Red light means that the person is turned away and refused entry to the US.  When this happens, it is usually foreigners who do not have a green card.  But it has been known to happen with lawful permanent residents.  Green light means that the person is allowed to return to the U.S. and go about their business.

Yellow light means that Customs and Border Patrol officials see something in the computer that gives them pause or troubles them.  Typically, it is a prior criminal matter that was either never resolved or, more accurately, that CBP's computer SAYS was never resolved.  The CBP agent is not sure whether to let the person back into the US so they issue something called deferred inspection. Hence, the yellow light.

Deferred inspection is, as its name implies, a chance for the person to come into the US but to not be formally "admitted."  Their actual inspection is conducted at some later date, typically at the Customs office closest to their home.  The individual's passport, visa and/or green card is confiscated and kept with Customs.  CBP usually requires them to gather paperwork about whatever the issue is and to go back to Customs.  

Yesterday, we went to Lambert Airport to help our client with a deferred inspection.  She had flown through Customs in mid-April and was pulled out of the admission line to meet with Customs officials.  They asked her about an arrest that she had several years ago for a felony charge.  Although she had been completely exonerated by video and the case was never even filed, the Customs' computer said that she had a felony on her record.  They ordered her to return to Customs yesterday and to bring paperwork showing the criminal disposition.

Working with our client over the past two weeks, we obtained certified copies of her arrest and conviction record.  The St. Louis County report clearly noted that the charge had been dismissed.  After we reviewed the documents, we figured she was in good shape and would be paroled into the country.  

The CBP officials at Lambert are actually extremely nice guys.  They always treat my clients and I with the utmost respect and I really enjoy working with them.  They spent about 5 minutes reviewing the paperwork.  They came out of the office with my client's passport and green card and returned them to her.  She was happy and relieved.  So we were happy that worked out.  Next up, we are going to start working on this client's citizenship application and have her naturalize as soon as possible.

What the study claims

The study claims that immigrants granted new legal status under the new Senate bill would eat up more than $9 trillion in health, education, retirement and other benefits over their lifetime. On the flip side, the report's authors claim the taxes the government will earn from these new citizens will only be about $3 trillion, which is only about a third of the cost. Lawmakers countered the study saying it failed to look at broader economic benefits from an immigration overhaul. A more robust, legal workforce would boost the GDP.

"The Heritage Foundation document is a political document; it's not a very serious analysis," said former Mississippi Gov. Haley Barbour, a Republican who's part of a task force with the nonprofit Bipartisan Policy Center that supports the bill. "This study is designed to try to scare conservative Republicans into thinking the cost here is going to be so gigantic that you can't possibly be for it.”

Sen. Jim DeMint, the Heritage Foundation’s new president dismissed the criticism responding, “It's clear a number of people in Washington who might benefit from an amnesty, as well as a number of people in Congress, do not want to consider the costs," DeMint said. "No sensible thinking person could read this study and conclude that over 50 years that it could possibly have a positive economic impact."

Why this study is important for immigration

Because this study is critical of a bill which took months to write and revise, it is no wonder lawmakers are not happy with the think tank’s research. The markup of the bill in the Senate begins on Thursday. It has taken the Republican Party months to get business oriented leaders and anti-tax activists to get on board with immigration overhaul so a study released by the Heritage report will certainly not help the Senate bill win additioinal support. Bill supporters quickly responded with conference calls and talking points criticizing the methodology and the foundation’s agenda. The Heritage authors responded by saying their report does not offer a comprehensive analysis of the new immigration bill, but it focuses specifically on the added costs to the government.

Authors of the original Senate bill are still waiting to get an official estimate of the costs of the bill from the Congressional Budget Office. According to their remarks, the plan will not cost the government money because the bill puts immigrants who have been here illegally to work and does not allow immigrants to use government benefits for a period for 10 years.

If you have questions regarding the new immigration reform, applying for a visa or the changing immigration laws, contact us at 888-782-4169 or visit our contact page.

Previous indictment

Barding was previously indicted for conspiracy to commit marriage fraud in 2007 in order to evade immigration laws. Another count of attempting to “unlawfully procure citizenship or naturalization” has also been added. The original defendants in the case are Oleksnadr Nikolayevich Druzenko, former Jefferson City resident Patricia Anne Ewalt and Darya Chernova. The documents identify Druzenko as a Ukrainian who entered the U.S. back in 2004 on a student visa as he attended college in Missouri and other places. He worked for the state’s Office of Administration and is currently a staff auditor for State Auditor Tom Schweich. Druzenko, whose student visa was set to expire, spoke with Barding who promised to find a U.S. citizen for him to marry to obtain citizenship. Chernova, also a Ukrainian, came to the U.S. on a student visa and attended Lincoln University where she played tennis for the University.

