Blog: Think Immigration
We believe that immigration law is an integral part of America’s past, present and future. We also know that immigration law is complicated. Here you’ll find experts writing in an accessible way about immigration issues, from big, broad ideas down to specific cases. Our members bring knowledge they’ve gleaned from the daily practice of immigration law to this space and offer their expertise to readers.
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Ohio S.B. 238: Political Grandstanding at the Expense of Public Policy
Today the Ohio Senate Insurance, Commerce, and Labor Committee held a final hearing on S.B. 238, a bill that prohibits undocumented foreign nationals from receiving workers compensation benefits. The proposal is the brain child of Senator Bill Seitz (R-Cincinnati) and squarely aimed at Ohio's most
My Mom Has No Papers
Yesterday in Maryland a second grader asked First Lady Michelle Obama whether the President was going to “take away“ people who didn't have “papers“. Apparently, the child's mother had expressed some fear in the privacy of their home. Michelle Obama, who is also the nation's “First Mom&#
Governor Brewer, Read Your Own Law!
“You aren't going to be asked for ID unless you first commit a crime,“ said Arizona Governor Brewer in defense of Arizona's new immigration law. Really? Arizona SB1070, as amended by HB2162, applies the “papers please“ requirement to any “lawful STOP, detention or arrest.“ People c
Behind the Sound Bites on Arizona’s Immigration Law
One of the problems with debates on serious issues being played out in the media is that all sides, by necessity, make their arguments with shorthand and sound bites. The same is true, in spades, of the public discussion on Arizona's SB1070 immigration law. Much of the debate centers around the law'
Why the Major Leagues Should Boycott AZ
They'll take you out of the ball game They'll pick you out of the crowd. They'll hand you a warrant, your bags they will pack They'll make sure you never get back ‘Cause they root, root root For their “home“ team. If you're not white it's a shame. Don't say uno, dos, or tres strikes […]
The Arizona Law, Immigration Reform and Real Leadership
Much has been written and said about the new Arizona Law pertaining to immigrants (it pertains to everyone actually, and certainly is not limited to undocumented immigrants). From Eugene Robinson and Richard Cohen at the Washington Post, to John Stewart on The Daily Show, and even Tom Tancredo, ever
Shame On You Governor Brewer—Boycott Arizona Now
Congratulations Governor Brewer, your signature on SB 1070, an anti-immigrant bill which effectively makes all Latinos the target of arrest or interrogation, has now enshrined your legacy with the likes of Governor Evan Mechem, who will be forever remembered for his cancellation of the state's Marti
Arizona Governor Jan Brewer’s Choice
All eyes are on Governor Jan Brewer today. On her desk is SB 1070, an anti-immigrant bill which would effectively make all Latinos the target of arrest or interrogation, whether or not they are U.S. citizens, lawful immigrants, or undocumented foreign nationals. Indeed, such a hate-motivated bill ma
Perception is Reality
One of my favorite movie lines is from “The Princess Bride.“ Vizzini, the mastermind behind the kidnapping of Princess Buttercup, upon seeing the Man in Black pursuing them keeps repeating the word “inconceivable.“ Finally, Inigo Montoya, one of of Vizzini's then assistants says: “You ke
Razing Arizona
You've heard of hate speech. Now the Arizona legislature has given the nation “hate legislation“ which reads more like a law passed in Nuremberg, Germany in 1935 than in Phoenix in 2010. If implemented S.B. 1070 would transform Arizona into an oppressive police state for foreign nationals and
Immigration, By The Numbers
Yesterday the USCIS released its FY 2009 immigrant visa numbers. More than a million people legally immigrated to the United States in FY 2009. Almost 60% of those folks did so through the adjustment of status process, meaning they were already in the U.S. when their place in line was reached. While
The Audacity to Hope
By The AILA Media Advocacy Committee Several weeks ago on Sunday, March 21, hundreds of thousands of people demonstrated in Washington D.C. to advocate for a change in our immigration laws. And then, on Saturday, March 27, thousands more demonstrated in Los Angeles in solidarity with the Washington
SCOTUS Affirms That Immigrants are People Too!
The Supreme Court yesterday issued what can only be considered a seminal decision as it applies to the constitutional rights of all immigrants. In Padilla v. Kentucky, 555 U. S. ___ (2010), the court expressed, at least in summary, its dismay at the increasing difficulties caused by today's immigrat
Immigration Detention Gone Rogue
Just when you thought it couldn't get much worse. Now we are told that ICE agents grab mentally ill immigrants right from mental hospitals, ship them off to a Texas detention center without word to family or counsel, and deport them. Could ICE's behavior be any more horrific? The latest ICE outrage
Immigration Enforcement By The Numbers
I'm going to stop using the word “shocked“ to describe my reaction to ICE's dirty secrets. Frankly, it is tough to be surprised by the antics of an agency which administers a draconian a detention system in which 107 immigrant detainees have perished since 2003. But I must admit I am taken aba
Deporting “Them” All–A Costly, Ineffective Solution
The Center for American Progress released a report detailing the actual cost of the only solution proposed by anti-immigration restrictionists-Mass Deportation. In “The Costs of Mass Deportation,“Marshal Fitz, Gebe Martinez and Madura Wijewardena have put together a realistic appraisal of the
Is Immigration Reform Next?
“We pushed back on the undue influence of special interests,“ President Obama said. “We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things.“ The President was talking about the historic healthcare overhaul that
Time for Obama and Congress To Get To Work on Immigration Reform
Last week's news that Senators Schumer and Graham met with President Obama about immigration reform would have been a whole lot better if they had all committed themselves to actually rolling up their sleeves and getting to the hard work of introducing a bill, rather than just talking about one. Tru
Ethics Rules, The Economy, and the Practice of Law
The New Jersey Supreme Court just sanctioned an Immigration Lawyerfor sharing fees with a paralegal. This is a good lesson to be reminded of, particularly in these difficult economic times. As attorneys we are bound by higher standards than regular business people in the context of business developm
The Immigration Malaise–Is the Mojo Gone?
Are we back in the 70's? As a child of the 70's myself, I have not so fond memories of the economy and the politics of that era. I am experiencing a sort of deja vu right now as I consider the possibility of immigration reform happening during this Congress. Now, don't get me wrong. […]
New York Attorney General Cuomo Gets Restitution For The Victims Of UPL
By Deborah Notkin, AILA Past President Attorney General Andrew Cuomo has successfully carried out a crusade against the fraud and deception of “immigration consultants“ who take advantage of unknowing and vulnerable immigrants. At a recent media conference, Cuomo indicated that his office is s
One for Good Guys–USCIS, Please Follow the Law Next Time
Bernie Wolfsdorf, our President during this tumultuous year is my Immigration Hero today. Last year, the 9th Circuit Court of Appeals issued a decision that would have terrible repercussions down the road for anyone applying for an Extraordinary Ability Petition (“EB-1“) at the California Serv
EPI’s Latest “Study” of H-1B and L Usage: The Danger of Unsupported Assumptions
By Eleanor Pelta, AILA First Vice President The latest salvo in the war against H-1B workers and their employers (and this time, they've thrown L-1's in just for fun,) is the Economic Policy Institute's briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B
PERM: There Has To Be A Better Way
By Eleanor Pelta, AILA First Vice President Our labor certification system requires a U.S. employer to undertake an individualized test of the local labor market for availability of qualified U.S. workers for a particular position before offering the position to a foreign national candidate. This co
An Update–The Line? What Line? The More Tragic Truth Emerges About Legal Immigration.
In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays, I stated that: This delay in legal, employment based immigration is a crisis for Ame