Greetings! Beach-Oswald Immigration Law Associates is committed to providing you with this newsletter to keep you up to date with information regarding immigration law and other issues that affect you! Read on for our December 2011 e-newsletter edition! We would also like to wish you and your families a happy and healthy new year!
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 Recent Successes
Premium Processing Approval of an L-IA in 5 days for a French citizen to work for a company in the U.S.
Ms. Z, a native of Cameroon, was granted asylum by the Arlington Immigration Court. Ms. Z was arbitrarily arrested, detained and tortured on account of her political opinion, namely her affiliation with the UDC, an opposition political party in Cameroon.
Ms. W, a native citizen of Sierra Leone,was finally awarded her lawful permanent residence by the Baltimore Immigration Court. Ms. W.had entered the US roughly thirteen years ago, when she was only eleven years old. USCIS had previously denied her application for her green card, falsely alleging that she had engaged in fraud when she entered the country on a false passport. However, BOILA successfully established that because Ms. W was a minor child when she entered the US, she cannot be held culpable for having knowingly committed fraud when she entered the US.
Ms. K's I-130 petition was approvedby the Houston, Texas USCIS Field Office. Because Ms.K is in removal proceedings, BOILA travelled to Houston to assist Ms. K and her US citizen husband for their I-130 interview. Since her I-130 petition has been approved, Ms. K is now able to seek her permanent residence before the Houston, Texas Immigration Court.
Mr. F, a native citizen of Cameroon, had his asylum case remanded to the Board of Immigration Appeals (BIA) by the Fourth Circuit Court of Appeals. After BOILA filed its brief on appeal in support of Mr. F's case, BOILA convinced the Office of Immigration Litigation to consent to a Joint Motion to Remand. This is a huge success and BOILA hopes the BIA will agree to remand Mr. F's case back to the Baltimore Immigration Court for further proceedings.
Mr. D.G., a native of the Philippines, as well as his wife and three children, were granted permanent residence based on employment. BOILA had previously assisted Mr. D.G. in getting his Form I-360, Petition for Religious Worker, approved and based on such approval, Mr.D.G. and his family have now obtained their green cards.
With BOILA's assistance, Mrs. B's immediate relative petition and green card application filed on her behalf by her US citizen son were approved by USCIS. She had lived here illegally for 22 years without seeing her home country of Peru. Such a fate is not uncommon under our present immigration system, or lack thereof.
Ms. N, a native citizen of Cameroon, was granted asylum by the Arlington Immigration Court. Ms. N was a human rights activist in her native country, who fled political persecution on account of her human rights activism.
Ms. Y's motion to reopen was granted by the BIA and her removal proceedings were terminated, allowing her to pursue her green card before USCIS. Despite the fact that Ms. Y was ordered deported many years ago, the BIA agreed with BOILA's arguments that the approval of her Form I-730, Asylee Relative Petition, warranted sua sponte reopening.
Mr. N.M. and his family had much to celebrate this holiday season. After many years of efforts by BOILA, Mr. N.M.'s proceedings were terminated. Mr. N.M. was ordered deported in 1999. He had several Motion to Reopens denied. Earlier this year, BOILA successfully convinced DHS Immigration and Customs Enforcement officials that the numerous equities in his case warranted reopening. Accordingly,the BIA recently granted BOILA and DHS' Joint Motion to Reopen and Terminate, allowing Mr. N.M. to seek his green card through his marriage to his US citizen wife.
Ms. E, a native of Sweden, was granted her conditional permanent residency by the Fairfax, Virginia Field Office.
Ms. M, a native of Cameroon, was naturalized and has become a US citizen.
Despite a criminal conviction and delays by USCIS finally, BOILA also assisted Mr. S, a native of Senegal, in his efforts to obtain US citizenship. |
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Misconceptions about Immigration Assimilation
 It's time for the anti-immigrant movement to take notice of the fact that immigrants are assimilating into the United States and contributing to the well-being of the American people. Political analyst and two times Presidential candidate Patrick Buchanan is perhaps best known as the leader of the anti-immigrant movement, as seen in his prior statement: "The question we Americans need to address, before it is answered for us, is: Does this First World nation wish to become a Third World country? Because that is our destiny if we do not build a sea wall against the waves of immigration rolling over our shores...Who speaks for the Euro-Americans, who founded the USA?...Is it not time to take back America?" In spite of such xenophobia from Mr. Buchanan, a recent study by the Center for American Progress highlighted the success that immigrants are making as they assimilate in the United States. The study noted "we found that immigrants are following the path of their predecessors and assimilating just as rapidly today as they did in the past." The study highlighted the accomplishments of ICE since 1990 and the accomplishments that these groups will achieve by 2030. Of most interest: - The number of immigrants who are expected to own homes will increase to 71.9% in 2030. This figure was at 25.5% in 2000.
