Texas Immigration Lawyer & Attorney : Kraft & Associates Law Firm : Visas, Green Card, Citizenship, Deportation : Dallas, Texas

This morning, Immigration Services announced a proposal to adjust filing fees for immigration and naturalization benefits. It is estimated that the new fees would be an 86% increase over the current fee structure. Immigration Services states that there is a need for an increase in the fee structure to improve customer service, strengthen the security of the current immigration system, and to modernize the organization's infrastructure.

It is estimated that the increase in fees will eventually lead to a 20% decrease in processing time by the end of 2009. Previously, Immigration Services routinely adjusted fees for inflation, and the last increase took place in October 2005.

The proposed fee structure will undergo a comment period for sixty days beginning February 1, 2007.

For more information please see this Adobe Acrobat file from the USCIS Web site.

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The ILRC Forecast on Immigration Reform
Judith Golub, Executive Director

With the November mid-term elections behind us and the 110th Congress convened, what is the prognosis for immigration reform? While it would be an uphill fight, reform could be enacted this year, given both the public's demand that Congress fix our nation's problems (and our broken immigration system being one of the primary problems needing attention) and some momentum remaining from last year's Congressional debate. Both Democratic and Republican Senate leaders have prioritized immigration reform. Senate Majority Leader Harry Reid (D-NV) introduced the Comprehensive Immigration Reform Act of 2007 (S. 9) on the very first day of the 110th Congress and has reserved floor time to consider the issue. This "placeholder" bill will be replaced most likely with a reform package, perhaps one negotiated by Senators Edward Kennedy (D-MA) and John McCain (R-AZ). Republican Senate Minority Leader Mitch McConnell has acknowledged that immigration is a pressing concern needing to be addressed. On the House side, Representative Zoe Lofgren (D-CA), the Chair of the House Immigration Subcommittee, wants to produce "a practical and bipartisan bill that gets broad support" and believes that "if everybody can lower their voice, just stop yelling and go through the issues one by one, that we can come to consensus." However, a determined opposition led by Senate and House Republicans are expected to put roadblocks in the way of reform.  In contrast, President Bush in his State of the Union address underscored the fact that "convictions run deep in this Capitol when it comes to immigration.  Let us have a serious, civil, and conclusive debate - so that you can pass, and I can sign, comprehensive immigration reform into law."

But what kind of reform remains the question, as does whether there will be reform at all - given the "convictions that run deep."  While the following does not exhaust the possibilities, below are four scenarios:

·         The "good enough" scenario in which a measure passes that includes both hard pills to swallow and significant positives and can be implemented.  This will be a very uphill fight;

·         The "get done what we can" scenario in which, due to time constraints and other roadblocks, a smaller scale package passes (that includes AgJobs and DREAM Act and other measures along with some enforcement provisions) that has sufficient Congressional support and will provide the foundation for future reform;

·         The "not good enough" scenario in which a measure passes that does not depart significantly from last year's Senate-passed bill, S. 2611, should be opposed on its merits and cannot be implemented; and

·         The "crash" scenario in which too many constraints, conflicts, and roadblocks stand in the way so that Congress fails to address reform this year. 

Several factors will help determine which scenario might become reality and include: 

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Over the past several months, Bush administration officials and the U.S. Immigration and Customs Enforcement (ICE) have been trying to convince businesses that rely heavily on foreign workers to join a little-known program that would spare them from federal raids so long as they voluntarily handed over their workers' documents so the government can scan them for fraudulent information.

To prevent unlawful employment and reduce vulnerabilities that help illegal aliens gain employment, the Department of Homeland Security introduced the ICE Mutual Agreement between Government and Employers (IMAGE) program. The goal is to assist employers in developing a more secure and stable workforce and to enhance fraudulent document awareness through education and training.

The program calls on businesses to submit all I-9 employee eligibility verification forms to ICE (Immigration and Customs Enforcement) for an audit and to ensure the accuracy of wage reporting by verifying workers' Social Security numbers.

As part of IMAGE, ICE will provide education and training on proper hiring procedures, fraudulent document detection, use of the Basic Pilot Employment Verification Program and anti-discrimination procedures. To obtain these benefits, a company will have to submit to an I-9 audit by ICE, and verify the Social Security numbers of their existing labor forces.

