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    by , 04-29-2011 at 06:37 PM (Greg Siskind on Immigration Law and Policy)

    I guess I didn't really think about the fact that the defender of truth, justice and the American way, isn't actually a native of this country. I was a regular reader of Superman comics growing up, but for some reason it never seemed relevant that Superman was not born in the USA. My friend Randall Caudle reminded me via Facebook today that Superman not only is an alien (from another world, not just another country), but that he came to America without any legal papers and as far as I know, has never made any attempt to establish a legal status. He's posing as Clark Kent and has presumably worked without authorization for decades. The Daily Planet is obviously not using E-Verify to check the status of Superman and if they didn't bother to do an I-9, I'm assuming the newspaper is in danger of being shut down.
    But I digress. Superman is in the news today because he did the unthinkable. In issue 900 he's going to formally renounce his US citizenship (not sure how your renounce what you don't have, but nevermind) and become a world citizen. Maybe he's really acting in solidarity with the millions of his fellow DREAM Act aspirants? I say it's high time to pass that bill and legalize the Man of Steel.


    by , 04-29-2011 at 06:31 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo
    The Fiscal Year 2012 (FY2012) H-1B cap season began on April 1, 2011. Since April 1, a mere 8,000 H-1B cap-subject Petitions have been receipted by USCIS. This is much lower than in recent years and likely reflects the fact that while the US economy has improved in the recent months, it is not nearly as robust as it was in the middle part of the last decade. The USCIS has receipted in about 6,000 Masters Cap H-1B Petitions.
    To put this in perspective, in FY 2011, which began April 1, 2010, the USCIS has receipted about 20,000 H-1Bs through May 1, 2010. In FY 2009, there was about 40,000 H-1Bs receipted in by USCIS through May 1, 2009. For the prior three fiscal years (FY 2006-08), the H-1B cap was reached on the very first day of filing.
    Many healthcare professions ordinarily qualify for H-1B status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and someRegistered Nursing positions.
    For three years the H-1B demand has decreased. This should put paid to the idea that H-1B workers are used to drive down US worker's wages. If H-1B workers were used to drive down wages, H-1B demand would remain consistent in a decreasing economy.
    Read the full Healthcare and Immigration Law Blog at or
  4. Another Photo-Op for Obama on Immigration Reform

    by , 04-28-2011 at 10:20 AM (Matthew Kolken on Deportation And Removal)
    Last week President Obama had a photo-op with a bunch of people that have absolutely nothing to do with immigration reform.  Today he bolstered last week's photo-op with... another photo-op.
    Obama's meeting today was with "prominent hispanics" for the purpose of talking immigration reform.  The invitees included Ugly Betty star America Ferrera, Musician and producer Emilio Estefan, Telemundo anchor Jose Diaz-Balart, Actress Rosario Dawson, Journalist Barbara Bermudo, and Univision host Don Francisco.
    Prominent indeed.
    It appears that this President will shamelessly exploit any available opportunity to have his picture taken with T.V. stars.  I wonder if he got any autographs.
    Less talk more action Mr. President.
    Click here for more of this utterly useless immigration news story.
  5. DHS Protects Women and Girls, but More Can Be Done

    In a recent posting on the Department of Homeland Security blog, January Contreras, the DHS Ombudsman, describes the Department's efforts to help protect women and girls.  Some highlights:
    In 2010, U.S. Citizenship and Immigration Services (USCIS) administered the full statutory allotment of 10,000 visas for victims of domestic crimes who participated in the investigation and prosecution of their perpetrators - for the first time.
    Through U.S. Immigration and Customs Enforcement (ICE)'s Victim Assistance Program, 18 new full-time victim assistance specialists have been deployed to 17 ICE offices, in addition to 250 collateral duty Victim Assistance Coordinators, to provide continued guidance and support for victims of violent crimes.
    The Federal Law Enforcement Training Center has deployed programs that train officers on protecting women and girls, including a web-based human trafficking training course and training on violence against women.
    January Contreras: DHS Ombudsman
    Ms. Contreras concludes, "While we are extremely proud of our accomplishments in the protection of women and girls, we know there is always the opportunity to do more."  "As a Department, we are committed to dedicating even more of our efforts to the security of women and girls in the years to come."
    DHS should be commended for its efforts and accomplishments to protect women and girls.  As Ms. Contreras notes, there is more to be done.  Some suggestions:
    DHS recently expanded the unit that adjudicates VAWA, T and U visas (victims of domestic violence, victims of human trafficking and victims of certain crimes, respectively) to approximately 100 officers.  Previously, officers elected to join the "VAWA unit," but it seems this practice has changed and officers are often rotated through the unit.  The results of this change have been mixed.  On the one hand, processing times have been reduced, which is certainly good news.  But on the other hand, expertise has gone down and the number of RFEs (Requests for Evidence) issued by the unit has increased as new officers learn the new areas of law.  These superfluous RFEs cause delay and reflect the lack of specialization of officers rotated through the unit.  One solution would be to go back to the previous model where the staff of the VAWA unit were permanent, chose to be in the unit, and were well-trained prior to starting in domestic violence and VAWA.  Such officers would be more specialized and would increase the quality of the work product.  
    The Victims Assistance Program is an excellent program that assists victims, including victims of human trafficking many of whom are eligible for T and/or U visas.  However, very few U visas certifications seem to be signed by ICE agents.  DHS needs to do a better job of informing ICE agents about their ability to sign U visa certifications and the process for doing so.  DHS should do more to help ICE agents understand their role in the certification process.
    Also, on the subject of U visas and certification, many local law enforcement officers do not understand the visa and how it was designed to help them investigate crimes.  DHS should do more to inform local law enforcement about U visa certifications and how to assist crime victims with their U visa applications.
    Finally, with the rise of ICE detention in the United States, it is important that DHS put in place a framework to identify victims of domestic violence, sexual assault, human trafficking, and other violent crimes who may be eligible for immigration relief.  A system should exist so that such people can be connected with appropriate resources.  Ideally, this screening would occur prior to the issuance of an ICE detainer
    While DHS's efforts to assist women and girls has been laudable, there are estimated to be about 100,000 children (under age 18) in the sex trade each year in the United States (it is not known how many are immigrants and how many are U.S. citizens).  In addition, there are likely several hundred thousand adults.  All of these people may not be victims of human trafficking, but many are.  Others may be victims of domestic violence, sexual assault, and other violent crimes for which there may be immigration relief available.  Given the large numbers of victims, DHS and Congress should devote more resources to helping those in need.
    Originally posted on the Asylumist:
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