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  • Two Immigration Law Figures to Watch in Congress

    by JP Sarmiento on February 1, 2013

    Post image for Two Immigration Law Figures to Watch in Congress

    Eight Republicans and five Democrats will comprise the U.S. House of Representatives Subcommittee on Immigration and Border Security. With plans of a more comprehensive immigration reform by the Obama administration, this subcommittee will have a great impact on the progress of the reforms.

    Among the influential members of this subcommittee are U.S. Rep. Trey Gowdy and U.S. Rep. Zoe Lofren. Represetative Gowdy is the newly-appointed chairman of the immigration committee in the GOP-lead House of Representatives. He has been in the state and federal prosecutor arena for 16 years now and got into congress in 2010.

    Representative Zoe Lofren on the other hand is the Ranking Democrat on the immigration committee. She was the chairwoman of the said committee until 2010. This U.S. Representative has a solid background in law and immigration since she was a former Santa Clara County supervisor, immigration lawyer and instructor.

    Together with the other representatives who will be bringing with them their solid backgrounds and experiences, Reps. Gowdy and Lofren will share the limelight in the days to come. Millions of people may have their hopes, or frustrations, on immigration issues and policies affected by the decisions of this subcommittee.

    Source: Inside Bay Area

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      Republicans, Democrats Ready for Broad Immigration Reform

      by JP Sarmiento on February 1, 2013

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      The United States Republican and Democratic senators already got the outline of a broad immigration reform that would determine the fate of thousands of illegal immigrants in the country. One of the things included is a path to “earned legalization” for the immigrants.

      Senators like Sens. John McCain and Robert Menendez have expressed their shared views on finding better solutions for those around 11 million people in the U.S. with illegal status. A comprehensive package of immigration reforms by a bipartisan group of six senators is revealed to be doing significant progress. This progress will be a good follow-up to the immigration reforms plans President Obama is expected to unveil in Las Vegas.

      Some of the senators, even those who are not in the bipartisan group, are also optimistic about the compromise the parties are doing in order to attain a comprehensive law on immigration that the country can live with.

      Source: Los Angeles Times

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        Durbin: Odds Are Good for Immigration Reform

        by JP Sarmiento on January 24, 2013

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        On the advent of President Obama’s reelection inauguration, Senator Richard “Dick” Durbin stated that he was optimistic the Senate might pass a comprehensive immigration reform bill. Senator Durbin holds substantial influence in the Senate, as he holds the Senate Majority Whip position, the second highest position in the Democratic Party leadership in the Senate.

        The possible immigration bill might have the DREAM Act included. If this happens, college in the U.S. will soon be affordable for illegal immigrants who have always wanted the opportunity. Work permits will also be possible for a lot of illegal immigrants who qualify, which could allow them to obtain driver’s licenses, state IDs, and social security cards.

        Durbin even believes that Republicans might already be rethinking their position on immigration. The 2012 election could be the reason why the realization came about. The support of the Hispanic community and Republicans is very important in any possibility of immigration reform. The result of the previous election shows how votes from the Hispanic community can have an impact, and the value and influence immigration reform has on the elections.

        Source: NBCChicago.com

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          U.S. Immigration Policy Hurting Entrepreneurship

          by JP Sarmiento on January 14, 2013

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          Forbes recently had an opinion article by Bill Aulet and Matt Marx addressing how  US Immigration Policy is hurting entrepreneurship. The article was based on their thoughts on their students in MIT, one of the premier universities in the world. They in particular drew from what they saw from the opportunities or lack thereof for the international students.

          In their entrepreneurship class at MIT, many of the students are international, and they need theU.S.government’s permission to work in the country. They will be left with two options; leave theUnited Statesand build their company back in their home country or look for a company who can sponsor them to get a shot at an H-1B visa. These options will not allow these students to start their own company in theUnited States.

          Although Bill and Matt believe that these non-U.S. citizen students may hope to get their visa extended for “optional practical training”, the chances of them getting their H-1B visa so they can start their company to grow big enough to be recognized as a legitimate enterprise are not that great.  They have to work for someone first, and they can only hope that the employer who hires them would eventually petition them not just for an H-1B visa, but eventually also for their green card. Should they get their green card later on and quit the company after at least 6 months, only then can they start their business. That whole process, from graduation to eventually putting up a business, could take over 6 years.

          Bill Aulet and Matter Marx pointed out that not all innovation-driven entrepreneurs are born American citizens. There are students, like those at MIT, who are potential drivers for economic prosperity and can create more job opportunities in the country. But the current immigration policy is hurting the chances of these promising, non-U.S. citizens.

          USCIS Director Alejandro Mayorkas addressed a group of MIT students and promised to aid entrepreneurs as much as possible even with the existing strict immigration laws and policies.

          Bill Aulet and Matt Marx believe that it would help the USCIS to aid foreign entrepreneurs if they consider three things; consider the potential of immigrants to build companies and job opportunities, appreciate their talents, and understand the advantages of startups on how they move fast and more responsively to economic challenges.

