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Letters of the Week: Jun 25 - Jun 29

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  1. Nolan's Avatar
    I share your concerns about implementing the new relief program, but I don't think there is an acceptable solution. I don't think additional funding or other necessary resources are available to implement the program. So funding and resources will have to be taken from other benefit programs, particularly if there is a rush to get the program moving in time to get a political benefit in the upcoming elections.
    Is this what was intended when people pressed the president to provide the relief congress hasn't provided?
  2. Don Crocetti's Avatar
    Editor, Immigration Law Daily,0622.shtm#Comment

    I found your COMMENT in today's Immigration Law Daily, entitled Implementing Deferred Action, very unfortunate, yet predictable. The next thing you'll be complaining about is that it is taking USCIS weeks or months to process the majority of the deferred action requests and applications for employment; an unanticipated and unfunded workload estimated between 800k and 1.4m. You'll also likely complain about the impact this workload is having on the processing of other applications and petitions, many of which were filed earlier hundreds of thousands of law abiding people. You'll also likely expect employment authorization documents (EADs) to be issued immediately, perhaps even before identities are checked, biometrics are collected, and background checks conducted. You probably care less about fraud, threats to national security and public safety, and integrity of this Country's legal immigration system, than you do about getting your clients an EAD. And, you probably don't see anything wrong with that. How disappointing!
  3. lcdg's Avatar
    Where Dreamers get Deffered action, and deserve every empathy there is , I was wondering what happens to those who entered the country legally, followed all the rules then were "abandonned " by their employers, or their US spouses, taken advantage of for many years, abused, bullied or threatened,
    about those who initiated complaints and showed proofs to authorities who need to readjust their status, is there going to be more comprehensive action on behalf those who followed the rules by the book? those who are waiting in line for an outcome???
    Anything positive for those???

  4. Kalpna's Avatar
    Thank you,
    for your wonderful ideas for Dreamers. I enjoyed reading. I hope they do something early as it can be delayed. So many children are waiting to get their licenses, and work permits, these are very capable children and want to work hard. Some of these came LEGALLY but due to parents' work visa renewal forms still being processed for many many years are still in a limbo and i wonder how they will look at such cases! For kids who are not totally undocumented but are also not in status.

    Any idea?

  5. Margot Champagne's Avatar
    CIS is not the only government agency that sits on public submissions for
    shameless periods of time without granting benefits authorized by law.

    HHS (then HEW) was charged with writing implementing regu-
    lations for Title IX when it was passed in 1972,
    but failed to do so for years. And refused to adjudicate
    complaints until they had regulations! Finally, members of the public
    had to sue the Secretary to get them to issue at least preliminary

    The solution to this is obvious and takes into account the normal
    human behavior of the bureaucrat who gets paid whether or not the
    job gets done: Pick a select group of senior CIS bureaucrats and
    deposit half their salaries into an escrow account pending issuance of
    the first 1,000 dreamer EAD's.

    I guarantee the program will get going within 15 days...and will teach
    dozens of government workers what it means to meet a deadline
    like they demand private counsel do.
  6. Joe Whalen's Avatar
    I am somewhat disappointed (not surprised mind you) that so many immigration lawyers are incorrectly referring to the deferred action policy decision from the DHS Secretary as an "EXECUTIVE ORDER". It is not an EXECUTIVE ORDER. Granted, the President made an "announcement" and is using it to improve chances of re-election, but that does not make it an EXECUTIVE ORDER. I am somewhat dismayed that ILW has not included a disclaimer on this point when publishing articles containing such a glaring error (or did I miss such a disclaimer?).
  7. Joe Whalen's Avatar
    Deferred Action, (c)(14), I-765s are listed as eligible for e-filing under the "current" website information. Will this be allowed for the new group? Is the system set up to require payment for the biometrics fee? Will USCIS add a standard RFE if and when criminal records checks turn up a record? Will USCIS have a system in place quickly to allow for a proactive submission of such docuemts? Time will tell.
  8. R. Yang's Avatar
    I'd love to see 20 Republican Senators who wrote a letter to our President also want to kick out their fellow Republican Senator from Florida (Sen. Marco Rubio) who was a "dreamer", "undocumented immigrant with illegal immigrant parents" who have benefited the immigration AMNESTY in the past named as Cuban Adjustment Act. Why these honorable senators didn't ask about the merit of CAA itself ? Why Cubans should be treated as special, while others must go to the court of laws to fight their political asylum cases ? Where is the principle that everyone should be equal before the laws ? The US taxpayers can't afford to buy 20 millions person one way plane tickets plus all the red tapes costs to deport them, have these honorable Senators think about this ? If ones should be punished severely for breaking immigration and labor laws we must start from these Senators and their families and rich buddies whether or not they hire authorized workers for their businesses. If they hire undocumented nannies then send the bosses to the jail and fine them severely as well. Leave those nannies alone.