- The number of immigrants who attend college will increase from 22.6% to 31.1% by 2030. The number of immigrants who complete high school will increase by nearly 13%.
While some Americans are fearful of immigrants taking the jobs of those born in the United States, the study also highlights how the retirement of baby boomers will grow the labor force and increase the need for all those residing in the United States. A separate study conducted by the Manhattan Institute noted other interesting facts about assimilating: - Immigrants from Vietnam, Cuba, and the Philippines have the highest rates of assimilation.
- There is no significant difference in assimilation between immigrants from developed countries and those that are not developed.
These studies have clear policy implications that our leaders should take into consideration. While employment based immigration is often times seen as a way to advance the U.S. economy and society, family based immigration is also playing a large role in contributing to this country. Therefore, the cap for Family Preference Categories should increase. Additionally, this cap should specifically be increased for the Philippines. Although Filipinos are quick to assimilate, the back log for fourth preference family visas (brothers and sisters of US citizens) dates back over 20 years. However, with so much cultural assimilation, there are questions as to whether the US remains a cultural melting pot. This country has prided itself on being welcoming to people of all countries and allowing them to continue to practice their cultural traditions in the United States. Although assimilation is an important goal for all immigrants, they shouldn't be pressured to abandon their native cultures in their quest to assimilate to life in the United States. |
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ICE Goes too far...Again. What can be done to stop them?
Although Immigration and Customs Enforcement (ICE) is attempting to implement a new policy that focuses its deportation efforts on criminals, the 2008 arrest of Anthony Clarke shows the disturbing nature of ICE's growing power and its lack of respect for one's right to due process.
Mr. Anthony Clarke is but one of 4,000 US citizens identified in a Northeastern University study who have been detained by ICE officials in recent years. Mr. Clarke is a Jamaican immigrant who came to the United States as a teenager. He was able to naturalize when his mother was granted citizenship in 1975. In the mid-1990s, he was arrested on four separate occasions for marijuana possession. Although this would have been a deportable offense under INA 237 as a controlled substance violation for an immigrant, ICE officials failed to recognize that Mr. Clarke was a naturalized US Citizen.
Mr. Clarke spent 38 days in ICE custody. Additionally, government records from both FBI and ICE at the time of his arrest indicated that he was a US Citizen. Although he lived in Indiana, ICE chose to transport Mr. Clarke to South Dakota for his detention. He is now fighting back as he is requesting over $1 million in damages from the US government. In an interview with the Minneapolis Star Tribune, Mr. Clarke stated
"Here I am, a citizen ... I didn't know what to think or why they would do this to me." Clarke, a house painter, has lived in the Twin Cities since 1974. "All I've got to say is make sure you have your papers right - which I thought I did - and get a good lawyer. Mine is like a bodyguard now."
Unfortunately, Mr. Clarke's case isn't the only one that has recently been highlighted by the press. The New York Times highlighted how the Secure Communities Program has led to the detention of other U.S. Citizens. The case of Mr. Montejero, a US Citizen born in Mexico, is particularly egregious. Despite having his driver's license and other legal forms of identification on hand at the time of his arrest for petty theft, ICE had sent an immigration detainer to the local jail with an order to hold Mr. Montejero so they could put him in removal proceedings. It was only after the ACLU got involved and showed ICE his American passport and certificate of naturalization that he was released four days later.
There is much cause for alarm with ICE's behavior. Although the behavior of the FBI is often under scrutiny from the Department of Justice, the Department of Homeland Security has clearly given ICE too much power in detaining immigrants. Although ICE is now promising to investigate the arrest of Mr. Clarke and other naturalized US citizens, their repeated pattern of abuse must be stopped before it happens. Additionally, Immigration Courts have an obligation to get involved. Furthermore, those detained by ICE who claim US citizenship upon arrest should have counsel provided at the government's expense. While an individual in deportation hearings is not entitled to government funded counsel, an exception must be made here to protect the constitutional rights of all US Citizens. With these safeguards, the government can try to make sure that cases such as Mr. Clarke don't happen again. |
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Drop the DREAM Act Opposition
Joaqin Luna had all the trappings of a bright future. He was ranked in the top 20% of his high school class of over 450 students. He dreamed of being a civil engineer. Additionally, he was dedicated to caring for his diabetic mother.
