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.
LATEST UPDATE: H-1B FY2011 CAP COUNT
The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.
As of November 26, 2010, 50,400 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.
As of November 26, 2010, 18,400 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.
U.S. Supreme Court: Gender Discrimination in Immigration Case
Since the 1970’s the Supreme Court has consistently ruled that laws that discriminate on the basis of gender are unconstitutional, but on November 10 the justices gave the impression they were ready to allow an exception to the rule.
The case revolved around whether “children born of mixed marriages abroad can claim U.S. citizenship.” Currently, legislation allows unwed mothers with U.S. citizenship of at least one year to pass on their citizenship to their foreign-born babies while unwed fathers can’t pass on their citizenship unless they’ve lived in the U.S. for at least five years after the age of 14.
In this case, Ruben Flores-Villar, born of a Mexican mother and raised by his American father in San Diego was about to be deported for the fourth time in response to the sale of marijuana, when he argued that he should be granted U.S. citizenship due to the fact his father was a 16 year old U.S. citizen when he was born. His lawyers argued that the above law is discriminatory against fathers and therefore unconstitutional.
23 New Immigration Judges Sworn In
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.
USCIS Launches Spanish Language Engagement Series
On October 28, US Citizenship and Immigration Services (USCIS) commenced their first quarterly public engagement in Spanish. The series are part of an effort to communicate with the many different people USCIS services and each event will focus on a specific topic related to immigration or citizenship. In addition, live question-and-answer sessions via USCIS officials will be available to anyone.
“How to Help Your Relative Become a Legal Resident” was the theme of the first engagement which was held on October 28 from 1:00pm to 2:30pm. The rest of the series is planned to be held on January 21, April 28, and July 28. If you would like to find out how to participate in the next engagement visit www.uscis.gov or call 1-800-375-5274(toll-free).
State Department Employee Pleads Guilty to Illegally Accessing Passport Application Files
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.
Immigrants Benefit as Economy Recovers
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.
REMINDER – Submit Your Questions
MVP “Q & A Forum” – This Friday, December 3rd, 2010
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.
If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.
USCIS Announces New Anti-Fraud Enhancements to E-Verify
The announcement on November 10 of E-Verify’s systems expansion was made by the Department of Homeland Security (DHS) Secretary Janet Napolitano and US Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas.
New capabilities of the system include US passport photo matching as well as automatic checks of US passports for authenticity when presented for employment verification checks to help increase the reliability of the program. Napolitano is confident that the improved E-Verify system will, “enhance our ability to detect counterfeit documents and combat fraud.” The E-Verify system now allows employers to verify the identity of any new employee by comparing their passport or passport card to the State Department records on file.
The E-Verify system is run by DHS in connection with the Social Security Administration and is free to use for all participating employers. Currently, the system is being used by more than 230,000 employers.
Immigrants Can Help Create MORE Jobs
According to Tyler Cowen, a writer for The New York Times and economics professor at George Mason University, immigration to the US is increasing business activity and therefore creating an increase in jobs. He cites “Immigration, Offshoring and American Jobs” which explains that keeping companies onshore also helps keep low-wage jobs. The study goes on to find an inverse relation between immigration rates and offshoring, as offshoring increases the number of immigrants decrease and vice versa. Immigrant workers actually fill in labor market gaps and are “complementary” to the American business system; this contrasts with common bias that immigrants take away jobs from native US citizens and are detrimental. The study found that Americans and immigrants occupy different areas in the workforce and take different jobs, balancing each other in the labor force. Cowen goes on to explain that we naturally blame others or different groups for problems instead of realizing that machines and technology displace many human workers.
In conclusion, Cowen recommends the sanction of more immigrants coming into the US due to the potential increase in jobs and tax revenue, benefits to Social Security, as well improvement on the country’s overall business.
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