The newest approach to dealing with illegal immigration uses more detailed, targeted approaches to identify migrants who continually attempt to cross into the states. Our readers in the Staten Island area may even know some of them. By identifying repeat offenders and figuring out why they keep attempting to cross, authorities can then figure out what kind of a threat they are from a national security standpoint.
The new approach also includes harsher penalties. No longer is the border patrol just turning people around and sending them home. More serious consequences are being imposed on crossers depending on where they fall into seven categories. They call it a "Consequence Delivery System" and label migrants as first-time offenders all the way up to criminals. According to the 32-page document that took two years to develop, the border patrol may still give children and those who are very ill a free pass by sending them back to Mexico at the closest crossing without being fingerprinted.
]]> Punishments vary from state to state, but the new strategy does not include expanding physical barriers like fences. It also includes making the identification of corrupt border patrol agents a top priority.As a result of the last major border patrol strategy, the nation spent $1 billion on a network of radars, ground sensors and cameras along the border. Resources were focused on Texas and California borders, thus forcing migrants into the deserts and mountains of Arizona.
Source: usnews.msnbc.msn.com, "Border Patrol unveils first new strategy 8 years, cracks down on Mexico's revolving door," Elliot Spagat, May 8, 2012
]]>Originally allowed in to the country legally with a six-month visa in 2005, the woman extended her stay because her daughter was born in the U.S. She stayed to be with her daughter's father. She was arrested last year and scheduled for deportation. Her mother died in Ecuador just a few months ago, but she didn't dare leave the country to go to the funeral because she was afraid she wouldn't be let back in.
After three requests and appeals to U.S. Immigration and Customs Enforcement officials, she will now be allowed to stay as part of a nationwide effort to clear deportation lists of aliens who do not pose a threat to public safety.
]]> There are approximately 300,000 ICE deportation cases that the Obama administration promised to review. The backlogged system will start to refocus on deportations of criminals, not otherwise law-abiding people. Immigration courts across the country are suspending cases of immigrants who are not in detention. Immigration offices are temporarily shutting down until they process the backlog or hundreds of thousands of deportation cases at the request of the President.ICE hopes to close cases using what they call prosecutorial discretion whereby they offer leniency to undocumented immigrants who have served in the military, arrived in the country as children, are college students or have relatives who are citizens.
Source: latino.foxnews.com, "New York Deportation Case Shifts Focus to Obama's New Policy," May 7, 2012
]]>For the last two years, while awaiting the final appellate court's decision, the Nigerian U.S. permanent resident since married his girlfriend, found employment with an information technology corporation and was accepted as a fellow in a Ph.D. program. There are four categories for granting permanent residence to foreign nationals based upon employment including professionals with advanced degrees, outstanding professors and researchers, skilled or professional workers, and religious workers.
]]> Admitted to the U.S. in 1988, the man pleaded guilty to embezzlement for processing fraudulent checks while working at a bank two years later. He was sentenced and served one month in prison. He then went on to achieve a bachelor's degree in computer science.In 2009, the man was stopped by Latham, New York, police for driving with a suspended license and expired tabs. He was therefore arrested by ICE officials, incarcerated for eight months, and began the process of hearings and immigration appeals. He ultimately won his case because the appellate court panel did not find any intent to deceive or defraud in the man's embezzlement case 12 years ago.
Source: Thomson Reuters, "US appeals court prevents deportation of Nigerian Phd candidate," Basil Katz, May 1, 2012
]]>Unless there is a change in the 67-year-old's citizenship and naturalization status or other related court proceedings, he will have to report to officials to complete his departure. Onyango Obama was ordered to be deported in 1992 after he mistakenly forgot to renew his visa. His immigration status was discovered last August when he was arrested for drunk driving.
]]> Immigration authorities expect that Onyango Obama will seek asylum and appeal the 1992 deportation order. His sister, Zeituni Onyango won asylum based on the fact that al-Qaeda bombed the Kenyan embassy in 1998. It is believed that hostility toward the U.S. from al-Qaeda sympathizers would put the president's uncle in harm's way.Foreign nationals may apply for asylum while in the states or any port of entry. When seeking asylum, you must be unable or unwilling to return to your country because of persecution or fear of being persecuted based on your race, religion, nationality, political opinion, or membership in a specific social group.