According to ICE, "The IMAGE program also serves to foster improved relations with businesses vital to U.S. national interests as part of ICE's role in critical infrastructure protection."

Currently, participation in the program is voluntary. An employer that complies with IMAGE will become "IMAGE certified," a distinction ICE hopes will become an industry standard.

The government's efforts under IMAGE are much broader than those under another program, Basic Pilot, in which businesses voluntarily enroll. Companies that take part in Basic Pilot can check the Social Security numbers provided by job applicants against a national database of Social Security and immigration records.

In December 2006, ICE rounded up nearly 1,300 immigrants in raids on meatpacking plants run by Swift & Co. The arrests were highly criticized by Swift's President, who stated that the company relied in good faith on the Basic Pilot program, and had participated in the program since 1997. The system, however, did not identify stolen Social Security numbers or numbers that are being used in multiple locations. A Swift spokesperson stated that the company will not participate in the IMAGE program since they do not see any benefit in signing up for additional obligations when the Basic Pilot program had flaws in identifying illegal workers.

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CNN columnist Ruben Navarrette, Jr. has yet another provocative column online. This one concludes that Americans will never be able to find a solution to immigration concerns because Americans are the problem.

His basic premise is that as long as Americans are addicted to illegal immigrant labor, we shouldn't complain about illegal aliens coming to America. Here are excerpts from the article:

I'm a Mexican-American. In fact, I never feel more American than when I am in Mexico -- a country with rich and poor and little in between, with too much corruption and too little opportunity.

Tijuana is an exception. It's buzzing. According to Baja Gov. Eugenio Elorduy Walther, the unemployment rate is a measly 0.8 percent. Moreover, he said, the city retains as much as 70 percent of the people who migrate here from other parts of Mexico with the intent of crossing the border.

Did you catch that? To curb illegal immigration into the United States, root for the economies of Mexican border cities. If more people stayed there, fewer would come here.

Don't expect the dim bulbs in Congress to figure this out. The only thing members could agree to do last year was approve a fraction of the funding to build 700 miles of fencing along the U.S.-Mexico border.

Border state governors were disgusted. Republican Gov. Rick Perry of Texas called the fence "ridiculous" and provocative toward Mexico. And yet, there are Americans who love the idea of a fence along the border. For them, such a barrier must seem impassable and impenetrable.

Recently, after a speech in San Diego, a woman presented me with her own solution: A high-speed rail connecting Tijuana with Southern California. That way, she said, people could work in the United States during the day and be home in Mexico before sunset.

I love the idea. Not because it's any good but because it illustrates better than 1,000 columns the schizophrenic way in which many Americans complain about illegal immigrants even as we feed our addiction to illegal immigrant labor.

It also shows why Americans will never be able to find the solution -- because we're the problem.

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An Associated Press story in the Dallas Morning News today describes a recent study regarding the skin color of immigrants, and the effect the may have on their earnings. The disturbing conclusion of the study is that lighter-skinned immigrants earn more money, due to the prejudices of U. S. employers. Here are excerpts from the article:

Light-skinned immigrants in the United States make more money on average than those with darker complexions, and the chief reason appears to be discrimination, a researcher says.

Dr. Joni Hersch, a law and economics professor at Vanderbilt University, looked at a government survey of 2,084 legal immigrants to the U.S. from around the world and found that those with the lightest skin earned an average of 8 percent to 15 percent more than similar immigrants with much darker skin.

"On average, being one shade lighter has about the same effect as having an additional year of education," Dr. Hersch said.

Other researchers said the findings are consistent with other studies on color and point to a skin-tone prejudice that goes beyond race.

Dr. Hersch took into consideration other factors that could affect wages, such as English-language proficiency, education, occupation, race or country of origin, and found that skin tone still seemed to make a difference in earnings.

That means that if two similar immigrants from Bangladesh, for example, came to the United States at the same time, with the same occupation and ability to speak English, the lighter-skinned immigrant would make more money on average.

Although many cultures show a bias toward lighter skin, Dr. Hersch said her analysis shows that the skin-color advantage was not due to preferential treatment for light-skinned people in their country of origin. The bias, she said, occurs in the U.S.

