Are You Considering Canada?

Author: on 05/02/2016


Ashutterstock_197319737s the American presidential election nears, some of us in Canada have been asked by media and other interested parties what the real options are if someone wanted to head north. ABC News reported in March that Google searches for “how to move to Canada” surged as high as 1,150%. We thought we’d offer some insight into the options available to come to Canada either temporarily or permanently.

Come to Canada to Work or Study: For those seeking a temporary move to Canada, young Americans in particular may pursue post-secondary studies in Canada by securing acceptance to a Canadian college or university. Others may seek to secure a temporary job offer from a Canadian employer. Under NAFTA, there are a myriad of employment options open to Americans.  As well, those who are not American can work in Canada if they qualify as an intercompany transferee.  In general, the ability to work in Canada depends on the nature of the positon and the particular skill set one maintains. In many cases, individuals require a job offer from a Canadian employer that is supported by a Labour Market Impact Assessment through Service Canada; this requires the prospective employer to demonstrate an inability to locate a qualified Canadian candidate to fill the positon.

This may sound familiar to attorneys working with business clients here in the U.S.  The most recognized temporary work visa in the U.S. is probably the H-1B, particularly this time of year, when more than 230,000 petitions were filed for the 85,000 visas available.  While in recent years Canada has made changes to their immigration laws intended to improve their immigration system, the last significant change to the U.S. system occurred more than 25 years ago.

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What Happened Yesterday

Author: on 04/19/2016


DSC_0673 (Medium)It was early Monday morning in Los Angeles and all along the West Coast of the United States, people were just waking up. Cars were jamming the freeways, lines were forming at coffee shops and TVs were tuned to the morning news. Meanwhile, in Washington D.C., the five men and three women who currently sit on the U.S. Supreme Court were hearing oral arguments in what is likely to be a seminal case involving immigration policy and more broadly, the president’s executive authority. The case seeks to resolve the controversy around the immigration initiatives President Obama announced in November 2014. For many who anxiously await the Supreme Court’s decision, a resolution as to whether the expanded DACA and DAPA initiatives may proceed is a life-changing matter.

United States v. Texas traveled to the Supreme Court on a politically charged highway along which advocates and opponents threw many punches. The road was lengthy, and as the case made its way to the Supreme Court, many speculated as to its fate. Significantly, this past February, the Court lost Justice Antonin Scalia. As one of the most conservative justices on the court, his passing could have an impact on the result of the case.

I had the privilege of sitting in the courtroom and listened first-hand as Solicitor General of the United States Donald B. Verrilli, Jr., representing the Obama Administration, and Scott A. Keller, Solicitor General of Texas, delivered their arguments. Certain intervenors were permitted to make statements, including Tom Saenz at MALDEF, who forcefully represented the voices of three undocumented mothers, but the crux of the case was presented and argued by the parties’ respective attorneys.

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The End Nears for this Politically Charged Game of Chess

Author: on 04/14/2016


shutterstock_375052336On Monday, April 18, the U.S. Supreme Court will hear oral arguments in the controversial case, United States v. Texas, to determine the fate of more than 3 million undocumented individuals. The lawsuit, filed by Texas and 25 other states shortly after the administration announced the expansion of DACA (DACA+) and DAPA in November 2014, blocked implementation of the programs which have been held hostage ever since.

The lawsuit alleges that DACA+ and DAPA violate the “Take Care Clause” of the Constitution which requires that the president “take care that the laws be faithfully executed.” In addition, the states argue that DAPA and DACA+ violate the Administrative Procedure Act (APA) as arbitrary and capricious initiatives that are contrary to our immigration laws, and that the government did not comply with the procedural requirements of the APA before announcing these initiatives.

The so-called “standing” upon which Texas and the 25 other states brought the lawsuit was that these federal initiatives would unduly burden the states by requiring them to issue and subsidize driver’s licenses – $130 per license for Texas.

