Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: Enforcement/USICE

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The “When” of Immigration

Posted in Congress on Immigration, Enforcement/USICE, GOP on Immigration, Immigration Reform, Obama Administration on Immigration
In everyday English, “when” clearly “connote[s] immediacy.” . . . ’”when’ … can be read, on the one hand, to refer to ‘action or activity occurring ‘at the time that’ or ‘as soon as’ other action has ceased or begun … [But on] the other hand, ‘when’ can also be read to [mean] ‘at or during the … Continue Reading

Immigration Voices: Baring My Teeth at I-9 Enforcement Inequalities

Posted in Enforcement/USICE, Guest Columns, I-9s, State Immigration Laws
[Blogger's note:  Here we go with another guest column from Nicole (Nici) Kersey who offers a witty, wise and worthy post on the inequities and inanities of the worksite enforcement scheme concocted by Congress in 1990, a flawed system of employer deputization of governmental functions largely maladministered by various agencies of the Executive Branch.  Worse … Continue Reading

Immigration Dreaming in California — Assembly Bill 263 Will Bring Nightmares to the State’s Employers

Posted in Employment-Based Immigration, Enforcement/USICE, I-9s, Immigration Regulations, State Immigration Laws
“California deserves whatever it gets. Californians invented the concept of life-style. This alone warrants their doom.” ― Don DeLillo, White Noise “Political corruption, social greed, and Americanized quasi-socialism can ruin even the most wonderful places. California proved that.” ― Tiffany Madison As a transplant from Michigan who has thrived in California since settling here in … Continue Reading

Immigration Voices: “E-Verify’s New Lock ~ Like it or Not, This is a Big Deal!”

Posted in E-Verify, Enforcement/USICE, Guest Columns, I-9s, National ID card
[Blogger's Note: Once again, the wonderfully insightful, witty and quirky Nici Kersey -- I-9 and E-Verify expert extraordinaire -- offers the straight scoop on the new E-Verify "lock-down" feature.  Though she sometimes publishes unfounded rumors about me (let the record reflect, I've not begun a chauffeur service on the side), she kindly gave me a weekend respite … Continue Reading

Four Post-Infosys Strategies for Corporate Customers and Consultants to Minimize Immigration Risks

Posted in B-1 Visas, Business Visitors, Courts on Immigration Law, DOL, Employment-Based Immigration, Enforcement/DOL, Enforcement/USICE, Foreign policy, General Immigration, H-1B Visas, Homeland Security, I-9s, Immigration Discrimination, Immigration Law Complexity, Immigration Lawyers, Immigration Portfolio Management, Immigration Regulations, Immigration terminology, Legal Representation, Obama Administration on Immigration, Trade in Services, USCIS
Samuel Herbert, Her Majesty’s Home Secretary from 1931-32 (the British equivalent of the U.S. Secretary of Homeland Security), could well have been speaking about two recent immigration-related events when he quipped that “bureaucracy” is “a difficulty for every solution.” One is an October 30 Settlement Agreement between Indian It consulting giant, Infosys, and the U.S. Attorney for the … Continue Reading

If Immigration Law Were a Person It Would Sing: “Oh Lord, Please Don’t Let Me Be Misunderstood”

Posted in Border Security, Congress on Immigration, Deportation - Removal, DREAM Act, Enforcement/USICE, Immigration "Tribes", Immigration Law Complexity, Immigration Lawyers, Immigration Reform, Mexico, Obama Administration on Immigration, Removal Proceedings
[Blogger's Note:  An earlier version of this post mistakenly suggested that the article discussed below offering the views of an immigration lawyer was written by that lawyer.  It was not; rather it was written by a reporter who quoted the lawyer.  This blogger regrets the error.] The power of online and social media to whip … Continue Reading

The Immigration Scandal at DHS — Just as Bad as at IRS

Posted in Border Issues & CBP, Congress on Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), Homeland Security, Immigration Reform, Labor Unions, Obama Administration on Immigration, USCIS
Immigration law and tax law, although at first glance strikingly different, share much in common.  Each rivals the other in complexity.  Each permeates every nook and cranny of human behavior — from commerce and criminality to love and divorce, from mental illness to extraordinary brilliance, from birth to death and everything in between. Though each … Continue Reading

No Time for Rich-Whining, CIR Advocates Must Stay Focused on the Senate

Posted in Customs and Border Protection, Democrats on Immigration, EB-5, Employment-Based Immigration, Enforcement/USICE, Family Immigration, Global Migration, GOP on Immigration, H-1B Visas, Homeland Security, Immigration Reform, L-1 Visa, USCIS, USCIS Ombudsman
While most of the nation fixated this week on black and brown American heroes in Cleveland, the attention of immigration advocates diverged.  They vacillated between delight with the imploding anti-immigration conservative movement and nail-biting over votes on a flood of amendments to the massive, bipartisan Gang of Eight bill in the Senate Judiciary Committee. Schadenfreude … Continue Reading

Arcing toward Immigration Justice: “Illegals” No More

Posted in Consular Officers, Enforcement/USICE, Hate speech, Immigrant Visas, Immigration and Journalism, Immigration Lawyers, Immigration Reform, Immigration terminology, State Department
All of us at times become dispirited.   As I’ve viewed immigration over the last 40 years, passionate advocates have come and gone, fortunate foreign citizens have been granted green cards and then naturalized; but the harshness and hard-heartedness of immigration law as a reflection of American cultural norms hasn’t really diminished. For example, back in the 1980s I … Continue Reading

The New I-9: Why Now When We Need Immigration Amnesty for Employers?

