Archive for the ‘Legislative Reform’ Category.

The American People Have Elected the 45th President

shutterstock_106049390We, the American people, have elected our 45th president. Today, as we all go on with our daily routines, a new era is beginning. Today we must search deep within and find a renewed commitment to our nation, to unity, and to the belief in the wisdom of our founding fathers who established our nation and our system of governance in the name of freedom and democracy. Though the political debate surrounding immigration has always been contentious, the presidential campaign revealed a divisive and ugly rhetoric unbefitting our country.

As a woman, an immigrant, a former asylee, an immigration attorney, and a proud U.S. citizen, I feel the election boils down to one clear fact: that we must continue to work towards acceptance and inclusion because within our borders, our citizens feel excluded. We must figure out a way to address that while highlighting the ways in which the values our forefathers held to be true continue to define America as a nation.

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American Parents Overseas Should be Treated Equally

shutterstock_334793393The Supreme Court on November 9, 2016, will hear arguments in Lynch v. Morales-Santana, a case in which AILA submitted an Amicus Brief, along with the National Immigrant Justice Center (NIJC) and Northwest Immigrant Rights Project.  The case, which will address and better define how citizenship passes to children born to Americans overseas, has the potential to affect numerous children by eliminating current distinctions based on the biological sex of an unwed U.S. citizen parent.

In Morales-Santana, the Second Circuit ruled that the petitioner, who was born out of wedlock to a U.S. citizen father and a non-U.S. citizen mother, should not have been treated differently as to the status of his citizenship under the equal-protection clause of the Fifth Amendment, reversing a lower court ruling.  If the Supreme Court upholds the Second Circuit’s decision, the Court will create equality under the law for children born to an unwed U.S. citizen parent, regardless of the parent’s gender.

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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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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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My American Dreams PBS Film Project

shutterstock_49320589For four years, all across the United States, they have come to law offices like ours. They have come with tidy stacks of records from their years in the United States – vaccination cards, dog-eared school grade cards, pay stubs from high school jobs, college awards. The older ones come by themselves or with their spouses. The younger ones come with anxious parents. All of them are expectant, nervous but hopeful.

These are the DREAMers, the young people eligible for Deferred Action for Childhood Arrivals (DACA), announced by President Obama in 2012. They are undocumented youth brought here by their parents, usually without a visa. They have grown up in our country without papers and without any certainty as to what the future may hold.

Since 2012, DACA has allowed qualified young immigrants to apply for and receive a temporary reprieve from deportation. Over the past four years, DACA has significantly changed almost one million lives, allowing DACA recipients to work legally, obtain a driver’s license, more easily attend university or enroll in other advanced educational programs, pursue careers, and otherwise live as integral members of their communities, just as their peers born here.

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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 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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