300 Immigrants with Criminal Records Arrested in Texas

Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News reports. The largest number of arrests, 119, were in North Texas. According to the article:

Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.

The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.

A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.

Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.

Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008. 

K-3 Visa Processing

Spouses of United States citizens may enter the U.S. with a non-immigrant K-3 visa while the immigrant visa petition is pending. It is important to note that the marriage must be valid in order to qualify and all previous marriages must be legally terminated. Thus, one will include either divorce or death documents (if applicable).

To obtain a K-3 visa, the U.S. citizen will file Form I-130 Petition for Alien Relative along with supporting documentation and the filing fee of $355. Once U.S. Citizenship and Immigration Services (USCIS) receive Form I-130, USCIS will issue a receipt notice indicating that they received the petition. The U.S. citizen will thereafter file Form I-129F Petition for Alien Fiancé with USCIS and include the I-130 receipt notice, and other supporting documentation. There are no filing fees when filing Form I-129F in this second step.

If the Immigrant Petition (Form I-130) has not been decided, and Form I-129F has been approved by USCIS, the file will be sent to the National Visa Center (NVC). The NVC will process the K-3 visa petition and send the K-3 petition to the U.S. Embassy or Consulate where the marriage took place or visa applicant's country of nationality. The K-3 visa applicant will be instructed by the U.S. Embassy or Consulate of further administrative processing.

If both Form I-129F (K-3) and Form I-130 (Immigrant Relative petition) have been approved by USCIS and both petitions were received by the NVC, the NVC will process the immigrant visa petition since there is no need to process the K-3 visa.

Please call us at (214)999-9999 for further information on K-3 visas or other immigration related questions.

Judge Finds Grounds to Sanction Arizona Sheriff Arpaio

 The Associated Press is reporting that a "federal judge has found grounds for sanctioning an Arizona sheriff's office for its acknowledged destruction of records in a lawsuit that accuses deputies of racially profiling countless Hispanics in immigration patrols." Here is the beginning of the article: 

U.S. District Judge Murray Snow held off on imposing the sanctions against the office of Maricopa County Sheriff Joe Arpaio in the Friday ruling, but indicted he would do so at a later date once related issues were ironed out.

Since early 2008, Arpaio has run 13 immigration and crimes sweeps consisting of deputies and posse volunteers who flood an area of a city — in some cases heavily Latino areas — to seek out traffic violators and arrest other offenders.

The handful of Latinos who filed the lawsuit against Arpaio's office alleged that officers based some traffic stops on the race of Hispanics who were in vehicles, had no probable cause to pull them over and made the stops so they could inquire about their immigration status.

 

 

Take Your Passport If You Go To Mexico

Beginning March 1, 2010, Mexico will require U.S. citizens to have valid passports when traveling to Mexico. Legal residents of the U.S. must have their green cards or other documents demonstrating legal status in the U.S.

This new rule by Mexican authorities shouldn't change travel habits, because it has been the law in the U.S. since June 2009 that U.S. travelers returning to this country from Mexico must show their passports.

Running Away From Immigration Reform

Columnist Reuben Navarrette has spoken out about President Obama's near non-mention of immigration reform in the State of the Union speech. Navarrette is concerned that the president will not push for meaningful reform, but will simply work on increased enforcement, which is the one area that gets a consensus opinion. I'm taking the liberty of printing the full column because it's important to read it all.

Thirty-seven words. In this week's State of the Union address -- which was more than 7,000 words long and lasted longer than an hour -- all President Obama devoted to the issue of immigration reform was 37 measly words.

Here they are: "And we should continue the work of fixing our broken immigration system -- to secure our borders, enforce our laws and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation."

It's disappointing that Obama didn't spend more time on this pressing issue -- but not surprising. Even though, elsewhere in the speech, Obama reminded Democrats in Congress that "the people expect us to solve problems, not run for the hills," this White House spent the first year in office running for the hills on immigration reform.

In fact, Obama's chief of staff, Rahm Emanuel, once referred to the issue as the real "third rail" of American politics. You touch it, you die.