Posted in Congress on Immigration, DHS Technology Reforms, Enforcement/USICE, I-9s, Immigration Lawyers, Immigration Reform, Immigration Regulations, Obama Administration on Immigration, USCIS
The New I-9: Why Now When We Need Immigration Amnesty for Employers? By Nicole Kersey and Angelo A. Paparelli   Irony was plentiful last week in Washington and around the country.  One particularly hawkish Republican, Senate Minority Leader Mitch McConnell (who never met a war-on-terror strategy he disliked), glommed onto Senator Rand Paul’s filibustery droning against drones … Continue Reading

The I-9 Audit Process is a Game — Alas, it is Football, not Soccer

Posted in Employment-Based Immigration, Enforcement/USICE, I-9s, USCIS
[Blogger's note:  Today's guest column is by my colleague at Seyfarth Shaw, John Quill. Three abiding passions animate John -- love of family, sports (hockey in particular) and immigration law.  His passion for sports and frustration with U.S. immigration law's employer-sanctions enforcement regime combine today to bring us this insightful and wistful post.]    The … Continue Reading

The 2012 Nation of Immigrators Awards – The IMMIs

Posted in Border Issues & CBP, Congress on Immigration, Courts on Immigration Law, Democrats on Immigration, Deportation - Removal, DHS Technology Reforms, DOL, DREAM Act, Employment-Based Immigration, Enforcement/USICE, Foreign policy, General Immigration, GOP on Immigration, H-1B Visas, I-9s, IMMI Awards, Immigration Courts, Immigration Protectionism, Immigration Reform, Investor Immigration, L-1 Visa, Obama Administration on Immigration, State Department, State Immigration Laws, Unlawful Presence, Waivers of Inadmissibility
As we count out the final hours of 2012, let’s recall the highs and lows of the past year in America’s dysfunctional immigration ecosphere. Nation of Immigrators is pleased to confer its third annual IMMI Awards. (Full disclosure: As in past years, these are my personal choices. If you disagree or believe I’ve missed an … Continue Reading

Guest Blog: All I Got for Christmas Was a Crumb-y Immigration Compliance Checklist

Posted in Enforcement/USICE, Guest Columns, I-9s, Immigration Regulations
[Blogger's Note:  Today's post brings a bit of holiday cheer from my colleague and I-9 expert, Nicole ("Nici") Kersey.  I want to publicly thank her for allowing me a Christmas break from blogging, and for the delicious chocolates. Also, there's still time to nominate Immigration's Winners and Losers for the 2012 Nation of Immigrators Awards -- … Continue Reading

Reforming Immigration “with Liberty and Justice for All”

Posted in Adjustment of Status, Administrative Appeals Office - USCIS, Border Issues & CBP, Congress on Immigration, Consular Officers, Courts on Immigration Law, Democrats on Immigration, DOL, EB-5, Employment-Based Immigration, Enforcement/DOL, Enforcement/USICE, Global Migration, GOP on Immigration, H-1B Visas, Immigration Courts, Immigration Law Complexity, Immigration Lawyers, Immigration Reform, Immigration Regulations, Investor Immigration, Legal Representation, Obama Administration on Immigration, State Department, Trade in Services, USCIS, USCIS Ombudsman
As Republicans join Democrats in contemplating reform of the nation’s dysfunctional immigration system, the final line of the Pledge of Allegiance (“with liberty and justice for all”) is the best place to start.  Revitalizing our broken and outdated 20th Century immigration laws to respond to the needs of 21st Century America will turn in large part on … Continue Reading

Immigration Brainstorming and DREAMstorming

Posted in DREAM Act, Enforcement/USICE, Fraud Detection & National Security (FDNS), Immigration "Tribes", Immigration Law Complexity, Immigration Lawyers, USCIS
Andrew Jackson had his ”Kitchen Cabinet,” Franklin Roosevelt his “Brain Trust.”   Seth Godin has his “Tribes,” web-based “silos of interest.”  I’ve been a member of many tribes (as I write this I’m recalling my tattered T-shirt from my own and my adult daughter’s Indian Princess days, many moons ago [click here to see the shirt]). In the Googlean sense, immigration lawyers … Continue Reading

Immigration D-Day for DACA: Get Protection!

