Federal Judge Strikes Down Farmer's Branch Rental Ban

The Associated Press is reporting this afternoon that U.S. District Judge Sam A. Lindsay has declared the Farmer's Branch rental ban (aimed at illegal immigrants) is unconstitutional. Here are excerpts:

In his decision Wednesday, the judge concluded Farmers Branch didn't defer to the federal government in immigration matters. Instead, the city tried to create its own classification to determine which noncitizens could rent in Farmers Branch.

Council members passed the ordinance last year. It would have barred apartment rentals to illegal immigrants and required landlords to verify legal status. The rule made a few exemptions for minors, seniors and some mixed-immigration status families.

Residents endorsed the law 2 to 1 in May during the nation's first public vote on a local government measure meant to combat illegal immigration.


Corruption Hits The Ranks Of The U.S. Border Patrol

A disappointing and disturbing article has been published by the New York Times concerning corruption within the Border Patrol. Fortunately, the vast majority of those serving our country in the Border Patrol are honest, hard-working people. But as the Patrol expands rapidly, there seems to be an alarming increase in the number of "bad apples" in the agency. Here are brief excerpts from the artice:

Mr. Villarreal and a brother, Fidel, also a former Border Patrol agent, are suspected of helping to smuggle an untold number of illegal immigrants from Mexico and Brazil across the border. The brothers quit the Border Patrol two years ago and are believed to have fled to Mexico.

The Villarreal investigation is among scores of corruption cases in recent years that have alarmed officials in the Homeland Security Department just as it is hiring thousands of border agents to stem the flow of illegal immigration.

The pattern has become familiar: Customs officers wave in vehicles filled with illegal immigrants, drugs or other contraband. A Border Patrol agent acts as a scout for smugglers. Trusted officers fall prey to temptation and begin taking bribes.

Increased corruption is linked, in part, to tougher enforcement, driving smugglers to recruit federal employees as accomplices. It has grown so worrisome that job applicants will soon be subject to lie detector tests to ensure that they are not already working for smuggling organizations. In addition, homeland security officials have reconstituted an internal affairs unit at Customs and Border Protection, one of the largest federal law enforcement agencies, overseeing both border agents and customs officers.

While the corruption investigations involve a small fraction of the overall security workforce on the border, the numbers are growing. In the 2007 fiscal year, the Homeland Security Department’s main anticorruption arm, the inspector general’s office, had 79 investigations under way in the four states bordering Mexico, compared with 31 in 2003. Officials at other federal law enforcement agencies investigating border corruption also said their caseloads had risen.

The federal government says it carefully screens applicants, but some internal affairs investigators say they have been unable to keep up with the increased workload.

The Border Patrol alone is expected to grow to more than 20,000 agents by the end of 2009, more than double from 2001, when the agency began to expand in response to concerns about national security. There has also been a large increase in the number of customs officers.


Wall Street Journal Slams E-Verify Program

The Wall Street Journal ran an editorial a few days ago that I'm just getting around to reading. The subject is employment-related illegal immigration, and specifically the government's E-Verify program. The Journal takes the very sensible position that the whole system is pretty much stupid.

The Journal makes the point that the only logical way to reduce legal immigration is to increase the opportunities for legal immigration. Otherwise, as long as there is a labor shortage in the United States, it will continue to be filled by workers coming to the country illegally. Here are excerpts:

Federal immigration officials raided an Iowa meatpacking plant this month in what is being called the largest operation of its kind in U.S. history. Nearly 400 of the plant's 900 employees were arrested on immigration charges. Do you feel safer?

Ever since immigration reform died in Congress last year, the Bush Administration has made a show of stepping up enforcement. But do homeland security officials really have nothing better to do than raid businesses that hire willing workers – especially in states like Iowa, where the jobless rate is 3.5%? These immigrants are obviously responding to a labor shortage for certain jobs. Giving them a legal way to enter the country would free up homeland security money and manpower to focus on real threats.

The Secure America Through Verification and Enforcement Act (SAVE) was introduced by Heath Shuler, a North Carolina Democrat. The bill does nothing to increase legal immigration, which is the only realistic way to decrease illegal immigration. Instead, it throws more money at a mandatory employment verification system (E-Verify) for the nation's six million employers.

This political theater notwithstanding, the SAVE Act deserves to die on the merits. E-Verify is pitched as a check on undocumented workers. But this law would require that every worker in the country run this new verification gauntlet to change jobs.

E-Verify is currently a voluntary pilot program for new workers. About 50,000 employers use it, and studies have revealed problems galore, partly because the Social Security Administration (SSA) database on which it relies contains an error rate of around 4%. With about 55 million new hires in the U.S. annually, a 4% error rate means erroneously flagging some two million people each year. They would then have to visit their local SSA office to prove in person that they have permission to work in their native land.

Keep in mind that the SSA isn't exactly a model of speed and efficiency. By its own admission 50% of calls to branch offices and 25% to the 1-800 number aren't even answered. And what of calls that do get through? It currently takes, on average, more than 500 days to get a decision on a disability appeal. Even if E-Verify were ready for prime time, there's little chance it would reduce illegal immigration. As the CBO analysis concluded, an employment verification mandate is more likely to drive illegal aliens – most of whom now work on the books – into the underground economy, not out of the country.

It's also easy to lose perspective. Restrictionists insist that we're in the middle of an illegal alien "crisis." Yet illegal immigrant workers in the U.S. number about seven million, which is less than 5% of an overall workforce of 145 million people. Is this problem really big enough to justify a centralized federal government file on every U.S. worker?