Chernova allegedly had an affair with Barding, a married U.S. citizen, who secured a different U.S. citizen to marry her so that she could remain in the U.S.  Instead of a marriage offer, Chernova was indicted in January after U.S. Attorney Richard Callahan and his staff provided evidence and testimony showing that Barding offered $36,000 to a high school teacher, Timothy Dunville, to marry Chernova. Barding also enlisted Ewalt to marry Druzenko so that the man could remain in the U.S. The two married in 2007. When officials received a tip about the scheme they were able to quickly identify the falsified documents and bring in all those involved.

Current update on the case

Barding has not been charged in the St. Louis case but did appear in court to be indicted for marriage fraud and conspiracy. Druzenko is being charged for making false statements under oath and conspiracy to “knowingly defraud the U.S…” The superseding indictment added Barding as a co-defendant with Druzenko, Ewalt and Chernova. The other three have also been indicted on similar charges for conspiracy to commit marriage fraud in 2007 to evade immigration laws. 

Attorneys who allegedly engage in shady, even criminal, practices should be avoided.  If you need help staying in the U.S. or applying for a proper visa, please contact us at 888-782-4169 or visit our contact page.

In Part Three, we examined the provisions of the Border Security, Economic Opportunity and Immigration Modernization act of 2013 which are dedicated to streamlining the "legal" immigration process.  

Our next focus is on the enhanced reliance on the E-verify program.  E-verify is a somewhat controversial program that allows employers to verify the immigration status of new employees.  Under the proposed legislation, all employers would be required to use E-verify over a five year phase-in time period.  Companies having more than 5,000 employers would be phased in within two years.  Employers with more than 500 employees would be phased in over 3 years.

As part of the enhanced E-verify system, every citizen would have to show their biometric work authorization card or green card.  The alien's photo would be stored in the E-verify system.  The picture on the card presented by the employee would have to be an "exact match" to the photo on the system, otherwise the employee cannot be cleared for work.  

For US citizens with passports, the picture on the employee's passport would have to match the photo on the E-verify system.  Driver's license might be permissible if the citizen's home state shares license photos with E-verify.

The law would also authorize DHS to contract with the various state entities that issue driver's licenses in each state.  Funding is authorized to allow DHS to reimburse the state's for sharing the driver's license photos with E-verify.

Under the proposed legislation, the Secretary of DHS is empowered to create additional security measures to identify those individuals who do not have photos on file.  E-verify would also allow employees to "lock" their Social Security numbers in the E-verify system so that their number could not be used by another individual.  The number could be "unlocked" every time the individual seks new employment and then locked again.  USCIS would be authorized to investigate whether Social Security numbers are being used improperly over and over for different individuals.  On another note, individuals would be allowed to check their own E-verify histories.

Finally, the summary includes a bone to civil libertarians by stating that due process requirements must be in place so that "legal" workers are not prevented from working due to problems with E-verify or because of negligence or misconduct by the employer.

While the rest of the country debates opening up America to increased immigration, the Missouri House approved new legislation that would require employers to use a federal system to check potential employees’ legal resident status.

The system, known as E-verify, provides a way for employers to check the legal status of their potential employee in the hopes of avoiding penalties from the government for hiring undocumented workers. Penalties for employing someone who is not legally authorized to work in the U.S. can include fines up to $10,000 per worker and the employer may face up to six months in jail if they repeat the action.

Forcing employers to pay an annual fee to use this database would put a large burden for many who are small businesses. Despite the large costs of the e-verify database, Missouri has decided to move forward with the program and require checking potential employees. Missouri already requires public and private employers that receive loans, contracts or grants from the state to participate in a federal work authorization program. The bill would extend the requirement to all Missouri employers.

The legislation also increases penalties for businesses that are found guilty of hiring people residing illegally in the U.S. Business could have licenses suspended for up to 30 days on the first offense. The current law requires a 14-day suspension. The House voted on this legislation 104-50 Thursday and plans to send it over to the Senate next.

This "tought talk" on immigration coming from the Missouri house sounds similar to legislation passed by the Legislature during the past few years.  It also marks a departure from the recent talk in the Senate about being more receptive to immigrants.  If you have questions regarding the new immigration reform, applying for a visa or the changing immigration laws, contact us at 888-782-4169 or visit our contact page.

How the immigration bill affects doctors

The bill allows more visas to be allocated for certain categories of students and workers but it specifically steers physicians to a visa process that would include time in underserved areas such as rural America. “The [bill] is not trying to recruit plastic surgeons in Central Park,” said Adolph Falcon, senior vice president for the National Alliance for Hispanic Health. If Congress approves the plan, it may make it harder for immigrant doctors to become permanent U.S. residents, depending on what kind of visa they get and where they end up working.  Critics of the proposal say it may not do that much to address physician shortages especially as the demand goes up as coverage expands under the health law.