The only problem that Joaqin Luna faced was that he was an illegal immigrant. Born in Reynosa, Mexico, Joaqin faced continued difficulties in his effort to try to assimilate and take advantage of the resources in this country. In particular, his lack of legal status made getting a part time job or applying to colleges and universities a nearly impossible task.
Given that he knew the difficulties facing him, Joaqin did the most drastic thing possible and committed suicide the day after Thanksgiving. His family believes that his immigration woes led Joaqin to commit suicide. In response to this tragic news, students across Texas have begun to protest with signs stating "I am Joaqin" to pressure state leaders to pass the Dream Act.
Several other states continue to debate the Dream Act. Most recently, the fight has moved to California with AB 131. AB 131 will allow illegal immigrants in California to obtain critical state funding in order to further their education. The University of California system has been a staunch advocate of AB 131 as they believe these hard working and dedicated students should not face obstacles because of their economic or immigration status. There is much opposition to AB 131 by the Tea Party as they have already collected 505,000 signatures in the state of California to show their opposition to the bill. Their concerns focused primarily on the high costs for the state of California with AB 131 as California is already facing bankruptcy.
In Maryland, Dream Act opponents have lead an effort to have the Dream Act decided by Maryland voters in a referendum. Dream Act supporters in Maryland have struck back as they believe there should be no referendum on the Dream Act because it qualifies as a spending bill and therefore cannot be subject to referendum under Maryland law. The Maryland version of the Dream Act would cost the Maryland state government an estimated $778,000 next year.
With the death of Joaqin Luna, individuals in California, Maryland, Texas and every state debating the Dream Act must realize that there are larger personal ramifications to their decisions. The Dream Act is not an issue that will merely affect state coffers. It is an issue that has the ability to impact the future of thousands who dream for a better life in this country. For those that are hoping the Dream Act will pass, the emotional toll is great as shown in the case of Joaqin Luna. For the sake of Joaqin and thousands of illegal immigrant students that have dreams of success in this country, it's time to stop opposition to the Dream Act.
Source: The New York Times of December 11, 2011 |
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 Turkey - The Bridge between East and West
Turkey is a nation conflicted by two different and distinct identities; Secularism and Islamism. To be a secularized nation, equality and consideration for people's beliefs and ideology need to be considered. A nation should be able to keep a balance between religion and public affairs with the realization that both concepts and ideals are not correlated or synchronized. Turkey has been plagued with this issue for years; but was able to have a modernized state, while still upholding the Islamic views and ideology.
Secularization was introduced to Turkey in 1920, deeming it possible to be Islamic and still modern. Soner Cagaptay from the Foreign Affairs states, "Starting in the 1920's with Mustafa Kemal Atatuk, Turkey's first president, the country's Kemaalist politician tried to emphasize the unifying power of nationalism. Turkish nationalism was secular in the sense that citizens were expected to be westernized but could still be Muslim if they chose."
Turkey's move towards secularization definitely helped boost its reputation in the international community, as well as its application to become an official member of the EU. To ensure that the nation abides by this concept, the constitution gives the military the ultimate power to enforce a balance between secularism and Islamism in the nation. However, things are changing. The Prime Minister Tayyip Erdogan plans to write a new constitution, and with his party holding the majority in parliament, objections are unforeseeable. So does this mean that Turkey has begun to lose its ability to balance secularism and Islamism?
Currently, Prime Minister Tayyip Erdogan is working towards developing a relationship between Turkey and the Arab World, with the aim of getting recognition from the Middle Eastern nations. He aspires to make Turkey a hegemon for the Arab nations economically and culturally. Mr. Erdogan set his plan in motion with his trip to Kuwait. Amberin Zaman "an Istanbul based jouranlist" from BBC News states, "On January, before an audience of eminent Islamic scholars in Kuwait city, Turkish Prime minister Recep Tayyip Erdogan was awarded the 'outstanding personality in the Muslim world' prize. Mr. Erdogan elicited cries of "Allahu Akbar" (God is great) as he launched into a passionate tirade against Israel and its treatment of the Palestinians in his acceptance speech".
Prime Minister Tayyip Erdogan's dissatisfaction with Israel, a nation highly protected by the west, will boost Turkey's reputation amongst radical Islamist in the Middle East. However, his trip to Kuwait was not simply focused on politics, it was also centered on business. Amberin Zaman asserts that, "Some 358 Turkish business men eager to cash in on Kuwait's $140bn (€88bn Euro) five year infrastructure spending budget traveled to Kuwait with the prime minister." Mr. Erdogan seeks to expand and grow Turkey's economy, and he has taken this controversial step towards accomplishing his goals.