    To end the problem of "illegal" immigration worldwide is EASY AND SIMPLE, make it LEGAL !

    Non criminals, healthy able bodied, self supporting persons should be free to roam the planet Earth and to sell and buy anything they posses legally to any willing parties without the stupid and selfish interference from any government institutions or other individuals who think they have very rights to discriminate others and to outlaw open competition, but getting angry when they become the victims of unjust and protectionists laws and policies of others.

    None should call themselves as freedom loving tea partiers if they support "Show me your papers Nazi Gestapo style" government. It's disgusting and a shame for our country and for a civilized humanity.
  9. Alex Ivanov's Avatar
    I read your article about Sen. Grassley's and Sen. Schumer agreement on the controversial bill HR 3012. The article expresses a high degree of certainty on the outcome of the negotiations and passage of the bill.
    Would you please comment on the sources of your information?
    Thank you!

  10. Jim Norman's Avatar
    if you go back to at least 5 to 8 years ,you will see that many people ,like Edvard Kennedy , senators, congressmen's , presidents, lawyers, etc told in the t.v. radio, medias to this poor immigrants that stay and wait here to be fix this broken law , to not separate and destroy the families . you can see in the (archives). Ok, after so many years they do a crazy things , this is not a heathy governments way . Remember that was a big propaganda in 10 years ago from lawyers, and political lobbyists to attract this people to come to US , in the name of that (you have only to end of april 01 to apply hurry,) or the heat of green card lottery,etc. are you playing withe the poor peoples life or what?
  11. Joe Whalen's Avatar
    I take exception to the views expressed in "The H4 Visas' Curse". To the contrary, the H4 visa holder has the upper edge on their foreign based counterparts in seeking their own employment-based immigrant or non-immigrant visa.

    H4s are in the U.S. and can more easily apply for jobs with U.S. employers who would otherwise have to seek a foreign worker from abroad at greater expense and through a longer process.

    The person in H4 status may further their education in the U.S. if necessary and then apply for a position through a change of status via USCIS domestically without having to go through Consular Processing.

    IF an H4 visaholder is educated, skilled, experience (i.e., qualified) they might pursue their own H1-B or other nonimmigrant or immigrant visa just like anybody else (but with certain advantages).

    Remember that an H4 visa is for a "dependent family member of" an employed H-1B professional in a specialty occupation. The "principal" H1-B SHOULD be making a decent salary or should not have gotten the H1-B in the first place.

    What's the point in that article? How about Congress simply repeal the H4 visa instead? That way, those poor bored folks would not have to suffer through life in the U.S. at all.
  12. Joe Whalen's Avatar
    Unless you frequently check for new OCAHO I-9 fine cases, you might have missed this one: It explains a few salient points that all employers and their counsel should be aware of.
  13. Nolan Rappaport's Avatar
    The proposal for moving enforcement/security personnel to USCIS to process the deferred action applications illustrates one of the basic obstacles to comprehensive immigration reform, i.e., the tendency to ignore the possibility that the other side has legitimate concerns. It may make sense from the perspective of the Dems to pull people from enforcement and national security duty to beef up USCIS personnel resources, but how do you expect the Republicans to view that approach? And the problem isn't just to process an extra million (or more) benefit applications. We also need to do what we can to prevent people who aren't supposed to have the benefits from getting them. The Republicans might want assurance of such things as that adequate measures will be taken to minimize fraudulent documents and to prevent an increase in illegal border crossings by people who want to take advantage of the program.

    I had to view these issues as an advocate when I was the immigration counsel for the Dems on the Immigration Subcommittee, but I don't have to be an advocate now. I can be objective now. The approaches that have been taken to achieve immigration reform have not worked, and there is no reason to think that this will change. Maybe it is time to think about an approach that would give serious attention to finding compromises that both sides can live with.
  14. Tony Weigel's Avatar
    "Thank you ILW for publishing a broad variety of articles on your website. Some are strong reminders that the practice of law can be stressful, especially the field of immigration law. In some instances, it can be difficult for a lawyer to realize that he or she has developed a problem that deludes one's judgment, such as bullying (see: Therefore, it is important that members of the immigration bar look out for one another and try and help these people identify their problems. Hopefully these individuals will seek the help that they need."
  15. Rossi LeClaire 's Avatar
    And who is going to train all these TSA workers or the reservist, you have no idea what it takes to adjudicate all these petitions,We need a group of very well train people. They have to review the evidence of one million students and make sure the evidence is not fake.
    My suggestion is to keep the forms to a minimum just like the ones they use for TPS, Temporary Protective Status. I would suggest an I-765, G-325, biographic (for the five years) and any other form similar to I-821 or I485 for information on entry and also if the person has ever been in trouble with the law by answering the questions similar to the I-485 or the I-821 or even the N-400.
    FYI SB 1070 is one of the most racist law, not only because of what is doing to undocumented human beings but just the name of the law.
    LETS SEE: DO YOU KNOW THAT IT TAKES $1070 to get you LPR status, (1070) and normally what SB stands for . two bad words.
    Someone has created this law out of hatred for the immigrants not out of necessity. thank you.
  16. David H. Nachman's Avatar
    Dear Editor:

    I do not usually disagree with ILW observations (generally) but let's infuse a little common sense into the approach with regard to the processing of the deferred action applications . . .