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The H-1B Visa Program: The Dial-up Connection to the High-speed Wireless World

Author: on 04/13/2016


shutterstock_94209850There are far too many moments when the dysfunction of our outdated immigration system becomes crystal clear. One of those moments occurred this week when U. S. Citizenship and Immigration Services (USCIS) announced that it had received a record number of H-1B visa petitions during the five-day filing window for the coming fiscal year. Because our immigration laws are now more than a generation old, our system is simply not equipped for today’s reality – the H-1B program is like a dial-up connection in a high-speed wireless world.

A recent report shows that the presence of high-skilled immigrants improves a wide spectrum of the American economy and benefits U.S. workers. There is a direct correlation between the hiring of high-skilled immigrants and the creation of new jobs and new opportunities for economic growth in communities across the nation. The H-1B visa program is a way for U.S. businesses to hire those high-skilled immigrants.  But, with an artificial limit of 85,000 on the number who can come here, Congress has not made it easy for these essential workers to get here, even with a job offer in hand.

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Looking Back and Looking Forward

Author: on 04/12/2016


shutterstock_336606005In 2013, there was great momentum for immigration reform. The Senate had already passed its immigration bill, and pressure was being put to bear on the House to do the same. There was a sense of hope and great support for immigration reform nationwide. Pro-immigration reform blog posts and opinion pieces linked a viable immigration system to the U.S. remaining on top in innovation and pleas for immigration reform from major sectors of our economy, like the agriculture, travel and hospitality, and tech industries, were heard loud and clear. Economic giants like Facebook, Microsoft, Yahoo, Coca-Cola, the U.S. Chamber of Commerce, and so many more, came out in vocal support of immigration reform. Even many conservative religious organizations stood behind immigration reform as the right thing to do. Poll after poll showed that the majority of Americans favored comprehensive immigration reform with a path to citizenship. And yet, the House failed to deliver.

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Preparing for Battle

Author: on 04/01/2016


PrintIn the days following the opening of the Artesia detention center, I remember reading in awe on Facebook about the lawyers that were driving out and banging on the gates, demanding to be let in, insisting these mothers and children be allowed access to counsel. I followed, in the news, through social media, and via updates from friends, the developments as attorneys took over these cases and won. I listened to the stories of those who flew out to help. In the back of my mind, I wished I could be part of it all –but I had a demanding job, a daughter who was not yet a year old at the time, and countless other reasons, or so I told myself, that made putting my life on pause and getting on a plane to fly to the middle of the New Mexico desert impossible.

Time passed. The Artesia detention center shut down. But then the detention center in Karnes City, TX, opened, and then one in Dilley, TX, opened soon after. Dilley had a planned total capacity of 2,400 beds. This was more than 12 times larger than the Berks facility in Pennsylvania, which had been the only one in existence before Artesia and holds fewer than 200 individuals. The idea of the federal government incarcerating thousands of mothers and children at a time was inconceivable, but it was happening.

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At Long Last, Volunteering at Dilley

Author: on 03/31/2016


PrintIt was a trip nearly eight months in the making, my sojourn to Dilley. As Chapter Chair in summer 2014, I heard the requests for volunteers and donations. I focused on getting the word out and supporting members who volunteered. As a business and family immigration lawyer with little asylum law experience and no Spanish language fluency, I thought “how could I help?” But at last year’s AILA Annual Conference, I heard from several colleagues that those two seemingly insurmountable issues shouldn’t stop me from doing just that — helping.  So I made the decision to go, and though I felt nervous, finding a few AILA buddies to join me helped to alleviate my worries.

Sure, my preparations required a bit more logistical wrangling than some. First, I had to identify a translator for the designated week. I remembered that Nick, my running buddy’s son, speaks Spanish.  He was a recent college graduate, so I thought that he may have some time between taking the LSAT and heading to Argentina on a Fulbright Scholarship. He reviewed the materials on CARA and agreed to join me. Thus, all the pieces were in place. The final step was finding the time, but now it was a reality. I was still anxious but committed. I had to bone up on asylum law and procedures and spend some time familiarizing myself with the CARA database. I had to buy plane tickets and make reservations. And I had to reorganize my life so that it could be put on hold while I spent a week helping families.