Furthermore, Prime Minister Tayyip Erdogan traveled to other countries like Egypt, Tunisia and Libya, where he was handsomely welcomed by the youth and considered to be the "King of the Arab Street". Although most youth in these nations see Mr. Erdogan as a great inspirational man, others like the Egyptian Muslim brotherhood see him as a liberal Muslim who adheres to nationalist views.
Turkey's close relations with the Arab world have gotten the international community alert. The general assumption is that with their EU application lagging they have turned to the Arab nations to certify that strength in the Middle East. Regardless, Turkey states that joining the EU is a priority. However, Turkey's growing relationship with the Arab world might have a detrimental effect on its application. In spite of the controversy, Prime Minister Tayyip Erdogan remains an ally with NATO specifically the US. Steven A Cook from the Council of Foreign Affairs states, "The United States has been squarely shoulder to shoulder with Turkey in identifying the PKK as a terrorist organization. Since November 2007, the United States has been supplying real time intelligence to the Turkish armed forces so that they can better Ultimately, the immense fear for the international community and the U.S. is Turkey losing its ability to balance secularism and Islamism. In the end, Turkey might be forced to choose between the two identities. So, which identity will they stand behind- fundamentalist Islamism or true secularism? |
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The Darkest Side of ICE Detention Centers 
On any given day, there is an estimated 33,000 individuals under the detention authority of Immigration and Customs Enforcement (ICE). Annually, the number of detained immigrants totals 390,000. Many of these detainees have suffered terrible persecution in their home countries and faced appalling hardships in coming to the United States. At minimum, the Department of Homeland Security could ensure their safety and security in detention centers. Unfortunately, it is failing to do so.
NPR recently noted that in the past five years, over 200 immigrants have filed complaints of sexual abuse while detained by ICE. The NPR also noted a particular case in which a Chicago officer failed to act after he was notified of the sexual abuse of a detained immigrant. Detained immigrants who are being sexually abused are regularly requesting HIV tests and medical exams, but DHS has been slow to comply with their requests. The International Business Times highlighted other aspects brought to light by the Immigrant Justice Center and the Midwest Coalition for Human Rights. Given that detained immigrants are often in the same detention facilities as common criminals, they are often treated as targets in the state controlled prison system. As ICE increases its deportation efforts through a myriad of programs, including Secure Communities, it is forced to contract with state and local authorities, in addition to private companies, to handle the increase in the detained immigrant population. The Corrections Corporations of America, a private company that runs detention centers, was specifically signaled out as having a "record of egregious human right violations including the death of an immigrant detainee and incidents of sexual abuse, even as its profits have grown in past years."
In addition, near the end of the year it appears that ICE has forgotten to focus on criminal aliens and instead is arresting any overstays or final orders in an attempt to meet its quota for the year. Also ISAP officers who are contractors refuse to remove electronic gear from ankles and have burdensome reporting requirements that conflict with the ability of the person to hold a job. All this appears to favor its own budget over the well-being of the nation and risk of flight issues. The detention centers that are operated by ICE aren't much better. In spite of a new federal law that attempts to increase the security of inmates in federal and state prisons, the DHS is actively seeking an exemption for its detention centers.
With immigrant detainees often transported to remote locations where they have both logistical and financial difficulties in receiving legal representation, this problem is only going to increase. The United States has always prided itself as being a country that allows for humanitarian forms of relief. The sexual abuse that these immigrants have faced in detention centers is an egregious violation of what this country stands for.
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Danielle Beach-Oswald has been a member of the American Immigration Lawyers association for over twenty years.
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DOS Priority Dates |  | |
As of January 1, 2012
For nationals of all countries but India, China, and the Philippines
F1 - Unmarried Sons and Daughters of US Citizens - October 15, 2004
F2 - Spouses and Children of Permanent Residents - April 22, 2009
F3 - Married Sons and Daughters of US Citizens - November 1, 2001
F4 - Brothers and Sisters of Adult US Citizens - August 15, 2000 |
Country Profile: Pakistan - Friend or Foe to Asylum?
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Most people who are prosecuted in their various countries seek asylum in the US for safety reasons. Generally, most asylum cases do not attract considerable media attention.
Pamela Constable from the Washington Post wrote an article on Siraji Ahmed Malik, a Pakistani journalist who was granted asylum because of the threats against him and the persistent disappearances and deaths that occurred in his hometown of Baluchistan.