Every immigration reform advocate in the country -- including many Latinos -- should be disappointed in Obama. Many of them bought the fairy tale that a Democratic president would magically be more committed to immigration reform than a Republican one. And they expected Obama to make good on the promise he made, while addressing the annual meeting of the National Council of La Raza in July 2008 as a candidate, to treat comprehensive immigration reform as "a top priority in my first year as president."

That obviously didn't happen. And, regardless of what Obama's defenders say, it wasn't just because the president found other things to do. The truth is that immigration reform was always going to be an especially tough issue for Democrats since it splits the liberal coalition with Latinos on one side and organized labor on the other.

While many unions support giving illegal immigrants a shot at legal status, they balk at another element in the mix: guest workers, which organized labor claims would undermine U.S. workers who would -- even as we speak -- be happily doing the dirtiest and most dangerous jobs if foreign workers hadn't beaten them to it.

As for what Obama said in his speech, you'll notice that he was careful not to use hot-button phrases: "comprehensive immigration reform," "guest workers," "earned legalization." He was just as careful to emphasize positive phrases: "enforce our laws," "contribute to our economy," "enrich our nation."

Oh brother. Those 37 words must have been focus-grouped 100 times.

Next, Obama also played it safe by basically selling the rhetorical equivalent of mom, puppies and apple pie. By limiting his immigration remarks to feel-good generalities, the president decreased the likelihood of being attacked by opponents.

How does someone oppose "fixing our broken immigration system" or a call to "secure our borders"?

And finally, in going to bat for "everyone who plays by the rules," Obama can't very well be talking about illegal immigrants since they didn't play the rules to get here, stay here or work here. In fact, they are, by their very nature, rule breakers.

So either Obama is telegraphing that he won't be aggressively pursuing a path to earned legalization for illegal immigrants and will instead focus on the low-hanging fruit of enforcement only, or he is redefining what it means to "play by the rules," and what he means is that he aims to help those illegal immigrants who -- having broken the rules to get here -- might now be willing to adhere to a set of conditions to stay here.

There's a big difference between those two approaches, and only time will tell what the president is prepared to do to -- as he said -- fix a broken system.

Obama had it right the first time when he was campaigning for president. The answer is comprehensive immigration reform. "Enforcement only" won't work because it never does. It's just another way for lawmakers to take the easy way out, and -- as Obama said -- run for the hills.

Our elected officials need to grab the immigration issue whole with a comprehensive approach that includes: 

• Guest workers to do jobs Americans won't do at any wage;

• A tamper-proof identification card for all U.S. workers to help employers know who is legally eligible to work;

• New employer sanctions that include stiffer fines and jail time for repeat offenders;

• A condition-laden pathway to earned legalization for illegal immigrants who have been in the United States since before 2005;

• More workplace raids and speedier deportations to deal with those who can't or won't meet those conditions;

• A revamping of the immigration system for legal immigrants so that we put more emphasis on the demands of the labor market and less on family reunification;

• A ban on welfare and other social aid programs for those legalized with the exception of emergency health care;

• And efforts to secure the border, not with walls to nowhere but with better and smarter technology that helps Border Patrol agents stay one step ahead in their ongoing battle of wits with immigrant smugglers.

Mr. President, there is no way to say all that in 37 words.

President Declares Ongoing Commitment to Immigration Reform

Press release from the Immigration Policy Center:

January 27, 2010

Washington D.C. - In the State of the Union Address this evening President Obama made clear his ongoing commitment to immigration reform noting "we should continue the work of fixing our broken immigration system - to secure our borders, enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation." Some may continue to argue that immigration reform is too politically risky to move on this year and that we should focus instead on rebuilding our economy. However, comprehensive immigration reform is compatible with economic reform as it would generate needed economic growth, create jobs and increase tax contributions by ensuring that everyone working in the United States is doing so legally. In fact, immigration reform would allow us to take full advantage of the opportunities for economic growth that immigrants bring.

 
Immigration Yields Tremendous Economic Benefits to America  

 

  • 2007 report from the White House Council of Economic Advisers concluded that immigration as a whole increases the U.S. Gross Domestic Product (GDP) by roughly $37 billion each year because immigrants increase the size of the total labor force, complement the native-born workforce in terms of skills and education, and stimulate capital investment by adding workers to the labor pool. 
  • Immigrants do not compete with the majority of natives for the same jobs because they tend to have different levels of education and to work in different occupations. In fact, The roughly 90% of native-born workers with at least a high-school diploma experienced wage gains because of immigration between 1990 and 2004, ranging from 0.7% to 3.4% depending on their level of education, according to a 2006 study by Giovanni Peri, Associate Professor of Economics at the University of California-Davis. 