Source: BostonHerald.com, "Obama's uncle ordered to report regularly to ICE," John Zaremba, April 13, 2012
]]>According to research conducted by the Federal Reserve Bank of Atlanta, the earning potential of citizens at firms that employ undocumented workers only has a variable impact of $56 or less per year. In fact, the study also found that companies that utilize alien workers, particularly in retail, hospitality and leisure industries, allow their citizens to earn more money because the employees are able to specialize in specific areas of their industry.
]]> The Department of Homeland Security says there approximately 11.5 million undocumented immigrants in our workforce. This study suggests that the unemployment rates would still remain the same, even if we got rid of all the undocumented workers. While some various state anti-immigration laws are written with the expectation that it would be easier for job-seekers to find work if there were fewer undocumented immigrants, the unemployment rates and wage levels would not change.Immigration law will continue to be a hot-button issue throughout the presidential election, as new proposed laws authorize police to request proof of citizenship from anyone detained and Mitt Romney has proposed the idea of self-deportation for illegal immigrants.
Source: huffingtonpost.com, "Undocumented Workers Have 'Negligible Impact' On Wages: Study," Bonnie Kavoussi, April 12, 2012
]]>In the New York area, 127 immigration fugitives and violators were arrested. One of those arrested in New York was a 46-year-old man from Brooklyn who was convicted of manslaughter in 1985 and had been at large ever since.
According to ICE, 50 percent of those arrested had multiple criminal convictions, 149 were convicted sex offenders and another 50 were gang members. Many of those arrested were immigration fugitives who had been ordered to leave the country but never did. In addition, 559 of those arrested had reentered the U.S. after deportation.
More than 200 of those arrested were presented for prosecution in the court system on a variety of charges, including reentry which is felony and carries a sentence up to 20 years in jail.
]]> This was the third national "Cross Check" operation conducted for the removal of individuals who have been determined to be a threat to public safety including criminal aliens, repeat immigration law violators, recent border entrants, fugitives with a final order of removal and those who pose a threat to national security. Federal authorities have deported a record 400,000 immigrants in the last year alone.In the wake of Congress being unable to pass an immigration reform bill, some states have drafted their own immigration laws. The U.S. Supreme Court is hearing a case later this month in which the Department of Justice is challenging a state law because the DOJ claims that immigration is strictly a federal matter.
Source: latino.foxnews.com, "Immigration Agents Arrest More Than 3,100 in Largest Operation Ever," Kacy Capobres, April 2, 2012
Source: wnyc.org, "Immigration Officials Arrest Thousands in Nationwide Sweep," Mirela Iverac, April 2, 2012
]]>Though all five couples were legally married in states that recognize same-sex marriages, the federal Defense of Marriage Act, passed in 1996, does not. Without the federal government recognizing gay and lesbian couples as legally married, they are unable to utilize their married status for immigration purposes like heterosexual couples do. According to the suit, the plaintiffs in this case meet all the qualifications for immediate family immigration benefits, except they are lesbian or gay. If they were straight, the federal government would automatically recognize the spouse as an immediate relative. The lawsuit was filed against the U.S. Attorney General, the Secretary of Homeland Security, and officials with the Citizenship and Immigration Services.
]]> In 2010, a challenge to DOMA filed in Boston also denied gay married couples other benefits granted to hetero-married couples including filing joint tax returns. The states that recognize same-sex marriage include: Washington, Maryland, Vermont, New Hampshire, Massachusetts, Iowa, New York, Connecticut and the District of Columbia.Under normal circumstances, immigrants who marry a U.S. citizen can apply for a green card or permanent residency immediately. Heterosexual couples can also qualify for other benefits like fiancé visas and work authorization. The waiting period for a green card after marrying a U.S. citizen is usually six months to two years.
Source: The Washington Post, "NY lawsuit says Defense of Marriage Act denies immigration rights to married gay couples," April 3, 2012
]]>Part 10 is a list of 40 additional questions that seek to get to the core of your moral character and figure out what type of you people you hang out with. The questions include sections addressing your voting record; tax returns; mental health and capacity; your association with groups like the Communist Party, any terrorist organizations, and the Nazi's; your arrest record or criminal charges of any kind; your past alcohol use, sexual and gambling habits; and any prior military service.
