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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Why Is H-1B A Dirty Word?
By Eleanor Pelta, AILA First Vice President H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the typ
What Happens When USCIS Breaks The Law?
Perhaps it has been too long since USCIS has truly been held accountable for its actions that it has become desensitized to the legal constraints under which it is permitted to operate. The USCIS is not given carte blanche to make whatever changes or interpretations it wants to long-standing immigra
New York State Attorney General Andrew Cuomo Steps up to the Plate on Combating the Unauthorized Practice of Law
By Deborah Notkin, AILA Past President Attorney General Andrew Cuomo has been combating the unauthorized practice of law for the last year and a half and has shut down many small outfits preying on immigrant communities. But on January 14, 2010, he took down the big fish by obtaining a restraining o
If You’re Not Outraged By ICE Detention Policies, You’re Not Paying Attention
Buried in the local news section of the New York Times on Wednesday was yet another disturbing report about the treatment of immigrant detainees by US Immigration and Customs Enforcement. http://bit.ly/5df4fp. Detainees at the Varick Street Detention Center in Lower Manhattan reportedly went on a hu
I Was Wrong About The Gutierrez Bill—It’s Worse Than I Thought
By Deborah Notkin, AILA Past President In an analysis of the Gutierrez bill that gave the employment provisions for future flows of lesser skilled workers more credit than they deserve, I mistakenly assumed that hopeful workers from abroad would be linked up with the internet based program in Sectio
Rep. Steve King–A Modern Scrooge (Unreformed)
Sometimes, there are no words to describe someone's insensitivity. You just have to let them express it themselves. So, I give you the words of Reprsentative Steve King (R. Iowa), explaiing why TPS for Haitians is not necessary: Illegal immigrants from Haiti have no reason to fear deportation, but i
DHS Prepares Detention Center For Haitian Refugees
While the US government is valiantly leading the effort to bring disaster relief to the people of Haiti, back in the U.S. the Department of Homeland Security is quietly preparing for the possibility of an influx of unwelcome Haitian refugees by creating space at South Florida's main detention center
Martin Luther King’s Birthday
This week marks the 81st birthday of the Rev. Dr. Martin Luther King, Jr. His heroic struggle for civil rights, a battle for which he paid with his life, is an inspiration to all Americans. While there has been progress since the 60s, there remains much work to be done. Last week, USCIS Director Ale
Secretary Napolitano’s Statement Announcing TPS for Haitians
Press Office U.S. Department of Homeland Security January 15, 2010 Contact: DHS Press Office, (202) 282-8010 STATEMENT FROM HOMELAND SECURITY SECRETARY JANET NAPOLITANO “As part of the Department's ongoing efforts to assist Haiti following Tuesday's devastating earthquake, I am announcing the design
TPS for Hatians–Thank You Secretary Napolitano
This afternoon, the Department of Homeland Security announced that TPS would be available for Haitians, in the aftermath of this week's earthquake and the devastating storms that hit Haiti in the last 13 months. Thank You. It was the right thing to do, at the right time.
Haiti–Natural Disaster, Human Tragedy. Its Time For TPS
Haiti, the poorest nation in our hemisphere, and the one of poorest nations in the world, was hit by yet another natural disaster-a 7.0 earthquake. This after a Haiti has endured four major storms in 2008, from which it has yet to recover. Tropical Storm Fay and hurricanes Gustav, Hanna and Ike - po
Unaccountable Foxes Still Standing Guard Over The Same Inhumane Henhouse
by Lory Rosenberg, AILA Board of Governors member The emerging evidence of DHS's disregard and cover-up of immigrant deaths in detention is unconscionable and belongs on page one of everyone's human rights agenda. Yes, these deaths occurred 2+ years ago, but there has been no meaningful action taken
Secret Horror Stories: ICE Officials Hid The Truth About Immigrant Deaths In Detention
All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously sufferin
Immigration Reform–Maybe It Is About the Money
Today the Immigration Policy Center of the American Immigration Council, along with the Center for American Progress issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew-It would be an economic disaster to deport 12 million people. The
The Gutierrez Bill: A Good Legalization And Family Unity Bill–But Unnecessarily Anti-Business
By Deborah Notkin, AILA Past President Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and ge
Regulating Tax Preparers–A Clarion Call For USCIS
Any immigration lawyer who handles immigration court cases, particularly those involving claims for cancellation of removal, knows the problems caused by badly, and at times fraudulently, prepared tax returns. Most immigrants want to “pay“ their taxes. They go to the local notario who instruct
TSA’s New Travel Regulations: Will They Really Make A Difference?
Yesterday the U.S. Transportation and Security Administration issued new regulations that passengers from 14 countries would receive a “full body pat-down and physical inspection of property“ before they can board a plane headed to the U.S. http://bit.ly/64r5cQ. The countries include Cuba, Ira
Robert Downey, Jr. and U.S. Immigration
In an interview on David Letterman, actor Robert Downey, Jr., talked about a problem he had last year in Japan, when upon entering he was detained and questioned about his past criminal record. Downey said: I probably should have seen there was a sign that said ‘No Felons Allowed' in English and Jap
Flat Fee–Earned or Unearned? That is now the question.
Immigration Lawyers for years have been regarded as pioneers in the area of flat fees. Virtually every case we take as attorneys is done on a “flat fee“ basis. For some the flat fee was a refuge from the hourly billing nightmare many of us fled from at big firms. For others the flat fee [̷
ICE Announces It Will No Longer Detain Asylum Seekers—Or Will It?
There was some good news Wednesday for asylum seekers. ICE assistant secretary John Morton announced that the government would no longer detain them if they can prove their identities, are not dangerous or a flight risk, and have a credible fear of persecution or torture in their home countries. htt
Congressman Luis Gutierrez–Courageous Hero
It cannot be said about many congressman or senators, but Congressman Luis Gutierrez is a courageous hero. I say this not because the legislation he proposed today in the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 is perfect. It is not. there are issues that I
From Department of State, With Love–The Visa Numbers
Last month I blogged about my convoluted math-trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was just issued, with this explanation: D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CA
Who Let Pat Buchanan Out of His Padded Cell?
Just when you thought it was safe to go outside in the immigration field, someone decided to release Pat Buchanan from the custody of the anti-immigration movement, and actually published one of his anti-immigration screeds in what many consider a legitimate newspaper. In the San Jose Mercury News,
Lou Dobbs For President? OMG!
Really? Read it here and here. I thought the Know-Nothing party disbanded in the 1860s? Think about it. “President Dobbs.“ Has a certain ring to it, doesn't it? Like President Fillmore. Just rolls off the tongue. The sad truth is, however that there are possibly as many as 900,000 people who w
Come, Study, Learn, and Leave: Why Our Immigration Policy Fails To Attract And Keep The Best and the Brightest
By Robert Cohen, AILA member I noted with interest the recent ICE Press Release proclaiming that we have a record number of foreign students, 670,000, now studying in the United States. http://bit.ly/5EDJCN. My immediate thought was the contrast between this number and the cap on H-1B visas each yea