          Source: Forbes.com

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            Post image for Obama Government spent $18 billion on Immigration Enforcement in 2012, Topping Other Federal Offices

            The Obama administration has been showing major changes in terms of immigration enforcement efforts since the beginning of the last fiscal year. The current administration is reported to have already spent more money on immigration than any other federal law enforcement agency.

            The government spent about $18 billion on immigration enforcement programs run by ICE, US-Visit Program and Customs and Border Protection. This is what the Migration Policy Institute report revealed.

            The US already spent more than $187 billion on immigration enforcement since the day the Immigration Reform and Control Act was signed by former President Ronald Reagan. Since then, the increase of immigration related crimes has outnumbered other cases in the country.

            It is believed that no other nation in the world has shown such determination and commitment in immigration enforcement as the US under the Obama Administration. Critics who used to think that the current administration has been soft on their immigration policies and enforcement are surely now reconsidering their opinions.

            Source: WashingtonPost.Com

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              On January 2, 2013, Secretary of Homeland Security Janet Napolitano announced the posting of the final rule for provisional waivers, effective March 4, 2013. This establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States for immigrant visa interviews.

              Prior to this announcement, immediate relatives of U.S. Citizens  who were not eligible to adjust status in the United States must leave the U.S. and OBTAIN A WAIVER ABROAD AFTER their immigrant visa interviews,  when they are found inadmissible due to previous unlawful presence in the U.S.

              But with this new provision, these applicants can apply for the waiver IN THE UNITED STATES, obtain an approval, and leave for only a short time to get the immigrant visa abroad.

              To obtain an approval of the provisional unlawful presence waiver, the applicant must be inadmissible ONLY ON ACCOUNT OF UNLAWFUL PRESENCE, and demonstrate that the denial of the waiver would result in EXTREME HARDSHIP to his or her U.S. Citizen spouse or parent. The USCIS will publish a new form, Form I-601A, for individuals to use when applying for a provisional unlawful presence waiver under the new process.

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                Post image for USCIS Issues Interim Memo Providing Age-Out Protection for Derivative U Status Holders

                The U Visa is designed for immigrants who were victims of serious crimes. They are given the opportunity have legal status in the U.S. due to their cooperation in the investigation or prosecution of criminal activities. The visa is applicable to derivatives of those whose applications were granted, including children of U visa principal applicants who are under 21. But what about those who turn 21?

                An interim memo has been issued on December 12, 2012, granting deferred action on a case-to-case basis to those U visa  holders who are to turn twenty-one.  The USCIS will also grant extensions to those who have aged out of derivative eligibility before the implementation of this memo.

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                  Feds Scrap State Immigration Enforcement Program

                  by JP Sarmiento on January 1, 2013

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                  The 287(g) program gives state police the power to question people about their status, serve arrest warrants, and transport people with immigration violations. Since 2002 when the Bush administration started the 287(g) program, it had already received mixed opinions. Part of the reforms in the works under the Obama administration is the scrapping of part of this controversial program.

                  In Georgia and many other states, the U.S. Immigration and Customs Enforcement ordered the termination of part of the 287(g) program which deputized state and local police to help enforce federal immigration laws. Some speculate that this administration is keen on totally scrapping out the 287(g) program but this is still in the works.

                  Source: AJC.Com

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                    Obama Administration Deported a Record 1.5 Million People

                    by JP Sarmiento on December 28, 2012

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                    There are mixed emotions and opinions when the latest data revealed showing an unprecedented 409,849 people being deported since September of this year. Despite the support of President Obama and his administration in setting a path to citizenship for many illegal immigrants, the numbers of deported immigrants still skyrocketed.

                    It is noted that President Obama deported a record of 1.5 million illegals in his first term. The administration is not worried about the negative feedback they are getting from some people, in fact, they are even claiming that the figures just show how their shift in enforcement in focusing on criminals is working. Immigrant advocates, the Latino politicians and civil rights groups are not happy about this news. As they feel no sympathy for hardened criminals, some of them, such as Rep. Luis Gutierrez are concerned that some of those who are deported are parents and breadwinners. What they would want as the best solution is the passage of a comprehensive immigration reform that Congress should take up next year.

                    In response to the criticisms, U.S. Immigration and Enforcement Director John Morton is giving orders to his agents to focus solely on ‘serious offenders’. This should mean that illegal immigrants who are convicted of one or two minor misdemeanors are not going to be pursued.

                    Source: NPR.Org

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                      2012 Showed an Increase In Immigration Audits

                      by JP Sarmiento on December 27, 2012

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                      The U.S. Immigration and Customs Enforcement have increased their efforts in auditing companies who have illegal immigrants on their payrolls. Those companies who have been caught have been issued severe fines. From 2009 to 2012, the total amount of fines have already increased by almost $13 million; which is a far-cry from the $1 million average prior to 2009.

                      As much as the U.S. government would want to improve the country’s immigration system, advocates are not as happy about this trend. One of the impacts of these audits is the unavailability of workers for certain jobs.  Mass layoffs have already happened for several companies and outsourcing has been a priority for some, leaving many US workers unemployed anyway.

                      Source: JournalNow.Com

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