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In the News

Immigration Bills in Congress

Read about bills that have been introduced in the Senate and the House of Representatives that are now being discussed by Congress.
To read more on the Comprehensive Immigration Bill, see House Bill 264.

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Recent Raids and Other News from Immigration and Customs Enforcement (ICE)

Since its establishment in 2003, ICE has dramatically enhanced its efforts to combat the unlawful employment of illegal aliens in this country. The Agency's comprehensive strategy for worksite enforcement is aimed at promoting national security and public safety, protecting critical infrastructure, and ensuring fair labor standards.

From October 2007 through July 2008, ICE made more than 1,000 criminal arrests in connection with worksite enforcement investigations. Of those, more than 100 involve owners, managers, supervisors or human resources employees who face charges ranging from harboring to knowingly hiring illegal aliens.

In addition to the criminal arrests, ICE made more than 3,500 administrative arrests for immigration violations during worksite enforcement raids. Last year, ICE made more than 4,900 arrests in worksite enforcement cases, including more than 900 involving criminal violations.

This past year's actions represent a 45-fold increase in criminal worksite arrests compared to fiscal year 2001. Furthermore, ICE obtained more than $31 million in criminal fines, restitutions and civil judgments as a result of worksite related enforcement actions.

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Murphy Law Firm News

"Paputchi's 18-year Immigration Ordeal is Over"
Pocono Record, June 24, 2008

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"Agency to Reopen Paputchi Immigration Case"
Pocono Record, March 12, 2008

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Immigration News

USCIS Final Rule on Asylum Application Processing

WASHINGTON, DC, April 6, 2009

The Department of Homeland Security (DHS) has amended its regulations to alter the process by which it forwards Form I–589, Application for Asylum and Withholding of Removal, for asylum applications filed affirmatively with U.S. Citizenship and Immigration Services (USCIS) to the Department of State (DOS). This final rule is effective April 6, 2009.

The affirmative asylum process allows individuals, who are physically present in the U. S., regardless of their manner of arrival and regardless of their current immigration status, to apply for asylum.

The current regulation requires USCIS to forward to DOS a copy of each completed asylum application it receives. This new rule provides that USCIS will no longer forward all affirmative asylum applications to DOS. Instead, USCIS will send affirmative asylum applications to DOS only when USCIS believes DOS may have country conditions information relevant to the case.

Receipt of TARP and Related Funds Could Impact H-1B Hiring

More employers could become subject to H-1B hiring limitations by accepting certain government funds and discounted loans offered under the Troubled Asset Relief Program (TARP) or Section 13 of the Federal Reserve Act (FRA).

The American Recovery and Reinvestment Act of 2009 (ARRA) requires employers who accept TARP or FRA Section 13 funds to make additional attestations on the labor condition application (LCA) when seeking to hire new H-1B employees. Affected employers must attest that they took good faith steps to recruit U.S. workers for the job for which an H-1B non-immigrant is sought and that no U.S. worker was displaced by an H-1B worker in an essentially equivalent position during a specified time period, either at the employer's own worksite or at any outside worksite where the employer has placed an H-1B worker.

To date, many U.S. financial institutions and similar organizations have accepted TARP funds, thus becoming subject to the additional H-1B requirements.

Fighting Notario Fraud

Unscrupulous “notarios” or “immigration consultants” have become an increasingly serious problem in immigrant communities throughout the U. S. Often using false advertising and fraudulent contracts, notarios hold themselves out as qualified to help immigrants obtain lawful status, and may charge a lot of money for help that they never provide. Often, victims permanently lose opportunities to pursue immigration relief because a notario has damaged their case. The Commission is working to provide immigrant communities with information about this dangerous practice, and to support advocates who represent victims.

Unfortunately, notario fraud is usually identified after the fact, when an immigrant has already suffered an adverse event as the result of a consultant's services (e.g., a denial of temporary protective status, or a removal order), and seeks the assistance of a licensed immigration attorney.  Although there are specific procedures for reopening removal proceedings based on deficient performance of authorized counsel, many attorneys are unaware of what actions can be taken against consultants to hold them accountable and deter future abuses.

Premium Processing Service Expanded for Certain Form I-140 Petitions

U.S. Citizenship and Immigration Services (USCIS) will expand Premium Processing Service for designated Forms I-140 (Immigrant Petition for Alien Worker) to include alien beneficiaries who have reached, or are reaching, their limitation of stay in H-1B non-immigrant status.  Currently, only certain alien beneficiaries who are in H-1B non-immigrant status at the time of filing may request premium processing for Form I-140.

Beginning March 2, 2009, USCIS will accept Form I-907 (Request for Premium Processing Service) for alien worker petitions filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:

Section 104(c) of AC21 permits applicants to extend their stay in H-1B non-immigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available.  Section 106(a) of AC21 permits applicants to extend their stay in H-1B non-immigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.

Premium Processing offers 15-calendar-day processing for designated employment-based petitions and applications upon request.  There is a nonrefundable fee of $1,000 for this service.  During the 15-day period, USCIS will issue an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation.

