Archive for the ‘Immigration, General’ Category.

Opening Minds and Hearts in the Immigration Debate

shutterstock_126507572There are very few issues facing our country today that are more polarizing than immigration. From the White House to your parents’ house, Wall Street to Main Street, the classroom to the dining room, discussions about immigration have sharply divided parties—and touched a collective nerve. The current vitriol espousing fear and scapegoating has made the immigration debate not just a theoretical or intellectual one, but a personal one. “They’re stealing our jobs!” “They’re killing our children!” “They don’t pay taxes!

Facts and figures, studies and statistics, and plain common sense abound to debunk most of the common myths and rhetoric, yet some people still cling to their anti-immigrant sentiments. Some of it is based on benign ignorance, some of it driven by emotion, others by personal experiences and biases.

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Solicitor General Apologizes to the Supreme Court, Again

shutterstock_246417730The moral of this blog post is two-fold. First, stranger things have happened, and second, do not believe everything someone tells you because just saying it does not make it so.

On August 26, 2016, Acting Solicitor General Ian Heath Gershengorn penned a letter to the Honorable Clerk of the Supreme Court Scott S. Harris apologizing for a Department of Justice (DOJ) error committed fourteen years ago. That’s right. In 2002, Mr. Gershengorn’s predecessor told the Supreme Court in Demore v. Kim, that mandatory detention under 8 U.S.C. § 1226(c) was constitutional because the average length of detention when a case was appealed to the Board of Immigration Appeals (BIA) was on average only 233 days. According to DOJ’s apology, however, the statistics provided by the Executive Office for Immigration Review (EOIR), which DOJ had submitted to the court, omitted 15,000 cases, and in fact, appealed cases generally take an average of 382 days. This also resulted in an underestimate of the actual number of cases appealed. Statistics were fudged based on EOIR’s definition of “completion,” which did not take into account, for example, a change of venue. The statistics, by the way, relate back to the year 2001.

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Avoiding Potential Pitfalls in the Global Immigration Context

shutterstock_288120626Immigration lawyers regularly see the damage “notarios” can inflict on innocent clients who don’t realize they are not dealing with a qualified lawyer or don’t understand why it’s important to use a lawyer competent in immigration law. Many of us have worked hard to educate the public on the dangers presented by those engaged in the Unauthorized Practice of Law and we have encouraged our law enforcement agencies to target the worst actors.

There are also many handling U.S. immigration matters overseas who are off the radar of U.S. authorities. They may be equally as unqualified as the notarios operating within the U.S. and the potential harm they cause is just as serious.

No matter how much we know about the law, and how much we know about immigration, the fact remains that with some exceptions, AILA members are experts in American immigration law. Notwithstanding our desire to help a longstanding client, or offer a few words of advice on a “simple” matter, American immigration lawyers should be extremely cautious about accepting outbound immigration matters.

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What is Donald Trump’s Position on Immigration?

shutterstock_264609119Why do we ask?  And why particularly of Donald Trump and not Hillary Clinton?  While the devil is always in the details, it is clear that Secretary Clinton has a more favorable view of immigration and has laid out a fairly clear strategy for how she would reform the current system.

But the question of what Mr. Trump would prioritize on immigration, should he be elected to hold the highest office in our nation, remains unclear.  First he called for massive, yet “humane” and “nice” deportation of the estimated 11+ million undocumented individuals in this country.  He has also repeatedly reaffirmed that a wall must be built along the southern border.  He has noted that he wants people (who are deported) to come back legally because “they want to be legalized.” The candidate has also said that in the wall, there will be a “tremendous beautiful wide open door.” (Donald Trump on mass deportation).

Recently however, reports have Mr. Trump possibly “softening” his stance on immigration noting that “to take a person who has been here for 15-20 years and to throw them out is a very, very hard thing.”  The outline of a plan appears to have similarities to proposals made by former presidential candidate Jeb Bush, who Mr. Trump previously criticized as “weak on immigration.” Yet there does not yet seem to be any clear and definitive proposals of what his immigration policy would look like in actuality.

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Taking that Final Step Toward Citizenship

shutterstock_323503904Before he was president, Eisenhower was a general. What war was he in? What territory did the United States buy from France in 1803? What stops one branch of the U.S. government from becoming too powerful? How many amendments does the U.S. Constitution have?

These four questions seem innocuous but they can strike fear into the hearts of thousands. I’m not talking about high schoolers or even college students. These questions are just a few of the 100 possible questions an immigration examiner may ask a person who is applying for U.S. citizenship.