Economics professor Dr. Shelley White-Means of the University of Tennessee at Memphis said the study adds to the growing body of evidence that there is a "preference for whiteness" in America that goes beyond race.

Dr. William Darity Jr., an economics professor at the University of North Carolina, said Dr. Hersch's findings are similar to a study he co-authored last year on skin tone and wages among blacks.

"We estimate that dark- or medium-skinned blacks suffered a discriminatory penalty of anywhere from 10 percent to 15 percent relative to whites," he said. "This suggests people cue into appearance and draw inferences about capabilities and skills based on how they look."

Dr. Darity said it is not clear whether the bias is conscious or subconscious.

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The possibility of comprehensive immigration reform has been in the forefront of the news for the last several months. Thousands of people in the United States are currently waiting for developments in immigration law. Even more, who are in the United States illegally, believe the passing of new laws will lead to amnesty or eventual citizenship.

Waiting for a new law to pass, however, may prevent you from obtaining immigration benefits now, and may even lead to possible denials of immigration status in the future. Those who are hoping for "amnesty" may find it more productive to begin their immigration cases now, since there are many ways of obtaining a green card in the U.S., even for those here illegally.

If you are married to a U.S. citizen or have relatives who are citizens, there may be different avenues available to you today that would make you eligible to receive your permanent residency. If you have been a victim of persecution in your home country, you may be eligible for asylum. If you have been in the U.S. for a certain length of time, you may also be eligible for immigration status. These are just a few examples of the groups of people who can begin their immigration cases today so that they may obtain permanent residency.

More important, there are many people who are waiting for immigration reform to pass believing that this will provide them a clear and free path to citizenship. This is simply not the case. In fact, many people who have legal options available to them now, may lose those options should any immigration reform be passed in the future. Furthermore, while it is likely that one day immigration reform may pass, we have no idea what benefits, if any, it would provide.

Rather than wait for an amnesty that may never arrive, take steps today to obtain legal status in the United States. Meanwhile, if any immigration reform is passed before your case is completed, there will be less of a chance that your status will be compromised. Finally, simply waiting and not taking any action is almost never a good idea.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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Last night, President Bush delivered the annual State of the Union Address. One notable portion of the speech specifically mentioned immigration in the United States and possible immigration reform. President Bush stated that:

"Extending hope and opportunity in our country requires an immigration system worthy of America - with laws that are fair and borders that are secure. When laws and borders are routinely violated, this harms the interests of our country... Yet...we cannot fully secure the border unless we take pressure off the border - and that requires a temporary worker program."

The President noted that his Administration is doubling the size of the Border Patrol and funding the use of new technology to prevent illegal immigration.

The President also outlined other immigration related goals such as:

- Creation of a temporary guest worker program is needed so that people no longer have to sneak across the border. The Border Patrol should focus on finding and capturing drug smugglers and terrorists, rather than preventing illegal border crossing.

-Immigration laws must be enforced at the work place and employers must be given the tools to verify the status of workers so there is no excuse left for violating the law.

- The United States has a tradition of welcoming immigrants and this process must continue.

- The status of illegal immigrants already in country must be resolved without animosity and without amnesty.

- Congress must engage in serious, civil and conclusive debate so the President can sign comprehensive immigration reform into law.

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Every year thousands of foreign nationals enter the United States fleeing persecution they are facing in their home countries. For those who meet the legal criteria, the U.S. offers a form of protection -- asylum. Those who are eligible for asylum are allowed to remain in the United States, and eventually are eligible to apply for permanent residency.

An applicant must be a refugee in order to be eligible for asylum. The definition of a refugee requires that the applicant be:

• unable or unwilling to return to or avail himself or herself of the protection of the country of his or her nationality or, if stateless, the country where he or she last habitually resided
• because of persecution or a well-founded fear of persecution
• on account of race, religion, nationality, membership in a particular social group, or political opinion.

Any person who is in the United States may apply for asylum. This holds true even if that person is here without any valid immigration status. There are two ways in which a person may apply for asylum -- by either affirmative filing or applying for asylum during removal proceedings.

