Posts Tagged ‘immigration reform’

U.S. IMMIGRATION BILLS INTRODUCED FROM OCTOBER 2011 – DECEMBER 2011

The following is a list of important immigration bills introduced in the U.S. Senate and House between October 2011 and December 2011:

Senate:

1. Families First Immigration Enforcement Act (S. 1949) – provides for safe and humane policies and procedures pertaining to the arrest, detention, and processing of foreign nationals in immigration enforcement operations.

2. STEM Visa Act of 2011 (S. 1986) – amends the Immigration and Nationality Act (INA) to promote innovation, investment and research in the United States.

3. Irish Recognition and Encouragement Act of 2011 – IRE Act (S. 2005) – authorizes the Secretary of State to issue up to 10,500 E-3 temporary work visas per year to Irish nationals.

House:

1. H-2A Improvement Act (H.R. 3232) – includes within the H-2A visa category a foreign national coming temporarily to the U.S. to work as a sheepherder, goat herder, or dairy worker. The bill also exempts an employer from the requirement to show that the position is of a seasonal or temporary nature.

2. Haitian Emergency Life Protection Act of 2011- H.E.L.P. Act (H.R. 3297) – amends the INA with respect to V visa nonimmigrants (spouses/children of a green card holder who come to the U.S. to wait for completion of immigrant visa process) to include certain Haitian nationals whose petition for a family-sponsored immigrant visa was approved on or before January 12, 2010.

3. Foster Children Opportunity Act (H.R. 3333) – requires state plans for foster care and adoption assistance to have procedures to assist foreign national children in the child welfare system to achieve special immigrant juvenile status and green card status before exiting foster care.

4. Visa Improvements to Stimulate International Tourism to the United States of America- VISIT USA (H.R. 3341) – provides qualifying nationals of China (PRC) with a five-year multiple entry/exit visitor visa.

5. Enhanced Border Security Act (H.R. 3401) – directs the Secretary of State to submit to Congress a counterinsurgency strategy to combat the operations of transnational criminal organizations in Mexico.

6. American Growth, Recovery, Empowerment, and Entrepreneurship Act- AGREE Act (H.R. 3476) – amends the INA to eliminate the per country cap for employment-based immigrants and increase the per country cap for family-based immigrants.

7. Religious Worker Visa Reciprocity Act of 2011 (H.R. 3557) – requires the country of origin of certain special immigrant religious workers to extend reciprocal immigration treatment to U.S. nationals.

8. Immigration and Naturalization Investment Ventures for Engineering, Science, and Technology- INVEST in America Act (H.R. 3692) – establishes an entrepreneur-based immigrant category for alien entrepreneurs who have completed or are in the process of completing a degree in science, engineering, math or a technology-related field.

9. Save Our Small and Seasonal Businesses Act of 2011 (H.R. 3718) – prioritizes certain returning workers for purposes of the quotas on H-2B non-agricultural temporary workers.

10. New Illegal Deduction Elimination Act- New IDEA Act (H.R. 3720) – amends the Internal Revenue Code (tax code) of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income.

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Recent Immigration Bills Introduced

Between August and October 2011, there were many immigration bills introduced in the U.S. House and Senate.  The following is a list of highlights:
 
Senate:
 
S. 1545 – designates Taiwan as a visa waiver program country
 
S. 1576 – measures the progress of relief, recovery, reconstruction and development efforts in Haiti following the earthquake of Jan. 12, 2010
 
House:
 
HR 2730 – better enables State child welfare agencies to prevent human trafficking of children and serve the needs of children who are victims of human trafficking
 
HR 2771 – increases to 5 years the period during which a Cuban national must be physically present in the United States in order to qualify for a green card
 
HR 2831 – amends the Cuban Refugee Adjustment Act to make individuals who return to Cuba after admission or parole into the U.S.
ineligible for a green card
 
HR 2847 – establishes an H-2C nonimmigrant visa for an alien having residence in a foreign country which he or she has no intention of abandoning and who is coming temporarily (10-month maximum per contract period) to the U.S. to perform agricultural services
 
HR 2878 – amends the Immigration and Nationality Act (INA) with respect to temporary admission of nonimmigrant aliens for the purpose of receiving medical treatment
 
HR 2885 – makes mandatory and permanent requirements for use of E-Verify for employment verification
 
HR 2899 – establishes a reciprocal relationship between the number of visas issued to state-controlled media workers in China and in the U.S.
 