2 Kinds of Visas

There are two kinds of visas that foreign doctors can get: An H-1B visa for specialty workers or a J-1 visa, which is an education or cultural visa. The H-1B visa is well-known and widely used in the tech industry. It is a smoother path to permanent U.S. residency. The immigration bill is looking to raise the H-1B caps from 65,000 to 110,000 annually and although not all of these would go to physicians, it would give more opportunities for doctors to obtain these visas. Doctors will be eligible to apply for the visa to stay in the U.S. legally right away and the process would be made more efficient under the bill. However, there is a downside including fees for hospitals which come out to be about $1500 per medical resident with the H-1B visa.

With the J exchange student visa, these doctors would still be required to return to their home country for at least two years after completion of their training. They can later decide if they want to seek permanent U.S. immigration status. If they would rather not go home, under current law, they can stay in the U.S. as long as they agree to work in medically underserved areas for at least three years.

There is a shortage of doctors in nearly 6,000 areas in the U.S., resulting in higher than 3500 people per primary-care physician. The Health Resources and Services Administration says it would take about 7550 more doctors to eliminate the shortages in these areas. The new immigration bill is attempting to address these shortages by offering more visas and eliminating strict caps on how many people can immigrate to the U.S. each year.

If you have questions regarding the new immigration reform and/or how physicians might apply for a visa, contact us at 888-782-4169 or visit our contact page.

In Part Three, we examine the provisions of the Border Security, Economic Opportunity and Immigration Modernization act of 2013 which are dedicated to streamlining the "legal" immigration process.  According to the summary, the bill eliminates the backog for family and employment-based immigrants.  

Changes to Family-Based Visas

The law would eliminate the four family-based preference categories and replace it with two family preference categories.  The changes would apply to unmarried adult children and married adult children who file before age 31, as well as the unmarried adult children of lawful permanent residents.

The bill would repeal the availability of immigrant visas for siblings of U.S. citizens.  The act would expand the definition of "immediate relative" to include children and spouses of lawful permanent residents.  The bill would repeal the Diversity Visa Program.

The DHS would also be allowed to allocate unused employment visas for some family-based, backlogged petitions between 2015 and 2012, and beyond.

Changes to Employment Visas

On the employment side, the bill would exempt the following aliens from the annual numerical caps on employment-based immigrants:

• Derivative beneficiaries of employment-based immigrants;
• Aliens of extraordinary ability in the sciences, arts, education, business or athletics;
• Outstanding professors and researchers;
• Multi-national executives and managers;
• Doctoral degree holders in any field; and,
• Certain physicians.

​Under the current draft, 40 percent of employment-based visas would be allocated to professionals holding advanced degrees or their equivalent and whose services are sought in the sciences, arts, professions or business by an employer in the US - including certain aliens with foreign medical degrees and aliens who have earned a master's degree or higher in science, technology, engineering or mathematics from an accredited U.S. institution of higher education and have an offer of employment in a related field.  The degree has to have been earned in the 5 years immediately prior to the filing of the petition.

The bill would increase the percentage of employment visas for skilled workers and certain professionals to 40 percent.  The bill would also allow for a "startup visa" for foreign entrepreneurs who wish to emigrate to the U.S. to start their own company.

Merit Based Visas

According to the summary of the bill, a new, merit-based visa will be created 5 years after enactment.  This visa would award "points" to individuals based on their education, employment, length of residence in the US and other considerations.  "Those individuals with the most points earn the visas."  There would be 120,000 visas available per year based on merit.  The number would increase by 5% per year if demand exceeded supply and unemployment is under 8.5% (with a cap of 250,000 visas).  

Some of these visas might become available October 1, 2014 for employment based visas that have been pending for 3 years, family-based petitions that were filed prior to enactment and have been pending for five years, long-term alien workers and "other merit based" immigrant workers.  Long-term alien workers are defined as those lawfully present in the US for more than 10 years (and not under the W visa).

Registered Provisional Immigrant Status

Under these provisions of the proposed legislation, individuals "in unlawful status" may apply to adjust to the legal status of Registered Provisional Immigrant ("RPI") Status.  To qualify for RPI status, the individual:

• Resided in the US prior to December 31, 2011 and maintained continuous physical presence since then
• Paid a $500 fine (except for DREAM eligible students) and assessed taxes, on top of the RPI filing fee
• Can have no aggravated felony, no felony, no more than 2 misdemeanors, no offense under foreign law, never voted and not inadmissible for criminal, national security, public health or "morality" grounds

Benefits of RPI Status

Spouses and children of people in RPI status can obtain derivative benefits.  RPIs can work for any employer and travel outside the U.S.  People who were in the US prior to December 31, 2011 and were deported for non-criminal reasons can reapply to come back in RPI status if they are the spouse or parent of a child who is either (a) a US citizen, (b) an LPR, or (c) a childhood arrival eligible for the DREAM act.

