. In addition, ICE will allow eligible participants to arrange for their families to depart together, should they so desire. Non-criminal fugitive aliens who live in or around Santa Ana, Calif., San Diego, Phoenix, Chicago and Charlotte can visit their local ICE Offices of Detention and Removal Operations to discuss their departure plans.

 

Prior to the launch of this pilot program, most fugitive aliens would have been considered to be a flight risk and so would have remained in custody until their removal. By coming forward and participating in the program, ICE will no longer consider the alien to be a flight risk.

 

There are approximately 572,000 ICE fugitives in the United States, including 457,000 who do not have criminal histories. An ICE fugitive is defined as an alien who has failed to depart the United States based upon a final order of removal, deportation, or exclusion from a U.S. immigration judge, or who has failed to report to ICE after receiving notice to do so. Only non-criminal fugitive aliens are eligible for the program and will be screened by an ICE officer when reporting to verify status.

 

ICE officers will update immigration databases, and explain supervision requirements to eligible aliens. Aliens who qualify would be allowed to remain in the community with a reporting requirement or an electronic monitoring device. Since all situations are unique, an ICE officer will notify the alien of the next steps to take for removal.

 

Aliens who are able to provide for their own removal would have the flexibility to make their own travel arrangements within a 90-day time period. ICE will work with eligible aliens who are not able to provide for their travel; however, ICE will maintain control and schedule the travel arrangements in these specific cases.

 

ICE will allow eligible participants to arrange for their families to depart together. U.S. citizens or aliens with a legal immigration status cannot be removed by ICE from the United States; however the relatives of the non-criminal fugitive alien being removed are welcome to make their own travel arrangements to depart at or around the same time, if they choose to join their relative. These are personal decisions made by each individual family.

 

The agency recognizes there are those less inclined to accept the intentions of such a compassionately conceived enforcement initiative, but remains committed to providing sensible alternatives that balance the welfare of the individuals and families in question with its clear obligation to uphold the law.

 

The Scheduled Departure Program will not alter a participant's immigration status or provide any immigration benefit. The program is not a form of voluntary departure or voluntary return. Participants will continue to have a final order of removal, deportation or exclusion. Aliens who have not previously been encountered by immigration officials or who have criminal records, or are determined to be a danger to the community are not eligible for this program and may be arrested and taken into custody if they report to ICE.

 

Next week, a series of print and radio ads in several languages will highlight the program in the pilot locations. Additional information will be also available on www.ice.gov and via a hotline staffed by ICE personnel. Aliens are also encouraged to speak with their consular officials, community groups, or attorneys if they have other questions.

 

# ICE #

 

U.S. Immigration and Customs Enforcement (ICE) was established in 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that form a 21st century law enforcement agency with broad responsibility for a number of key homeland security priorities.

 

Immigration News Week of July 25, 2008

 

Several items of note for the week of July 25, 2008:

On July 24, 2008 USCIS updated the count of H-2B petitions received and counted toward the H-2B and as of July 23, 2008, it appears that 31,619 petitions have been counted toward the 33,000 cap for the first half of FY 2009.

Further, on July 21, 2008, CBP announced that a preview of Electronic System for Travel Authorization (ESTA) under the Visa Waiver Program is now available and that the ESTA website will go live and begin accepting applications on August 1, 2008.

Also, DOS and DHS announced this week that the new U.S. Passport Card is in full production and is being distributed. The new "passport card" is a wallet-sized document that can be used for land and sea travel between the United States and Mexico, Canada, the Caribbean, and Bermuda, but is NOT valid for international air travel.

Increase in Immigration Raids by ICE – House Hearing to Be Held on Recent Immigration Raid in Iowa

On 07/24/08, the Immigration, Citizenship, Refugees, Border Security, and International Law Subcommittee of the House Judiciary Committee will hold a hearing entitled "Immigration Raids: Postville and Beyond" at 11:00am in room 1310 of the Longworth House Office Building.

