Articles Posted in Legislation

The Legislature has still been unable to pass an immigration reform bill despite an extensive bipartisan proposal. House Speaker John Boehner voiced his concerns about the lack of progress in enacting an immigration reform bill. The proposed bill in the Senate would have both positive and negative implications for immigrants.

While a group of Senate leaders prepared a proposed bill after months of hard work, a similar group of House leaders have been unable to reach a compromise for four years. There is no indication on how long it will take for the sides to reach an agreement or whether any compromise would be accepted by the legislature as a whole.

Read more here: http://blogs.wsj.com/washwire/2013/05/16/boehner-concerned-about-slow-pace-of-immigration-in-house/

Eight United States Senators came out with a general, non-detailed plan for future immigration policy in the United States. One of the senators included Florida Republican, Marco Rubio. It is a four point plan that includes:

1) Creating a path to citizenship for those who are already here without legal authority, while securing the borders so more people cannot enter without inspection;

2) Allowing more unskilled employees to enter the country legally if the employer can establish that there are no U.S. employees to fit the employment qualifications;

According to a June 15th, 2012 Department of Homeland Security memorandum, certain young individuals are eligible to file an Application for Deferred Prosecution which would defer any removal for a period of two years. The applicant can also apply for work authorization and file for a renewal of the deferred action, to extend the two years.

Potential applicants can file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, Application for Employment Authorization and Form I765WS worksheet along with a filing fee of $465, with USCIS.

Deferred Action is simply the Government’s decision to defer removal proceedings for a specified period of time. Deferred Action is not a path to a green card or citizenship. So, although it is a blessing to many who are threatened with deportation, it is a curse because it provides no long term relief and the Government can terminate a grant of deferred action at any time.

Although the Dream Act has not passed in Congress, President Obama has taken the initiative to use his discretion to defer action to those who qualify under the Government’s criteria. So, those who fit the following criteria are eligible for deferred action on any deportation/removal case against them.

In order to qualify for deferred action, you must:

Be 15-30 years old.

The Georgia Bulldogs learned first hand how tough immigration policies can lead to individual negative experience. Talented football recruit, Chester Brown, was heavily recruited to Georgia from his high school in Hinesville, Georgia. Chester was born in Samoa and brought to the United States by his family when he was a boy. He went to school in California and was moved to Hinesville by his family when violence was running rampant in California.

Chester enrolled in and went to school in Hinesville. He joined the football team and was an athletic standout. His dream was to become a Georgia Bulldog. The Georgia Bulldog’s dream was to have him. Just another American success story right?

The problem arose when a rule requiring every potential student to prove their lawful status in the United States was brought to light. Chester was a child when he came to the U.S. He had no documentation to prove his status. Chester’s family also were unable to provide the proper documentation. So, no Georgia Bulldogs for Chester. And no Chester for the Georgia Bulldogs.

The United States Supreme Court has indicated that it will hear the State of Arizona’s appeal of a ruling that struck down the State’s law criminalizing the unlawful presence of aliens. By passing this state law, Arizona has challenged the federal position that immigration remains a federal issue and that the federal government has sole authority to legislate in the immigration arena.

The U.S. Supreme Courts decision will either pave the way for other states to follow Arizona’s lead, or will shut the door to Arizona and other states from encroaching on the federal government’s historic monopoly on immigration enforcement. This decision will have a dramatic effect on the lives of thousands of immigrants, both lawful and unlawful. It will also affect minority U.S. Citizens.

Many minorities and lawful immigrants have argued that Arizona’s law leads to racial profiling and harassment of both U.S. citizens and non U.S. citizens that are here lawfully. Arizona’s immigration law has led to state law enforcement officers increasing efforts to ferret out individuals who are here unlawfully. In doing so, those that are here lawfully are subjected to increased scrutiny. Imagine, as a U.S. citizen, having to account for your U.S. citizenship at every interaction with law enforcement or government agency. Having to respond to questions like, “Where’s your birth certificate? Is it certified? Why is your name mispelled? Why is your address incorrect?”

Florida lawmakers proposed a new bill that would require employers to verify potential employees immigration status. The bill would also allow law enforcement to obtain the identify and legal status of individuals in criminal investigations. Critics of the proposed law state that the Arizona type immigration bill would reflect poorly on the state of Florida, a tourist dependent state. Critics also argue that the bill will promote racial profiling and that it is unnecessary because illegal immigrants are not taking jobs away from U.S. citizens. It remains to be seen whether the proposed law will be enacted.