The application period will be for 1 year with the possibility of extension by DHS for an additional 1 year.  People with removal orders or those people in removal proceedings will be RPI eligible unless other prohibitions apply.  RPI status will last 6 years and may be renewed for another 6 years, as long as nothing renders the person deportable.  Individuals in RPI status will pay all processing fees and will not be eligible for federal benefits.  Such RPI beneficiaries will not be eligible for certain tax credits, nor will they be eligible for the new health care law.  

Adjusting to LPR status

After 10 years, aliens in RPI status may adjust to LPR status through a new Merit Based System if they (a) maintained continuous physical presence, (b) paid all taxes, (c) worked in the U.S. regularly, (d) demonstrated knowledge of English and Civics; and, paid a $1,000 penalty fee.  In addition, no such adjustments to LPR status can occur until all people currently waiting for family and employmnet green cards as of the date of enactment have had their priority date become current.

Finally, with regards to people in DREAM Act status and the Agricultural Program (discussed in a subsequent post), can get their green cards in 5 years.  DREAM Act students would be eligible for citizenship immediately after they obtain LPR status.

Jim's Take on RPI Status

I will review the actual provisions dealing with RPI status when the legislation is actually introduced.  But on its face, this seems like a significant step in the right direction.  I get the sense that this is a dream list (no pun intended) with the knowledge that some of these provisions will be stricken from the final bill.  For instance, I think the provision about people already deported coming back in RPI status would be a contentious one which will probably be stricken.

But for the most part, a bill like this would help a tremendous number of clients and potential clients who want to get into legal status and become fully engaged in American life.

Border Security Goal

The legislation calls for "persistent surveillance" in High Risk Sectors on the Southern Border (30,000 individuals per year).  The Senators want an "effectiveness rate" of 90% - which is calculated by dividing the total number of apprehensions and turn backs by the total number of illegal entries.

Border Security & Fencing Fund

The DHS Secretary has 180 days to develop a "Comprehensive Southern Border Security Strategy."  The bill appropriates $3 billion to implement the strategy through "surveillance and detection" capabilities developed by the Defense Department; fixed, mobile and agent portable surveillance systems; increased border patrol agents and customs officers on the Southern Border; and, unmanned aerial systems and fixed wing aircraft.  

In addition, DHS must develop a Southern Border Fencing Strategy with $1.5 billion allocated to implement this strategy through increased fencing and technology.

Border Security Triggers

Included in the legislation is a new immigration category - "Registered Provisional Immigrant (RPI)" which apparently is the temporary status in which undocumented aliens would first be placed.  The law would prevent any such undocumented alien to adjust status to RPI unless the Southern Border Security and Fencing Strategies are completed.

Then, except for immigrants who are eligible for the DREAM Act and the Agricultural legalization, no aliens in RPI status will be eligible to adjust to LPR status unless DHS first certifies that the Security and Fencing strategies have been substantially deployed and have become operational.  DHS will also have to certify that a mandatory E-verify system has been implemented and that DHS has adopted an electronic exit system for people leaving the US.

The bill also calls for a Border Commission that would help recommend additional improvements to border security.  The Commissioin will be charged with issuing a "report and recommendation" for how to achieve a 90% border effectiveness in all high risk border secotrs.

Other Border Security Resources

The Senate bill would provide funding for an additional 3,500 customs agents, would authorize National Guard members to work on border patrol and fence construction efforts and would increase funding for crossing prosecutions in the Tuscon sector.  More funding for "Operation Stonegarde" which seeks to prevent illegal activity along the border is included, as is more funding for additional patrol stations and "forward operating bases" to catch people entering the U.S. unlawfully.

Under the bill, DHS officers would have greater access to patrol federal lands.  More funding for radio communications between CBP officers and local law enforcement is included, as is more money for state and local governments and for additional DOD border radar equipment.  Some additional oversight is also apparently included.

Jim's take on the Border Security provisions in the Senate bill

Anyone who follows the immigration issue carefully knows that the US already spends more on border patrol and immigration enforcement than on many other federal law enforcement agencies combined.  While I certainly have no general objection to increased border security, I think it is striking how militaristic the language used in the proposal is.  More drones, more agents, more fences.  I suppose these efforts are necessary but $3.5 billion sounds like a lot of money to me.