Rule Requiring Federal Contractors to Use E-Verify Suspended Until May 21

On January 27, 2009, the U.S. Chamber of Commerce announced that the final rule requiring certain federal contractors to enroll in and use the E-Verify system (“the Rule”) has again been delayed.  The Rule, which requires federal contractors to check the employment authorization of new hires and of employees assigned to federal contracts through government databases, will now be in effect no earlier than May 21, 2009

This delay comes on the heels of a January 20, 2009 memorandum issued by Rahm Emanuel, President Barack Obama’s Chief of Staff, to the heads of all executive departments and agencies governing issuance and possible suspension of regulations.  The memorandum stated that agencies should “[c]onsider extending for 60 days the effective date of regulations that have been published in the Federal Register but not yet taken effect.”  The Chamber requested the Office of Management and Budget to apply the memorandum to the Rule and made the same request to government’s counsel.

IFCO Systems Enters into $20.7 Million Settlement

On January 23, 2009, a federal grand jury returned superseding indictments on seven IFCO Systems of North America managers stemming from a U.S. Immigration and Customs Enforcement (ICE) investigation of illegal immigration and employment-related practices at IFCO's pallet management services plants nationwide.  So far in the investigation, 16 IFCO managers and employees are facing criminal charges. Of those, nine have already pleaded guilty to a variety of federal criminal immigration charges and the remaining seven have been indicted.

On April 19, 2006, ICE agents, in concert with other federal and state authorities, conducted a work site enforcement action at over 40 IFCO pallet plants in 26 states, which resulted in the detention of 1,182 persons without authorization to work at those plants.

Earlier this year, the United States reached a record corporate settlement with IFCO, pursuant to which the company agreed to pay $20.7 million in civil forfeitures and penalties over four years.  The settlement amount included $2.6 million in back pay and penalties relating to IFCO's overtime violations with respect to 1,700 of its pallet workers.  IFCO also agreed to pay $18.1 million in civil forfeitures that will be available to support future law enforcement activities.  If IFCO fully complies with the terms of the settlement agreement, the U. S. Attorney for the Northern District of New York will not pursue corporate criminal charges against the company for the conduct of its employees related to the employment of illegal alien workers at IFCO pallet plants prior to April 19, 2006.

New Criteria for Vaccination Requirements for Immigration to U.S.

The Centers for Disease Control and Prevention (CDC) is seeking public comment on a set of proposed criteria to be used in determining which vaccines recommended by the Advisory Committee on Immunization Practices (ACIP) for the general U. S. population should be required for immigrants seeking admission into the U. S. or seeking adjustment of status to that of an alien lawfully admitted for permanent residence.

Under the Immigration and Nationality Act, an alien who seeks admission as an immigrant, or who seeks adjustment of status to one lawfully admitted for permanent residence, must present documentation for having received vaccination for “vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, Haemophilus influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee on Immunization Practices.”

Because the INA explicitly requires vaccinations for some vaccine preventable diseases (mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, Haemophilus influenzae type B and hepatitis B), CDC will continue to require those vaccinations for immigrants seeking admission into the U. S. or seeking to adjust their status to that of legal permanent resident. CDC has developed specific criteria to determine which other vaccinations recommended by ACIP for the general population will be required for such immigrants.

U.S. Congress May Ease Work Permits for Nurses

A resolution has been introduced in the U.S. House of Representatives calling for creation of a special non-immigrant visa category for registered nurses. If passed, the legislation would facilitate much easier and faster availability of nursing visas to registered and practicing nurses from countries such as India, China, and the Philippines.

The U.S. is currently facing a massive shortage of nurses. Called the "Nursing Relief Act of 2009" the legislation proposes to make provisions for the new category of visas for registered nurses with an annual limit of 50,000. Introduced at a time when the American economy is facing a deep recession and nearly 3.6 million jobs have been lost in the last 14 months, Congressional observers are skeptical that such a bill can survive the legislative process.

The legislation notes that there are more vacant nursing positions in the U.S. than there are qualified registered nurses and nursing school candidates to fill those positions. According to the Department of Labor, the current national nursing shortage exceeds 126,000.

ICE Arrests 15 Illegal Contract Workers at Oil Refinery in Northern Indiana

U.S. Immigration and Customs Enforcement (ICE) agents arrested 15 illegal aliens In Whiting, Indiana, who were working as contract janitorial workers at the BP Whiting oil refinery. These arrests are the result of a two-year critical infrastructure worksite enforcement investigation that is continuing.

ICE initiated the investigation after receiving information that illegal aliens were being contracted by an Illinois company to work at the BP refinery, and that they had access to secure areas of the plant. ICE identifies oil refineries as critical infrastructure, which are crucial to our nation's ability to function and are vulnerable to sabotage, attack or exploitation.

