Archive for the ‘Legislative Reform’ Category.

New Opportunities to Move Forward in 2016

shutterstock_332894387The American people are frustrated by the inability of Congress to take action and tackle the challenging, yet not insurmountable, task of reforming our immigration system and bringing it into the new century. That shouldn’t be too much to ask now that we are already well over a decade into the 21st century.

The Administration attempted to alleviate this frustration in November of 2014 by announcing plans to keep families together, ensure our communities are secure, and enable employers to keep the talent they need to remain competitive.  Though many of these actions are still pending implementation by DHS, the litigation brought by Texas and other states has delayed implementation of President Obama’s signature initiative which would grant a reprieve from deportation to many undocumented individuals who have extensive, long-term ties to the United States.

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The Impact of Inaction on American Children

shutterstock_157595678America is a nation of immigrants, and Congress has the critical job of making sure U.S. immigration laws are up to par. Yet, decade after decade, we are left with legislative scraps and executive orders on how to deal with the immigration system. That lack of concrete, comprehensive action directly and negatively affects our competitiveness in a global economy. But it also hinders our ability to maintain a clear moral authority on a whole host of issues, including how we treat our children.

Lost in all the bravado about building walls, having a religious litmus test, creating a two tier citizenship structure, and having permanent and semi-permanent bars, is the most important issue of all – the welfare of American kids.

In 2007, an estimated 9% of all U.S. babies were born to undocumented parents. In 2012, there were 4.5 million U.S.-born children younger than 18 living with undocumented immigrant parents. According to a study by the Harvard Graduate School of Education, these children experience multiple developmental side effects because of their parents’ status. Marcelo Suárez-Orozco, a professor of education at New York University and an author of the study says the effects are in “cognitive development, engagement in school and their ability to be emerging citizens.”

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DHS Rule For Highly Skilled Immigrants: Helpful, But Timid

shutterstock_204239854Yesterday morning began with a panicked message from a software engineer employed by one of my corporate clients.  The engineer had “ported” his green card application, joining my client after having been sponsored by a prior employer for permanent residence.  The company was happy he had joined, since he brought needed skills to help upgrade the company’s infrastructure.  The engineer’s message related to his green card application: nine years after his immigrant visa petition had been approved, while he was waiting in the interminable backlog for high-skilled workers from India, USCIS decided to question its approval of the immigrant visa petition filed by the prior employer.  The engineer was now second-guessing his decision to have taken the position with my client, wondering if his immigration future might be more secure if he went back to the work he had been doing previously.

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Ineffective and Discriminatory is not a Winning Combination

shutterstock_310538138At the time of the Iranian Islamic Revolution, I was a teenager, completely unfazed by the events unfolding. My brother and I were both going to school in the U.K. and my older sister had already immigrated to the U.S. When the revolution peaked in late 1978, my parents were visiting my sister in Los Angeles. Tragically, within two months, our 2500-year monarchy was replaced with a repressive and regressive Islamic system of governance in February 1979. I was the last one of my family who was able to arrive in the U.S., later in 1979 to complete high school.

As with many Iranians, our extended family was scattered by the new regime. My mom’s cousin was executed for being a senator in the Shah’s government. To retrieve his body, we had to pay for the bullets used by the firing squad. My uncle was accused of crimes against humanity for being the Chief of Police in Tehran at the time of the revolution. He went into hiding and stayed there until his death many years later. My younger sister, her husband, and their baby were jailed for attempting to escape from the country on foot.

Stateside, we were dealing with the fallout from the horrendous hostage crisis where American diplomats were detained for 444 days in Iran. Agents from the FBI visited our home and interviewed all of us. Life was volatile, but at least we felt relatively safe in America.

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Can the Innocence of a Child Soften the Hearts of Anti-Immigrants?

Image: Sophie Cruz/First Focus

Image: Sophie Cruz/First Focus

Sophie Cruz became an instant celebrity when she approached Pope Francis’s motorcade to hand him a letter begging him to help her keep her parents in the United States.  Her message was simple, coming from a five-year-old, yet it carried more power and conviction than any of the hateful rhetoric that has been dominating the airwaves. Sophie Cruz wants to stop living with the fear that her undocumented parents may, at any time, be taken from her and deported.  You see, Sophie is a full-fledged U.S. citizen, a right guaranteed by the 14th Amendment of the Constitution to all who are born in the United States.   Her parents, however, are undocumented immigrants living in the confines of the underground world that our current immigration system has created.  They are unable to legalize their status, yet work hard and contribute to their communities.  Sophie’s father, Raul, came to the United States ten years ago and works long hours at a factory to provide for Sophie and the rest of his family.  Like many aspiring Americans, they are struggling to make ends meet, stuck in the purgatory of our unworkable immigration laws. Sophie’s parents represent our country, they represent the opportunity for a better America, and the future that Sophie herself dreams of.

But what is Sophie asking for?

