Immigration and Firm News

"'Friendly Manitoba' Craves Immigrants'", reports the Seattle Times in a November 13, 2010 article. Our Canadian neighbor appreciates the benefits of immigration so differently than in this country, where anti-immigrant fervor gets louder every day, especially as high unemployment rates remain static. Yet how could the discussion of immigration be so different in our two countries? In the U.S., immigrant rights groups are bracing for the new Congress to step up enforcement-only, anti-immigrant … [Read more...]

In a very important 9th Circuit Court of Appeals decision, Dent v. Holder, No. 09-71987, November 9, 2010, the Court held that Mr. Dent was entitled to his immigration files in order to have a full and fair hearing under the Due Process Clause of the 5th Amendment to the U.S. Constitution. Mr. Dent represented himself in an Immigration Court Proceedings. He was charged with being deportable because of an aggravated felony. However, he alleged that he had been adopted by a U.S. Citizen when he … [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...]

As part of its efforts to be more transparent and engage the public, U.S. Citizenship and Immigration Services (USCIS) held a stakeholders meeting this week about making changes to the Form I-9 or the Employment Eligibility Verification form. Form I-9 is required to be used by all employers to document the work permission status of new hires. This has been the law since 1986. But, what should be a simple to use one-page form, continues to confound employers who are increasingly being warned, … [Read more...]

The Ninth Circuit Court of Appeal heard oral argument today in USA v. Arizona, which was broadcast live on C-SPAN.   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 30, 2010, Rupert Murdoch, Chief Executive of News Corp., which owns Fox News, the Wall Street Journal and many other media outlets, along with New York City Mayor Michael Bloomberg testified before the House Judiciary Committee in support for immigration reform. Both recently founded the Partnership for a New American Economy, an organization of mayors and top business leaders who support expanding the types and numbers of visas for qualified workers in the U.S., as well as … [Read more...]

Today, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-Vt) introduced the Comprehensive Immigration Reform Act of 2010 ("CIRA") (S. 3932), the first Senate proposal on immigration since 2007. The bill would put the millions of people already in the U.S. without status on a path to legal status. Certain targets would be required before those without status who come forward and register could become lawful permanent residents. Targets include things like reducing the backlogs for those … [Read more...]