HR 2952 – provides for expedited removal of certain aliens
 
HR 2981 – amends the INA to eliminate the 1-year deadline for application for asylum in the United States
 
HR 3012 – eliminates the per-country numerical limitation for employment-based immigrants, and increases the per-country numerical limitation for family-sponsored immigrants

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President Obama Invites Public to Press Congress About Immigration

On May 10, 2011 President Obama invited the public to push Congress for comprehensive immigration reform.  Discussing innovation, entrepreneurship, and the American Dream, the President spoke clearly about the urgent need to fix the broken U.S. immigration system.  He stated that immigration is a key component of ensuring our success in the 21st century.  He also provided a blueprint that offers numerous ideas that would translate into specific legislation and encourages both parties to work in the country’s best interest.

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NYC Mayor Michael Bloomberg Calls for Immigration Reform

On Friday evening, December 10, 2010, NYC Mayor Michael Bloomberg made an economic argument for immigration reform to several business professionals at the annual meeting of the Partnership for New York City, a business group.  He told his business peers, including media titan Rupert Murdoch (CEO of the News Corporation), that if they care about NYC and their companies, they needed to support his call for comprehensive reform.  He pleaded for top business professionals to bring common sense and economic experience to the immigration debate, which he called the most important issue facing this country.
 
Mr. Bloomberg focused his speech on the fact that talented entrepreneurs are taking their ideas and ambitions to other countries openly willing to host them.  Recently, during a speech at the NYC Stock Exchange, he stated that “If we keep the best and the brightest out of this country, all the next big things will happen outside this country… You look at people who say, ‘Oh, no, immigrants are going to kill us,’ and you wonder — they haven’t read history…They don’t understand anything about business. And it’s up to us educate them.”

Mr. Bloomberg has formed a task force of leaders, including mayors and CEO’s, to call for a path to legalization for the millions of illegal immigrants already in the U.S.  He has also called for less restrictive green card requirements to allow more educated and highly skilled immigrants to move here.

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President Obama Tells the Truth About Passing Reform

In a recent backyard discussion in Albuquerque, New Mexico, President Obama stated in response to an audience member’s question about comprehensive immigration reform that there are simply not enough votes in the Senate in favor of immigration reform at this time.  Specifically, he commented:

“Frankly, the problem I’ve had right now is that — and I don’t want to get into sort of inside baseball by Washington.  But basically the rules in the United States Senate have evolved so that if you don’t have 60 votes, you can’t get anything through the United States Senate right now.  And several years ago, we had 11 Republican senators who were willing to vote for comprehensive immigration reform, including John McCain.  They’ve all reversed themselves.  I can’t get any of them to cooperate.  And I don’t have 60 Democrats in the Senate.”

We will keep readers posted if conditions improve.  For now, we continue navigating the maze that is the current system.  Please don’t hesitate to contact our San Francisco immigration law firm if you need assistance with an immigration matter.

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Harvard Student At Risk of Deportation

Jun 15, 2010 by 1 Comment

Eric Balderas is an immigrant success story.  Originally from Mexico, Eric grew up in the U.S., graduated as valedictorian from his high school in San Antonio, and now attends Harvard as an undergraduate on a full scholarship studying molecular biology.  He aspires to be a cancer researcher one day. 

And yet, under our immigration laws, Eric Balderas is deportable. 

Eric is undocumented.   He came here as a young child with his parents from Mexico, a country which he does not even remember.  Recently caught by ICE, he is now in danger of being removed from the U.S. 

See: http://www.google.com/hostednews/ap/article/ALeqM5jnk7spK92rmzC439rdIValXaBvxQD9G9CJJ00  for the full story.