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Seeing the Forest for the Trees in the Immigration Debate

shutterstock_229516540U.S. immigration law is a myriad of statutes, regulations, policies, memos, practices and procedures which span a wide variety of practice areas. The immigration debate playing out in the media is largely focused on the refugee, humanitarian, and family-based areas of immigration law. But this is only part of the picture. Immigration law also includes employment- and investment-based immigrants, seasonal/agricultural workers, the transfer and employment of high-skilled and professional workers, and short- and long-term visas for executives of global organizations, actors, athletes, and entrepreneurs.

This dichotomy of the perception of immigration law is not unique to the U.S. The Guardian recently examined this issue in the U.K., suggesting the main divide is whether someone is an expat or an immigrant; and concluded that the distinction is based on race. Looking at the issue in Hong Kong, a Wall Street Journal blog attributes the divide to differences in social class, country of origin, and economic status. In the U.S., the National Academies of Sciences, Engineering, and Medicine released a report entitled The Integration of Immigrants into American Society, a comprehensive look at US immigration, which, probably most accurately, points to status in understanding this divide. Legal status, or more acutely, the lack of legal status limits opportunities of integration, access to social services, housing, education, and employment. The key difference in the perception of immigration may therefore be an effect of the cause –the lack of viable, realistic legal immigration options for U.S. families and employers.

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One of Millions

shutterstock_244966882As an immigration attorney, I hear the life stories of immigrants from all over the world. I hear about the mothers, fathers, siblings, and children left behind; I hear about the choices people have made and the relationships that have flourished and failed. It’s a never-ending stream of sadness, hope, anger, and excitement. It’s the reason I became and remain an immigration lawyer.

One story, though, has become emblematic to me of the desperate need for reform.

My client is from Jamaica and was born deaf. She arrived in the U.S. in 1991 as a teenager and made her life here. She was married for many years to a United States citizen husband and had three children with him, but he never filed a petition for her to adjust her status. Her husband was an abusive alcoholic and my client eventually separated from him. Now, she is living on her own with her children as best she can, sometimes depending on the generosity of relatives to take her and her children in. But her relatives don’t know sign language and she does not read lips well, so she is often left alone in the world.

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More Than a Label

MoreThanALabel LogoThis blog post was written in response to the questions raised by the SocialWork@Simmons #MoreThanALabel campaign, an effort to highlight how immigrants are currently combating labels and stigmas and what can be done to promote immigrant pride.

My name is Victor Nieblas Pradis, and in June I became the first Mexican-American President of the American Immigration Lawyers Association (AILA) in AILA’s 69 years of existence.

Decades ago, proudly claiming to be Mexican-American might have led to slurs or denigration in this country, but times have thankfully changed.

As I shared in my first speech as AILA President, I was two years old when we settled across the “linea,” or border, of Mexico in Calexico, California. For me and my four siblings, immigration issues were a part of our experience and reality. The international border was only eight blocks from my home and the local border patrol station was only two. My next-door neighbor was a border patrol agent and across the street lived a ranking member of the Drug Enforcement Agency (DEA). Continue reading ‘More Than a Label’ »

Indian Independence Day

shutterstock_134525195“Progress is implied in independence. Without self-government neither industrial progress is possible, nor the educational scheme will be useful to the nation…” – Bal Gangadhar Tilak.

When you think of the phrase “Independence Day,” naturally you think of July 4th and wonderful images of BBQs, apple pie and fireworks come to mind. August 15th is Indian Independence Day, which is relatively recent, having begun in 1947. It certainly feels recent to me since my father was ten years old at the time. Of course he later moved to Britain, where I was born, making me a British Citizen, therefore setting me up for a lifetime of combined pride and self-loathing. In the U.S., Indian Independence Day on August 15th is celebrated in numerous cities, and with a number of parades and parties.

India has come a long way. Just shy of one quarter of the world’s population and the world’s largest democracy, it is amazing to see the progress over the last decade. Modern cities and developments have sprung up all over India. The economy is booming and India is creating many different items for export. Perhaps its largest and most valuable export though, is people, in particular, highly educated people.

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Conrad 30 – A “Win-Win” Response to the US Healthcare Crisis

shutterstock_102868775Affordable and accessible healthcare has long been a national priority.  However, for decades the United States has experienced a critical shortage of physicians.  The addition of millions more insured Americans to the healthcare rolls under the Affordable Care Act has heightened the problem.  In fact, the Association of Medical Colleges predicts the US will face a shortage of 46,000 – 90,000 physicians by the year 2025.[1]  While the US is now graduating more medical students than ever before, the number of graduate medical education residency and fellowship training programs has remained static.[2]  With American physicians increasingly choosing hospital-based medical specialties over primary care positions,[3] millions of vulnerable Americans are left without primary healthcare.

Fortunately, US immigration law provides an incentive to attract US-trained international medical graduates (IMGs) to parts of the country not fully served by American physicians.  Since its inception in 1994, state Departments of Health across the country have used the Conrad State 30 J-1 waiver program (“Conrad 30”) to place over 12,000 IMGs in medically underserved communities where they have provided healthcare to millions of our country’s neediest citizens.

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