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United States Immigration News
 New York, May 2008
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INCREASED DEPORTATIONS

Increased DeportationsLOS ANGELES, CA - It is estimated that there are between 12 and 20 million illegal immigrants in the United States. However, getting into the United States which may cost thousands of dollars is no guarantee that they will stay in. The U.S. Immigration and Customs Enforcement Agency known as ICE has been receiving more funding and has significantly expanded their capabilities. Their current budget for this fiscal year exceeds $5.5 billion. They are going after illegal immigrants with criminal records and those without ones as well. In fiscal year 2007 the agency deported slightly more than 280,000 individuals compared with about 150,000 individuals in fiscal year 2003. From the years 2003 to 2008 the number of illegal immigrants deported has steadily increased. ICE has also changed some of the procedures like doing away with their “catch and release” policy. In the past illegal immigrants who were detained were allowed to go free once they promised they would show up to their deportation hearing at a later date. The problem was that most of these illegal immigrants failed to show up and usually ended up remaining in the United States. By not showing up to their deportation hearing the illegal immigrant became a fugitive. Today an illegal immigrant who is detained is taken into custody and no longer given the opportunity to be released temporarily while awaiting their deportation hearing. Back in 2005 ICE had 15 teams dedicated to tracking fugitives and currently there are 75 teams doing the same job. Last year over 100,000 fugitives were arrested by ICE compared to nearly 24,000 in 2006.

ILLEGAL IMMIGRANTS BIRTHS

Illegal Immigration BirthsSAN FRANCISCO, CA - Under the 14th Amendment children who are born in the United States are automatically granted American citizenship. Many expecting mothers are willing to risk their lives to cross the U.S.-Mexico border so that their children can be born Americans. One illegal immigrant named Olivia crossed the border with her family when she was six months pregnant. Even though she is an illegal immigrant Ofelia knew that she would not be denied medical treatment. By law any individuals who walk into an emergency room cannot be asked to verify American citizenship and cannot be refused treatment. Ofelia had a c-section which was covered by emergency Medicaid. C-sections typically run close to $5,000 at the hospital she went to but her tab will be picked up by Medicaid. Hospital administrators sometimes refer to these costs as uncompensated care because it is money that they will probably not end up receiving. Her story is common and Ofelia knows of many other women who have come to the U.S. to give birth. The Pew Hispanic Center estimated that each year 300,000 children are born in the United States to illegal immigrants. The automatic American citizenship will open up more opportunities for their children later in life. Some lawmakers like Representative Lamar Smith would like to see the current system in place changed because it rewards illegal immigrants and taxpayers end up paying the cost. They also bring up that some illegal immigrants have children in the U.S. with the intention of having them become their sponsor in the future. Once the child turns 21 they may become eligible to sponsor their parents so they can gain permanent residency.

BORDER CROSSING RULES

U.S. BorderEL PASO, TX - The Department of Homeland Security continues to try to inform domestic and international travelers about the new border identification requirements that will become effective June 1, 2009. In order to make the borders safer the Department of Homeland Security is doing away with accepting over 8,000 documents at the border. The new identification policy is the result of the Western Hemisphere Travel Initiative or WHTI. Travelers from Canada, Mexico, Bermuda, the Caribbean and the U.S. used to be exempt from having to present certain documentation when entering the United States. Currently the U.S. government mandates that travelers going to and from the United States via land or sea must present either: 1) a passport, a passport card or a document that is WHTI compliant, or 2) some type of government issued identification and proof of citizenship. An example of a government issued ID would be a driving license while a birth certificate could serve as proof of citizenship. Starting June 1, 2009 travelers via land and sea will have to present a passport, passport card or WHTI-compliant documentation. WHTI-compliant documents include: state issued enhanced driver’s license, U.S. military identification with military travel orders, Native American tribal photo identification card, Form I-872 American Indian card, enhanced tribal cards, U.S. merchant mariner document when traveling in conjunction with official maritime business, and the trusted traveler cards (NEXUS, FAST or SENTRI). For those traveling via air they must present a passport or its equivalent which is in effect now.

PASSPORT CARD APPLICATIONS INCREASE

Passport CardWASHINGTON, D.C. - When the Department of Homeland Security announced that individuals traveling via air would have to present a passport many rushed to put in an application. The result was a passport backlog that caused anxiety among many travelers. With the land and sea phase of the WHTI not too far away many travelers have started to plan ahead for next June. As a result, the Department of Homeland Security has seen high interest in the passport card. The card will start to be issued this June and its size will be comparable to that of a credit card. More than 140,000 applications have already been submitted for the U.S. passport card. By July the Department of Homeland Security expects the passport card to be in full production. Others are opting for the enhanced driver’s license if it is available in their state. The state of Washington has issued close to 9,000 enhanced driving licenses. More than 20,000 have submitted their application for a Washington driving license and are waiting. Other states looking into the enhanced driver’s license are New York, Arizona and Vermont. The advantage of an enhanced driver’s license is that it serves simultaneously as a U.S. border card and a driver’s license. Other alternatives for individuals traveling via land and sea are the traveler cards (NEXUS, FAST and SENTRI). These are also popular among frequent border crossers since there are special lanes for card holders. The three card programs combined have nearly half a million participants. By the end of fiscal year 2009 the number of participants is expected to be over 1.5 million.