I was also struck at how this portion of the bill makes no mention of increasing funding for the immigration courts outside of Tuscon.  The fact is that there is a huge backlog at our nation's immigration courts.  I was at the EOIR in Memphis this morning and received a merits hearing of February 13, 2015.  That's ridiculous.  The immigration court in Kansas City has no funding to hire replacements for federal employees who left that court.  This is no way to run an efficient deportation system. Don't get me wrong - my clients sometimes benefit from these long delays, but if Congress is really serious about streamling the deportation process, it seems to me that they should spend less money on DOD radars and drones and more on prosecutors, court staff and judges.

Tomorrow - Legalization and Legal Immigration

Background of the conspiracy

Under the new immigration reform bill, all immigrants no matter their status, will be able to apply for a driver’s license, but until then, scams run by people like Nelson Bautista-Orozco and Miguel Hernandez-Flores are not unusual. The U.S. Attorney’s office said that two more of the nearly 20 defendants in the case pleaded guilty to taking part in the scheme. Both men who were living in Carthage, Missouri, were sentenced this week and will go to federal prison on terms of three-and-a- half and two years. Prosecutors say that the conspirators made more than $5 million from 2009 to yearly last year by acquiring Missouri licenses. Missouri’s Department of Revenue implemented new license procedures as a result of the case and require office clerks to scan applicants’ personal documents after the charges were brought.

Why scams like these are common

This is not the first case of criminalsacquiring legal documents for undocumented immigrants. For those who are trying to work and support a family without legal status, even the simplest tasks of driving are near impossible without the proper paperwork. Unfortunately, many immigrant families are scammed out of large sums of money.  The scammers will usually ask for an upfront fee, take the money, and run without providing any help at all. They can charge anywhere from a few hundred dollars to thousands of dollars depending on what documents the immigrant is looking for.

If and when the immigration reform bill passes, many of these scammers will be out of business because immigrants will be able to get all the proper documents to live and work legally in the U.S. without having to do it on the black market. If you have questions regarding the new immigration reform, applying for a visa or the changing immigration laws, contact us at 888-782-4169 or visit our contact page.

The debate about farm workers

Farm worker unions have been at odds with the agriculture industry over worker wages and how many visas should be offered in a new program to bring agriculture workers to the U.S. Despite the struggle between the two groups, Feinstein has been able to reach a tentative deal that should smooth the way for the immigration bill to be released later this week. "There's a tentative agreement on a number of things, and we're waiting to see if it can get wrapped up," Feinstein said in a brief interview at the Capitol. I'm very hopeful. The train is leaving the station. We need a bill." With the immigration reform bill being hurried to pass soon, millions of undocumented workers will be on a path to citizenship which will also allow tens of thousands of high and low skilled foreign workers to come to the U.S. on visa programs.

The farmer’s preferences for labor

Senators have been debating the new immigration bill for a substantial amount of time since at least 50 percent of the nation’s two million farm workers are here without proper documents. Farmers need a better way to be able to hire laborers legally without exploiting workers and giving workers protections and a way to earn permanent residence. Because the agriculture industry is so time sensitive, senators plan to offer a speeded-up pathway to citizenship for farm workers who are already in the country and have worked in the industry for at least two years. They also want to create a new visa program to bring foreign agriculture workers to the U.S. Farmers and agriculture workers have mentioned the sticking points have been the wages and visa caps.

The uncertainty of the structure concerns both sides and talks between growers and agriculture reopened. There are new proposed numbers set for wages and the visa caps are set according to the economic needs based on the year. Growers emphasize that nothing is certain yet and they still need to sign off on the proposal. "We are working diligently on the final details on the important details of the wage and cap and are hopeful, but have not agreed to anything," said Kristi Boswell, director of congressional relations for the American Farm Bureau Federation.

If you have questions regarding the new immigration reform, applying for a visa or the changing immigration laws, contact us at 888-782-4169 or visit our contact page.

What Franchise Owners would like to see in the Bill

Franchise owners would like to see a market-driven solution to the immigration system. For most chain restaurants, they require low skilled workers and would like the new bill to ensure “an ample supply of essential, lesser-skilled” workers that would be accessible to the franchise owners. IFA president and CEO Steve Caldeira and Jerry Howard, CEO of the National Association of Home Builders penned a column in the Wall Street Journal advocating for a new guest worker program that allows employers to adjust labor to the economic conditions. Additionally, the president of the Law Vegas-based Capriotti’s Sandwich Shop Inc., Patrick Walls, wrote that “America's economic future depends on franchises such as Capriotti's being able to invest, expand and hire. Comprehensive immigration reform could be the catalyst that drives that growth, as long as it is actually comprehensive and true reform."