You may watch it live online at: http://judiciary.house.gov/hearings/calendar.html

This hearing is in part in response to the recent flurry of enforcement activity by the government from around the country. The main "case" happened in Iowa in May when federal immigration officials swept into Postville, Iowa on May 12 and detained nearly 400 workers at a kosher meat processing plant. The government arrested, charged with crimes, extracted pleas, and sentenced 297 of these individuals by the end of the following week. The nearly 300 individuals subjected to this process who reportedly pled guilty to the use of false documents (in order to work, mind you) in exchange for 5-month prison terms and deportation were neither adequately screened, nor advised of their rights under U.S. immigration law. Reports indicate that criminal charges were lodged through an exploding plea bargain (sign the deal within 7 days of arrest or face max prosecution) to secure jail time and forfeiture of all possible immigration relief, largely without adequate representation to these individuals.

In addition, on 7/16/08 ICE announced that a former and current top executive for a McDonald's franchisee in Nevada, plead guilty to federal felony immigration offenses for encouraging undocumented foreign nationals to reside in the United States. On 7/16/08 ICE administratively charged 18 foreign nationals at a concrete plant in Loveland, Colorado. ICE reports that the Air Branch of CBP provided "air support" for the raid. On 7/21/08, ICE announced that it executed nine federal search warrants and arrested 43 foreign nationals in a raid on a Waipahu apartment complex on Hawaii. The men were employed by The Farms, an agricultural business. Further, on 7/23/08 ICE arrested 58 employees at eight Casa Fiesta Restaurants throughout northern Ohio.

At its annual meeting in June in Miami, the U.S. Conference of Mayors officially adopted a resolution recognizing the important economic and cultural contributions immigrants have made to the U.S., also calling on ICE to exercise better and more reasonable judgment when engaging in worksite enforcement activities. The adopted resolution calls for a comprehensive immigration reform solution "which promotes the reunification of families, provides legal status with a path to earned citizenship, and a plan for current and future immigrant workers.

It will be interesting to see what comes out of these house hearings and discussions as the U.S. immigration system is in need of major overhaul.

The Department of Labor “clarifies” its view on the attorney’s role in the labor certification process

 

After the Department of Labor (DOL) recently decided to audit all labor certification cases filed by the biggest immigration law firm in the country, Fragomen et al. (which is also a major author on publications on the immigration process), claiming that some attorneys may have been inappropriately involved in the recruitment process, it appears that DOL has clearly been taken aback by the immigration bar's reaction to DOL's apparent over-reaching. The action by the DOL to effectively prosecute Fragomen publicly before any finding of wrongdoing has been seen as unfair and effectively targeting the entire immigration bar.

 

DOL therefore released on June 13, 2008 a document styled "PERM Program Guidance Bulletin on the Clarification of Scope of Consideration Rule in 20 CFR 656.10(b) (2)". The DOL appears to be defensive and attempting to justify its actions despite that DOL does not have sufficient resources to audit in the way it recently has been. As a practical matter, US employers need to remain in contact with counsel to wade through the almost incomprehensible labor certification process. It will be very interesting to see how the DOL handles this matter as the U.S. needs additional foreign workers (as does most of the recent of the world's industrialized countries). If DOL is interested in rooting out fraud, DOL may want to work more closely with organizations like the American Immigration Lawyer's Association AILA) to ensure that the process does work as intended.

White House on Electronic Employment Eligibility Verification

Recently there has been a lot of activity on the "employer-side" of immigration, such as raids, etc. On June 9, 2008, the White House issued an Executive Order (see http://www.whitehouse.gov/news/releases/2008/06/print/20080609-2.html ) which states that contracting agencies may not enter into contracts with employers that do not use an electronic employment eligibility verification system designated by the Secretary of Homeland Security.

It will be interesting to see how/if this is challenged as social security numbers/records still aren't actually "tied to" immigration records and often do not "prove" more than that one has been issued. Social security numbers are "tracking numbers" and do not by themselves prove/disprove that a person is authorized to work in the U.S. Given the (lack of) accuracy of many government records it is unclear how effective the electronic system may be in the first place. Perhaps focusing on comprehensive immigration reform may be a more cost-effective alternative?

NY Times Op-Ed on the “Great Immigration Panic”

See below for an excellent article from the New York Times. One can only hope that Congress will take notice.

