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Immigration News
July 24, 2014

DOL posted an alert on iCERT that as of 7/18/14, new password requirements for enhanced security were implemented. Within the next 90 calendar days, all iCERT users will be required to create new passwords that meet the new password requirements

Filed under: Uncategorized


July 22, 2014

The American Immigration Council reported that as the number of unaccompanied children arriving at the United States border has increased, some lawmakers have argued that children frequently disappear into the woodwork, and propose mandatory detention as a solution. Some say as many as 90 percent fail to attend their immigration court hearings. Yet government data recently published by Syracuse University’s Transactional Records Access Clearinghouse (TRAC) may indicate the opposite. Not only do a majority of children attend their immigration proceedings, according to TRAC, but 90 percent or more attend when represented by lawyers.

TRAC’s data, obtained through the Freedom of Information Act, examines 101,850 immigration court proceedings begun while a child was under 18, from Fiscal Year (FY) 2005 through June 2014. TRAC then reports the number of “in absentia” designations by courts in those cases. “In absentia”—Latin for “in absence”—is a term for a judicial hearing held without the individual present. Any delay in appearing at any immigration hearing may lead to a court removing someone in absentia, according to the Immigration Court Practice Manual and under federal regulations.

TRAC’s data, for the first time regarding cases begun while a child was under 18, allows comparison of the number of “in absentia” designations to cases overall. (EOIR previously reported “in absentia” numbers, but without breaking out children’s cases). TRAC’s data indicates that:

  • Children have been designated in absentia only 18.4 percent of the time. Thus, in 82.6 percent of cases, the child has either appeared in court or insufficient evidence exists for removal or relief, so far.
  • Similar rates exist for children released to U.S. family. In 79.5 percent of cases in which a child was released or never detained, and in a parent or guardian’s custody, the child has not been designated in absentia.
  • Although many recent cases are still pending, even in closed cases, children were designated in absentia only 31.2 percent of the time. 68.8 percent of children appeared in court.

Moreover, TRAC’s data indicates that children represented by lawyers rarely are designated in absentia:

  • 95.4 percent of children represented by lawyers have not been designated in absentia.
  • Similar rates exist even for children with US family. 95.1 percent of children represented by lawyers, and in a parent or guardian’s custody, have not been designated in absentia.
  • In closed cases, 93.5 percent of children represented by lawyers were not designated in absentia.

TRAC’s data, however, differs from verbal Senate testimony by immigration courts Director Juan Osuna on July 9 and July 10. Osuna, when asked by Senators John McCain (R-AZ) and Jon Tester (D-MT) about failures to show, responded by stating a 46 percent in absentia rate for juveniles. This is higher than data reported by TRAC, although still much lower than claims of “90 percent” failure rates, as Politifact reported (before TRAC released its data).

These data discrepancies seriously call into question the rationale for detention of children, even on efficiency grounds. (As to human rights, the United Nations has stated that detention is never in a child’s best interest, for immigration violations alone). Previous reports by the Department of Justice’s Inspector General have found fault with immigration courts’ recordkeeping.

Yet several bills proposed this week contain mandatory detention provisions for children—such as Senator Jon Cornyn’s (R-TX) and Rep. Henry Cuellar’s (D-TX) HUMANE Act; Rep. Goodlatte’s and Rep. Jason Chaffetz’s (R-UT) Asylum Reform and Border Protection Act; and Sen. David Vitter’s (R-LA) and Rep. Bill Cassidy’s (R-LA) bill. Before Congress passes bills requiring mandatory detention of children, at a minimum, data on failures to show must be better understood.

Moreover, the data calls into question lawmakers’ claims that children overwhelmingly fail to show for immigration proceedings. Substantiation of those claims has been fuzzy. For example, Sen. Jeff Flake (R-AZ) said that he heard 90 percent of children fail to show from House Judiciary Committee Chair Rep. Bob Goodlatte (R-VA), whose Judiciary Committee staffer said the number was anecdotal evidence, from a local “Los Angeles County sheriff’s detective,” quoted by conservative website Newsmax.com.

Lastly, given TRAC’s data, if Congress wants to ensure children attend proceedings, perhaps Congress should consider appointing lawyers to children. Lawyers are more cost-effective, humane and fair than detention. The Council and others recently filed a national lawsuit to provide lawyers to children in immigration proceedings.