Affirmative filing involves a person preparing an application for asylum and submitting this to Immigration Services. Applicants will then be scheduled to be interviewed by an asylum officer. The purpose of this interview is to determine if the applicant meets the definition of a refugee and to ensure that the applicant does not face any bars to asylum. A person will usually not receive a decision at the interview but should receive a decision in a few weeks.

The second way a person can apply for asylum is if they have been placed in removal proceedings in Immigration Court. The applicant will then apply for asylum and the immigration judge will make the final determination as to whether the applicant meets the definition of a refugee.

There are several legal bars that will prevent a person from obtaining asylum in the United States. A person will be denied asylum if that person is found to have ever committed an act of terrorism, been involved in the persecution of others, committed a particularly serious crime in the U.S. or is considered to be a danger to U.S. security. Other bars to asylum include the possibility of safely residing in a third country or the circumstances materially affecting the applicant's eligibility for asylum.

A person who is granted asylum takes on the legal status of Asylee. This allows him or her to reside in the United States as long as the threat of persecution in his or her home country continues. The Asylee can also have his or her spouse and unmarried children under age 21 enter the United States, if not already in the country. Additionally, an Asylee can receive a travel document to travel in an out of the U.S. as well as employment authorization. Finally, a year after an Asylee has been granted asylum, he or she becomes eligible to apply for permanent residency.

For more information on asylum or to determine if you may be eligible for asylum in the United States, please contact us.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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Texas state Senator Dan Patrick, whose other job is as a right-wing radio talk show host, filed a bill yesterday in the Senate that would impose a 10% tax on any money transferred by wire from Texas to a foreign country. The proceeds of this new tax (New taxes from  a Republican?) would be used to improve border security.

The object of course is to penalize immigrants who wire money back home to help support their families. This is made clear by the fact that the bill would exempt any transfers of $5000 or more. Why exempt larger transfers? Because these are normally made by businesses, and we certainly don't want to do anything  that would hurt businesses -- we only hurt consumers in Texas.

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On January 12, 2007, U.S. Citizenship and Immigration Services announced a new program that will allow immigrants in the United States to update their addresses online.

Currently, all non-citizens in the U.S. are required to keep Immigration Services updated as to their most current addresses. Immigration Services must be notified within ten days of any change in address. Previously, this was done either by calling USCIS or completing a change of address card that was mailed to USCIS.

Effective immediately, USCIS will now accept change of address information online. This new service will reduce processing time since Immigration Services typically receives over one million change of address requests each year. Additionally, this new services is convenient and easy to use. Please visit the USCIS Web site for more information.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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The Farmers Branch, Texas city council could repeal its ordinance that prevents landlords from renting to illegal immigrants in a vote scheduled today. Farmers Branch's current ordinance, passed in November, requires apartment managers to obtain proof that tenants are U.S. citizens or in the country legally. Council members also approved resolutions making English the official language of the Farmers Branch, and allowing local authorities to become part of a federal program so they can enforce immigration laws.

Landlords who do not enforce the ordinance face fines of up to $100 per day per violation. Under current practices in Texas, tenants typically provide not much more than a driver's license or other photo identification to prospective landlords.

A resident of Farmers Branch, Guillermo Ramos, filed a suit in state district court against the city. The suit alleges that the city violated open meetings laws by debating the merits of the existing ordinance behind closed doors, then voting on it in an open meeting, but not giving residents a chance to see the wording of the ordinance or comment on it before the council vote.

On January 11, District Court Judge Bruce Priddy issued a temporary restraining order delaying enforcement of the ordinance. Last week, the city council asked the city attorney to draft a new version of the ordinance to put to voters in a May election.

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According to the Dallas Morning News, a Web site that allows people to monitor the border between the United States and Mexico by live video, has resulted in the capture of only ten illegal immigrants. The Web site underwent a month long test to determine if the idea of monitoring illegal immigration through video was feasible.

The site, www.texasborderwatch.com, allows a person to view the Texas/Mexico border from eight different cameras. The Web site also allows viewers to e-mail reports of any suspicious activity. Previously, the images from the cameras were only available to law enforcement and the owners of the land where the cameras were located.

Governor Rick Perry's plan is to put $5 million worth of cameras on the border so people in the U.S. can monitor illegal immigration. The cost of this initial test was $200,000. Critics of the Web site, however, stated that the cameras led to the arrests of only ten of the more than 12,000 undocumented illegal immigrants caught each month.