    Clearly, the Federal Government continues to use the immigration process as a method for obtaining fees (funds) and developing jobs in the United States for U.S. workers.

    To this end, why not have OMB do an analysis and figure out how many applications can be processed in an hour by a new employee?

    Then, according to the appropriate projected processing time, develop a filing fee (like same is done for other CIS applications) and use those funds to develop jobs for new additional workers to process these deferred action applications.

    Rather then to take workers from the CBP or the TSA (or from any other agency), it seems that this approach would be the most common sense under the circumstances
  17. karen osborne 's Avatar
    Dear Editor,
    As you know, Florida Governor Rick Scott is proceeding with plans to purge the voter roll of non-citizens. The process "swept up" a senior army veteran and eligible citizens. Will anyone ever grasp the concept that USCIS' database is inaccurate, the process of updating adjudicated cases from permanent residency to naturalization is flawed and the DMVs have faulty information in its own database? Numerous government reports have outlined Immigration's bureaucratic deficiencies; does USCIS have a plan to ensure its information is correct and that correct information is released and maintained in other systems? I know much of this. USCIS states I never received a naturalization document, this after working as a journalist and registering to vote in 1992 directly with Democratic Party officials in New York!
    From frustrated Immigration ID theft victim.
  18. Kay Leslie Ackman 's Avatar
    My Deferral Suggestion:

    Deferred Applicants (age 30 and under) should be able to go on-line, enter their names, addresses, dates of entry, country of origin, birth-dates and should receive an on-line, printable, document which states the following:

    This is a U.S. Government-issued Identification Card

    The holder (Name, address, DOB) is an applicant for deferral and is currently not deportable.

    The holder, by virtue of this document, is eligible to use this Government-Issued Card as an Identifying document in application for a State drivers' license and/or in application for enrollment in State schools. (Deferral applicants with a valid (foreign) passport - or school photo-ID - should be able to obtain driver's licenses in states that require Government-issued ID's to supplement other ID's).

    This Government-issued ID is valid for 12 months, or until the Applicant receives a subsequent notice of deferral or denial of deferral.

    This system would permit the Deferral Applicants immediate assistance and would permit the Government to take in-depth investigation and action at any pace it chooses. It also serves the Government purpose to identify persons who are in the U.S. without proper documentation. Deferral Applicants should then also apply for Social Security numbers. This will give legitimacy to the Applicants.

    Of course, Arizona police should be able to check on-line to determine whether or not the ID has been subsequently invalidated by the U.S. Government.
  19. MICHAEL KOHLER, ESQ.'s Avatar
    With all due respect to the author of the Comment of June 28, 2012 proposing to deputize 3,000 CBP, TSA or Coast Guard employees to help process the anticipated influx of deferred action applications, that has to be one of the stupidest ideas I have heard. Through such a proposal, you are asserting that USCIS can take any person off the street and have them adequately and professionally perform the job of trained immigration officers. Of course, the DHS Secretary can only deputize DHS employees so the obvious conclusion is take a bag-checker from TSA and an Import Specialist from CBP and ask them to make a determination regarding an applicant's eligibility for an immigration benefit??? There is often times enough clamoring that the trained USCIS officers are under-trained and don't properly apply the law, and you are suggesting just throwing thousands of untrained (in immigration law) DHS employees into the mix? Would a day-long, or week-long course on immigration law be sufficient training? I think not. And, if that were sufficient, there is a cost to that training in dollars, time, trainers and more supervisors for these new "immigration officers."

    While I certainly welcome whole-heartedly the deferred action announcement, I feel it is unwise to pressure the government to implement this program in a hurried, ad hoc basis. Do we not remember Citizenship USA in the mid 1990's and the firestorm that program created? And the backlash to the government - and then additional costs to fix all of the mistakes - as a result of that overly ambitious attempt to expeditiously process naturalization applications? Do we need to give anti-immigrant voices more ammunition to blast this administration for this move?

    I propose we allow the government to implement this program in a careful, well-thought out manner ensuring each application is adjudicated in a fair and efficient manner. Like I tell my kids about their homework: do it once, do it right...and then you're done.

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