Immigration Resources
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by elianaphelps on Feb.11, 2010, under Law and Policy
This report provides estimates of the unauthorized immigrant population residing in the United States as of January 2009 for periods of entry and leading countries of birth and states of residence.
DHS estimates that the unauthorized immigrant population living in the United States decreased to 10.8 million in January 2009 from 11.6 million in January 2008.
by elianaphelps on Feb.10, 2010, under Immigration Law Reform
Los Angeles-based immigrant rights advocates announced Tuesday that they have filed formal complaints against a Santa Clarita councilman they say deserves to be censured for violating the city’s code of ethics and conduct by declaring himself “a proud racist.”
They also accuse Kellar of being a member of the Santa Clarita Valley Independent Minutemen group — a staunch anti-illegal immigration organization whose members sometimes patrol the U.S.-Mexico border in an attempt to prevent illicit crossings. Kellar has denied being a member of the group, which helped organize the rally at which he spoke.
Bob Kellar (ex mayor, ex cop and veteran councilman) has said that he stands by his remarks, which he said were personal and have been misconstrued. He insisted that he abhors racism, and he has received zealous support from many Santa Clarita residents.
Full story on the LA Times site.
by elianaphelps on Nov.20, 2009, under E-Verify, Law and Policy
The New York Times is reporting that the ICE are about to audit 1,000 companies for illegal workers.
“An audit consists of ICE officials checking each worker’s Employee Eligibility Verification Form, known as an I-9, to determine what steps were taken to confirm the person was eligible to be hired. If irregularities are found, the companies may then be fined for lax monitoring.
The strategy is part of the Obama administration’s effort to reduce illegal immigration by forcing companies to fire unauthorized workers rather than by conducting raids at the workplace, actions that are often accompanied by great personal trauma, including deportation and the dividing of immigrant families.”
The knock-on effect of this initiative is that employers are firing illegal workers. Already American Apparel in LA fired 1800 workers after inconsistencies were detected in a similar audit in September 2009.
by elianaphelps on Aug.12, 2009, under Deportation, Law and Policy
Even as a victim of a crime or traffic violation, an immigrant can be arrested, detained and possibly deported when law enforcement is involved.
The fastest way to inform the Immigration and Customs Enforcement Agency (ICE) of your illegal immigrant status or your past/present violation of the immigration laws is to interact with police, prosecutors or jail personnel without legal representation.
A simple traffic violation will be the beginning of a hard and very stressful battle to remain in the U.S. when ICE is notified of the nationality of the violator. In a matter of minutes, the traffic violator is questioned, arrested and held in the custody of the Immigration and Customs Enforcement Agency while awaiting the issuance, service and filing of a Notice to Appear, which initiates the person’s removal from the United States.
by elianaphelps on Jun.24, 2009, under Deportation
Summary
New court ruling means widows and widowers remain legal if their spouse dies during status adjustment or petition process.
First Circuit Court of Appeals Ruling
Justice was finally served and a big battle has been won after the First Circuit Court of Appeals ruling in Nean Chea Taing v Janeth Napolitano, a decision handed down on May 20, 2009. There is hope for thousands of widows and widowers who have been deprived of their immigration right to preserve their status as an immediate relative after the death of a United States spouse, while the petition for ‘alien relative‘ and ‘adjustment of status‘ application is pending.
The Issue:
The First Circuit Court of Appeals was confronted with the issue of whether an alien immigrant spouse of a still pending application for alien Relative and Adjustment of Status to that of a permanent resident continues despite the death of their U.S. citizen spouse. Until today, there has been a dispute as to the viability of retaining the classification of immediate relative status for purposes of obtaining an immigrant visa (legal permanent resident status) in the event that the petitioner, the U.S. Citizen, died during the period of time the application is still pending with the USCIS. It has been the USCIS position that the petitioner must survive the application process and that his/her death during that time terminates the right of the beneficiary to be classified as an immediate relative, and therefore, ineligible to change his/her status to that of a permanent resident.
Court’s Task and Ruling:
The court’s first task was to determine whether the reference “Spouses” as stated in the first sentence of the statutory provision in question includes “surviving spouses” of a United States Citizen. Next, the Court proceeded to narrow the class of aliens allowed to continue being considered “immediate relatives” for purposes of adjusting their status to that of a permanent resident after the death of the petitioner’s US citizen spouse. The court determined that in order for an alien to continue to be considered an immediate relative after the death of his/her US citizen spouse, the deceased US citizen petitioner must have filed an I-130 petition for alien relative previous to his death. The fact that the petitioner dies shortly after the petition was filed is irrelevant. If the US citizen petitioner dies before filing a petition for an alien relative, the surviving beneficiary spouse must have been married to the deceased American citizen for a period not less than 2 years and must file a self-petition (I-130) no later than 2 years after the death of his/her deceased US citizen spouse.
It is expected that the other circuits will join in this ruling.
by elianaphelps on Jun.12, 2009, under Deportation, Law and Policy
Arrests at the downtown Los Angeles Immigration Court angers immigration attorneys.
Untimely Arrests:
Recent arrests carried out at the Immigration Court in downtown Los Angeles by Immigration and Customs Enforcement (ICE) agents. These arrests and subsequent deportations have sparked controversy because they took place before an immigrant’s court hearing, depriving him and the immigration attorney of the chance to plead their case before the judge. These tactics have angered many immigration attorneys who argue that since a case is being brought before a judge, the judge should be the one to make the final decision, not ICE.