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United States Immigration News
 New York, November 2008
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BARACK OBAMA ELECTED 44TH PRESIDENT OF THE UNITED STATES

Barack ObamaChicago, IL - On November 4, 2008, Barack Obama became the 44th president of the United States, clinching enough electoral votes to beat 72 year-old Republican Senator John McCain. The president-elect will become the first African-American president in the U.S. when he takes office in January. The historical election was backed by a campaign for “change” that swayed even Republican voters as they grappled with issues such as a failing economy and costly war in Iraq. Mr. Obama is a 47 year-old Democratic Senator from Illinois who is credited with conducting an energetic and passionate campaign, often drawing tens of thousands of people to political rallies and campaign events. His opponent, who was on his second bid for presidency, faced a tough political climate due to much disappointment over the current administration. Senator Barack Obama accepted the presidential nomination at Grant Park in Chicago to a roaring crowd of 125,000. He stated: “If there is anyone out there who still doubts that America is a place where all things are possible, who still wonders if the dream of our founders is alive in our time, who still questions the power of our democracy, tonight is your answer.” Advocates for change in U.S. immigration policy welcome Obama’s Presidential victory, as he has continuously pledged to pass US immigration reform.

APPLY FOR U.S. PASSPORT NOW TO AVOID DELAYS

U.S. PassportSeattle, WA - Officials recommend that U.S. citizens apply for their passport as early as possible to prevent delays. Beginning June 1, 2009 everyone is required to have a passport or federally approved ID when traveling by land or sea. A passport is already required for international air travel, but under new legislation, travelers will no longer be able to only furnish a driver’s license and birth certificate when crossing U.S. land and sea borders. Instead, a U.S. passport or other federally approved ID will be required. As such, a record number of citizens are expected to apply for a U.S. passport close to the June 1 deadline, potentially resulting in delays in processing time. In fact, passport applications are projected to increase from 16 million to 18 million as the deadline approaches. Officials recommend applying for a passport now, as October thru December is usually when the state department receives the fewest passport applications. The State department notes that more staff has been added to alleviate long delays in processing time; however, it is still strongly recommended to apply for a passport as soon as possible. U.S. Passports are valid for 10 years, and cost $100 for an adult passport and $85 for children under 16. The passport regulations are part of the Western Hemisphere Travel Initiative. The first part of this U.S. law took effect in 2007 and required passports for all air travel, including those travelers re-entering the U.S. from Bermuda, Canada, Mexico, and the Caribbean.

VIRGINA POLICE TO ADMINISTER IMMIGRATION CHECKS FOR EVERYONE ARRESTED

Police and ImmigrationManasses, VA - Effective December 1, 2008 police in Manasses, VA will begin to check the immigration status of everyone arrested for both state and local offenses. Previously, only criminals arrested for serious crimes and those under suspicion for immigration law infractions would undergo an immigration status check. This new policy expands on the existing procedures, and everyone arrested will be checked for legal immigration status, with no regards to the severity of the crime or the ethnic background of the individual arrested. If an individual in custody is found to be residing in the United States against immigration law, they will be prepared for deportation. In March of 2008, the Manasses, VA police department partnered with U.S. Immigration and Customs Enforcement (ICE) in a partnership to enforce the law and reduce illegal immigration. This program, which is similar to policies in neighboring Prince William county, trains federal and local law enforcement about immigration law, and immigration enforcement procedures such as checking immigrant status and detaining illegal immigrants. Critics maintain that this is a policy that is discriminatory to immigrants and could potentially break up families. An immigration lawyer in Virginia, who is appalled at this new policy states: “I certainly advise some of my clients to move unless they have light skin and a Green Card.” Supporters of this policy suggest it is a step towards more cohesive immigration policy and that it eliminates racial profiling since everyone arrested will undergo a immigration status check, not just those arrested for certain crimes or at the police officer’s discretion.
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COURT RULING: SOME ILLEGAL IMMIGRANTS ELIGIBLE FOR GREEN CARD