Before you can become a naturalized U.S. citizen, you first have to have lawful permanent residence (possess a “green card”) in the United States for several years; in most cases, five. Of the many other citizenship requirements, such as proving “good moral character” and attachment to the principles of the U.S. Constitution, each applicant must have sufficient knowledge of U.S. history and government as well as basic written and oral comprehension of the English language.

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Hearing Echoes from the Last Refugee Crisis Today

shutterstock_324951011The United States and Europe are facing the worst refugee global migration crisis since World War II. Estimates are that there are more than 60 million refugees worldwide. Every day that we fail to step up and address this issue leaves more refugees at risk of grave and imminent danger, not only for the next few years but for generations to come. I know this because I have seen firsthand the continuing struggles among the refugee population from the World War II era. The consequences have a long shelf life.

I am an immigration lawyer in Columbus, Ohio, and have just filed an application on behalf of a man I will call Ivan. Ivan was born in Lithuania in 1941; he is now 75-years-old. His parents died during the war and he was raised by his grandmother in a Displaced Persons Camp in Germany. After delays due to Congressional inaction, President Harry Truman signed legislation in 1948 and 1950 that allowed a total of 400,000 refugees into the U.S. Ivan benefited from one of those laws and came to the U.S.

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The Facts on How Immigration Works for America

shutterstock_371277403This election cycle has brought about the worst immigrant bashing in decades—most of it completely unsupported by any facts.  The constant barrage of blame is having an effect on many immigrant communities, and not simply the new arrivals, refugees, and unauthorized workers who are most often targeted through fearmongering.  What is consistently lost in the rhetoric is how immigrants who are studying and working in the United States keep our economic engine operating at the highest level.

Oklahoman Craig Knutson, the president of Growing Global, hit the nail on the head with his fact-based discussion of the economic powerhouse that is U.S. immigration (Norman businessman: Growing weary of trade, immigration bashing).  “The positive impact immigrants have had on our economy,” he notes has been demonstrated in both government and private research “using data.

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The Mandate of Optimism

shutterstock_447931165Listening to the pundits and talkers on TV and radio, we’re hammered with politically motivated, incomplete soundbites from people who lack awareness, at best, of the practical effects that our present immigration system engenders. It feels like we’re at such a low level of discourse on the issue that it leaves those of us in the trenches often feeling the weight of despair.

The increasingly restrictive and punitive views on immigration that are voiced by some are a reaction to  frustrations and fears that arise from terrorism, general violence, and the ups and downs of the economy and unemployment rate. In spreading these views, those we should be embracing are instead alienated.  Harsh immigration laws penalize individuals who are just as American as any of us who were fortunate enough to have been born here. Those laws also place unnecessary limits on innovators and entrepreneurs in the business and technology fields, preventing them from establishing roots in the United States and pushing away economic opportunities that would add to our shared prosperity.

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The Economics of Immigration

shutterstock_284052200Discussions on immigration in the United States often consist of heated outbursts based on a multitude of passionate and unreasonable positions. Whenever the topic of immigration comes up, it seems like the most extreme rhetoric, on both sides of the issue, ends up garnering the most attention.  But on July 13, Ann Saphir and Terry Wade reported for Reuters (Fed policymakers say immigration key to leaving rut of slow growth) on a point that perhaps all sides of the immigration debate can support: positive immigration growth leads to economic growth.

Though opponents of immigration reform often use stereotypes and fearmongering to try and show that any positive economic benefit resulting from immigration is offset by the consumption of public benefits, this is just not true. The economic benefits of immigration reform have been well-documented by the American Immigration Council.   And just last week, two regional Federal Reserve Bank presidents, from Dallas and Minneapolis, not politicians or advocacy groups, stated clearly and unequivocally, that continued immigration growth is a key factor to economic growth in the United States.  As Minneapolis Federal Reserve President Neel Kashkari said, “If we have a population that’s not growing, it’s much harder to have economic growth.”

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A Wall of Words

shutterstock_384199990For months, the rhetoric has been increasingly harsh towards immigrants as political candidates continue to lash out at refugees, the vulnerable families coming from Central America, and even entire religions. The result?  Well, among other things, there has been a massive increase in the number of Latinos who say they will vote in the 2016 election.

In the past 12 months, we have also witnessed an influx of lawful permanent residents (“green card” holders) applying to become naturalized U.S. citizens. I have volunteered at numerous citizenship clinics where applicants receive legal assistance preparing their applications. The turnout this year has been astonishing. More and more citizenship events are being held to accommodate the swarm of future voters. People are scared. They are mad. They are hopeful. They are motivated. They are going to vote.

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