Realistically, there are multiple reasons why Pakistan has created opprobrium in the media, as many perceive it to be a country that has engaged in continued connivance and subterfuge, as regards terrorists hiding there.
However, why has this asylum case drawn media attention as compared to other asylum cases?
Pakistan is currently a topic of concern due to the recent Bin Laden killing, and also because of the amount of foreign aid sent to Pakistan from the U.S.
According to Jane Perlez from the New York Times, " The aid program promoted by Senator John Kerry, Chairman of the Foreign Relations Committee, promised Pakistan $7.5 billion over five years, much of it delivered through the civilian government".
Additionally, the Republican Presidential candidates have taken the initiative to discuss the dysfunctional relations between the U.S. and Pakistan. While candidate Michele Bachman supports the continuity of the relationship, Rick Perry promotes the severing of ties. In the end, there is no doubt that these reasons play a role in the attentiveness given to this particular recent Pakistan asylum case.
Hightlighted in The Washington Post article are extensive discussions of the threats, disappearances, and torture that the journalist and other activists encountered from the Pakistan military intelligence agencies. As a journalist, Malik talked about the reoccurring disappearances and deaths happening in Baluchistan, his hometown. As his friends and colleagues were disappearing, he learned that their bodies were being discovered with bullet holes and burn marks. He states, "a fellow reporter was kidnapped, and his corpse was found near a river".
Pamela Constable goes on to state that, "Baluchistan is the wild west of Pakistan - a remote desert province, larger than France, that is home to a mix of radical Islamic groups, rival ethnic and refugee's gangs, rebellious armed tribes, and security agencies that have long been reported to kidnap, torture and kill dissidents with impunity".
In actuality, the Human Rights Watch does back up Siraji Malik's facts from several sources.
On July 23rd, 2011, the Human Rights Watch published a 132 page report titled "'We Can Torture, Kill or Keep You for Years: Enforced Disappearances by Pakistan security forces in Balochistan." This report documents disappearances that the authorities have relentlessly revoked any responsibility for. According to the Human Rights Watch, "The report details 45 alleged cases of enforced disappearance, the majority in 2009 and 2010."
Although the U.S. and U.K have urged the Pakistani government to control terrorism, they have not, in the past, pinpointed Pakistan's human rights record or deviance in often spurious reports.
Hence, it may seem odd to a journalist like Pamela Constable that the U.S. would grant asylum from a country that is supposedly our ally. She comments, "It was a highly unusual decision by US immigration officials, given Pakistan's status: a strategic partner in Washington's war against Islamic terrorism; a longtime recipient of US aid; and a democracy with an elected civilian government and vibrant national news".
The protection of an individual should be the utmost priority to the U.S. regardless of its relationship with the specific country and its government.
The Immigration and National Act states in INA Section 208 that aliens who fear for their lives or freedom due to threats based on "race, religion, nationality, membership in a particular group, or political opinion" can claim protection in the U.S. Thus offering asylum to Siraji Malik was mandated.
There are numerous countries, such as Egypt, that are allies with the US but still have some form of persecution that their fellow citizens' encounter. As a result, most of these citizens eventually seek asylum in the US. Hence, the issue at hand should not be Siraji's asylum case approval, but rather the blind eye the U.S. has turned towards the crisis in Pakistan. |
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Capitol Hill Updates
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Although many believe there is little hope for bipartisanship on Capitol Hill, in a vote of 389 to 15, the U.S. House of Representatives passed "the Fairness for the High-Skilled Immigrants Act."
This bill seeks to adjust the number of employment and family based visas available. There are 140,000 employment visas that are available each year with each country only allocated 7% of that number. The bill will still preserve the 140,000 limit but more importantly, will not place the 7% restriction for each country.
In the family based immigration category, there are also many other areas of praise. In particular, the bill seeks to decrease the backlog of Mexican and Filipinos. The current limit of 226,000 family issued green cards will still remain in place but the numbers available per country will increase from 7% to 15% of the country total.
The New York Times of November 29 predicted that the biggest beneficiaries are going to be masters and doctoral candidates from China and India. Given the current backlog with certain employment visas, some immigration lawyers believe that Indians will face a 70 year backlog to wait for an employment based visa.
This bill on Capitol Hill comes after corporate entities have lobbied Congress to reform the employment based visa categories. Additionally, there is no worry that Americans would lose out on their jobs as this will simply redistribute the number of employment visas available rather than increase their number.
With the overwhelming passage of this bill in the House, it will hopefully quickly pass the Senate. More importantly, it shows that some bipartisanship is still possible.
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