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Legislation and Policy

U.S. Citizenship and Immigration Services Takes Steps to Improve Noncitizens’ Access to Legal Counsel

From the American Immigration Council

Washington D.C. – During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration agencies. Tuesday, in response to calls from the American Immigration Council and the American Immigration Lawyers Association, the U.S. Citizenship and Immigration Services (USCIS) issued immediate, comprehensive changes to their policies to ensure an appropriate role for attorneys in the immigration process.

Many noncitizens are forced to navigate the immigration process without representation because they cannot afford an attorney.  But even persons who can afford one, or are represented by a pro bono attorney, have at times faced severe restrictions on their representation.  This is particularly troublesome given the significant power USCIS officers wield.  For example, they decide whether a noncitizen is entitled to stay in the U.S. or not.  The assistance of an attorney well versed in the complexities of immigration law can help safeguard the rights of these noncitizens and ensure just outcomes.   

By revising its guidance, USCIS has responded to some of the most serious access concerns.  For example, the new guidance provides that an attorney generally may sit next to his or her client during an interview, may be permitted to submit relevant documents to the USCIS officer, and may raise objections to inappropriate lines of questioning. 

The American Immigration Council looks forward to commenting on the new guidance and working with the agency to make sure it is followed.  The other immigration agencies – Customs and Border Protection and Immigration and Customs Enforcement – should take note of USCIS’s commitment to improving access to counsel and take similar steps to recognize the meaningful role that attorneys play in protecting noncitizens’ rights.

To view the guidance see: 

Obama Administration Proposes Changes to Immigration Waiver Process

Learn more about the proposed change for certain immigrants married to US citizen and read my comments in this article posted on news talk radio station WBAP in Dallas, Texas:

Proposed Changes to Unlawful Presence Waiver Rules

What Does Your State’s Immigrant, Latino and Asian Population Look Like?

Immigration Policy Center Updates 50 State Fact Sheets and Infographics

Washington D.C. – Today, the Immigration Policy Center is pleased to re-release our 50 state fact sheets updated with the most current government and academic data available. In addition to the fact sheets, we have added 50 state infographics which highlight the top data points of each state in a graphic format.

The fact sheets and infographics are a synthesis of current government and academic data which highlight the growing economic and political power of immigrants, Latinos, and Asians in each of the 50 states. These materials are free for download, printing and distribution, and can be shared via social media or on your website.

Click hereto find your state’s infographic.  

To view all of the fact sheets and infographics see:

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For more information contact Wendy Sefsaf at wsefsaf@immcouncil.org or 202-507-7524.

2012 Immigrant Journey Awards for Outstanding DFW Immigrants – Nomination Deadline Extended

To recognize and honor outstanding immigrant individuals and immigrant focused organizations in the North Texas area, Badmus Law Firm, an  immigration and nationality law firm, is presenting the 2012 Immigrant Journey Awards.  Now is the time to tell us about the outstanding immigrants you know in the following categories:

Immigrant Entrepreneur Award
Honoring an immigrant business owner who has founded a highly successful business in DFW and who serves as a model and inspiration of success.

Immigrant Professional Excellence Award
Honoring an immigrant who has demonstrated significant professional achievements in their field and whose advancements in their field have positively impacted their profession or community.

Immigrant Spirit Award
Recognizing an immigrant civic leader or elected official who has contributed substantially to the community or the region.

Immigrant Advocate Award
Recognizing a leader who has made a positive impact on the lives of immigrants, and who advocates on behalf of immigrants.  Nominee may be an individual, an organization, a business, a governmental or community entity, or a non-profit organization.

Award winners will be announced and honored at a luncheon on Thursday, March 22, 2012 at the Addison Conference Centre, 15650 Addison Road, Addison, TX 75001.  Last year, this well-attended event received widespread media attention from public radio, Dallas Morning News, Dallas Business Journal, and other local media.  

Our nomination form is quick and easy to complete.  If you are interested or know of anyone who qualifies for any of these awards, please submit a nomination.  If you submitted a nomination form last year, we encourage you to re-submit and provide us with an update. Self nominations are accepted!

Click this link for the Nominations Form, 2012 Immigrant Journey Awards

Nomination Deadline: 5:00 p.m., Monday, January 16, 2012

Former award winners include:  Jose Fuentes and Gloria Rubio of Gloria’s Restaurant, Baku Kshatriya of ECOM Consulting, Mayor Joe Chow of Addison, Oscar Pareya of FC Dallas,  Raul Mateo Magdaleno of Southern Methodist University, Muthu Mudaliar, Muthu Financial Services

Proceeds will go to the establishment of The Badmus American Dream Scholarship Fund, honoring a top DFW-area high school student who is an American immigrant or first generation American.

