Reading this recent Reuters article, from the headline to the end, I’m not sure what offends me most. Is it the Trump Administration’s concerted effort to scare people away from seeking safety in the U.S.? That’s pretty disgusting. Is it the fact that those threats only work if people believe our government would deprive them of the due process promised by our country’s founding principles? Maybe. But, I think what really gets me is the repeated use of the term “illegal” when it comes to families fleeing to the U.S. and seeking refuge under our asylum laws.
It is not illegal to seek asylum.
Continue reading ‘Say It with Me: It Is Not Illegal to Seek Asylum’ »
We’ve just wrapped up another H-1B lottery season, during which United States companies submit H-1B petitions on behalf of skilled workers to fill professional-level positions. This year, nearly 200,000 petitions were submitted for just 85,000 visas. Once again, the government must resort to a computer-generated random selection process to pick and choose between petitions, and the losers will include a lot of small businesses. The program does not take into consideration market demand, and many small businesses will be unable to hire the specific workers they need to grow and create jobs for U.S. workers.
How does the lottery work exactly? Simply put, employers file petitions, at a cost of several thousand dollars in filing fees and costs, and then wait to discover whether U.S. Citizenship and Immigration Services (USCIS) pulls the applicant’s “number” for processing. Only those petitions chosen in the lottery will be adjudicated by USCIS for jobs that can begin no later than October 1, 2018, the start of the federal fiscal year. If the prospect of building a business by pulling a number out of a hat seems counterintuitive to you, you aren’t alone. It is.
Continue reading ‘Our Immigration Laws Are Bad for Small Businesses’ »
Immigration and Customs Enforcement (ICE) has been stepping up its enforcement operations, this time in and around courthouses. There have been reports of ICE officers increasingly showing up in courthouses across the country to arrest unsuspecting immigrants. This is a misguided policy…and a dangerous one, for all of us.
The Department of Homeland Security (DHS), supported by Attorney General Sessions, recently defended ICE’s actions, stating that arresting a person in a courthouse better ensures public safety since the person would have already been screened by the courthouse and are less likely to have access to a weapon, resist arrest or flee. Ironically though, this tactic will only backfire. ICE agents appearing at courthouses will have a chilling effect on the administration of the criminal justice process and will actually make us all less safe.
Continue reading ‘ICE Enforcement in Courthouses is a Dangerous Mistake’ »
Regardless of the veracity of President Trump’s negative immigration rhetoric, it is undoubtedly sparking and emboldening anti-immigration groups. Constitutional battles that have long been over and won are creeping back with validation from the new administration.
In California, the American Children First organization is leading an initiative that seeks to keep undocumented children out of public schools and to charge undocumented parents of United States citizen children “non-resident” tuition. On April 5, 2017, the that the organization had filed a notice of intent with the San Bernardino County registrar of voters in order to circulate a petition for their proposed ballot measure. The organization’s founder, Joseph Turner, told the LA Times that he felt “invigorated” by President Trump and intends to bring these anti-immigration initiatives to the national level by first targeting a small school district. The initiative targets the Yucaipa-Mesa Joint Unified School District, which includes both San Bernardino and Riverside counties.
Continue reading ‘Our Battles Are Only Beginning’ »
A child can be sweet, mad, smart, hilarious, whiny, silly, or sad. A child can be an angel, a terror, a silly goose, Captain America, Wonder Woman, a kitty cat, or a Tyrannosaurus Rex. A child cannot be an immigration lawyer. And yet…
In immigration courts across the United States, every single day, children and other incredibly vulnerable individuals are left without counsel. If they cannot afford one, or don’t luck out with pro bono assistance, they are left to face immigration judges on their own. They are denied a most basic premise of our constitution — due process of law.
Continue reading ‘Kids These Days’ »
The Trump Administration has developed an immigration-related agenda that rejects long held American values, our country’s commitment to due process, and what our economy needs to keep America working. His first Executive Orders related to immigration have one important theme in common: to be implemented, they require money. Our system of government requires that the President ask for funding from Congress.