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CARA – One Year Later

Author: on 03/30/2016


PrintIt’s hard to believe that tomorrow will mark a year since the CARA Family Detention Pro Bono Project officially launched. Four seasons have passed, during which we have worked tirelessly to end family detention, urging the Obama administration to stop detaining thousands of children and their mothers – a decision that stains both President Obama’s own legacy, and the history of this country.

Together, the four CARA partner organizations have soldiered on over the past year. Staff members have put in innumerable hours to create new processes, hundreds of volunteers have come and gone, but one thing remains the same: family detention is an inhumane practice and must end.

The CARA Project has served 7,935 mothers over the past 12 months. Nearly 60% were under the age of 30 and nearly 30% were younger than 25. Eight hundred and sixteen were under 21. Think about that. Things were so bad for these young women, many of whom aren’t much more than children themselves, that they fled everything they knew and left behind nearly everything they owned, to save what was most precious to them: their children and their lives.

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ICE Fights to Detain and Deport Teenage Girl Despite Stay

Author: on 03/25/2016


FB_IMG_1454041598864Kimberly was just 17 when she went in front of an Atlanta immigration judge and was told she would be deported. There was no legal orientation. No one asked her why she left her native Honduras or whether she was afraid to be sent back there. Even the lawyer her family hired didn’t tell her she could fight her case—and worse, actually asked the judge to order her removed.

Now, after nearly two months in a for-profit immigration jail in Irwin County, Georgia—under conditions that would make you weep—Kimberly is literally fighting for her life. And by the time you read this, she may already be gone.

In 2014, Kimberly fled Honduras with her little sister—gang members had threatened to take her as their sexual property. At best, Kimberly could expect to be passed from man to man, but girls who don’t submit are often kidnapped, gang-raped and murdered, their mutilated bodies left as a warning to others. Honduras was the murder capital of the world in 2013—our own State Department recognizes a host of human rights violations, including killings, weak law enforcement and judiciary systems, and abuse and violence against women. There are few, if any protections from a government that is both corrupted and outgunned by gangs notorious for targeting women and girls. Physicians for Human Rights shared the UN Special Rapporteur on Violence against Women report, which noted “violent deaths of women in Honduras had increased 263.4 percent between 2005 and 2013, and there is a 95 percent impunity rate for sexual violence and femicide crimes.” Knowing there wasn’t anything anyone could do to protect her, Kimberly escaped to the United States.

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H.R. 4731 Does Anything but Restore Integrity

Author: on 03/18/2016


shutterstock_120251062On Wednesday, at a time when we are facing a global refugee crisis, H.R. 4731, “The Refugee Program Integrity Restoration Act” passed out of committee in the House of Representatives with a vote of 18-9. Unfortunately, this bill does anything but restore integrity. I suppose it depends on how one defines “integrity,” but according to the dictionary, integrity is “the quality of being honest and having strong moral principles; moral uprightness.” Can anyone defend what is honest or morally upright about a bill that would:

• Reduce U.S. resettlement to 60,000 refugees per year at a time when there are 60 million people displaced from their homes, 20 million of whom are refugees (more than any time since World War II);
• Negatively impact the treatment of refugees worldwide, as the world looks to the United States for leadership in this area;
• Openly discriminate against Muslim refugees (when more than 750 religious leaders and faith-based organizations have urged Congress to oppose such discriminatory legislation);
• Construct additional barriers to integration and family reunification, continuing and compounding the trauma that refugees have suffered already from losing their homes, communities, and loved ones; and
• Allow state and local governments to actively violate anti-discrimination laws and create forbidden zones for refugees.

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