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  1. Public Would Blame GOP 3 to 1 if Immigration Reform Fails

    by , 07-25-2013 at 02:25 PM (Greg Siskind on Immigration Law and Policy)
    From the Wall Street Journal:

    Americans are more likely to fault Republicans than Democrats if the drive to overhaul the nation’s immigration laws crashes in Congress, according a new poll that offers fresh caution for the GOP.

    The Wall Street Journal/NBC News survey asked people who they would most blame if Congress is unable to come to agreement on an immigration bill before its current term ends. It found that 44% of people would blame Republicans in Congress, while 14% would blame Democrats in Congress and 21% would principally blame President Barack Obama.

    The divide was even starker among Hispanics. About half said they would mainly blame congressional Republicans, while just 6% would blame congressional Democrats.

    That may be worrisome for Republicans who hope to do a better job of appealing to the growing bloc of Latino voters.
  2. GOP's Major Donors Lining Up for Immigration Reform

    by , 07-25-2013 at 02:21 PM (Greg Siskind on Immigration Law and Policy)
    Even if it makes electoral sense for GOP members to oppose immigration reform (which is highly doubtful), there's another cost to avoiding making a deal.
  3. Do Strip Club's I-9s "Make it Rain" for ICE?; by Bruce Buchanan, Siskind Susser

    Do you ever think Immigration and Customs Enforcement (ICE) only audits certain industries? Think again. In September 2010, ICE served a Notice of Inspection (NOI) on a strip club in New York. After its investigation, ICE sought penalties of $38,335 based upon 40 violations. The strip club's violations were failing to prepare the I-9 forms within 3 days and failing to ensure proper completion of employees' I-9 forms.

    In U.S. v. Pharaoh's Gentleman's Club, OCAHO determined Pharaoh’s had committed the alleged violations. However, OCAHO determined Pharaoh’s did show lack of good faith, a 5% aggravating factor, even though it backdated 22 Form I-9s because ICE failed to show the circumstances of the backdating.

    Pharaoh’s major argument was it was under extreme financial pressure as a result of a sales tax audit, which cost the company $120,000, and an assessment of $63,000 for failing to pay unemployment insurance when it classified the dancers as independent contractors. OCAHO decided the assessed penalties were too harsh in light of the “setbacks the company is experiencing.” Thus, it reduced the penalties to $400 per violation for the untimely preparation of the I-9 forms and $450 per violation for the remaining 10 violations. OCAHO reduced the penalty to $17,500; thus, causing a lot less “rain” for Pharaoh’s.

    This case shows the importance of timely preparation of I-9 forms as well as the willingness of OCAHO to consider an employer’s extenuating financial circumstances.
  4. Take Mayorkas Investigation With a Grain of Salt

    by , 07-25-2013 at 08:57 AM (Greg Siskind on Immigration Law and Policy)
    As soon as I saw that Chuck Grassley's name linked with this story, I grew suspicious. Former USCIS Director Alejandro Mayorkas, now nominated for the number two position at DHS, is under investigation from DHS' Inspector General regarding the approval of an EB-5 case for a Chinese investor in a project to which Hilary Clinton's brother and Terry McAuliffe, the Democratic candidate for Virginia governor is linked. While I don't have any clients involved with the GreenTech electric automobile plant EB-5 project, it's located in nearby northern Mississippi and to date there have not been any reports of any improprieties. What there have been are numerous questionable EB-5 decisions in regional center cases across the country so if Director Mayorkas got involved in trying to straighten a bad decision out, I wouldn't be surprised. And that's all that seems to be at issue here.

    I can tell you that Director Mayorkas has an outstanding reputation and that no one I know has ever questioned his integrity even regarding decisions he's made over the years that have not been to our liking. I hope this news doesn't scuttle his nomination for his new position. He deserves the appointment.
  5. Prerna Lal on Huffington Post Live talking about Bringing the #DREAM9 Home

    by , 07-25-2013 at 08:20 AM (Matthew Kolken on Deportation And Removal)

    Prerna has also written a blog entitled: Why I Support the Bring them Home Campaign that appeared on the Huffington the Post.
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