Immigration Update
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Your Trusted Immigration News SourceJuly 2010, Vol. 3, Issue 2
GLG NEWS
New Additions to GLG:
  • R. Oliver Branch - Associate Attorney for the Corporate  Practice
  • Heydee Villafuerte - Senior Paralegal for the Family/Deportation Practice
  • Katie Koschnick - Law Clerk
  • Ashley Roth - Law Clerk
Milestones:
  • Carrie Ziegler Thomas celebrated her 2nd anniversary with GLG in April.
  • Naomi Schueller celebrated her 6th anniversary with GLG in May.
Special Announcements:
  • We opened a Madison, Wisconsin office focused on our Family/Deportation Practice on April 1.
� Have you looked at our new website lately?  Let us know what you think!

�  Are you LinkedIn? Join Jerry's network to stay connected.

Presentations:
� May 7, 2010 - Jerry discussed the Arizona law and its impact on immigrants in Wisconsin as well as the difficulties all immigrants to the U.S. are facing. Click to listen.

� GLG has been featured bi-weekly on a local radio station (104.7 LaGran D) during their "Immigration Wednesday" program. 

� Jerry was a Speaker at the Government Open Forum panel at the 2010 AILA Annual Conference on Immigration Law in Washington, D.C.
Myth Busters
MYTH: Weak border enforcement has led to high rates of undocumented immigration!

The claim that increased border security would eliminate undocumented immigration is blathered on talk radio and asserted by policymakers all of the time. But, the truth is, we've been increasing border security for decades without success! Before throwing your hands up in frustration and defeat when you hear this myth, consider responding with these quick mythbusting facts!

FACT: Increased border security and the construction of border fences have done little to curb the flow of immigrants across the United States border. Instead, these policies have only succeeded in pushing border crossers into dangerous and less-patrolled regions, and increased the undocumented population by creating an incentive for immigrants not to leave.

FACT: Building a wall along the entire 2000-mile southern U.S. border would be prohibitively expensive. According to a study by the Cato Institute, rather than acting as a deterrent to those attempting to cross the border, increased enforcement has only succeeded in pushing immigration flows into more remote, less patrolled regions, resulting in a tripling of the death rate at the border and decreased apprehensions, and creating a dramatic increase in taxpayer money spent on making arrests along the border (from $300 per arrest in 1992 to $1,200 per arrest in 2002).

FACT: Most experts agree that the decline in the number of unauthorized immigrants is closely linked to the US recession and not to border security programs. Studies have found that historically, recessions affect unauthorized workers disproportionately, as they are more likely to work in industries that are sensitive to business cycles, such as construction, manufacturing, and hospitality. Additionally, statistics show that in 2009, there were 50% less apprehensions at the border than in 2006, a sign that there is less incentive for people to come to the US during recession.

AILA InfoNet Doc. No. 10050530 (posted May. 5, 2010)
 
The Department of Justice Sues Arizona Over SB1070
On July 6, 2010, the U.S. Department of Justice (DOJ) filed a lawsuit challenging Arizona Senate Bill 1070 (S.B. 1070), one of the most controversial anti-illegal immigration related laws in the country.  Read more �

Employers in the New ICE Age
U.S. Immigration and Customs Enforcement (ICE) is raising the stakes for employers who hire unlawful workers by pursuing criminal penalties for company owners, managers, supervisors and human resources (HR) employees.  Read more �
  
A Guide to Comprehensive Immigration Reform
The social, economic and political implications of CIR are many and far-reaching.  The thorough approach currently being debated may finally create a culture of acceptance and inclusion while providing an environment for economic growth and homeland security.  Read more �

H-1B Cap Update
As of July 23, 2010, approximately 26,000 H-1B cap-subject Petitions were counted against the cap.  In addition, CIS has receipted 11,300 H-1B Petitions for individuals with advanced degrees.  As a reminder, Petitions subject to the FY 2011 cap must request a start date on or after October 1, 2010, the first day of the
fiscal year.

If your company would like to file an H-1B petition for Fiscal Year 2011, please contact our office. We would also be happy to discuss this option with you.   
ATTENTION: New look for Permanent Residence Cards
U.S. Citizenship and Immigration Services (CIS) has redesigned the Permanent Residence Card adding several security features to prevent counterfeiting and tampering. The new card will offer technology designed to better serve law enforcement, employers and immigrants. The most obvious change will be the color; green for easy recognition. Applicants who apply for renewal or replacement will receive the newly designed card.
Possible Changes in Filing Fees 
U.S. Citizenship and Immigration Services has requested an increase for certain filing fees of approximately 10%.  However, CIS is also seeking to reduce fees for five individual applications and petitions.  We will keep you updated on the progress of this change.  
Courier Billing Options
If your company has a Federal Express or UPS account, we can bill your account directly rather than invoice you later for the charges.  Please contact Naomi Schueller at (414) 342-3000 to discuss options. 
GLG Employer
Compliance Services
  • I-9 Audit / Compliance Review
  • Social Security No-Match Policy
  • Mandatory E-Verify Requirement
  • Worksite Enforcement Policies
  • Pre-hiring, Discrimination and Post-employment Immigration Issues
  • Immigration Hiring and Reimbursement Policies
  • Mergers & Acquisitions Advice
  • H-1B Public Access File Compliance
  • Host an I-9 Webinar for your company
Quote of the Month
Are You Serious About Jobs?
"Immigrants don't stand in the way of economic growth-they actually feed it. Numerous economic studies from across the ideological spectrum show that immigrant workers are important to economic growth." Angela Maria Kelley, Gebe Martinez, Mar. 2, 2010.
Quick Links
The Department of Justice Sues Arizona Over Senate Bill 1070