Posted in DREAM Act, Enforcement/USICE, Guest Columns, Immigration Law Complexity, Immigration Reform, Immigration Regulations, Obama Administration on Immigration, Unauthorized Practice of Immigration Law, Unlawful Presence, USCIS
[Blogger's note:  Tomorrow, August 15, 2012, is perhaps as momentous to DREAMers as D-Day, June 6, 1944, was to The Greatest Generation.   The invasion of Normandy marked the end of World War II in Europe and the fall of a tyrannical Nazi regime that made mincemeat of the rule of law. Though the comparison may seem hyperbolic to … Continue Reading

Immigration Good Behavior — a Riddle Riddled with Riddles

Posted in Adjustment of Status, Border Issues & CBP, Congress on Immigration, Consular Officers, Courts on Immigration Law, Customs and Border Protection, Enforcement/USICE, Immigration Courts, Immigration Law Complexity, Immigration Reform, Immigration Regulations, Immigration terminology, Removal Proceedings, Unlawful Presence, USCIS
“[A] riddle, wrapped in a mystery, inside an enigma”  ~ Winston Churchill The most quotable of British Prime Ministers could well have been talking about the American immigration system rather than describing Russia in 1939.  U.S. immigration law is like stratified rock, revealing layer on layer of Congressional accretions laid down over many years, with the … Continue Reading

Hot from Miami: Four Fresh and Seasoned Immigration Reform Proposals

Posted in Border Issues & CBP, Employment-Based Immigration, Enforcement/USICE, Global Migration, Guest Columns, Immigration Reform
[Bloggers note:  Today's guest column is co-authored by two shining stars in the immigration firmament, Roxana Bacon and Esther Olavarria, who offer four innovative proposals for immigration reform conceived by their law students at the University of Miami Law School. The post is longer than usual but well worth your time.   The melding of  insights from the immigration … Continue Reading

Immigration Law — Moving away from Individual Rights

Posted in Congress on Immigration, Enforcement/USICE, Extreme Hardship, Guest Columns, Immigration Discrimination, Immigration Law Complexity, Immigration Reform, Obama Administration on Immigration, Waivers of Inadmissibility
[Blogger's Note:  This week's guest column is by Jennifer Oltarsh, an immigration lawyer practicing in Manhattan. She writes about how the tendency of Congress and the Obama Administration to require the incarceration of low-level immigration law violators without providing individualized determinations of whether a detainee will be released from custody has led to massive increases in the population … Continue Reading

The President Has Spoken — Can DHS Make the Immigration DREAM Come True?

Posted in DREAM Act, Enforcement/USICE, Fraud Detection & National Security (FDNS), Immigration Reform, Immigration Regulations, Obama Administration on Immigration, Removal Proceedings, Unlawful Presence, USCIS
The portents were plentiful, reaching back 30 years. Yet none but a clairvoyant could have predicted the aftermath on June 15, 1982 when the Supreme Court in Plyler v. Doe provided undocumented children with a guarantee of education through high school. Three decades to the day, a mixed-race president (whose Kenyan father was hounded out of the … Continue Reading

When Possible, Treat Immigrants As Criminal Defendants, Not As Criminals

Posted in Congress on Immigration, Enforcement/USICE, Immigration Courts, Immigration Reform, Legal Representation, Removal Proceedings
An essay in today’s New York Times, “Unexceptionalism:  A Primer,” by the novelist, E. L. Doctorow, describes in four “phases” how America can take steps to become unexceptional, that is, “indistinguishable from the impoverished, traditionally undemocratic, brutal or catatonic countries in the world.”  Phase one begins with Bush v. Gore, a ruling that “ignore[s] the first … Continue Reading

Musing on Immigration Liberty: If I had a son, he’d look like a DREAMer

Posted in Congress on Immigration, DREAM Act, Enforcement/USICE, Obama Administration on Immigration
Last week I ventured into an alternate reality. Like the child, Alice, descending through the rabbit hole, I engaged on immigration with Executive-Branch officials, immigration lawyers, members of Congress, including the indefatigable champion of immigration reform, Rep. Luis Gutierrez, their staffs, and a group of 7th and 8th graders advocating on the Hill for passage of the … Continue Reading

Immigration’s Private Parts Modestly Yet Shockingly Exposed

Posted in Consular Officers, Enforcement/USICE, State Department
With more than three decades of experience under my belt, I like to fancy myself an expert in immigration.  Yet however much I think I understand the subject, new things surface that blow my mind and puncture my inflated sense of self.  I have come to realize that much of what I “know,” I merely surmise or … Continue Reading

Telling Immigration Stories: It’s Not Just about Code Sections

Posted in Adjustment of Status, Enforcement/USICE, Extreme Hardship, General Immigration, Hate speech, Immigrant Visas, Immigration Law Complexity, USCIS
From the first prehistoric evenings sitting around campfires, humans have been telling stories. Heroic myths, fairy-tale fables, oral histories — all have been seared into heart and memory through the power of narrative. Civil and criminal trials are merely stylized forms of storytelling.  Journalism’s hook, theatre’s Sturm und Drang, reality television’s sour and sweet confections – all … Continue Reading