Korea and Visa Waiver ProgramWashington, DC - In November, 2008 the 9th Court of Appeals overturned a prior ruling for Orozco v. Mukasey and determined that individuals who enter the United States illegally may still be eligible to adjust their status and apply for a Green Card, under certain circumstances. Mr. Orozco entered the country in 1996 with someone else’s Green Card. He later married a U.S. citizen, but was still faced with deportation orders. In the court proceedings, Mr. Orozco maintained that because he had been inspected and admitted into the United States, albeit with a fraudulent green card, he met the requirements to apply for an adjustment of status. However, the courts disagreed with him and in March, 2008 Mr. Orozco’s petition was denied. Under a long-standing rule of the Immigration and Nationality Act, or IRA, an alien can apply for adjustment of status to a green card holder if they were “inspected and admitted or paroled into the US.” Thus, the original March ruling found that even though his documents were inspected and he was granted admissibility, because he used a fraudulent document, this was not grounds for lawful entry and he was not eligible to apply for an adjustment of status. More recently, however, the ruling was overturned, and deemed that even though Mr. Orozco used a fraudulent document to enter the United States, because he was “inspected and admitted” he does qualify for an adjustment of status. Overall, this ruling signifies that in certain circumstances immigrants who enter the country illegally can file for an adjustment of status, provided they fulfill the inspection and admissibility requirement.

IMMIGRANTS RETURNING HOME DUE TO DOWNTURN IN U.S. ECONOMY

Immigrants ReturningMexico City, Mexico - Due to the grim economic climate of the United States, officials say that an increasing number of immigrants are returning home to Latin America. Immigrants, both legal and illegal, reportedly have no choice but to return to their native countries due to the limited number of jobs in employment sectors that predominantly attract recent immigrants such as the restaurant, landscaping, and construction industries. Immigration officials in Mexico City note that while immigration tends to be cyclical, with many immigrants returning home for the December and January holidays, they are already seeing an increase in returning immigrants. In fact, it is estimated that 30,000 additional immigrants will leave the United States due to the decrease in employment opportunities. Officials remark that Mexican immigrants who have lived in the U.S. over two years rarely return home, as they generally have established familial connections in the U.S. and employment prospects are even worse back home. In addition to the increase in immigrants leaving the United States, immigration to the United States has decreased in recent years. According to the U.S. Border Patrol, apprehensions of illegal immigrants were down 18 percent from 2006 and almost 40 percent from 2005. Overall, however, immigration to the United States remains popular, as there are an estimated 12 million undocumented immigrants residing in the country.

CALL CENTER FOR MEXICAN IMMIGRANTS

Call Center for ImmigrantsTucson, AZ - A call center for Mexican immigrants will be opening in Tucson, Arizona later this week. The call center was developed by the Mexican consul in response to a “growing anti-migrant” climate in Arizona, and serves Mexican citizens living in the United States. Juan Manuel Calderón Jaimes, from the Mexican consul states: "We are trying to ensure our people feel they benefit from the embrace of the Mexican government and that we are addressing their problems." The center aims to serve as an outlet to undocumented populations, which tend to be the most vulnerable to abuses and human rights infractions. The call center hopes to provide a forum for individuals who have experienced troubles on the job, issues with immigration officials or obtaining immigrant documentation, and other issues such as violence. The goal of the center is to provide immediate responses to reports of human rights infractions, domestic violence, and immigration issues. The center will be run by live operators, and is staffed 24 hours a day, 7 days a week. Additional call centers are expected to open in other U.S. – Mexico border cities.

IMMIGRANTS IN TEXAS ISSUED DIFFERENT DRIVER’S LICENSES

Texas Driver LicenseAustin, TX - Immigrants residing in Texas must first show proof of legal immigration status before they can apply for a driver’s license. Once they receive their license, it will look remarkably different than the driver’s licenses of non-immigrants residing in the state. Immigrants’ driver’s licenses will be vertical with the words “temporary visitor” clearly displayed. In addition, the date that their legal residency expires will also be exhibited on the ID. Texas will not issue licenses or other forms of government identification cards to anyone who is not able to provide proof of legal immigration status. Those who have overstayed their visa or residency requirement as well as immigrants who only have permission to stay in the country for six months, will not be applicable for state issued identification. Citizens of the United States will not be affected by this new legislation, and will not have to show any additional documentation than is already required. These new requirements are under the Texas Department of Public Safety and are in accordance with federal legislation that was passed after the terrorist attacks of September 11, requiring states to only issue identification documents to individuals legally residing in the country. The new requirements for driver’s licenses, expected to be effective immediately, have proved to be controversial. Critics maintain that not only does this lead to discrimination, but many who do not qualify for a driver’s license will drive without proper liability insurance - presenting an increasing risk to all drivers.

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