The illegal workers arrested on administrative immigration charges--11 females and four males--were all employed by United Building Maintenance (UBM) of Carol Stream, Illinois. They performed janitorial duties at the BP refinery. Of those arrested, 14 are illegal aliens from Mexico and one is from Guatemala. All of those taken into ICE custody will be fingerprinted, photographed and placed into deportation proceedings.

DOS Okays Au Pair Final Rule

Effective April 8, 2009, the Department of State published a final rule revising existing regulations and thereby permitting qualified au pairs to participate again in the au pair program after completing a period of at least two years of residency outside the U. S. following the end date of his or her initial exchange visitor program.

100,000 Employers Use E-Verify Program

U.S. Citizenship and Immigration Services (USCIS) has announced that more than 100,000 employers have signed up to participate in E-Verify, an online system that equips participating employers with the tools to quickly and effectively verify the employment eligibility of newly-hired employees.

Employers have run more than two million queries through the system since October 2008, and employers have been able to automatically verify more than 18 million workers’ eligibility since 1997. USCIS has launched major enhancements since E-Verify’s inception to improve the accuracy of the system’s automatic confirmation processes, including verifying naturalized citizens directly with USCIS records.

Currently, approximately 96.1 percent of qualified employees are cleared automatically by E-Verify, and  99.6 percent of all work-authorized employees are verified without receiving a tentative non-confirmation or having to take any type of corrective action.

While participation in E-Verify is voluntary, 15 states now require certain employers to participate and comply in some manner with a federal work authorization verification program.

Ineffective Assistance of Counsel in Immigration Proceedings

In a highly unusual move at the very end of the outgoing administration, Attorney General Mukasey issued the Compean decision on January 7, 2009, holding that there is no constitutional or statutory right to effective assistance of counsel in immigration proceedings. The Compean decision was rushed through without input from many groups and individuals—such as the American Bar Association and more than 25 partners from some of the most prestigious law firms in the country—who sought but were denied a meaningful extension of time to file briefs.

The decision also contradicts the rulings of seven U.S. Courts of Appeals, which have held that an immigrant has a constitutional due process right to effective assistance of counsel, holding that “due process concerns may arise when retained counsel provides representation in an immigration proceeding that falls so far short of professional duties as to ‘impinge upon the fundamental fairness of the hearing’”. Previously the courts have said that a claim of ineffective assistance of counsel in removal proceedings is cognizable under the Fifth Amendment; that is, as a violation of that amendment's guarantee of due process.

Unaccompanied Children Asylum

On Dec. 23, 2008, former President Bush signed into law TVPRA, Public Law 110-457. The provisions of the TVPRA that apply to unaccompanied alien children took effect on March 23, 2009. Under one of these provisions, unaccompanied alien children who have been issued a Notice to Appear in immigration court will now file their initial application for asylum with USCIS. The TVPRA also provides an opportunity for unaccompanied alien children, who did not previously file for asylum with USCIS and who have a pending claim in immigration court, on appeal to the Board of Immigration Appeals, or in federal court, to have their asylum claim heard and adjudicated by a USCIS Asylum Officer in a non-adversarial setting.

Agriprocessors Supervisor Sentenced to 23 Months in Prison

A former supervisor at Agriprocessors, Inc., in Postville, Iowa, was sentenced in early March to nearly two years in federal prison for his role in harboring illegal aliens. There is no parole in the federal prison system. Martin De La Rosa-Loera, 43, supervised about 70 poultry employees at Agriprocessors. In May 2007, De La Rosa-Loera told poultry workers they would need to change their Social Security numbers and names to be able to continue working for the company, and they would have to “start over” at the beginning wage of $6.25 per hour. Shortly afterward, between 100 and 200 poultry workers walked off the job.

Military Personnel Citizenship Processing Act

To speed the naturalization process for members of the military and their immediate families, the Military Personnel Citizenship Processing Act  requires USCIS to process a naturalization application within six months for Armed Forces members and their families, or provide an explanation why the deadline could not be met. The law applies to members and former members of the Armed Forces and current spouses of active Armed Forces members, as well as surviving spouses and children of U.S. citizens who died while on active duty.

Child Soldiers Accountability Act

The Child Soldiers Accountability Act of 2008 amended the federal criminal code to impose a fine and/or 20-year prison term for knowingly recruiting, enlisting, or conscripting a person under 15 years of age into an armed force or group, or using such person to participate actively in combat hostilities, or attempting or conspiring to do so, knowing such person is under 15 years of age. The Act also amends the Immigration and Nationality Act to render any alien who has recruited or used child soldiers inadmissible to the U.S. or deportable.

Chinese Food Restaurant Owners Sentenced for Harboring Illegal Aliens

Guan Chen and Hoa Le Chen, owners of an Ann Arbor, Michigan, Chinese food restaurant were each sentenced to more than a year of incarceration for harboring illegal aliens in their home and using them to work at their restaurant. In addition, after a search warrant of the Chen’s home was executed, three Mexican nationals were identified and arrested. The aliens were held as material witnesses prior to their deportation to Mexico.

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