Travel abroad during the holiday season has more risks this year because of extreme vetting, stricter scrutiny, travel warnings, policy changes, and unsettled case law dealing with the various Presidential Proclamation travel bans. If you need to apply for a US visa while abroad: The Foreign Affairs Manual (FAM) has been updated in several key sections. Consulates rely upon the FAM for guidance and procedures. Key updates this year include requiring more evidence of ties abroad and intent … [Read more...]
Immigration and Firm News
Just a quick post before I head to San Francisco for the annual American Immigration Lawyers Association conference. S. 744 is on the way to a vote within the next few days, only now with a GOP peacemaking feature to keep the bill moving. It now contains provisions for 40,000 Border Patrol boots on the ground (anyone need a job?) and more fencing (700 miles) to the tune of $46 billion dollars (i.e., the full employment bill for government contractors providing border enforcement technology … [Read more...]
Immigration enforcement legislation creates problems for U.S. citizens as well as for immigrants. Over the last few years, we have seen growth in our American citizen clientele because of new federal and state documentation burdens enacted under the guise of national security or to combat illegal immigration. The most common refrain we hear is: "I grew up in the U.S. I always thought I was an American but never had anything to show for it and I never needed the proof until now." Ironically, we … [Read more...]
It still surprises me 24 years after enactment, how many employers still don't know about their I-9 obligations under the Immigration Reform and Control Act (IRCA) of 1986. Since then, employers are required to complete Form I-9s documenting the work permission status of employees hired after November 6, 1986, including U.S. citizens. Even among employers who know of their I-9 obligations, many still do not fully understand the scope of the I-9 process and record keeping requirements; nor the … [Read more...]
The Ninth Circuit Court of Appeal heard oral argument today in USA v. Arizona, which was broadcast live on C-SPAN. https://www.youtube.com/watch?v=ClSk_OrHSIM The three judge panel consisted of Judge Richard A. Paez, Judge Carlos T. Bea and Judge John T. Noonan, Jr. Representing the State of Arizona and Governor Jan Brewer was John J. Bouma. Representing the U.S. was U.S. Deputy Solicitor General Edwin Kneedler. Arizona Governor Jan Brewer was also present. There were protests and … [Read more...]
An NPR story yesterday, Prison Economies Help Drive Ariz. Immigration Law, highlights the role of the private prison business in the development of Arizona's anti-immigrant bill, SB 1070, portions of which are currently being litigated in the federal court. Oral argument in the case is scheduled for Monday, November 1, 2010 as described in an earlier post, "Arizona Immigration Cases Set for Oral Argument." Immigration practitioners have known for years about the rapid growth of the private … [Read more...]
On November 1, 2010 at 9:00 a.m. the Ninth Circuit Court of Appeals will hear oral arguments in U.S.A. v. State of Arizona, Case No. 10-16645, at the James R. Browning U.S. Courthouse in San Francisco. This controversial case addresses the constitutionality of Arizona Senate Bill 1070, which requires state law enforcement officers to check a person's immigration status under certain circumstances, and authorizes a warrantless arrest where there is probable cause to believe that the person has … [Read more...]
On September 7, 2010, the American Civil Liberties Union (ACLU), the New York Civil Liberties Union (NYCLU), the National Association of Criminal Defense Lawyers (NACDL), the National Press Photographers Association (NPPA), and Pascal Abidor, a dual French-American citizen, sued the U.S. Department of Homeland Security (DHS) challenging as unconstitutional DHS policy that allows border agents to search electronic media without suspicion or warrants. The case is Abidor, et al v. Napolitano, No. … [Read more...]
KnoxNews.com out of Tennessee reports an August 27, 2010 AP news item indicating that 27 of 820 people scooped up by the state wildlife department for fishing without a license, and who also lacked identification, turned out to be immigrants who were turned over to Davidson County Jail. The Jail then turned them over to US Immigration and Customs and Enforcement (ICE) for deportation. Davidson County is one of many jurisdictions across the country that has signed a "287(g)" agreement with ICE. … [Read more...]