Yes, the President has a Republican majority in the House and Senate right now, so maybe he believes getting that money will be a cinch. It won’t be. The President’s asks: of building a border wall, increasing the number of Immigration and Customs Enforcement (ICE) officers and U.S. Customs and Border Protection (CBP) agents to build a deportation force, and increasing the number of beds in detention facilities that benefit private prison companies, are unnecessary and will require supplemental funding that carries a price tag of $3 billion.
Continue reading ‘Block the Money, Block the Wall’ »
Tuesday night, I spoke at a “Know Your Rights” event in Tucson, Arizona, to a large group of concerned and fearful refugees from all over the world, including countries such as Iraq, Eritrea, Ethiopia and Somalia. Afterward, I spoke individually to several of the attendees who expressed anguish about the anti-refugee sentiment being spread throughout the United States by both our state officials and the federal government.
One man explained to me that he came to the U.S. with the impression that we would welcome him. But now he feels unwelcome. He said he loves this country but is worried about what the future may bring to him and his family. It was so disheartening to hear this. Another man told me of the gut-wrenching decision he made to leave his native land. In making this choice, he has separated from his elderly father, and most likely will never be able to see him again as his dad is extremely ill. I had to explain to him that being unified with his father would either require humanitarian parole (unlikely) or take an extremely long time via immigrant petition. While it was incredibly difficult to listen to these stories, the experience once again re-affirmed my personal commitment to help refugees and push for laws and policies that reunite families.
Continue reading ‘Staining America’s Image’ »
The actions and rhetoric throughout the first weeks of the Trump Administration have placed immigration at the top of the national agenda. Beginning with the three Executive Orders the first week, followed by the chaos at the airports due to the Muslim/refugee ban, and the stark realization that Candidate Trump was now President Trump with the full power of the presidential office behind him, immigration lawyers saw a shift in their everyday lives.
What may have once been a calm and quiet discussion of next steps became a frantic, terrified preparation session “in case” the worst was to happen and a family was torn apart. Business attorneys faced harried calls from Human Resources staff trying to figure out which if any of the presidential orders affected their current or future employees and how to address any gaps.
Continue reading ‘Why You Need to be in D.C. Next Month’ »
Several members of AILA’s Executive Committee share their reactions to President Trump’s Joint Address to Congress on February 28, 2017:
“We agree that we have to restore integrity and the rule of law to our borders, and especially to the agencies responsible for enforcing that law. The record of disregard for basic rights by officials of Customs and Border Protection (CBP), including warrantless searches and seizures of Americans, demonstrates the urgent need for oversight of enforcement at our borders by Congress and the courts.” Bill Stock
“We should not forget our Nation’s founding principles; we must remain a beacon of hope for the most vulnerable and lead by example, providing a viable and secure system for those seeking to flee persecution and violence.” Annaluisa Padilla
Continue reading ‘Reactions to the President’s Joint Address to Congress’ »
Guest Blogger on
February 16, 2017
What is the mission of Immigration and Customs Enforcement (ICE)? Its website states:
ICE’s mission is to protect America from the cross-border crime and illegal immigration that threaten national security and public safety. This mission is executed through the enforcement of more than 400 federal statutes and focuses on smart immigration enforcement, preventing terrorism and combating the illegal movement of people and goods.
In the past week, ICE has aggressively ramped up its enforcement efforts, sending shockwaves across the nation, as many ponder just how far ICE will go to execute the practically limitless deportation priorities laid out in President Trump’s January 25 Executive Order. The order casts a net so massive that ICE could easily shatter the record of people deported under President Obama. Trump’s actions have instilled fear and anxiety across immigrant communities, and has even spawned scam artists posing as ICE agents and demanding that immigrants pay up to avoid deportation.
Continue reading ‘Is ICE Making Us Safer or Less Secure?’ »