H1B Visa Lawyer Blog

The 112th congress which will begin its term on January 3, 2011 is likely to introduce many new proposals such as ones raising penalties for immigration related crimes, initiatives that make the removal of convicted immigrants easier, the enforcement of immigration law at state/local level, increased funding for border patrol, and increased inquiry into DHS practices. In the 112th Congress, Lamar Smith (R-TX) will most likely be named the Chair of House Judiciary Committee since he is already the current Ranking member and Steven King (R-IA) is also predicted to become the chair of the House Subcommittee on Immigration.

Some of specific initiatives include expanding the 287(g) which allows local police officers to enforce federal immigration laws and policies, expanding Operation Streamline which is a program that already prosecutes first time border crossers, and making unlawful presence in the US a federal crime. Smith was also the founder of the Illegal Immigration Reform Responsibility Act (IIRIRA) of 1996 which put into effect expedited removal of aliens that deprived them of a formal hearing before a judge, mandatory detention under 236 (c), as well as limitation of judicial review on final orders of removal. Smith also passed H.R. 4437 in the House on December 16, 2005 which would have implemented provisions such as: requiring DHS to hold all individuals seized at ports along the border until they were deported or admitted to the US, creating a single-judge certification process for removal orders review, and expanding the definition of aggravated felony.

Since the recent mid-term election which resulted in a Republican majority in the House of Representatives, many conservative lawmakers have begun introducing an over 300 bills including those that would crackdown on illegal immigration and require a photo ID to vote. Representative Debbie Riddle, R-Tomball, camped outside the House chamber just to be the first in line to submit propositions that included voter ID and legislation that would allow police officers to arrest illegal immigrants. In addition, many lawmakers submitted legislation that would call for all state and local governments to participate in the E-Verify system. Many lawmakers are hoping that with the large Republican majority, many of their bills will be passed.

On November 5, Acting Deputy Attorney General Gary Grindler swore in 23 new immigration judges during a ceremony at the Executive Office for Immigration Review’s (EOIR) headquarters.

Hiring for the judges began back in December 2009 but not before the applicants went through screening on criteria such as: ability to demonstrate the appropriate temperament, knowledge of immigration laws and procedures, experience in litigation and with complex issues, as well as knowledge of judicial practices. After the panel, the mostly highly regarded candidates went through a series of interviews and the final decision was made by the Attorney General, Eric Holder.

Brooke E. Reyna, a State Department employee, pleaded guilty on November 5 to giving false statements to officials in connection with an investigation that she was allegedly illegally accessing passport application files. Reyna was an employee at the National Passport Center in Portsmouth, NH where she had access to the State Department’s database which included the Passport Information Electronic Record System (PIERS) that contains passport photos all the way back to 1994. In addition to the photos, PIERS also contains personal information like the applicants name, birth place and date, address, phone numbers, spouse/family information as well as contact information. All of this information is protected under the Privacy Act of 1974 and access is limited to official use only. Between May 2004 and February 2008, Reyna admitted to logging on the PIERS database to look up the passport information for over 500 different celebrities, actors, musicians, models, athletes, and members of these individuals’ families for pure curiosity; she wasn’t carrying out any official business for the State Department. When originally questioned about her activities, Reyna denied the accusations but soon plead guilty to the charges and 9 other State Department employees/contractors have been found guilty as a result of the investigation.

The recent improvement in the country’s economy has created an increase in blue collar jobs and the demand for immigrant workers. Casa de Maryland, which has five job centers around the state, was able to place19, 000 immigrants in jobs during June of 2010 compared to 16,000 job placements during the same time last year. According to research, with the upturn of the economy, immigrants are receiving jobs at a much higher rate and benefiting more than native US citizens. Unemployment rates lowered from 9.3% to 8.7% for immigrant workers whereas the rate for native born workers increased from 9.2% to 9.7%. In addition to unemployment, hiring rates are also higher for working immigrants than native born US citizens. Since the recovery, immigrants are also being employed into different types of jobs than they were before the recession. Many worked in construction during the recession but now immigrant workers are being hired for positions in hospital service and education. One reason why immigrant workers may be receiving more jobs than native born US citizens is their flexibility with wages and earnings. Though immigrant workers may be receiving benefits during the economic recovery, they still face many challenges; their unemployment rate is still twice what it was before the recession.