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Leaders of religious organizations and institutes are often unaware that they have the ability to hire and sponsor foreign nationals to work in the United States. The R-1 religious worker visa is a nonimmigrant visa that allows foreign nationals in religious occupations to enter into the United States and perform the duties of a religious worker.

Persons seeking R-1 status must plan to enter the United States solely to:

• Carry on the vocation of a minister of the religious denomination; or

• Work in a professional capacity in a religious vocation or occupation or organization within the denomination; or

• Work in a religious vocation or occupation for an organization within the denomination, or for a bona fide organization, that is affiliated with the religious denomination. Bona fide religious organizations in the United States must have tax-exempt status as an organization as described in section 501(c)(3) of the Internal Revenue Code of 1986.

The initial admission period for religious workers entering the United States in R-1 status is limited to three years. Extensions of the R-1 status may be granted, but the total period for a person residing in the United States on R-1 status may not exceed a total of five years.

The R-1 visa also allows for a foreign national to engage in studies, travel freely in and out of the U.S., receive payment for services, and apply for permanent residency (green card). Additionally, the spouse and any children under the age of 21 years of an R-1 holder may also live in the U.S. If a religious worker is interested in obtaining permanent residency, his or her spouse and children under the age of 21 are also included in the immigrant visa petition, so that they are eligible to apply for permanent residence once the petition is approved. In addition, family members in the United States are eligible for work authorization while the applications for permanent residence are pending.

The processing time for an R-1 visa petition is normally around three months, but a decision can be reached in 15 days for an additional fee. Once the petition is approved, consular processing normally takes three to four months.

The law firm of Kraft & Associates can help you determine if you are eligible to sponsor a person for a religious worker visa. We will help you file all the necessary petitions and see the process through to conclusion. Should you have any questions regarding religious visas, please do not hesitate to contact us.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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Introduction

For non-citizens, the immigration consequences of a criminal conviction may be far greater than any punishment of jail time, probation or a fine. For those non-citizens who are convicted of crimes, particularly those given state or federal prison sentences, Immigration Services will most likely begin proceedings to deport them from the United States. In many cases deportation will result regardless of the length of time in the United States, family ties in the United States, or even the severity of the crime committed.

Based on a criminal conviction, a client might be subject to deportation, and in some cases be permanently barred from the United States. In other cases, criminal conduct may preclude a finding of good moral character under the Immigration and Nationality Act, which is a requirement for naturalization.

In other situations, the immigration consequences of criminal activity can include delays in obtaining visas to the U.S. and denial of immigration benefits while in the United States.

To complicate matters, the Immigration and Nationality Act has developed its own definition for what constitutes a "conviction." For example, the definition of "conviction" includes a guilty plea or deferred adjudication. This ambiguity in the definition of conviction has led to attorneys erroneously advising their clients to accept deferred adjudication believing that this would not constitute a conviction under immigration law.


Deportation Issues

An alien with a criminal record may be barred from admission to the United States. In general, among others, crimes of moral turpitude, drug offenses, multiple offenses, and engaging in prostitution or procuring prostitutes within the past ten years will be considered as criminal grounds and can make the alien subject to being barred from future legal admission to the United States.

Additionally, most drug offenses under the U.S. immigration laws may result in deportation from the United States, depending on the type of controlled substance involved. This includes violations of any law or regulation relating to a controlled substance, no matter whether the law is federal, state or foreign. These laws cover persons with a past conviction or admission of committing offenses. They may also include any person that a USCIS officer knows, or has reason to believe, is a drug trafficker.


Naturalization Issues

When applying for citizenship, it is necessary to show that the applicant has been a person of "good moral character" for the past five years. If there was any criminal conviction during this period, however, it is possible that the naturalization application will be denied.

Additionally, if a criminal conviction is brought to light while applying for naturalization, a person may be placed in removal proceedings. There is a wide variety of acts (some that do not even need to result in a criminal conviction) that will result in a person's application for naturalization being denied.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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The H-1B visa will allow persons to begin working in the United States on October 1, 2007. Immigration Services will begin accepting H-1B visa petitions beginning April 1, 2007. In anticipation of this event, foreign nationals who are in the United States, or who are wanting to work in the U.S., should begin planning now in order to make sure their visa petition is filed on time.