 

Filed under: Uncategorized


July 7, 2014

Beneficiaries of approved H-1B petitions with a 10/1/14 start date may now begin filing their visa applications at U.S. consular posts.

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June 30, 2014

CNN reported that President Barack Obama said Monday he was starting “a new effort to fix as much of our immigration system as I can on my own, without Congress,” adding that he directed his team to recommend steps he can take this summer and that he would then act on those steps “without delay.”

Obama plans to take executive action on immigration reform after House Speaker John Boehner told him last week the House won’t vote on a comprehensive bill this year, a White House official said.

Obama will make a statement on immigration at the White House later Monday to announce some steps, including a request for emergency funds as the United States grapples with a surge of undocumented children and adults crossing the border from Mexico.

According to the official, Obama will order a shift in security resources to border regions and call for additional action he can take “without Congress but within his existing authorities to fix as much of our broken immigration system as we can.”

The President also sent Congress a letter asking that legislators work with him on providing additional money and leeway to deal with the situation on the southern border.

On Sunday, an administration official indicated the money will go to securing appropriate space for the detention of children but also stemming the tide of immigrants.

The government hopes to increase its ability to investigate and dismantle smuggling organizations as well as quickly return children and adults to their home countries if they do not qualify for asylum, according to that official.

So far, the federal government has struggled to process and accommodate the influx of illegal human traffic but specifically the spike in children.

U.S. authorities estimate that between 60,000 to 80,000 children without parents will cross the border this year in what the White House is calling an “immediate humanitarian crisis.”

Earlier in June, the White House announced a plan to spend millions in a government-wide response by sending aide to governments in Guatemala, Honduras and El Salvador to help with crime and violence prevention.

In mid-June, Vice President Joe Biden also spoke with leaders in the three countries as well as Mexico about working together to promote security.

Biden’s objective was to emphasize that adults arriving with their children in the United States don’t meet the requirements for a policy that defers deportation for children brought to the United States before June 15, 2012.

Obama also spoke with Mexican President Enrique Peña Nieto about the issue and has warned families who see the dangerous trip as the best option for their children.

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June 18, 2014

The Associated Press reported that Michelle Obama turned a flag-waving swearing-in ceremony for 50 new American citizens Wednesday into a platform to call for action on the long-bogged-down issue of immigration.

“In many ways, it is because of — not in spite of — our immigrant population that we grow stronger every single day,” the first lady told the newest Americans-by-choice.

Fifty people from 44 nations, from Afghanistan to Zimbabwe, took the oath in the historic setting of the National Archives rotunda, where originals of the U.S. Constitution, Declaration of Independence and Bill of Rights are displayed.

The new citizens waved small U.S. flags afterward, and each got a hug from the first lady.

Mrs. Obama was clearly speaking to an audience beyond the rotunda when she told the new citizens that “much of our success is because we still very much are a nation of immigrants.” She recited statistics on immigrants who start small businesses, serve in the military and contribute in the arts and sciences.

“Yet today in Washington, folks are still debating whether or not to fix our immigration system even though just about everyone agrees that it is broken,” she said.

Mrs. Obama said overhauling immigration policy was the president’s legislative priority and that he would keep fighting for it.

President Barack Obama has been pressing House Republicans to act, but they show no appetite to move on legislation to address the millions of immigrants living illegally in the U.S.

The president has been resisting calls from supporters of an immigration overhaul to move ahead unilaterally on the limited changes that he can do on his own.

Filed under: Uncategorized


June 14, 2014

The Board of Immigration Appeals has found that an applicant for asylum or withholding of removal is entitled to a hearing on the merits of those applications, including an opportunity to provide oral testimony and other evidence, without first having to establish prima facie eligibility for the requested relief.

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June 9, 2014

The American Immigration Council reported that U.S. Citizenship and Immigration Services (USCIS) announced the renewal process for hundreds of thousands of young noncitizens who received a grant of Deferred Action for Childhood Arrivals (DACA). Renewal of DACA ensures current DACA holders will continue to be safe from deportation for another two year period.  In addition, they will continue to have work authorization and to be eligible to receive a social security number, and, in nearly every state, a driver’s license.