Immigrant Women Entrepreneurs: Starting Businesses and Creating Jobs

From the Immigration Policy Center

Washington D.C. – Today, the Immigration Policy Center releases, Our American Immigrant Entrepreneurs: The Women by Susan Pearce, Elizabeth Clifford and Reena Tandon.  Today, immigrant women entrepreneurs are in every region of the United States. In 2010, 40 percent of all immigrant business owners were women—1,451,091 immigrant men and 980,575 immigrant women. That same year, 20 percent of all women business owners were foreign-born.

In a tele-briefing to release the report, author Susan Pearce noted “This report is the result of our research into that less-visible population that is starting various enterprises every day. Why do we focus on women? Not only does the image of a woman not come to mind when one hears the word “immigrant,” but their particular experiences are under-represented in reports on immigration. We also equally emphasize these women’s nonmaterial contributions. Women immigrant entrepreneurs are providing training for the next generation, supporting charities and activism through their volunteer contributions and anchoring communities.”

Entrepreneur Rubina Chaudhary, president of MARRS Services, Inc., a Management, Engineering, and Environmental firm discussed her enterprise. “MARRS employs 50 full time and part-time professional and support staff of which 78% are U.S. citizens, 54% are U.S. born citizens and 36% are women. I am grateful for the opportunities that I, an immigrant woman in the U.S., have had to not only achieve my goal of providing for my children’s education but also to have the opportunity to create jobs and help others, native born and immigrants, men and women, students and entrepreneurs.”

Entrepreneur Yolanda Voss of Yolanda Voss Fashion Gallery shared her story. “I came to the land of my dreams in 1962 and my goal was to become a prominent designer. In 1980, Yolanda Voss Studio International became incorporated. In 1991, I opened Yolanda Voss Fashion Gallery. The latest recession has affected our market, but I remind myself that effort, dedication and the incorporation of new ideas will bring a return to prosperity. I continue to be an active member of my community, offering scholarships, internships and lectures to inspire the creative spirit of new designers in our nation.”

To view the report in its entirety, see:

Adapted from Immigration and Women: Understanding the American Experience available at http://nyupress.org/

Can we tune out myths, misinformation, and negative rhetoric?

DOJ Responds Forcefully to Civil Rights Disaster in Alabama, What Will DHS Do?

From the American Immigration Council

Last week  the Department of Justice (DOJ) announced that it was filing suit in South Carolina to block Act No. 69 (formerly SB 20), South Carolina’s new anti-immigrant law—modeled on Arizona’s SB1070. DOJ argues—like it did in Utah and Alabama—that the law is unconstitutional and interferes with the federal government’s ability to set and enforce immigration policy and is likely to result in civil rights violations. Following the legal challenge, the DOJ Civil Rights Division also sent a letter to Alabama’s public schools reminding them of their duty to provide public education to all children in the state regardless of immigration status. 

The DOJ is challenging state legislatures that pass immigration enforcement laws that interfere with the federal government’s role in enforcing immigration laws and setting priorities. The DOJ’s effort on this case reflects their commitment to protecting constitutional principles and individual rights, a commitment that should extend to pursing vigorous challenges in other states that have passed similar laws, including Utah, Georgia, and Indiana.

The Department of Homeland Security (DHS) also has a strong role to play and should respond to the civil rights crisis taking place in the states and make good on Secretary Napolitano’s assurance that her agency will not be complicit in enforcing Alabama’s new law through federal immigration enforcement actions. 

If one agency of the government is arguing that Alabama’s law is unconstitutional, another agency, DHS, should act consistently and closely review the cases of all immigrants brought to their attention as a result of Alabama’s new law and exercise appropriate discretion. Good government requires consistency across agencies. DHS, like DOJ, should treat implementation of Alabama’s new anti-immigrant law as the civil rights crisis that it is and respond swiftly.

Alabama’s Immigrants, Latinos and Asians: An Economic and Demographic Snapshot

From the Immigration Policy Center, September 30, 2011

Washington D.C. – This week, portions of Alabama’s harsh new immigration law, HB 56, take effect in Alabama. While the governor of the state proclaimed that this is the toughest immigration law in the country, Alabama businesses, state agencies, and taxpayers will ultimately pay the price for this economically damaging legislation.

In order to provide the latest economic and demographic information on immigrants, Latinos, and Asians in Alabama, the Immigration Policy Center has updated its Alabama state fact sheet, New Americans in the Yellowhammer State.

Highlights of the data show that immigrants, Latinos, and Asians are a growing and important part of Alabama’s state economy as workers, taxpayers, and consumers.  For example:

Immigrants are important to Alabama’s economy as workers.