The H-1B visa is often used as the "next step" after one graduates from a university after completion of an F-1 program. H-1B holders are allowed to remain in the United States for a total of six years. The H-1B visa is reserved for those who will work in a "speciality" occupation. This means that a company requires the services of a professional who holds at least a bachelor's degree or its equivalent. Generally, most H-1B applicants are doctors, engineers, professors, accountants, lawyers, physical therapists, and computer professionals.

If you plan to work in the U.S. on a temporary basis it is important that you and your employer begin the visa petition process as soon as possible. Every year, Congress makes 65,000 H-1B visas available. Last year, Immigration Services announced that May 26, 2006, was the last day that visa petitions would be accepted. Those who did not file before this date would not be able to begin working on an H-1B visa.

Because of the complex issues involved with an H-1B visa, it is not recommended that a foreign national or a sponsoring employer prepare and submit an H-1B petition on their own. Improperly preparing a H-1B petition can result in a foreign national losing their immigration status and becoming removable from the U.S. It may also result in an employer hiring a worker who doesn't have work authorization and thus subjecting itself to possible fines and penalties.

At the law firm of Kraft & Associates, we will work to make sure that your petition is filed correctly and in advance of the cap being reached. Please contact us if you have questions about H-1B visas, and we will give you a free phone consultation.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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An editorial by the staff of the Dallas Morning News today hit just the right tone for a  way out of the current immigration mess. Excerpts:

A prosperous city and state with a promising future. That's what everyone reading this surely wants to build for themselves today and for the generations to come.

Everyone has a role, primarily our lawmakers in Austin and Washington, but also the Editorial Page of The Dallas Morning News. In the coming year we'll use our voice to exhort political leaders in strategic areas that can help form a sound foundation for our society.

We'll identify those areas of focus today and monitor progress through the year. Some of these causes will be familiar to readers, as we have championed them in the past.

Our primary agenda for elected leaders in 2007 is this:

Immigration

Hazelton, Pa. Farmers Branch. The Texas Legislature. The more that local communities and state governments take immigration problems into their hands, the more the situation cries out for Washington to finally provide a lasting answer.

What needs to happen: Comprehensive reform of the nation's immigration law to go along with stiffer border-security measures already under way. Reform needs to include a guest-worker program and a path to citizenship for some illegal immigrants. State and local governments, meanwhile, need to resist the urge to pass laws better handled by the feds.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and <.

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Kraft & Associates' immigration lawyer Dilnaz Saleem will be making a presentation on immigration laws and news Saturday January 13, 2007, from 4:00 p.m. To 5:00 p.m. The event will be at the East Branch of the Irving Public Library, located at 440 South Nursery Road, Irving, Texas. The presentation is open to the public. There is no requirement to register, and admission is free. There will be a question and answer session after the speech.

Please click this link for a map to the library.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

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Columnist Reuben Navarrette, Jr. has written an interesting article for CNN, wondering what action, if any, the Democrats will take on immigration reform, now that they are officially in power in both the House and the Senate. Navarrette says almost 70% of Latinos voted Democratic in the 2006 election, but warns Democrats what might happen if immigration reform is not passed soon. The article concludes:

In the days after the election, there were newspaper articles in which sources in Congress said Democrats might want to put the immigration issue on the back burner and -- certainly in the so-called 100-hour agenda to be kicked off this week -- concentrate on easy victories such as raising the minimum wage, expanding stem cell research, lowering prescription drug prices and tightening congressional ethics rules.

But lately, there's been talk of a bipartisan coalition in Congress that could approve an immigration bill that gives illegal immigrants a path to legal residency and perhaps even defund 700 miles of border fencing approved in the last session.

Sources in Congress are saying that the process will begin in the Senate as early as this month. Sen. Edward Kennedy, D-Massachusetts, and Sen. John McCain, R-Arizona, are expected to introduce legislation. It should pass.

Then all eyes will be on the House, which could take up the issue later in the year. What if House Democrats get cold feet and fail to deliver, and Latinos hold them accountable? Let's just say, they may not want to unpack those boxes just yet. In two years, they may have to find their way back to those smaller offices.

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