Eric is the poster child for the Development, Relief and Education for Alien Minors Act, or the DREAM Act, as it is known.  The bi-partisan DREAM Act, if enacted, would grant permanent resident status to undocumented immigrants who were brought to this country as minors if they enroll either in school or in the military.

Why the DREAM Act has not yet passed continues to defy logic.  What possible good can come from deporting someone brought here as a child, who, by virtue of having been raised here, is essentially American?  I have yet to hear opponents of the DREAM Act articulate anything other than mean-spirited and nonsensical rhetoric in response to this question.

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Immigration Reform: What’s Next?

Mar 23, 2010 by 2 Comments

In a recent article in the Wall Street Journal, Senators Schumer and Graham outlined a bipartisan proposal for immigration reform.   At the heart of the need for reform is the question of what to do with the 12 million or so undocumented immigrants living in the U.S.  As the idea of immigration reform gains momentum again, it surely won’t be long before we hear the shrill cries from the anti-immigration conservatives:  “No amnesty for people who break our laws!” 

Let’s get two things straight:  crossing an international border without being inspected is not a criminal offense, and the reforms proposed are no amnesty.  

First, immigrants do not cross our border illegally because they are inherently lawbreaking.  They do so because there is no legal channel for them to come to the U.S. to fill an entire sector of low-skilled jobs that, for the most part, U.S. citizens do not want. 

Second, an amnesty is a pardon, which this proposal is not.  Schumer and Graham propose to give the undocumented some type of non-permanent legal status (note: not a green card) only if: 1) they pay fines; 2) pay back taxes; 3) and perform community service.  This is no amnesty.  Two of these measures are even punitive.

For the record, many undocumented immigrants are already paying taxes, either because taxes are deducted from their paychecks, or because they are affirmatively filing tax returns with an Individual Tax ID Number, which anyone can apply for from the IRS. 

Most undocumented immigrants are law-abiding, peaceful, and hard-working.  Why should we punish them with steep fines for contributing to the growth of our nation’s economy?  And why should we force an entire class of people (who are often living in poverty despite working more than one job) to perform community service?  These two proposals strike me as completely unjust, disingenuous, and exploitative.

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Immigration Reform: Follow the Money

Nov 29, 2009 by No Comments

The Associated Press reported last week that pro-immigration political action committees have, for the first time in recent memory, raised more money in this election cycle than their anti-immigration counterparts.  Specifically, Immigrants’ List, founded by immigration attorneys and ImmigrationPAC, founded by immigrant advocates, have together raised nearly $100,000.  In contrast, groups hostile to the cause of immigration reform have raised only $71,000.  Hopefully, this is the sign of a turning tide that will be reflected in the national debate, which, during the Bush era, seemed to be hijacked by right-wing extremists. With a Democratic administration and Democratic Congress, this is the perfect time to begin the process of reforming our immigration system.  Hopefully the opportunity will not be squandered.

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An Inspiring American Story-Astronaut Jose Hernandez

Sep 17, 2009 by No Comments

Every once in a while, I read a story so inspiring, it renews my belief that the American Dream is alive and well.  Jose Hernandez is one such inspiring story.  The California-born son of Mexican migrant workers from Michoacan, Jose grew up picking cucumbers and tomatoes in the San Joaquin Valley.

As a kid, he excelled in math, and eventually became an astronaut after earning degrees in engineering.  Now a celebrity in Mexico, he recently appeared on Mexican television following a space shuttle voyage.  Jose was quoted as advocating for immigration reform and the legalization of the millions of undocumented immigrants in the U.S.

Apparently, NASA didn’t take too kindly to Jose’s remarks and tried to reign him in.  Hernandez responded as quoted in the The Los Angeles Times: “I work for the U.S. government, but as an individual I have a right to my personal opinions…[h]aving 12 million undocumented people here means there’s something wrong with the system, and the system needs to be fixed.”

Thank you, Jose, for telling it like it is and for inspiring millions of other immigrants and children of immigrants to pursue their dreams.

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