*****************************************************************************************

New York Times Op-Ed

June 3, 2008

The Great Immigration Panic

Someday, the country will recognize the true cost of its war on illegal immigration. We don't mean dollars, though those are being squandered by the billions. The true cost is to the national identity: the sense of who we are and what we value. It will hit us once the enforcement fever breaks, when we look at what has been done and no longer recognize the country that did it.

A nation of immigrants is holding another nation of immigrants in bondage, exploiting its labor while ignoring its suffering, condemning its lawlessness while sealing off a path to living lawfully. The evidence is all around that something pragmatic and welcoming at the American core has been eclipsed, or is slipping away.

An escalating campaign of raids in homes and workplaces has spread indiscriminate terror among millions of people who pose no threat. After the largest raid ever last month — at a meatpacking plant in Iowa — hundreds were swiftly force-fed through the legal system and sent to prison. Civil-rights lawyers complained, futilely, that workers had been steamrolled into giving up their rights, treated more as a presumptive criminal gang than as potentially exploited workers who deserved a fair hearing. The company that harnessed their desperation, like so many others, has faced no charges.

Immigrants in detention languish without lawyers and decent medical care even when they are mortally ill. Lawmakers are struggling to impose standards and oversight on a system deficient in both. Counties and towns with spare jail cells are lining up for federal contracts as prosecutions fill the system to bursting. Unbothered by the sight of blameless children in prison scrubs, the government plans to build up to three new family detention centers. Police all over are checking papers, empowered by politicians itching to enlist in the federal crusade.

This is not about forcing people to go home and come back the right way. Ellis Island is closed. Legal paths are clogged or do not exist. Some backlogs are so long that they are measured in decades or generations. A bill to fix the system died a year ago this month. The current strategy, dreamed up by restrictionists and embraced by Republicans and some Democrats, is to force millions into fear and poverty.

There are few national figures standing firm against restrictionism. Senator Edward Kennedy has bravely done so for four decades, but his Senate colleagues who are running for president seem by comparison to be in hiding. John McCain supported sensible reform, but whenever he mentions it, his party starts braying and he leaves the room. Hillary Rodham Clinton has lost her voice on this issue more than once. Barack Obama, gliding above the ugliness, might someday test his vision of a new politics against restrictionist hatred, but he has not yet done so. The American public's moderation on immigration reform, confirmed in poll after poll, begs the candidates to confront the issue with courage and a plan. But they have been vague and discreet when they should be forceful and unflinching.

The restrictionist message is brutally simple — that illegal immigrants deserve no rights, mercy or hope. It refuses to recognize that illegality is not an identity; it is a status that can be mended by making reparations and resuming a lawful life. Unless the nation contains its enforcement compulsion, illegal immigrants will remain forever Them and never Us, subject to whatever abusive regimes the powers of the moment may devise.

Every time this country has singled out a group of newly arrived immigrants for unjust punishment, the shame has echoed through history. Think of the Chinese and Irish, Catholics and Americans of Japanese ancestry. Children someday will study the Great Immigration Panic of the early 2000s, which harmed countless lives, wasted billions of dollars and mocked the nation's most deeply held values.

 

This Week’s Immigration News

This Week's Immigration News

The week of May 26, 2008 was fairly uneventful. USCIS posted an update regarding its previously issued interim final rule extending optional practical training (OPT) for qualified F-1 nonimmigrant students, some immigration form revisions, and some new requirements related to foreign adoptions. Also, the DOL issued a release summarizing proposed changes to the H-2B visa application process. In addition, CBP issued a notice announcing that the International Registered Traveler program start date has been moved up to June 6, 2008, and that the name of the program has been changed to Global Entry.

Immigration Craziness-Landlords in Kentucky Charged With Harboring

 

Comment: See below from a recent newspaper article where the government is now attempting to prosecute landlords in Kentucky for "harboring". It is legal to rent to anyone, and it will be interesting to see how the government will be able to show intent to harbor. What do "illegal" people look like? Congress needs to act quickly before enforcement goes completely out of hand.

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May 24, 2008, 11:20PM
Immigration case puts focus on landlords
It's the first time feds have tried to prosecute property owners for renting to illegal residents

By BRANDON ORTIZ
Mcclatchy-tribune

TOOLS

LEXINGTON, KY. — Four illegal immigrants who rented from Lexington landlords have testified they showed only Mexican identification when they applied for apartments.