]]> A couple things that may be a barrier to you successfully achieving citizenship unless and until you correct them could include not filing taxes, not paying child or spousal support, and not registering for selective service. In each instance you can correct any payments or tax filings that are in arrears and they will be forgiven. Men can and must register for the draft at any time between the ages of 18 and 26.However, you do not need to be able to prove that you are self sufficient to be a U.S. citizen. Permanent residents receiving public assistance or welfare cannot be excluded from achieving naturalization. In fact, if you are receiving assistance, you may qualify to have the $680 filing fee waived.
Source: NYDailyNews.com, "Applicant receiving public assistance can not be barred from gaining U.S. citizenship," Allan Wernick, March 30, 2012
]]>Advocates say New York has always led the way when it comes to immigration law and it should continue to do. Thirteen states, including New York, allow unauthorized immigrants to qualify for in-state tuition rates. Only three states - Texas, New Mexico and California - allow them government tuition aid. In addition to allowing students to go to school, today's rally attendants would like to see New York assist with educational funding as well. New York's Dream Fund legislation would ensure that all students, regardless of immigration or citizenship status, have access to public and private tuition assistance in New York.
]]> Proponents of the legislation, like The New York Immigration Coalition, say there are more than 4 million immigrants in New York so the proposed bill just makes economic sense. Touted as an investment in intellectual capital, we know that people with a bachelor's degree earn more, on average, than those with a high school diploma. This legislation would give young people a chance to make it at least into the middle class.New York's Dream Act would allow children, who were brought here by their parents, a boost onto a path of legal immigrant status, education and productive citizenship.
Source: capitalnewyork.com, "Petitioning Cuomo, at City Hall, to get involved in the Dream Act in Albany," Elizabeth Gohnzalez, March 21, 2012
]]>With no proof, immigration-rights groups and lawyers pressed the DOJ for examples where deportees received assistance to return to the U.S. However, government agencies -- including the Department of Homeland Security, Department of State, and Immigration and Customs Enforcement -- could not produce any such examples. When pressed, the government said there were emails between the agencies regarding its deportation policy, but they did not have to turn them over because they were exempt from the Freedom of Information Act.
]]> After more than two years of legal wrangling, the New York judge wrote that there was in fact reason to believe that the Supreme Court's 2009 decision was based on "inaccurate or distorted" information from the government agencies. He is allowing the government 60 days to appeal his findings. Consequently, ICE recently released a document describing their policy for facilitating the return of deportees who win their appeals in federal court. However, ICE could not say how many people had been assisted with their return to the states, or when the policy took effect.Usually, an immigrant who goes to court to fight a contempt action or is allowed to return to the country after a long, hard-fought appeal does not get any attention or assistance without an attorney. It will be interesting to see if ICE will begin proactively facilitating the return of immigrants through transportation assistance.
Source: Wall Street Journal, "Immigration Case Challenges Justice Department's Credibility," Jess Bravin, March 13, 2012
]]>Whittling away at a 2010 immigration enforcement law in Arizona, a federal judge ruled that the First Amendment rights of people seeking or offering day labor services were more important than enforcing traffic safety. Apparently, when police noticed drivers stopping to pick up workers seeking manual labor for the day, they felt it created a traffic problem. Safety concerns, distractions to drivers, damage to property and trespassing were also cited as causes for the day labor provision in the law. While drivers were blocking traffic in the street waiting for the workers to enter their vehicle, officers were questioning the workers about their immigration status.
]]> The judge noted that crackdowns on undocumented immigrants have nothing to do with traffic safety. Therefore, the judge said officers should defer to existing traffic laws that prevent motorists and pedestrians from endangering others. Not, she said, an immigration law with a clearly stated objective of reducing the numbers of illegal residents by enforcing new state and federal policies.In 2010, the same judge blocked other portions of the law that would require police officers to question the immigration status of people they suspect are in the state illegally. The Supreme Court has already agreed to hear the governor's appeal of some of the judge's decisions.
Solicitation laws and ordinances in other states and jurisdictions have also been thrown out by other judges on grounds that they restrict free speech.
Source: The New York Times, "Arizona: Day Labor Rule Blocked," Feb. 29, 2012
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