Texas Group Sues To Stop Construction Of Border Fence

As reported in the Dallas Morning News, a group of Texas cities and business groups has sued the Department of Homeland Security to stop the construction of a fence along the border with Mexico. Here are excerpts:

The Texas Border Coalition, which includes the mayors of Eagle Pass, Brownsville, El Paso, Laredo and Hidalgo, filed the suit in federal court in Washington on Friday, asking a judge to block construction of 70 miles of border fences and walls in the Rio Grande Valley.

The lawsuit seeks class-action certification and accuses Homeland Security Secretary Michael Chertoff and Customs and Border Patrol officials of not telling landowners they had the right to negotiate the price for the federal use of their land, concealing how they decide what constitutes a reasonable price for land seized for the fence and showing favoritism to wealthy or well-connected landowners.

 "What we haven't done is we haven't given everybody a veto," Mr. Chertoff said. "If somebody says they prefer an open border, we don't necessarily give them the right to make that judgment because the consequences of an open border are smuggling of drugs and human beings into this country."

But Chad Foster, the mayor of Eagle Pass and chairman of the coalition, said that Homeland Security, under pressure to build a fence, is ignoring less-intrusive and more practical measures to secure the border with Mexico.
 
Homeland Security spokeswoman Laura Keehner said the department had no intention to back down from its plans.

"We've nearly bent over backward to work with landowners," she said in a written statement. "Accusations to the contrary are either ill-informed or just plain wrong."


June Visa Bulletin

The June Visa Bulletin has been released by the State Department. Here are the details:

Visa Bulletin

Number 119
Volume VIII
Washington, D.C.

VISA BULLETIN FOR JUNE 2008

A.  STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.


Continue Reading...

Errors On I-94 Cards

Have you been issued an I-94 card with 9 or 10 digits? Then a replacement card is needed. An I-94 card should have eleven digits. If you are a foreign national with an error on your I-94 card -- including a misspelled name, incorrect date of birth, incorrect visa classification, incorrect authorized period of stay -- please report in person to the nearest Customs and Border Protection (CBP) deferred inspection office or port of entry, regardless of where the original I-94 was issued. A CBP officer will correct the error on the I-94 card at the deferred inspection or port of entry. 

New Standards Govern International Adoptions In 75 Countries

Attorney Eugenia Ponce has written an important article for Texas Lawyer newspaper regarding the new rules governing international adoptions under the Hague Convention.

ICE Raid At Iowa Meat Packing Plant Today

The Des Moines Register is reporting today that U.S. Immigrations and Customs Enforcement (ICE) has made the largest raid in Iowa history at a meat packing plant in Postville, Iowa. Here are excerpts:

Postville, Ia. – At least 300 people were arrested today at the Agriprocessors, Inc. meat packing plant, federal officials said.

The operation, which targeted people who illegally used other persons Social Security numbers and were in the U.S. illegally, was the largest of its kind in Iowa, said Claude Arnold, a special agent with U.S. Immigration and Customs Enforcement.

Agents with ICE have received information about immigration violations at the plant over the past two years, according to a federal search warrant made public today. Authorities said they will release more details at another press conference tomorrow morning in Cedar Rapids.

Postville, on the border of Allamakee and Clayton counties, is a community of more than 2,500 people that includes natives of German and Norwegian heritage and newcomers who include Hasidic Jews from New York, plus immigrants from Mexico, Russian, Ukraine and many other countries.

The Agriprocessors plant, known as the nation’s largest kosher slaughterhouse, is northeast Iowa’s largest employer.

Proposed Changes For TN Visa Professional Workers

Foreign nationals of Canada and Mexico seeking a temporary entry into the
U.S. as professionals may enter as TN non-immigrants under the North
American Free Trade Agreement (NAFTA). Under the TN visa, Canadian or
Mexican citizens must enter as professionals who have a minimum of a
bachelor's degree or appropriate professional credentials.


Currently, TN visa holders from Canada or Mexico are allowed to stay in the
U.S. for a maximum of one year, with an unlimited amount of extensions of
stay. U.S. Citizenship and Immigration Services (USCIS) recently published
a proposed rule to increase the maximum amount of time a TN professional
worker can stay - from one year to three years. In addition, the proposed
rule will allow TN visa holders seeking an extension of stay in increments
of up to three years.


For more information on TN visas, please call us at 214-999-9999.

Hispanic Population Continues To Increase

As reported in today's Dallas Morning News, the growth of the Latino population in the United States and in Texas is continuing at a rapid pace. Here are excerpts:

The percentage of Hispanics in Texas and the nation grew again last year, continuing a trend that has endured throughout the decade, new statistics show.

Today, the U.S. Census will release population estimates showing that Hispanics in the U.S. numbered 45.5 million in 2007, an increase of 1.4 million during the yearlong period beginning in July 2006. In Texas, the number of Hispanics has grown to make up 36 percent of the state's population, up from 32 percent in 2000.

Among the census' other findings:

• Hispanics made up 15.1 percent of the 301 million U.S. residents in 2007, compared to 12.5 percent eight years ago.

• In terms of births and migration into the United States, Hispanics arrived in numbers three times those of non-Hispanic whites.

• Since the last census, Texas has added 1.9 million Hispanics, or five of every eight new Texans.

Moreover, experts say, the trend won't end soon: The median age of non-Hispanic whites in Texas last year was nearly 40 years old, compared to about 27 for Hispanics. The disparity in most other states was larger.

Also, as immigrants learn English, they'll assimilate in terms of American culture and friends, and marry non-Hispanics, the experts said.