Archive for the ‘Immigration, General’ Category.

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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A City on the Hill: San Francisco Protects the Rights of Refugee Children and their Families

shutterstock_238398439On April 27, 2016, the Mayor of San Francisco approved $1.8 million for two years to fund the San Francisco Immigrant Legal Defense Collaborative (SFILDC), a unique partnership of 13 legal service providers brought together to represent children and families on the surge dockets before the San Francisco Immigration Court. This funding continues an initial grant by the City of San Francisco in 2014 to create and support the SFILDC through 2016. The SFILDC is an example of what a successful publicly-funded program to provide representation for vulnerable populations in immigration court can look like.

The SFILDC was created in response to the unprecedented thousands of children and families fleeing violence in Central America and Mexico. These refugees arrive at the U.S. border seeking protection only to be forced to navigate the maze of immigration laws and removal proceedings. Statistics have shown that the odds of being allowed to remain in this country increase more than fourteen-fold if women and children have counsel to assist them in overcoming the many procedural hurdles and in presenting their stories.

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“Apurar, cielos, pretendo,

Por qué me tratáis así,

qué delito cometí

contra vosotros naciendo.

Aunque si nací, ya entiendo

qué delito he cometido;

bastante causa ha tenido

vuestra justicia y rigor,

Pues el delito mayor

del hombre es haber nacido.” ~ by Pedro Calderón de la Barca

Outrage is the only word that comes to mind to describe the Obama Administration’s recent admission that they are aggressively pursuing enforcement against families and children. Immigration and Customs Enforcement (ICE) has launched a 30-day “surge” of arrests focused on mothers and children who have been ordered removed by an immigration judge. It was also reported that the operation would cover minors who have entered the country without a guardian and since turned 18 years of age.

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Anything I Can Do, You Can Do Better… in Dilley!

ny chapter dilleySunday is Mother’s Day in the U.S. and having just met some of the most incredible mothers I have ever encountered, I wanted to share that experience. In Dilley, TX, I met countless mothers who risked their lives to come to the U.S. for their children.  Not for economic reasons, not for “a better life,” but for the chance for their children to survive, because that is what a mother does.

Primarily, I am a business immigration attorney. I think in terms of Hs, PERM, Es, O-1s and the rest of the business immigration alphabet. However, I have been hearing a lot about the families who have asylum cases that desperately need help in Artesia, Dilley, and Karnes for the last two years and I kept thinking about lending a hand. Throughout my career I have taken on a handful of pro bono cases and have volunteered at clinics and citizenship day events, but I could do more.

When the New York chapter sent emails around asking people to go on a team, my immediate reaction was, “Let me donate some money instead.” I don’t do well roughing it. I don’t even go camping. I’m not saying I am a princess, but my slippers are high-heeled. My idea of roughing it is waiting for my martini for an additional ten minutes. Trust me, my friends think of me more as “Business Immigration Barbie” than “Detainee Defender.”

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Are You Considering Canada?

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

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

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

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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