Why Franchisee Owners feel guest workers are necessary

 Franchise Industry Leaders are holding discussions about the current workforce limitations and the potential impact of immigration reform that would further limit guest workers. IFA is starting a tour to get local franchisees to hear about the topic throughout the country and call their local representatives to tell them which way they should vote. IFA’s campaign has already met in 20 different offices with members of both the House and the Senate. While Congress recently released a statement saying the “Gang of Eight” has come to a compromise regarding guest workers, not many specific details have been released making many companies that rely mainly on guest or low-skilled workers for their labor nervous. The way the immigration bill is written has the potential of having a huge impact for their businesses.

No indication that Missouri franchisees are assisting in this effort.  I would be interested to hear from local restauranteurs about how this might affect the labor pool in St. Louis.

If you have questions regarding the new immigration reform, applying for a visa or the changing immigration laws, contact us at 888-782-4169 or visit our contact page.

What reports find are consequences of U.S. immigrant programs

A new report from the University of Arizona reports the pointless and inhumane treatment of nonviolent immigration offenders in a number of U.S. enforcement programs. In Operation Streamline, which is a mass trial program for border crossers, charges 40-80 people per hearing for “illegal entry.” The large amount of people per hearing and the limited time to challenge the decision raises concerns about the quality of legal counsel. The ineffectiveness of legal counsel is apparent based on surveys and interviews conducted with recent deportees. Only about 40% were informed they had legal rights, 1% were checked for actual legal status and 2% were asked to report any abuses against them. This report emphasizes that the first offense of unlawful entry carries a maximum six-month sentence, but those convicted will have a criminal record because of the immigration offense that may exclude them rom legal residence or entry. When asked about what the deportees understood from their sentence, 71% mentioned that they were unaware that they would face jail time if they returned to the U.S.

Unintended consequences of Operation Streamline

Operation Streamline has been used heavily within the past few years because of the increase in deportations. Because the offense of entering the country unlawfully carries a heavier sentence than the previously administrative offense, criminal prosecutions for illegal entry have increase from 3900 cases to 43700 cases in 10 years. Yet despite the harsh consequences, many people continue to try to return to the U.S. because that is where their homes are. About 60 % of respondents said they planned to recross the border in the near future as most had children under the age of 18 who were American citizens.

Border security has clearly not achieved the goal for which the program was initially stared. Punishing nonviolent offenders without due process creates chaos in the judicial system and allows for more individuals to be unfairly treated in the court of law.

If you have questions regarding the new immigration reform, applying for a visa or the changing immigration laws, contact us at 888-782-4169 or visit our contact page.

Who is else is getting involved

The St. Louis County Economic Council, the St. Louis Development Corp. and the St. Louis Regional Center are collaborating efforts with other economic agencies to help propel the immigration push forward. With Cohen working with the county’s Economic Council and the World Trade Center-St. Louis Office, she will have the help of full time staff persons managing the effort to boost immigration. Another committee of local advocates, representatives of the International Institute and Jack Strauss, a Saint Louis University economics professor who authored a 202-page study on the benefits of immigration will also be giving their time.

Strauss’ study found that successful metropolitan areas had increasing immigration whereas St. Louis was lacking due to their low immigrant population. Compared to other cities in the U.S., we have been experiencing negative effects on economic and income growth. Strauss also wrote that other metropolitan areas had four to five times the number of foreign-born residents and have averaged 40 percent faster economic growth over the past decade.

Missouri taking action to achieve better economic growth

After these findings came out, a 20 member committee was formed to come up with recommendations for increasing immigration. Cohen is now in charge of the initiative and will work as St. Louis’s representative for immigrants. "Betsy is great at bringing people together to work toward a common goal, which makes her an outstanding choice to move the agenda of St. Louis' Immigration & Innovation Initiative forward," said the International Institute's Anna Crosslin, who is on the steering committee, in a statement. "I am personally and professionally delighted she is joining our team." St. Louis may finally beginning to follow the Congressional trend towards including immigrants in our societies and allowing everyone to see the benefits of their contributions to our economy.

If you have questions regarding the new immigration reform, applying for a visa or the changing immigration laws, contact us at 888-782-4169 or visit our contact page.

The Children-Speakers

The protest was organized by the Illinois coalition for Immigrant and Refugee Rights which asked 10 children to step up to the microphone and give a speech. Many of the children and families involved at the protest are undocumented or have family members who are undocumented. 9-year-old Christian Rodriguez was one of these children who stepped up and gave a speech to offer the President and policymakers clarity. "If I could sit down with President Obama, I'd ask if he could pass comprehensive immigration reform like in 1986, so my parents could stay with me," he said. "Kids are the future of us," he added. "So we need to support them." Christian then proceeded to reread his speech in Spanish directed towards the older population present. 

