AILA Troubled by Supreme Court Decision That Opens Door to 50 Different Laws on Employment Verification

This is likely to create a royal mess………………The US needs reform………..

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FOR IMMEDIATE RELEASE: Thursday, May 26, 2011

CONTACTS:
George Tzamaras
202-507-7649
gtzamaras@aila.org

Jenny Werwa
202-507-7628
jwerwa@aila.org

WASHINGTON, DC -- The American Immigration Lawyers Association (AILA) is troubled by today's Supreme Court decision to uphold the Arizona Legal Workers Act, a law that threatens to revoke the business licenses of companies in that state if they knowingly hire unauthorized immigrants and requires that Arizona businesses participate in the federal E-Verify program which Congress enacted as a voluntary "pilot program." AILA agrees with Justice Sonia Sotomayor, who said that the majority reading of the law "subjects employers to a patchwork of enforcement schemes similar to the one that Congress sought to displace when it enacted IRCA."

The decision did not address Arizona's infamous SB 1070, the more high-profile Arizona immigration law which requires police to check the immigration status of individuals in certain circumstances. The main provisions of SB 1070 were successfully challenged in federal court on constitutional grounds and are on appeal.

According to David Leopold, President of AILA, "Today's Supreme Court decision is no predictor of how the Court will come out on SB1070. The majority opinion appears to have turned on a narrow and technical reading of the 'savings clause' in IRCA that references state licensing laws. Those who might take some comfort from this decision, hoping that other state laws such as Arizona SB 1070 might be upheld, should pay close attention to the court's affirmation that state laws violate the Constitution if 'they impose additional burdens on the Federal government.'"

Leopold added, "What is particularly troubling about this decision is the danger of a muddled mix of state immigration laws, each of which claims to essentially track the federal law, but each of which has its own tweaks and nuances. It will be extremely burdensome and expensive for employers who operate in multiple states across the country, and who wish, in good faith, to comply with our immigration laws, to ensure not only federal compliance but also compliance on a state-by-state level."

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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.

 

USCIS Launches I-9 Web Site

On May 13, 2011, U.S. Citizenship and Immigration Services (USCIS) today launched I-9 Central, a new online resource center dedicated to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification.

This free, easy-to-use website builds on recent employment-related enhancements by providing employers and employees simple one-click access to resources, tips and guidance to properly complete Form I-9 and better understand the Form I-9 process.

Read the Press Release.

June 2011 Visa Bulletin

Visa Bulletin For June 2011

 

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY04	01MAY04	01MAY04	01MAR93	22FEB96
F2A	22AUG07	22AUG07	22AUG07	22JUL07	22AUG07
F2B	15APR03	15APR03	15APR03	22AUG92	08JUN00
F3	01JUN01	01JUN01	01JUN01	15NOV92	08MAR92
F4	08MAR00	08MAR00	08MAR00	15FEB96	01MAY88

 

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15OCT06	15OCT06	C	C
3rd	15SEP05	15MAY04	22APR02	22DEC04	15SEP05
Other Workers	08NOV03	22APR03	22APR02	08NOV03	08NOV03
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

DREAM Act Reintroduced

WASHINGTON, DC – On May 11, 2011, Senator Dick Durbin (D-IL) and 32 cosponsors introduced the DREAM Act, legislation that, if passed, would provide undocumented youth who were brought to the U.S. as children a path to citizenship if they attend college for two years or enlist in the military.  Representatives Howard Berman (D-CA) and Ileana Ros-Lehtinen (R-FL) also will introduce similar legislation in the House of Representatives today. This legislation, which has been introduced in every congressional session since 2001, has received widespread support from the business, labor, education, and faith sectors, and enjoys high public approval ratings.  Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

"Senator Durbin, Representative Berman, Representative Ros-Lehtinen, and the other members of Congress who cosponsored this legislation recognize that passing this bill cannot come quickly enough for the young men and women — and children — whom it affects.  Every day, talented young people are caught in the immigration enforcement dragnet and deported.  That's why, a few weeks ago, several senators also sent a letter to President Obama urging him to use his executive authority to make deferred action available on a more systematic basis to DREAM-eligible individuals, and thus to provide these Americans-at-heart a more reliable means of avoiding being deported from the only country they know.

"Last year, after a thrilling win in the House of Representatives, the DREAM Act, like so much other commonsense legislation that had been proposed, fell victim to partisan politics.  The loss wasn't felt only by the children affected by this legislation; it was felt by the entire Latino community, who watched the vote as it was broadcast live by the country's two largest Spanish-language television networks.

"Yesterday, during a major address on immigration, President Obama reaffirmed his support for this much-needed legislation.  Unfortunately, the Department of Homeland Security continues to deport young DREAMers, even though they may be mere months away from having the opportunity to normalize their immigration status. While our greatest hope is that the DREAM Act becomes law, until then, we call on President Obama to use prosecutorial discretion to grant relief to these students. We cannot continue to lose these vital members of our communities. Our economy and society are suffering because of inaction."

USCIS Launches E-Verify Spanish Website

USCIS has launched the Spanish version of its E-Verify web pages. Please visit www.uscis.gov/espanol/E-Verify
to view important information for both employees and employers now available in Spanish. USCIS plans to expand the E-Verify Spanish website with additional sections on a recurring basis.

 

USCIS ha lanzado la versión en español de sus páginas web de E-Verify. Por favor, visite www.uscis.gov/espanol/E-Verify
para ver información importante tanto para empleadores como empleados, ahora disponible en español. USCIS planea expandir el sitio web en español de E-Verify añadiendo secciones regularmente.