H-1B VISA LOTTERY

H-1B VisaSAN JOSE, CA - It was no surprise that the number of applicants for the H-1B visa lottery exceeded the cap. Each year many American companies look to the H-1B program for the opportunity to hire highly-skilled foreigners. The foreigner gets the opportunity to legally work in the United States for a certain period of time and the company benefits from their skills. Employers for the most part can only submit one application for each candidate. To ensure fairness the visas are granted based on a lottery system. If the application is not selected in the lottery the fees are later refunded. From April 1 to April 7 the USCIS received approximately 163,000 H-1B visa applications. The H-1B visa annual cap is currently set at 65,000 with that number unlikely to change in the near future. However those applicants with an advanced degree may qualify for the additional 20,000 visas granted that do not count toward the 65,000 quota. To qualify for the advanced degree exemption the applicant must have been a graduate of an American university. Applicants qualifying for the advanced degree exemption take part in the first random lottery. After the 20,000 have been selected the remaining advanced degree applicants get put back into the pool for another chance at being selected. At this point the second random lottery takes place. Applicants are competing for the remaining 65,000 slots. Additional names are put on a waiting list in case those randomly selected do not end up qualifying, withdraw their petition or are denied. If the candidate makes it through the remaining stages including an extensive background check, then an H-1B visa will be issued. These individuals can officially be hired by their sponsor on October 1.

THE H-2B WORK VISA

H-2B VisaDENVER, CO - The H-2B visa allows foreigners to do seasonal work in the United States. The workers are usually non-skilled but still very valuable to American employers. Since 2004 the cap for H-2B visas has been set at 66,000. In 2005 a bill was introduced that made it easier for foreign workers on H-2B visas to return the following year and not be counted toward the quota. The foreign workers had to have worked the last three years in order to qualify which was not too difficult since many returned to work for the same employer. The bill also divided the number of visas equally between the winter and summer seasons. However, this year the bill was not extended and this had added more stress. Employers cannot submit visa requests until 120 days prior to when they are needed. As a result, winter employers were given an advantage and snatched up most visas. Now summer employers are struggling to fill the vacancies normally filled by foreign workers. One business owner had some employees who had worked for her for at least ten years and they had become like a family. Now she is no longer able to hire them and must look elsewhere. Other summer employers find themselves in the same shoes. Foreign workers were their reliable source. Some are planning on delaying the opening of their business until later in the year. Those planning on opening on time may have to close for a day or two during the week. Others are considering paying overtime. Even if they are able to find domestic workers they are worried that next season they will not come back and they will be in a similar situation again.

U.S. CITIZENSHIP CLASSES TAUGHT BY VOLUNTEERS

Citizenship TestHOUSTON, TX - When Jose J. Ornelas was young he was sent to the United States for four years to attend school and learn English. He returned to Mexico to get his college degree and later made his way back to El Paso, Texas. Ornelas became an American citizen in 1962 and worked for the International Boundary and Water Commission U.S. Section until he retired. He found that he had a lot of extra time and decided to become a volunteer to give back to this country. Ornelas initially started teaching literacy classes but then switched over to teaching U.S. citizenship classes. The free classes are offered under the Literacy Center program of the El Paso Public Library system. The courses run for six months and the number offered depends on the volunteers available. Instructors are trained and adhere to a core curriculum. Ornelas has helped prepare his students for the last eight years. He focuses on the reading and writing sections of the citizenship test. The volunteer instructor is aware that a new version of the U.S. citizenship exam will be introduced October 1. Currently different versions of the test are given based on the demographic area the applicant is in. Starting October 1 all applicants will take the same test. The test will also be modified and continue to emphasize basic concepts of American democracy. In addition, they should know and understand the responsibilities and rights of an American citizen. Like any good instructor Ornelas is already making modifications to his curriculum to prepare his students.

BILL WOULD AFFECT SANCTUARY CITIES

Sanctuary CityCHICAGO, IL - When the Illegal Immigration Reform and Immigration Responsibility Act (IIRAIRA) was passed in 1996 it included section 287g which allowed state and local law enforcement to be trained in immigration law and enforcement powers. Not many responded to that opportunity when the act was passed but after 9/11 it was a different story. There started to be more cooperation between local, state and federal agencies. However, some in the 99th District of New York think there is not enough cooperation and enforcement going on. They argue that section 287g needs to be widely adopted. They worry about sanctuary cities springing up and encouraging illegal immigrants to continue making their way into the United States. A sanctuary city is one that is viewed as being friendly to illegal immigrants. While these cities are not putting out the welcome mat for illegal immigrants they may be easier on them than other regions. Some residents of Brewster village and Suffern village have joined forces with Assemblyman Greg Ball of the 99th District to introduce Assembly Bill 10593. The 99th District is made up of seven towns in Dutchess, Putnam and Westchester counties. They have gone ahead and applied for section 287g authority and their bill would make it mandatory for others to follow in their footsteps. The 99th District residents would like to see the State of New York including its agencies, municipalities and counties apply for the section 287g authority. Among some of the other requirements of the bill are: mandatory release of all convicted illegal immigrants solely to U.S. Immigration and Customs Enforcement, mandating contractors who are awarded contracts with the state of New York to use a federal program to verify a worker is legally in the country and prohibition of sanctuary city laws.

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