More children than we may realize live with a heavy burden of fear of the government separating them from their families. Like Christian, another child, Michele Rodriguez, voiced her concern of being separated from her family if her parents were to be deported. She also has an autistic sister, so it is crucial that their family stay together. "This [march] isn't just for me, but for all of us," she said. Children are experiencing the reform from a different standpoint. It does not involve politics or worries of reelection and incumbency concerns, but kids who have lived their entire lives in the U.S. fear that their parents will be taken away from them by a government that does not care. 

The group’s organizers goals

Erendira Rendon is an organizer of the kid-friendly rally and commented that if Washington is not affected by the children’s stories then reality eventually will. "These kids will be turning 18, and they'll all vote for their parents," she said. "I think kids feel the pain and they want to express it," she said. "We're all waiting for a bill while momentum is strong." This rally was another way to express the importance to congress of what is included in the immigration plan and how soon it is enforced. The President says he wants the bill signed into law as soon as possible, but until Congress compromises, these children will have to continue living with the fear of their families being separated. 

If you have questions regarding the new push for comprehensive immigration reform, applying for a visa or the changing immigration laws, contact us at 888-782-4169 or visit our contact page.

Why CBP is in trouble

“Border Patrol agents routinely exceed their statutory mandate by conducting enforcement activities outside border regions, making racially motivated arrests, employing derogatory and coercive interrogation tactics, and imprisoning arrestees under inhumane conditions. The cases include claims for unlawful search and seizure, false imprisonment, intentional infliction of emotional distress, assault, and battery.” One reported case told of CBP agents at the Texas-Mexico border detaining a lady and keeping her in a freezing cell with inadequate food, toiletries and bathing facilities. Although she only spoke Spanish, the agents made her sign documents she did not understand which resulted in an expedited removal.

In another case in Ohio, CBP agents subjected a 63-year-old woman with no criminal history to hours of interrogation. Once she was transferred to an immigration detention facility, she suffered an acute stroke. As a result of the trauma, she suffers from chronic pain, numbness and partial paralysis on her left side. Several more victims have come forward and shared their experiences with CBP, but many others will not have the opportunity to tell what happened to them.

Trina Realmunto, a staff attorney with the National Immigration Project of the National Lawyers Guild noted, “While these cases shed light on CBP misconduct, there are hundreds more such incidents that go unreported.” These cases exemplify the culture within the CBP community. Melissa Crow, director of American Immigration Council’s Legal Action Center says, “The agency must take immediate steps to promote more effective oversight and accountability within its ranks.”

What the Future may hold for CBP

These reports worry many because they come at a time when Congress is attempting to "enhance" border security and increase numbers of Border Patrol Agents. States that do not have an open door policy for immigrants may be subjecting immigrants to even more abuses. Matt Adams, legal director for the Northwest Immigrant Rights Project says, “While both the bipartisan Senate framework and the President’s proposal acknowledge concerns about racial profiling and other abuses, specific guidelines and limits must be implemented with any immigration reform.”

If you have questions regarding the changing immigration laws or if you have been abused by Customs & Border Patrol, contact us at 888-782-4169 or visit our contact page.

Missouri’s laws that may be unconstitutional

There is strong opposition to the immigration laws lawmakers are proposing in Missouri. According to MIRA, the HB 275 law which would require every employer in Missouri to be part of the E-verify program.  This may be unconstitutional. Not only is E-verify counterproductive, but it is costly for employers. It costs “the average Missouri employer $73 per-employee and the average small business employer an estimated $147 per-employee.” Furthermore, the coalition argues that E-verify is not always accurate. For example, women who are in the process of changing their names due to marriage or divorce are affected, as well as documented, work-authorized foreign born individuals.  "Often people just won't hire immigrants, documented or otherwise," Crawford said, "just to avoid the confusion and cost that E-verify would cause." This could also prevent discrimination against immigrants and even end up risky for employers. Employers who unknowingly hire an undocumented immigrant may end up serving jail time for their mistake.

These bills create an element of mistrust for immigrants

Two other controversial bills would invalidate laws and contracts made in other countries; these include marriage, divorce, child custody matters, and other religious or foreign law matters. According to Crawford, these bills are "unnecessary and harmful, and create an environment of fear and mistrust." With over 230,000 immigrants living in Missouri, these immigrants pay over $652 million in taxes. Laws that encourage and welcome immigrants are good for the economy, job growth, and creation of small businesses. MIRA is working on pro-immigrant proposals to raise awareness of the positive contributions immigrants make to Missouri and the U.S. There is much optimism that a bipartisan immigration law will pass with a pathway to citizenship for these immigrants, and pro-immigrant rights coalitions have an important role in making it happen.