The immigrants, who are to be deported, testified in depositions that they did not present American driver's licenses or Social Security cards. One, Adnan Ramirez-Jimenez, even showed a Mexican voter registration card, indicating Mexican citizenship, and a manager wrote on his rental application, "first time in USA."

Ramirez-Jimenez testified that he did not show apartment management at Cross Keys Apartments any proof he was in the country legally.

The depositions were filed in U.S. District Court in Lexington in the criminal case against William Jerry Hadden, 69, and his son Jamey, who are charged with 24 counts of harboring illegal immigrants and 24 counts of encouraging illegal immigrants to remain in the country.

The case appears to be the first time the federal government has tried to prosecute landlords for renting to illegal immigrants, defense attorneys say.

The testimony could bolster the government's contention that the Haddens knew 60 tenants were in the country illegally yet rented to them anyway. Whether that's enough to win a conviction for harboring remains to be seen.

The immigrants were deposed so they would not have to remain in jail until the June 23 trial. A fifth witness was called to testify, but he refused to answer in the deposition.

Harboring laws

The Kentucky American Civil Liberties Union, immigration activists and Jerry Hadden's attorneys have contended that the federal government is stretching the intent of the law.

They say harboring laws were intended to target human traffickers or employers who are trying to hide their work forces. They note it is not illegal to rent to illegal immigrants. The Haddens had no legal obligation to check any tenant's immigration status. And laws passed in other cities prohibiting landlords from renting to illegal immigrants have been challenged in court.

The case could have wide-ranging implications, said Josh Santana, president of the Lexington Hispanic Association. If the government wins a conviction, landlords will be less willing to rent to Hispanics, even those with legal status, he said.

"There are sometimes problems for people of color; we don't need to give excuses to people who are predisposed to not rent to them," Santana said.

Lawyer Tucker Richardson, who represents Jerry Hadden, declined to comment. But his law partner, Russ Baldani, wrote in court papers that the government is pushing a ridiculous interpretation of the law.

Jamey Hadden, who lives in Vietnam, has not been served with the indictment, court records indicate.

Houston Shipley raid starts broad immigration crackdown | Chron.com - Houston Chronicle

 

Click on the link for an article on the increase of "immigration raids".  I think it is fair to assume that these raids will increase and is a direct result of Congress not being willing or able to pass reasonable immigration reform.  The current laws have essentially been the same since 1986 but they have often been ignored by the government.  Hopefully, the various agencies and courts involved will exercise reason and compassion.  The problem is greater and more complicated than "legal vs. illegal".....

Houston Shipley raid starts broad immigration crackdown | Chron.com - Houston Chronicle

H-1B Cap Reached for FY 2009

 

April 8, 2008

 

USCIS REACHES FY 2009 H-1B CAP

 

 

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it

has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year

2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons

exempt from the cap under the "advanced degree" exemption. Before running the random

selection process, USCIS will complete initial data entry for all filings received during the filing

period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to

announce the precise day on which it will conduct the random selection process.

 

USCIS will carry out the computer-generated random selection process for all cap-subject

petitions received. USCIS will select the number of petitions needed to meet the caps of 65,000

for the general category and 20,000 under the "advanced degree" exemption limit. USCIS will

reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be

a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule

published on March 24, 2008 in the Federal Register.

 

The agency will conduct the selection process for "advanced degree" exemption petitions first.

All "advanced degree" petitions not selected will be part of the random selection process for

the 65,000 limit.

ICE Unveils New “Secure Communities” Plan

On March 28, 2008, DHS/ICE unveiled a new "Secure Communities" plan (see e.g. www.ice.gov). Key enhancements in the Secure Communities plan include:

 

• ICE will work with its partners to distribute integration technology that will link local law enforcement agencies to both FBI and DHS biometric databases. Currently, as part of the

routine booking process, local officers submit an arrested person's fingerprints through FBI databases to access that individual's criminal history. With interoperability, those

fingerprints will also automatically be checked against DHS databases to access immigration history information. The automated process would also notify ICE when

fingerprints match those of an immigration violator. ICE officers would conduct follow up interviews and take appropriate action.