 On July 6, 2010, the U.S. Department of Justice (DOJ) filed a lawsuit challenging Arizona Senate Bill 1070 (S.B. 1070), one of the most controversial anti-illegal immigration related laws in the country.  S.B. 1070, The Support Our Law Enforcement and Safe Neighborhoods Act, allows local law enforcement agencies, and federal immigration law enforcement, to interrogate and even detain people based on "reasonable suspicion" that they are unlawfully present in the United States.  Many believe that if S.B. 1070 is allowed to be enforced that all those in Arizona that look or sound foreign face the possibility of consistent harassment by police to confirm their citizenship. 
 
Proponents of the bill claim that the reasoning behind the new law is that people in southern Arizona are fed up with the drug smugglers, traffickers and gangs crossing the border into Arizona to commit illegal activities.  However, S.B. 1070 does nothing to address these issues. Contrary to opponents' fears that immigration is increasing our country's crime rates, a fact sheet issued by The Immigration Policy Center shows a decrease in Arizona crime rates over time and that states with high immigration levels have the lowest crime rates showing that unauthorized immigration is not associated with higher crime rates.
 
The crux of the DOJ's lawsuit is that S.B. 1070 violates the Supreme Clause of the U.S. Constitution by interfering with the federal government's authority to set and enforce immigration policy.  President Obama, in his July 1, 2010 speech on Comprehensive Immigration Reform, commented on S.B. 1070, calling the bill "ill conceived."  Democratic and Republican opponents alike take issue with the ambiguity of the bill's language.  S.B. 1070's broad instruction to police says that when there is "reasonable suspicion" that a person is unlawfully present in the U.S., a "reasonable attempt shall be made, when practicable" to check for documents.  The bill, however, does not clearly define "reasonable suspicion." 
 
Many believe that the vagueness of the bill's language leaves ample room for racial profiling.  In effect, S.B. 1070 mandates that all individuals in Arizona carry identification, which means that that all individuals, even U.S. citizens, not carrying evidence of their legal presence in the U.S. could be detained while their information is verified.  The lawsuit filed by the DOJ certainly will not end the controversies over S.B. 1070 or CIR, but may provide authorized visitors, immigrants, and U.S. citizens protection from detention and harassment.
Employers in the New ICE Age: Limiting Civil and Criminal Liability
 
U.S. Immigration and Customs Enforcement (ICE) is raising the stakes for employers who hire unlawful workers by pursuing criminal penalties for company owners, managers, supervisors and human resources (HR) employees.  In a recent speech on Comprehensive Immigration Reform, President Obama stated that "businesses must be held accountable if they break the law by deliberately hiring and exploiting undocumented workers." This message is consistent with U.S. Immigration and Customs Enforcement's (ICE) newly released Strategic Plan which states that one of ICE's primary objectives is "creating a culture of compliance among employers" with a two-pronged strategy.
 
1)     Aggressive Criminal and Civil Enforcement Against Employers Who Knowingly Violate the Law. Before the Obama Administration, ICE enforcement measures usually targeted unlawful workers with penalties for employers most often in the form of civil fines.  However, ICE's new strategy, based on the belief that the old approach was perceived by employers merely as a cost of doing business, will focus enforcement measures on criminal prosecutions.
 
Aggressive criminal and civil enforcement against employers will most certainly mean an escalation in employer audits and raids resulting in criminal arrests and fines, restitutions and civil judgments for "knowingly" violating the law. "Knowingly" can be a tricky legal concept because employers can also be held liable if they had "constructive knowledge" that a worker wasn't eligible for employment.  Constructive knowledge means that the employer "should have known."  Examples might include incorrectly completing I-9 Forms or where Social Security No-Match Letters are ignored or not handled correctly.
 
2)     Further Implementation and Expansion of Programs such as E-Verify and IMAGE.  The E-Verify program, a partnership of the Department of Homeland Security (DHS) and the Social Security Administration (SSA), is an internet-based system that allows employers to electronically verify the employment eligibility of all newly hired employees, regardless of citizenship. In 2009, participation in E-Verify became mandatory for all Federal contractors and subcontractors who are awarded certain contracts, on or after September 8, 2009, which contain the Federal Acquisition Regulation E-verify clause. Currently, E-Verify is optional for all other employers unless required by the State where they conduct business. 
 
The ICE Mutual Agreement between Government and Employers (IMAGE) program provides "Image Certification" to employers who submit to a myriad of requirements including an audit of the employer's I-9 Forms by ICE, participation in E-Verify, specific training and auditing policies and procedures, setting up a "tip line" by which employees can report violations or deficiencies and strict reporting requirements. 
 