If you have questions regarding the changing immigration laws in Missouri and the U.S., contact us at 888-782-4169 or visit our contact page.

Who would be in the Back of the Line?

Undocumented immigrants will automatically be placed at the back of the line for citizenship because the government wants to reward those who have already applied for citizenship and been waiting for their paperwork to be processed. The down side of this is that “the back of the line never moves” for some immigrants. An example of this is a Pakistani family who have been trying to sponsor a 12-year-old relative for many years. Under the current system, by the time she is granted the right to come to the U.S. she will probably be in her fifties.  A new question arises over who should be placed in the back of the line, and how long will they have to stay there?

How politics might impact immigration reform

Arizona senators John McCain and Jeff Flake are returning back to the drawing boards for the immigration reform. McCain faced a huge backlash from his constituents and Congress while trying to compromise to avoid a plan that a significant number legislators do not want to be implemented. A constituent was recently filmed yelling, “‘you said ‘build the dang fence’ – where’s the fence?” Senator Marco Rubio of Florida released a statement referring to the President’s immigration plan calling out “major differences” from border security goals to tying a pathway to citizenship for undocumented immigrants.  Legislators are having difficulty agreeing what should be included in the immigration proposal so who will be given priority to gain citizenship will most likely not be another uniting factor for the bipartisan Congress.

Time will tell.

If you have questions regarding applying for a visa or the changing immigration laws, contact us at 888-782-4169 or visit our contact page.

As the program continues to move forward, states have addressed several issues that have arisen. Once a DACA recipient receives a work permit, they are then eligible for Social Security cards. In many states, as long as they meet the requirements, they should be eligible for a driver’s license, but that is not always the case. The Department of Homeland security is doing all they can to clarify that DACA recipients are “lawfully present” but not every state is cooperating.   Many are refusing to issue driver's license to DACA aleiens.  Arizona is determined to change the rules so they may deny DACA recipients driver’s licenses. The National Immigration Law Center tracks such cases and has filed a lawsuit in Arizona challenging the state rules, but cases such as these take time.

Another issue is the access to health care and insurance for individuals granted deferred action. The Obama administration announced that these young immigrants are not eligible for provisions of the Affordable Care Act. Prior to August 30, 2012, DACA-eligible recipients would have been given the same access to health care and insurance as other individuals granted deferred action. 

Within the next six months, the program will experience several more challenges including a slow down within the system. The beginning cases were straightforward, but more people who may not meet the requirements are submitting forms to see if they can qualify. Applicants are still encouraged to show discretion and only apply if they meet the strict requirements and ask for help when they need it. With talks of a new immigration system that would offer legal permanent residence or even citizenship, many are reconsidering applying for the DACA program as the cost for applying and trust of handing over all of one’s personal information are at stake. Both will likely affect the number of applicants within the next few months.

The government is closely following the DACA recipients and the challenges they face as these areas will show a lot about what challenges will occur with a more permanent legalization program that Congress is considering now. If you have questions regarding applying for a visa or immigration laws, contact us at 888-782-4169 or visit our contact page.

State by state issue

For the most part, immigration support changes from state to state. Agricultural workers in North Carolina and fishermen in Alaska will be leaning towards legislation that addresses priorities of their own states.  Some politicians lament the focus on immigrants and call for more support for US workers.  As North Carolina Sen. Mary Landrieu mentioned “There’s a lot of bipartisan support for giving access to the work force to people from China and India with Ph.D.s. I’d like to see a little bit more focus on helping some of our own kids get Ph.D.’s.” North Carolina has two main industries, technology and agriculture, that are important for their economy and will be heavily affected depending on which bill passes. Ms. Landrieu will vote for whichever proposal will benefit the domestic-skilled workers. With many universities and high-tech companies located in North Carolina, green-card proposal and temporary-worker programs could make a big difference to their industries. Similar situations are occurring nationwide as legislators are conflicted with voting the way constituents want and voting the way they would like. 

Current events may make reelection tough

An immigration overhaul is only one of the tougher votes that the Senate Democrats will have to face.  President Obama may soon be proposing outlines regarding gun control, climate change and increasing the minimum wage. “He did lay out a lot of large agenda items,” said Mr. Pryor. “I don’t agree with everything he said, but I look forward to working with everybody here and trying to find common ground.” He didn’t elaborate on the proposals he disagreed with.  

Members of Congress are going to do what’s best for their constituents because that leads to greater job security. Immigration opponents say allowing undocumented workers to stay in the U.S. will hurt low-wage workers who were here first legally. While a Senator’s true goal is probably re-election over everything else, we hope that politicians can put aside those goals for the greater good.

If you have questions regarding immigration reform and how it might affect immigrants in Missouri, contact us at 888-782-4169 or visit our contact page.