  • Immigrant entrepreneurs are twice as likely as Americans to start business and immigrant inventors account for more than one quarter of all U.S. patents according theKauffman Index of Entrepreneurial Activity, 2008.  

If Comprehensive Immigration Reform is Enacted the Benefits Will Be Even Greater    
  • According to a 2010 study by UCLA professor Raul Hinojosa, comprehensive immigration reform that includes a legalization plan for the unauthorized would contribute a cumulative $1.5 trillion to the Gross Domestic Product over ten years, as more tax revenues are collected, wages increase for U.S.-born and legalized workers, and immigrant workers spend more in our economy.  The report also finds that wages for immigrant and native-born workers would rise in part because workers will have more bargaining power in the workplace.  

  • The libertarian Cato Institute also reported that "legalization of low-skilled immigrant workers would yield significant income gains for American workers and households."  

"Tonight the President paid tribute to those who struggle to build the American dream, even in the midst of economic uncertainty. His call for a revitalized domestic and foreign policy agenda based on American values and innovation included immigration reform because the White House recognizes the economic and moral necessity of fixing our broken immigration system," said Mary Giovagnoli, Director of the Immigration Policy Center. "We have a golden opportunity to enhance the gross domestic product, create and sustain new jobs and businesses, and maintain our competitive edge in the world if we create a system that legalizes current undocumented workers, provides for improved legal channels for families and new workers when they are needed in the future and adopts sensible policies to secure our border. Such measures will help to provide the framework for an economic recovery that will allow us all to pursue our American dreams." 

 

39 Countries Now Eligible for H-2A & H-2B Visa Programs

The Department of Homeland Security (DHS) Secretary Janet Napolitano designated 11 new countries to be eligible to participate in the H-2A and H-2B visa programs. The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary or seasonal jobs for which U.S. workers are not available.

The 11 newly designated countries are: CroatiaEcuadorEthiopiaIrelandLithuania, The Netherlands, NicaraguaNorwaySerbiaSlovakia, and Uruguay.

These 11 new countries join the 28 previously designated countries eligible to participate in these programs.

More information is available at: www.dhs.gov.

 

New Web Site for Haitian Earthquake News

The U.S. Department of State (DOS) has launched a new Web site — 2010 Earthquake in Haiti. This is a useful tool because it allows people to search for information about the location or condition of a person in Haiti. There is a Person Finder link which can be used by anyone to find and share information about foreign citizens in Haiti.

 

Nationals of Haiti in U.S - Apply for TPS Now!

Nationals of Haiti who were in the United States on or before January 12, 2010, are eligible to apply for temporary protected status (TPS). If eligible, nationals of Haiti with TPS will be allowed to remain in the United States as a result of the earthquake that occurred in Haiti on January 12, 2010.

Furthermore, TPS holders will not be removed from the U.S. through July 22, 2011, and are eligible to apply for work authorization in the United States. The TPS registration period is for 180 days, so it is vital that nationals of Haiti in the United States on or before January 12, 2010, apply for TPS before July 20, 2010.

 

Free Webinar on Legal Changes Affecting Haitian Immigrants

 Here is a message I received from the good people at Thomsen Reuters:

I wanted to pass on some news that may be of interest to your readers, just posted this morning:  Thomsen Reuter’s CLE division, West LegalEdcenter, is hosting a FREE webcast seminar on Haiti and immigration law.  It focuses on the ramifications of the recent, and significant policy changes announced by the U.S. Department of Homeland Security and the Department of State pertaining to Haitian nationals currently in the US, as well as orphans in the process of adoption. 

Here is a link:   http://tinyurl.com/ydbkekf

Produced by the National Bar Association, the webcast will take place this Monday, January 25, 2010 at 3 p.m. EST. 

Let me know if you have any questions.

Sincerely, 

Mike Weiner
West LegalEdcenter, A part of Thomsen Reuters