In light of ICE's new Strategic Plan, many employers are looking limit their exposure to enhanced civil and criminal penalties.  To minimize our clients' liability, we work closely with them to develop and implement comprehensive employment eligibility verification policies and procedures that include proper I-9 training, self-audits and third-party audits. We also help evaluate the potential advantages and disadvantages involved in participation in the E-Verify or IMAGE programs. 

Please contact the Grzeca Law Group for additional information on how to limit your company's potential liability.

A Guide to Comprehensive Immigration Reform

Comprehensive Immigration Reform (CIR) has been a political debate for decades. Every time it surfaces in national debate, the familiar calls for closed borders and mass deportation to amnesty for all undocumented immigrants garners great discussion in the daily news. True Comprehensive Immigration Reform, however is not a one-sided extreme measure. It's a finely tuned plan aimed toward addressing each aspect of the currently broken immigration system.

First, CIR will address the issue of approximately 11 million undocumented immigrants currently living and working in our communities, the majority of who are law-abiding, hardworking individuals who pay their taxes and contribute greatly to our society. Under comprehensive measures, a path would be created for these immigrants to step out of the shadows and earn legal status before applying for permanent residency. In order to remain in the U.S., immigrants would be required to register, pay certain fines and any back taxes, learn English and remain law-abiding.

Second, CIR would restore already established laws and enhance border security. Most comprehensive plans would enforce effective inspections and screening practices, fair proceedings, efficient processing and define strategies that target lawbreaking employers. Appropriate border security practices would facilitate the cross-border flow of products and services, while focusing enforcement resources on those who do not follow the rule of law.

Equally as important, CIR would enhance the process for U.S. employers to hire essential workers through expanded recruiting programs, thereby ending an era of restriction. U.S. employers could resume actively recruiting worldwide for individuals in specialty occupations, including Scientists, Engineers, Mathematicians and Medical Professionals. One of the most common myths about CIR is that jobs will be taken away from American workers as a result of measures like these.  However, these highly skilled people are usually the best in their chosen field and help American businesses plant the seeds for future growth and economic stability. Furthermore, immigration actually supplements the U.S. labor force and helps create new jobs. Since 2000, the quota of H-1B visas extended for this purpose has decreased substantially from 195,000 per year to 65,000, hampering U.S. companies' ability to innovate at a rate equal to or greater than the global competition. CIR would also expand legal channels for essential workers in low- or semi-skilled occupations to work in the U.S., beyond a season-by-season basis.

On December 15, 2009, Congressman Luis V. Gutierrez from Illinois introduced The Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP) in the House of Representatives.  This bill includes the following elements as a pathway to legalization for undocumented workers:
  • The development of a fair and practical approach for the estimated 12 million undocumented immigrants living, working and raising families in the United States that leads to a path of earned citizenship.
  • Professional and Effective Border Enforcement:  A system based on 21st century enforcement strategies to strengthen our nation's physical and economic security, while staying true to our nation's values.
  • Smart and Humane Interior Enforcement:  The promotion of humane treatment of detainees, fair immigration proceedings and policies that respect the principles of community policing. 
  • Verification Systems:  Ensure the proper functionality of current employment eligibility verification systems to prevent employers from exploiting the system and undermine workers' rights.
  • Family Unity as a Cornerstone of Our Immigration System:  A focus that promotes keeping families strong, united and treating all immigrant families fairly and equally 
  • Future Flow of Workers:  The development of a guest worker program that is driven by economic need to ensure that the United States continues to attract the best and brightest from around the world.  The plan will propose an employment based visa system to align with the actual labor market demands.
  • AgJOBS:  A provision for agribusiness and labor to allow farm workers both legal protection and immigration status while enabling employers a legal workforce.
  • DREAM Act:  This will provide a path to temporary permanent residency and possible citizenship to undocumented children and students who have grown up in America and know no other home, to participate fully and be integrated quickly into our society as Americans by meeting specific requirements.
  • Promote Immigrant Integration:  Commit federal resources to help new immigrants overcome the many challenges that they face and assist them in becoming an integral part of America.
There is no question that CIR is necessary. President Barack Obama once again emphasized his commitment to revamping the United States' broken immigration systems during his State of the Union Address. The social, economic and political implications of CIR are many and far-reaching. The thorough approach currently being debated may finally create a culture of acceptance and inclusion while providing an environment for economic growth and homeland security. While pieces of the proposed plan may change to some extent in the months to come, we've learned from past administrations that complacency and "band-aid" tactics are ineffective, and CIR is a valid and critical issue of our time.
Grzeca Law Group (GLG) is a full-service AV-rated law firm dedicated to providing superior professional service to the immigration community by advising individuals on all aspects of immigration law. GLG works with families with a variety of immigration needs.

Immigration Update has been prepared by Grzeca Law Group, S.C. for informational purposes and does not constitute legal advice.  This information is not intended to create, and receipt of it does not consitute, lawyer-client relationship.  Readers should not act upon this information without seeking advice from professional advisors.