  • Immigrants comprised 4.9% of the state’s workforce in 2010 (or 111,670 workers), according to the U.S. Census Bureau.

Unauthorized immigrants are important to Alabama’s economy as workers and taxpayers.

  • Unauthorized immigrants comprised roughly 4.2% of the state’s workforce (or 95,000 workers) in 2010, according to a report by the Pew Hispanic Center.Unauthorized immigrants in Alabama paid $130.3 million in state and local taxes in 2010, according to data from the Institute for Taxation and Economic Policy.  This includes:
    • $25.8 million in state income taxes.
    • $5.8 million in property taxes.
    • $98.7 million in sales taxes.

  • Unauthorized immigrants comprised roughly 4.2% of the state’s workforce (or 95,000 workers) in 2010, according to a report by the Pew Hispanic Center.
  •  If all unauthorized immigrants were removed from Alabama, the state would lose $2.6 billion in economic activity, $1.1 billion in gross state product, and approximately 17,819 jobs, even accounting for adequate market adjustment time, according to a report by the Perryman Group.

To view the fact sheet in its entirety see:

Alabama’s Dangerous New Anti-Immigrant Law

From the Immigration Policy Center, American Immigration Council

September 29, 2011

Washington D.C. - Yesterday, Judge Sharon Blackburn failed to enjoin major portions of Alabama’s extreme anti-immigrant law, HB 56, leaving many dangerous sections open to implementation. Local police, for example, are required to act as federal immigration enforcement agents by demanding proof of legal status from anyone who appears to be foreign. Other provisions—that go further than Arizona’s law—insist public school administrators check the legal status of students and their parents and create confusing and burdensome new restrictions on contracts between the state government and immigrants and between private citizens and immigrants. It’s unclear how far the restrictions on contracts will go, but at a minimum they will limit access to housing and utilities for anyone who cannot produce the proper documentation.

Although supporters claim the law will solve the state’s economic problems and reduce crime, HB 56 will inflict greater economic damage to Alabama, costing the state millions to implement and defend. And the crime argument simply doesn’t hold water. Since 1990, Alabama’s unauthorized population has risen from five thousand to 120 thousand.  Yet the violent crime rate in the state has fallen by more than a third. Restrictive immigration laws have proven to reduce, not maximize, law enforcement effectiveness.

These kinds of laws also tend to have a chilling effect on state businesses that depend heavily on foreign talent and investments, such as Alabama’s automotive and emerging biotechnology and aerospace industries. The Korean automaker Hyundai, for example, has brought thousands of jobs to Montgomery. The German company ThyssenKrupp has built a $3.7 billion steel mill north of Mobile, Alabama, that will employ 2,700 workers when it is running at full capacity. HB 56 sends a clear and decidedly un-American message that many of these foreign workers who live and work in Alabama are illegal until proven legal; guilty until proven innocent.

Meanwhile, Alabama’s law enforcement agencies are struggling to fulfill current mandates in tough fiscal times. The additional burdens imposed by this law will hurt, not help, in fighting crime. Reports show the Jefferson County Sheriff’s Office has already cut 20 percent or more of its budget this year, eliminating 145 deputy positions in order to make up the $3 million missing in this quarter’s budget. According to Tuscaloosa (AL) Police Chief Steve Anderson, the new law will require officers to spend more time on basic traffic stops, not to mention potential court appearances, taking time away from solving real crimes and protecting communities.

Local schools and administrators will also have to bear the burden of enforcing Alabama’s draconian immigration law. The Principal of Crossville Elementary School in northeastern Alabama reportedly said, “We don’t have the personnel to do all the work that is needed to find out which parents are legal. That’s my biggest concern—putting it off on the schools to police illegal immigration. I don’t think school is the place to do that; we don’t have the resources.”

Alabama has just entered dangerous new territory and, in the process, dragged the rest of the country along for the ride. Those out-of-state politicians and organizations behind these state-level experiments with immigration policy will not lose anything more than a court battle. Sadly, it’s the people of Alabama—being used by anti-immigrant crusaders—who have the most to lose.

For a legal analysis of yeterday’s court ruling see:

Federal Court Temporarily Blocks Alabama’s Immigration Law

A federal court has issued a temporary injunction to delay implementation of Alabama’s immigration law which was set to go into effect on September 1.  The lawsuit brought by the U.S. Department of Justice, religious leaders, and other plaintiffs challenges the constitutionally of the law and seeks a preliminary injunction that would stop the law from being enforced until the constitutionality of the law is decided.  Judge Blackburn in this case has ordered a delay of 30 days to allow her time to consider the preliminary injunction request.  If the judge grants the request, Alabama officials may not enforce the law until the a final decision on its legality is made.

Hear Ann Badmus’ commentary today on the Fox News Radio Network stations:

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