• ICE will identify removable criminal aliens and prioritize their removal based on the threat they pose to the community.

• ICE will continue working with local, state and federal detention centers and the Department of Justice Executive Office of Immigration Review (EOIR) to increase the

number of facilities that use video teleconferencing technology.

• Working with ICE, U.S. Attorney's Offices will seek to prosecute more criminal aliens who illegally re-enter the country. This initiative is aimed at deterring recidivism.

• ICE will streamline processes for the Office of Detention and Removal including the expanded use of the Alternatives to Detention Program (ATD) and by more efficiently

obtaining removal orders and travel documents before criminal aliens are released from local custody.

• ICE will continue and expand the use of its Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program whereby criminal aliens serving state sentences receive

early parole in exchange for assisting in their removal from the United States. The programs are restricted to criminal aliens who have not been convicted of serious felonies and who

have no history of violence. The program has proven successful in New York and Arizona thus far and ICE seeks to establish Rapid REPAT programs in four additional states by the

end of FY 2008.

 

It appears that the government is taking its own actions to remedy the "illegal alien problem" since Congress has yet to come up with a plan for comprehensive immigration reform…….

H-1B Visas: Continuing Immigration Policy Chaos

 

Today, USCIS announced an interim final rule to make a “lottery” process available for obtaining scarce H-1B numbers more equitable. H-1B visas are petitions for professional/skilled workers that require at least a bachelor's degree or equivalent.  It is anticipated that visa numbers for Fiscal Year 2009 will run out shortly (within a few days) after applications can be filed on April 1, 2008, for an October 1, 2008 start date. 

Having "lotteries" does not fix a broken immigration system or make it easier to provide legal avenues for employers to fill legitimate labor needs, whether for skilled or unskilled workers.  Hopefully, Congress can come together sooner than (too) late(r).

DHS Unveils Operation “Don’t Cross”

There are confirmed reports that the Department of Homeland Security (DHS) recently unveiled their newest operation, "Don't Cross," which prosecutes in U.S. federal court all illegal entrants regardless of lack of criminal history, immigration history, nationality, etc. Fines and/or up to 2 years imprisonment may be imposed.

 

This new operation officially went into effect on Monday February 25, 2008, but it appears DHS may have started on a smaller scale even before that. It is unclear how long the operation will last, or when it will be extended (right now, apparently only people crossing between the downtown port of entry in El Paso and Mt. Cristo Rey in NM are being prosecuted).

 

Oregon DMV Changes in applying for Oregon Driver Licenses and ID Cards under the REAL ID Act will become effective February 4, 2008.

 

See below link for the State of Oregon's information on the new driver licensing and ID card rules which go into effect on February 4, 2008.  It will be interesting to see how these changes may affect anyone who applies since many government records are either incorrect or outdated, and what constitutes "proof of legal status" is not always easy to determine unless the person has sufficient expertise/training.  

Oregon DMV Changes in applying for Oregon Driver Licenses and ID Cards

Recent Immigration Items of Interest

 

There is some recent immigration-related news which is likely to affect not only immigrants but all U.S. residents.

The DHS recently issued a reminder that citizenship and identity documents will be required when entering the U.S. through land and sea ports of entry as of January 31, 2008 and that entry will no longer be permitted by oral declaration of citizenship alone. In addition, the U.S. State Department has issued a notice describing a number of new "routine uses" for sharing passport records outside the department. In short, the old days of showing a driver's license to go to Mexico or Canada will not be sufficient. Also, what constitutes "routine uses" to share passport information with other agencies (maybe Social Security, IRS, law enforcement, etc) is not entirely clear. With a final rule of the REAL ID Act coming up (which among other requires states to ask for "legal status" to issue driver's licenses, it appears that we are moving closer to a national identification system…….

Also, the Department of State's February 2008 Visa Bulletin informed that there are no available visa numbers Outstanding Professors and Researchers from India. Visa backlogs affect all, not just the "illegal immigrants".

In addition, a recent ICE memo states that before the Division of Immigration Health Services can administer involuntary sedation to individuals subject to deportation., they must first request an order from a federal district court order. Nice.