HOW YOU CAN FIGHT BACK AGAINST ARIZONA’S WRONG-HEADED IMMIGRATION LAW is a great website that provides steps we can take to express our disappointment with Arizona’s recently passed anti-immigrant law.  Those of you who are frustrated with the law should go to the site, sign the petitions and even participate in a May 1st walk in your area in support of federal comprehensive immigration reform.

The only good thing to come out of this terrible piece of legislation is that it has brought national attention to the fact that the federal government must act to fix our nation’s broken immigration system.

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For the second year in a row, cap-subject H-1B for FY-2011 numbers remain available well after the date that the USCIS began accepting cap-subject petitions.  The USCIS is reporting that as of 4/15/2010, it had received 13,600 general cap petitions (of the 65,000 available for the fiscal year) and 5,800 Master’s cap H-1Bs (of 20,000 available).

So if you represent an organization and would like to hire a foreign professional, there is still time to do so.

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According to an article on  “A federal court challenge to a new Arizona law aimed at curbing illegal immigration isn’t out of the question, Attorney General Eric Holder said Tuesday.”

This politically expedient yet misguided law is going to end up costing Arizona in more ways than one:  Legal challenges from all sides, a lack of immigrant cooperation in apprehending violent criminals, and decreased tourism are but some of the ways that Arizonans and state businesses will suffer as a result of this new law.

The federal government needs to act on immigration.  Whether they do so now or after the mid-term elections will be a result of serious political calculations.  Supporters of immigration reforms do not want it to be rushed and fail for fear it will be very difficult to reintroduce the issue after failure.  On the other hand, if the issue is not addressed now, when is a good time?  There are always reasons to put off what must be accomplished.  I have noticed that even Republicans, with the exception of the talk radio right, have softened their tone on the issue when discussing and often criticizing the Arizona law.

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The new Arizona anti-immigrant law will require law enforcement officers to determine the immigration status of individuals where “reasonable suspicion exists that the person is an alien who is unlawfully in the United States.”

Take a moment to ask yourself, are you “reasonably suspicious”?  What characteristics would one have to possess to be considered “reasonably suspicious” to a police officer?  Is it not likely that someone who may be “reasonably suspicious” to one person may not be to another.

Most civil liability for conduct involves the vague “reasonableness” standard and judges and juries frequently spend weeks hearing evidence to determine whether a party acted reasonably or not.  To give even a few rogue police officers the power to abuse this law is a huge mistake that all Arizonans will pay for both economically and in what many suspect will be a rise in criminal activity.  It is not enough for some police chiefs to say “trust us, we won’t abuse our power.”  As a society, we must have the common sense not to give broad, undefined powers to law enforcement.  This legislation is likely to be overturned on constitutional grounds.  Hopefully Arizona’s misguided law will serve as a motivation for our federal  government officials to do what they are paid to – enact legislation to solve national problems such as immigration.

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Immigration Reform, despite promises made by the President and congressional leaders was not among the issues to be introduced before the mid-term elections.  Then came the controversial, arguably unconstitutional, racially divisive Arizona legislation that was signed into law yesterday.  Senator Reid has now indicated that he is prepared to move forward with immigration reform and make it the top legislative priority, ahead of energy legislation.  However, according to an article on  “The push for immigration reform may be on the front burner for congressional Democrats, but sources say that ultimately, they believe the issue is unlikely to have enough votes to pass.”

Whether Immigration Reform is likely to pass or not, many believe that it may be a brilliant strategic move for Democrats to bring the issue to the forefront:  The logic is that the inevitable demonizing of the undocumented by the far right could cause a backlash that would allow Democrats to win more congressional seats or at least spare some that they would have otherwise lost given the large bloc of Latino voters.

On the other hand, some have argued that a solely political motive that is rushed and leads to failure could doom prospects for reform for a long time to come.  Moreover, Senator Lindsey Graham is backing away from supporting the measure even though he has been a co-sponsor of proposed legislation.  Politics will undoubtedly come into play and this administration and congress will have to use every tool at their disposal if they want to pass CIR before the mid-term elections.  It will undoubtedly be an uphill battle but, then again, so was health care reform.

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Today Arizona Governor Jan Brewer signed into law anti-immigrant state legislation that will inevitably lead to racial profiling by local police officers and will cost the state millions to defend lawsuits by those who file suit claiming police forces are not following the new law and from those who will claim to have been wrongfully detained.  You can rest assured that legal organizations have already begun drafting complaints in anticipation of the inevitable plaintiffs that will come forward in the coming weeks.  This law, especially the portion requiring officers to inquire about immigration status when they have “reasonable suspicion” that someone may be in the country illegally.  It further states, almost as a side note, that an officer may not “solely”use race in making such an inquiry – realistically implying that it will certainly be a factor among others.  It will be far too easy for an officer to invent additional reasons besides race when justifying such an inquiry.

All the buzz about this terrible law has brought much-needed attention back to the immigration debate on a federal level.  If the Obama administration and Congress work together and act fast to pass federal comprehensive immigration reform, it would be in the best interest of the country.  The approach must combine increased enforcement with a path for legalization for undocumented aliens who currently reside in the US.  Senators Schumer and Graham have proposed a bi-partisan bill that is a good start on the journey to revamp this nation’s outdated and ineffective immigration laws.

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Every seven year old should have grasped the concept that carrots and sticks, doing things in moderation, and a “reasonableness” standard are all key when seeking solutions to problems.  A one-sided approach to issues such as immigration will often backfire.  A great opinion piece that appeared on, makes the point.

Mandating that police who have “reasonable suspicion” of someone’s immigration status demand to see documents will encourage racial profiling and lead to lawsuits by both those who may have been wrongfully victimized or arrested.  This, in addition to the training that will be required for all police to understand the complex immigration laws and acceptable documentation to prove one’s status will prove costly for the state.  Moreover, those police forces that take the common-sense approach and refuse to follow such a mandate as it interferes with generally accepted good policing practices, will be open to lawsuits under this proposed law.  Community policing has gained favor around the world as police understand that there jobs are made much easier and they are much more effective when officers have gained the trust and cooperation of those they protect.  An “us versus them” mentality leads to crimes going unreported for fear of victims being questioned or arrested regarding their invalid or nonexistent immigration documentation.

When dealing with the immigration issue, we need a federal overhaul of the existing system that is both logical and fair and is not just used as a political tool.  Not only is CIR necessary and in the best interest of America, it is also a political loser, regardless of one’s position.  Just as President Obama and the Democrats used whatever tools were at their dosposal to pass Health Care Reform, a similar approach must be taken to get anywhere with immigration.

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Our firm, Maged Rost, has launched a new website, in which we share news and developments relating to US immigration through investment.  The site remains a work in progress and we intend to add content on a regular basis to keep the site current and informative.  A blog devoted exclusively to immigration through investment will be forthcoming.

Given the tough immigration climate and our country’s need for new jobs, immigration through investment is becoming a popular option.  Please visit our new site and feel free to offer any constructive criticism!

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According to an article on  “A well-known Mexican soap opera star and her American husband face federal charges of entering a sham marriage so she could get legal residency in the United States.”

Engaging in a fraud marriage to evade US immigration laws can lead to severe criminal consequences for both the foreign-national and the US Citizen.

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