Undocumented Immigrants and Workers in the U.S.

Home>Undocumented Immigrants and Workers in the U.S.
14 11, 2019

DACA Argued Before The U.S. Supreme Court

By |2019-11-14T10:52:48-06:00November 14th, 2019|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., immigration reform, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published November 14, 2019 In 2012, President Obama issued an executive order allowing undocumented foreign nationals who arrived in the U.S. under the age of 16 to be shielded from deportation and issued an employment authorization document.  Eligibility for coverage under the Executive Order – Deferred Action for Childhood Arrivals (DACA) depended on a number of factors, including whether the applicant had a serious criminal background and was physically present in the U.S. for the requisite period. DACA has been a huge success, allowing some 700,000 undocumented young immigrants to come out of the shadows, attend universities, assume jobs and otherwise [...]

15 10, 2019

Immigration Judges Union Alleges Unfair Labor Practices

By |2019-10-15T20:52:15-06:00October 15th, 2019|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published October 15, 2019 In all, there are more than 400 immigration judges in the U.S., and they are employed by the U.S. Department of Justice’s Executive Office of Immigration Review (DOJ/EOIR) to preside over removal proceedings and essentially decide who gets to remain in the U.S and who must depart.  Of course, there are laws that govern the decision-making process, and the judges making these decision are charged with applying a long list of statutes, regulations and case-law fairly and efficiently.  But as is no secret, the strain on this government function these days is at unprecedented levels, with the [...]

22 09, 2019

Deferred Action Comes to an End

By |2019-10-15T20:38:54-06:00September 22nd, 2019|Categories: Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published September 22, 2019 In an abrupt, yet not surprising policy decision, the U.S. Department of Homeland Security announced it is putting a halt to a Deferred Action program that has been a part of the immigration law and prosecutorial discretion landscape for more than 4 decades.  The political reasons for this announcement are obvious, but there exists no real practical reason for the program’s termination since it’s been employed so sparingly during its life. What is Deferred Action?   It is a formal statement by the Executive Branch of our government via U.S. Citizenship and Immigration Services that it will not [...]

31 08, 2019

The New, Sharper Teeth of Existing Public Charge Provisions

By |2019-08-31T17:20:42-06:00August 31st, 2019|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Published August 31, 2019 Concerns about new immigrants becoming a “public charge” and dependent on U.S. government resources, have pretty much always been a part of our immigration related legal landscape.  Form I-864 Affidavit of Support – a document required for the final stages of nearly all family based immigration filings - is the most well known representation of this concern.  Typically U.S. based petitioning family members are required to personally guarantee that their incoming immigrant family member will not become dependent on government aid.  Notwithstanding the extent to which immigrants becoming burdens on U.S. society is an actual problem, the [...]

25 07, 2019

Expedited Deportation for Undocumented Recent Arrivals

By |2019-07-25T12:13:18-06:00July 25th, 2019|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 24, 2019 The number of foreign nationals living in the U.S. in violation of our immigration laws is estimated to be in the area of 12 million. Whether they overstayed their visa status or entered without any visa or inspection at all, these are the individuals our society deems “undocumented”, or in some circles, “illegal aliens”.  No matter the label, the vast majority of these individuals have a right to a hearing before a judge where a variety of defenses can be considered, including cancellation of removal (for longtime undocumented residents with qualifying U.S. family) and asylum. Among the [...]

11 07, 2019

DACA’s Future Hangs in the Balance At the U.S. Supreme Court

By |2019-07-11T16:35:26-06:00July 11th, 2019|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Green Cards, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published July 11, 2019 In recent weeks, the U.S. Supreme Court announced that it has accepted several consolidated DACA related cases for consideration and in October will hear arguments about DACA’s future. Obama Giveth, Trump Seeks to Taketh Away: To review, the Deferred Action for Childhood Arrivals (DACA) program was instituted in 2012 by way of then President Obama’s Executive Order.  Through the DACA program, individuals who arrived in the U.S. while under the age of 16, completed high school here (or equivalent), are without any serious criminal convictions and met other requirements, became eligible to obtain a version of legal [...]

29 06, 2019

Deporting Millions, Deporting 2,000 – Same Thing

By |2019-06-29T13:40:59-06:00June 29th, 2019|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published June 29, 2019 On June 17, 2019, President Donald Trump tweeted one of the scarier official presidential communications I have heard in my lifetime: “Next week ICE will begin the process of removing the millions of illegal aliens who have illicitly found their way into the United States. They will be removed as fast as they come in. Mexico, using their strong immigration laws, is doing a very good job of stopping people.......” Once I read this, I was trying to figure out exactly what that meant.   I know there are approximately 12 million foreign nationals residing in the U.S. [...]

20 06, 2019

As Expected – Expanded Supply of H-2B Temporary Workers Visas Is Quickly Exhausted

By |2019-06-20T17:59:29-06:00June 20th, 2019|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., immigration reform, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published June 20, 2019   Ask anyone who works as a manager in the manufacturing or service industries and they will tell you that it is next to impossible to find U.S. workers to fill positions, both skilled and unskilled, and even at a competitive wage.   This speaks volumes about many societal issues, including that our economy appears to be robust, and there is a shortage of workers ready, willing and able to fill positions at companies.  The latest barometer of this state of affairs is that the expanded supply of an additional 30,000 just released visas for H-2B Temporary Foreign [...]

30 05, 2019

Social Security Administration Issues More Than 500,000 “No Match” Letters To Employers

By |2019-05-30T21:11:36-06:00May 30th, 2019|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., immigration reform, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

[vc_row][vc_column][vc_column_text]Published May 30, 2019   When a company lists an employee on their payroll, pays payroll taxes and issues them a Form W-2, the federal government is officially notified of that individual's status as a U.S. worker.    For an estimated 8 million workers though, this process is an avenue through which the federal government is UNofficially notified of the employment of undocumented workers.  That is because many of these workers are either providing fake names, fake social security numbers or another person’s identification – all necessary means for the employer to offer them a job and for the worker to take [...]

19 05, 2019

Making U.S. Immigration Great Again

By |2019-05-19T13:47:49-06:00May 19th, 2019|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, immigration reform, 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.|

[vc_row][vc_column][vc_column_text]Published May 19, 2019   I started practicing immigration law in the decade that followed the Reagan era’s 1986 Immigration Reform and Control Act, the last large scale immigration amnesty in the U.S. Through this legislation, roughly 3 million undocumented, but otherwise law abiding, individuals were able to come out of the shadows and officially start their lives as U.S. lawful permanent residents. Eventually, the vast majority eventually went on to become U.S. citizens. Existing statutory avenues toward U.S. residence have allowed for approximately 1 million new permanent residents to the U.S. per year. In addition to these avenues to legal [...]