The renewal announcement comes not a moment too soon. Because DACA recipients are encouraged to request renewal between four to five months ahead of their expiration date to avoid a lapse, the earliest major wave of DACA recipients – who received their DACA grants in September and October of 2012 – will need to act right away. Although DACA recipients who seek to renew must complete multiple applications and submit to a background check, most will be pleased to discover that the renewal process is relatively straightforward and that most DACA recipients should qualify for renewal.

USCIS has made clear that individuals who initially qualified for DACA will be eligible to renew unless they engaged in certain criminal activity, departed the country without the government’s permission, or stopped residing in the United States. No one with DACA will be too old to renew – indeed, as previously explained, it is impossible to age-out of the DACA program. Moreover, individuals enrolled in school at the time of their initial application will not be disqualified if they had to stop attending to see to other life responsibilities.

To request renewal, DACA recipients will have to file an updated and slightly shorter version of the DACA application as well as two applications related to work authorization, pay a filing fee of $465 (unless exempt), and submit to a background check. Despite the paperwork, DACA recipients will find the renewal process easier than the initial application process when it comes to supporting evidence. Where initial requestors were required to produce a substantial amount of evidence demonstrating, among other things, their residence in the United States since June of 2007, many renewal requestors will not need to include any supporting documentation at all.  Only those renewal requestors who received DACA from Immigration and Customs Enforcement (ICE), rather than USCIS, and those with new documents involving removal proceedings or criminal history that were not previously submitted, will be required to submit evidence along with their application.

Timing will be key for renewal requestors who don’t want their DACA to lapse.  A lapse in DACA could result in a loss of work authorization and a driver’s license. To avoid these and other severe consequences, DACA recipients are encouraged to apply for renewal roughly four months before their expiration dates. This should give USCIS ample time to adjudicate the renewal request.  And, according to USCIS, those who responsibly file far enough in advance of their expiration date may be given an automatic extension in the event of a processing delay.

Despite the excitement around renewal, the 1.15 million potential DACA applicants who have not yet filed an initial application should not mistakenly conclude that the application period has ended. Indeed, the agency continues to accept roughly 10,000 new applications each month. Moreover, neither the administration nor USCIS has ever indicated that DACA would sunset, though some members of Congress have attempted to defund the program. Initial registration remains open.

With the unveiling of the details surrounding the renewal process, there is cause to simultaneously celebrate the program’s longevity and gnash our teeth in frustration over Congress’s failure to create a permanent solution for these young people and for the country. Unless and until Congress passes immigration reform, the best option on the table for many young aspiring Americans may be DACA.  But, as President Obama said when he announced the DACA program, “these kids deserve to plan their lives in more than two-year increments.”

 

Filed under: Uncategorized


June 5, 2014

Vox reported that the tech industry has become one of the biggest interests lobbying for immigration reform, for a straightforward reason: they say they can’t find enough qualified workers here in the US. If the government issued more high-skilled visas, they say, they could hire immigrants to fill their vacancies — and the greater capacity would allow them to hire more US-born workers, and pay them more, as well. Some economists and others question whether that’s true, or whether companies simply prefer to hire immigrant workers (over whom they have more control) rather than native-born ones.

So when tech companies hire high-skilled immigrants, do US-born workers prosper or suffer? Or to invert the question: under the current system, in which some companies get to hire high-skilled immigrants and some companies don’t, where do US-born workers do better?

In 2007 and 2008 (and then again last year and this year), so many companies and immigrants wanted high-skilled visas that the government selected random applications that had been sent by the first day visas were available until it had given out all 65,000 of the visas it had. That was bad news for the tens of thousands of immigrants who put in applications but weren’t able to make it through the lottery. But it provided an easy way to test this question: a randomized experiment, in which the cities with better luck in the H-1B lottery could be compared to the cities with worse luck.

That’s what a new study from the Partnership for a New American Economy, a group that advocates for increased immigration from an economic perspective, examined. What they found: when companies have worse luck in getting high-skilled visas, it’s bad news for the tech sector in their city — and especially for US-born computer workers who don’t have college degrees.

What they measured

The study looks at how different cities fared in the visa lotteries in 2007 and 2008 — right before the financial crisis and most recent recession. In particular, it calculates how many H-1B applications for jobs in that city got rejected in the lottery over those two years — and how much it would have affected the size of the city’s tech sector if there had been enough visas to let those immigrants come.

