November 14, 2008 by Bradley Maged.

According to a DHS Press Release:  “The U.S. Department of Homeland Security announced today that beginning Jan. 12, 2009, eligible citizens or nationals from all Visa Waiver Program (VWP) countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP.  On Monday, DHS will formally announce the addition of seven allies to the list of countries authorized to participate in the VWP.  The seven countries are the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, and Slovakia.”

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November 14, 2008 by Bradley Maged.

According to a DHS Press Release:  “The Department of Homeland Security (DHS) today issued a Supplemental Final Rule that provides additional background and analysis for the department’s No-Match Rule. The DHS regulation, which was originally proposed in June 2006 and issued in August 2007 as a Final Rule, clarifies what steps responsible employers can take to resolve discrepancies identified in “no-match” letters issued by the Social Security Administration (SSA). It also provides guidance to help businesses comply with legal requirements intended to reduce the illegal employment of unauthorized workers.”

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November 14, 2008 by Bradley Maged.

According to a USCIS Press Release:  “Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ E-Verify system starting Jan. 15, 2009, to verify their employees’ eligibility to legally work in the United States.   In a final rule scheduled to publish tomorrow in the Federal Register, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the Federal Acquisition Regulation (FAR) to reflect this change.”

The USCIS has also released a related FAQ.

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November 14, 2008 by Bradley Maged.

According to an opinion piece by Rubin Navarette, Jr. that appeared on mercurynews.com:  “For Latinos who assume that helping to elect Obama president guarantees them another shot at comprehensive immigration reform, his selection of Rep. Rahm Emanuel as his chief of staff is not a good sign. As Speaker Nancy Pelosi’s enforcer in the Democratic-controlled House, Emanuel was — in the last two years — a major stumbling block to achieving an immigration package. Capitol Hill newspapers reported shouting matches between Emanuel and members of the Democratic-controlled Congressional Hispanic Caucus, who tried unsuccessfully to pressure the leaders of their party to tackle the issue.”

Interesting analysis.  However, Obama campaigned on the idea hope and “Yes We Can” was his slogan.  In Spanish, this is roughly translated into “Si, se puede” which is the motto of the United Farm Workers developed in 1972 and was most recently used in the 2006 Immigration Reform Protests around the country.  It would be a shame if the issue were not addressed for political reasons and I believe it would hurt Obama if he came up for reelection as he would lose credibility with Latino voters.  Moreover, Obama presented himself as a new kind of President who campaigned on the idea of “Change” and the old rules of constantly jockeying for position in Washington and avoiding facing tough issues head on should be a thing of the past.  In the coming weeks, immigration protests will be taking place around the country and hopefully these will force the Administration to state what if anything it intends to do to address this issue. 

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November 11, 2008 by Bradley Maged.

According to article on cnn.com:  “A Latino group Tuesday expressed outrage over the slaying of an Ecuadoran man, allegedly at the hands of seven teenagers in what police are calling a hate crime.”

This is the second time in the last year that a similar story has been reported.  No doubt there have been many more similar incidents.  Hopefully the new administration and congress will change the tone of the immigration debate and the undocumented in this country will no longer dehumanized by anti-immigrant congressional representatives, radio and television personalities.

As I have written in the past, although immigration reform did not take place, there has been a definite shift in the culture of the adjudicative and enforcement government agencies, in response to a vocal minority, that has resulted in increased immigration enforcement and other difficulties in obatining U.S. immigration benefits.  Although the laws as written are of primary importance, one should not underestimate the effects of the agencies’ interpretation and subsequent actions resulting from these laws.

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November 11, 2008 by Bradley Maged.

The following is a Press Release from the National Immigration Forum:

“For Immediate Release             

New Administration Brings Opportunity To Change Course on Immigration Policy

Washington, DC – John Podesta, head of President-elect Barack Obama’s transition team, announced this week that the Obama transition team will conduct a thorough review of government agencies, regulations, and policies in order to identify administrative actions that can be taken immediately to begin to change government practices.  The following is a statement from Ali Noorani, Executive Director of the National Immigration Forum, on the need to carefully examine the practices of the Department of Homeland Security.

The promise from President-elect Obama’s transition team to strip away agency practices inconsistent with his vision of change comes not a moment too soon.  Our current immigration system is fatally flawed, and while legislation will be required to ensure permanent reform, the necessity for change at the administrative level is a natural starting point. 

The deportation-only strategies executed by DHS and ICE over the past year have resulted in nothing but heartache for thousands of undocumented workers and their families, and have terrorized legal immigrant communities, and have degraded the due process rights upon which this country was founded. Even House Speaker Pelosi recognizes that the irresponsible execution of raids is an ineffective solution to our broken immigration system. The next Administration will have multiple opportunities to change the course of immigration policy even before any vote in Congress is taken.

With the stroke of a pen, President-elect Obama can dial back the greatest excesses and wasteful spending practices of the last administration, focusing on sensible enforcement measures that genuinely protect all Americans.  A welcome change would also be the appointment of a DHS secretary and ICE Assistant Secretary who value the contributions of immigrants and immigration.

Immigrant voters showed their displeasure at the failed immigration policies of the last administration in the voting booth, and those same voters will be watching the new Administration to see whether their trust was warranted.  Curtailing the current out-of-control system will not be easy, but it must be done, and the transition team has no time to waste.”

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November 10, 2008 by Bradley Maged.

According to an article on washingtonpost.com:  ”Wasting little time after the election before jumping ship, Julie L. Myers, head of Immigration and Customs Enforcement, will leave the Bush administration on Nov. 15, Homeland Security Secretary Michael Chertoff announcement today.”

It is hard to evaluate Ms. Meyers’ performance as head of ICE.  I guess it depends on where one stands on the issue of immigration.  If maximizing the number of depotations was the goal, the agency succeeded under her leadership.  On the other hand, when reviewing the high cost associated with the removals and whether detainees’ Due Process rights were violated, the jury’s still out on whether the results could be deemed a success.

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November 7, 2008 by Bradley Maged.

The Department of State has released its Visa Bulletin for December 2008.

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November 7, 2008 by Bradley Maged.

According to an article on boston.com, the AP is reporting that:  “President-elect Obama’s aunt intends to fight a deportation order and hopes to remain in the United States, her immigration lawyer said Friday.”

What could bring attention to the immigration issue more than the President’s own aunt being illegally in the US?  This factor should motivate the Obama administration and Democratic Congress to reintroduce the issue and enact CIR as one of its priorities after dealing with the economy.  The political pressure will be minimal as the elections won’t be looming and it will be diffused as a “hot topic”.  If the Administration and Congress wait too long, immigration will again be used as a political tool in the mid-term elections. 

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November 6, 2008 by Bradley Maged.

According to an article on the Associated Press:  “Pressure to revisit immigration reform will build quickly from Latino supporters, immigration groups and some business interests. Larger Democratic majorities could help to move a bill through Congress, but those majorities will be built, in part, with Democrats from conservative districts who are wary of going too far. House Speaker Nancy Pelosi, D-Calif., has said Democrats may have to give up some of their priorities in immigration reform to get an agreement, such as giving illegal immigrants a path to citizenship.”

The President-elect’s own aunt is an “illegal” - talk about the issue hitting close to home!  If that is not enough to motivate Mr. Obama to revisit the issue of immigration reform then the future Latino vote should be. 

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