Undocumented Immigrants and Workers in the U.S.

16 12, 2009

CIR ASAP

By |2009-12-16T01:02:26-06:00December 16th, 2009|Categories: Amnesty for Immigrants in the U.S., Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

CIR ASAP Published: December 16, 2009 For about the tenth time in the past decade, I am writing about a new legislative initiative presented to allow for the legalization of the vast majority of those present in the U.S. in violation of our immigration laws. This time, the initiative is called Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (“CIR ASAP”). The measure was introduced before the U.S. House of Representatives on December 15, 2009 by Congressman Luis Gutierrez (D-IL), a lawmaker who has shown himself to be a leader in the comprehensive immigration reform movement. Gutierrez, like […]

13 05, 2009

U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers

By |2009-05-13T16:11:25-05:00May 13th, 2009|Categories: Amnesty for Immigrants in the U.S., DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers Published: May 13, 2009 Last week the U.S. Supreme Court issued a unanimous decision rejecting the criminal prosecution of certain undocumented workers, under a federal identity theft statute, because of their use of fictitious social security or permanent resident cards. In a 9-0 decision, with several of the justices writing separate concurring opinions, the Supreme Court ruled that the federal identity theft provision at issue requires the offender to know that the identification document they were using actually belonged to another individual, as opposed to merely knowing the identification was […]

30 04, 2009

Department of Homeland Security Refocusing Goals in Workplace Enforcement

By |2009-04-30T10:40:38-05:00April 30th, 2009|Categories: DHS / Immigration and Customs Enforcement (ICE), U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Department of Homeland Security Refocusing Goals in Workplace Enforcement Published: April 30, 2009 Today, the U.S. Department of Homeland Security (DHS) announced a new vision when it comes to the implementation of worksite enforcement policies and the goals it seeks to achieve. The DHS arm charged with carrying out worksite enforcement, Immigration and Customs Enforcement (ICE), has in recent years carried out worksite raids not only to hold employers responsible for illegal employment of undocumented workers, but also to arrest the undocumented workers employed onsite. Under the new guidelines, DHS will put a premium on the investigation and criminal prosecution of […]

30 03, 2009

Will Durbin’s DREAM (Act) Ever Come True?

By |2009-03-30T07:43:45-05:00March 30th, 2009|Categories: Amnesty for Immigrants in the U.S., Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Will Durbin’s DREAM (Act) Ever Come True? Published: March 30, 2009 There are a multitude of perspectives in the debate about how our country should fix the problem of having 10 to 20 million undocumented individuals residing here. Days ago, Senator Dick Durbin (D) of Illinois once again has introduced legislation before the U.S. Senate to establish a “path to citizenship” for millions of undocumented foreign nationals who arrived in the U.S. as children. The bi-partisan team joining Durbin in presenting this proposal, known as the Development, Relief and Education for Alien Minors Act (DREAM), includes Senator Richard Lugar (R) of […]

20 01, 2009

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime?

By |2009-01-20T11:40:37-06:00January 20th, 2009|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime? Published: January 20, 2009 So, you have made the decision that being in the U.S. without legal status is better than being in your home country with all the legal status in the world. And you continue to hope that President Obama can advance his goal of comprehensive immigration reform and that your particular circumstances will be covered by some prospective legislation. While we await such legislation, are there measures the overstay / undocumented foreign national can take to “legalize” their status and obtain U.S. lawful […]

5 11, 2008

Barack Obama and the Future of Our Immigration Laws

By |2008-11-05T13:46:56-06:00November 5th, 2008|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Barack Obama and the Future of Our Immigration Laws Published: November 5, 2008 Today’s article is not a political one, especially because I am just as tired as you are of hearing about how wonderful or terrible an Obama presidency will be. The campaign is finally over, the hoopla is hopefully dying down, and whether you think President Elect Barack Obama is the real deal or just a fantasy – or maybe something in between, at some point in the near future the immigration issue will be up for discussion. On many people’s minds is whether comprehensive immigration reform – including […]

1 08, 2008

The Scheduled Departure Program

By |2008-08-01T10:33:05-05:00August 1st, 2008|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

The Scheduled Departure Program Published August 1, 2008 U.S. Immigration and Customs Enforcement (ICE) put a puzzling offer on the table last week to immigrants with final orders of removal, deportation or exclusion who never actually departed the U.S.  ICE refers to this group of people as “fugitive aliens”.  The offer is this: Help us deport you.  Hmm. The program is named “Scheduled Departure” and is offered only to fugitive aliens with no criminal history.  ICE advertises the program as a “compassionately conceived enforcement initiative” because although participants would be deported from the U.S., it would be in a manner in […]

19 06, 2008

New Immigration and Customs Enforcement (ICE) Center Opens to Train Local Law Enforcement

By |2008-06-19T12:56:21-05:00June 19th, 2008|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Undocumented Immigrants and Workers in the U.S.|

New Immigration and Customs Enforcement (ICE) Center Opens to Train Local Law Enforcement Published June 19, 2008 Section 287(g) of the Immigration and Nationality Act allows State Law Enforcement agencies (such as a county sheriff’s office or a state highway patrol) to enter into an agreement with the U.S. attorney general which enables them to “perform a function of an immigration officer in relation to the investigation, apprehension or detention of aliens in the United States.” The 287(g) program is intended to target illegal immigrants involved in drug dealing, gangs and other criminal activities and in support of this program, ICE […]

10 05, 2008

Beware of the False Claim to U.S. Citizenship Trap

By |2008-05-10T12:45:59-05:00May 10th, 2008|Categories: Citizenship / Naturalization and the N-400 Application, Green Cards, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Undocumented Immigrants and Workers in the U.S.|

Beware of the False Claim to U.S. Citizenship Trap Published May 10, 2008 Whether you are in the United States with no status (undocumented or visa overstay), temporary status or even permanent resident status it is important to take note of the “false claim to U.S. citizenship ” trap, a dangerous trap that is presenting itself to unsuspecting foreign nationals and immigration applicants with increasing frequency as of late. Since the last time I wrote on this topic, the landscape has become a little more daunting. Inquiries made by Immigration officials into whether or not an applicant for permanent residence, or […]

13 03, 2008

Proof of Immigration Status Cannot be Required When Applying for A Marriage License

By |2008-03-13T14:00:36-05:00March 13th, 2008|Categories: Family-Based Immigration Law, Undocumented Immigrants and Workers in the U.S.|

Proof of Immigration Status Cannot be Required When Applying for A Marriage License March 13, 2008 Although it does not appear to be a problem anywhere in the State of Illinois, marriage license applicants in Luzerne County, Pennsylvania have run up against a local requirement that they submit proof of their immigration status in order to be issued a marriage license. Pursuant to a recent federal court order settling a lawsuit filed against the county last year, the county will stop the practice, publicize the change and pay $10,000.00 damages to the couple that brought the lawsuit. The lawsuit was originally […]

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