Chicago, for example, had an average of 7,410 visa applications that didn’t get through the lottery in 2007 and 2008. But because there were already 89,503 people working in computer-related jobs in Chicago before that, the “shock” (negative impact) of not getting those visas was only 8.3% — still high, but not that high. Detroit, on the other hand, had about 5,386 visas rejected those years — for a tech sector that only had 40,000 people beforehand. So Detroit missed out on the chance to expand its computer workforce by 13.3%, just by not getting those visas approved.

After determining which cities had gotten relatively lucky in the visa lottery (by getting more visas approved, or having a larger tech sector already that made rejections less significant) and which cities had been unlucky, the study’s authors looked at employment trends in the computer industry before 2007-2008, and then again during the recession.

The tech sector in the 236 cities covered in the study actually didn’t do terribly during the recession: it created almost 110,000 jobs from 2005-06 to 2009-10. But the point wasn’t to look at whether companies hired more people in 2010 than they had in 2006. The point was to figure out whether cities that had bad luck in the visa lottery looked different in terms of their post-recession employment from cities that had less bad luck.

What they found

The study found that cities with bad luck in the 2007 and 2008 visa lotteries really did take a hit to their computer sectors — and the US-born workers in them. They generated slightly fewer jobs for native tech workers with college degrees than cities that had better luck, but many fewer jobs for tech workers without college degrees. For every 1 percent in “shock” from H-1B rejections, the number of jobs available for US-born tech workers without college degrees grew 7 percent slower during the recession. (For US-born workers with college degrees, it was 1.3 percent slower.)

In total, the study finds, had everyone who applied for an H-1B visa in time gotten one in 2007 and 2008, the tech industry could have added at least 60,000 more jobs by 2010 than it did for US-born tech workers — and as many as 231,000. So a single tweak in immigration policy could have caused tech sector growth to triple in the teeth of the recession.

Who was most affected

The study, and most research into how high-skilled immigration affects US-born workers, points out that not everyone who works in the computer industry has a college degree. (By the same token, not everyone with a STEM degree goes into tech. That isn’t relevant to this particular study, but it generally makes it difficult to figure out whether or not there are already “enough” tech workers in the US without increasing immigrant workers.) And the effects of bad luck in the H-1B visa lottery were very different for native-born tech workers with degrees, and those without them.

Bad luck in the H-1B lottery, according to the study, meant that companies created far fewer jobs for computer workers without college degrees: the support staff who would have complemented the new immigrant workers. Every 1 percent of “shock” from H-1B rejections meant that the number of jobs in a city for US-born tech workers without degrees grew by 7 percent less than it would have.  But US-born workers with college degrees didn’t do nearly as badly: their job growth only fell 1.3 percent.

Where US-born workers with degrees did suffer from the bad luck of their cities was in wages. Every 1 percent in “shock” hurt wages for tech workers with degrees by .26 to .79 percent. In practice, the average US-born, degree-holding tech worker would have made $861 to $2,672 in a world where high-skilled visas were available to everyone who applied.

So the results of the “experiment” the government accidentally created with its visa lottery, according to PNAE, are this: trying and failing to get high-skilled immigrants to your city means fewer jobs for US-born tech workers without college degrees, and lower wages for US-born tech workers with them. Whether or not the tech industry is trying to pit immigrant workers against native-born ones, this study indicates that hiring more of the former really would allow them to hire more of the latter.

Filed under: Uncategorized


June 2, 2014

Effective June 1, 2014 Forms I-693, Report of Medical Examination, must be submitted within one year of completion and signature by the civil surgeon, and will be valid for one year after submission to USCIS. However, applicants will no longer be required to file the Form I-693 as initial evidence with an adjustment application. USCIS will hold an engagement on June 12, 2014 to address questions relating to the new policy and provide guidance on filing Form I-693. Registration information to come from USCIS.

Filed under: Uncategorized


May 20, 2014

The American Immigration Council reported that U.S. Citizenship and Immigration Services (USCIS) posted new Deferred Action for Childhood Arrivals (DACA) statistics on Thursday, revealing that over 550,000 individuals have now been granted DACA. The data, which is current through March 2014, indicate that USCIS has accepted nearly 650,000 requests. Over the past six months, the agency has accepted roughly 500 applications per day. Later this month, USCIS will release the new dual-use form that will serve for both initial and renewal applicants, which is sure to lead to an influx of renewal requests as well as new DACA applications.

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