The pattern by now is all too familiar. With the Trump Administration fully ensconced, the rollback of President Obama’s eight-year legacy continues. This time it involves the International Entrepreneur Regulation — an imperfect and burdensome rule that would have become effective last month had the Administration not imposed a delay. The Obama-era rule created a labyrinthine human steeplechase allowing a … Continue Reading
[Blogger’s Note: Today is the last day to submit comments to the Justice Department on its proposed rule which would modify its immigration-related antidiscrimination regulations, which are enforced by the Office of Special Counsel for Unfair Immigration-Related Employment Practices (the Special Counsel). The proposal’s fine print reveals that DOJ’s effort is in essence an unlawful power grab that would expand … Continue Reading
The Department of Homeland Security, through its component agency, U.S. Citizenship and Immigration Services (USCIS), has issued a proposed regulation to allow a qualified foreign citizen to gain entry and be employed in the United States if he or she will engage in activities that are likely to “increase and enhance entrepreneurship, innovation, and job creation in the United States” … Continue Reading
[Blogger’s Note: This post is submitted as a necessarily-lengthy formal comment to the November 20, 2015 draft guidance of U.S. Citizenship and Immigration Services, PM-602-0122, interpreting the phrase, “the same or [a] similar occupational classification” as used in the “increased job flexibility” provisions of Immigration and Nationality Act (INA) §§ 204(j) and 212(a)(5)(A)(iv). This comment incorporates by reference the … Continue Reading
Terabytes of text have already been generated in the course of extolling or excoriating President Obama for his November 20 Executive Actions on Immigration. The prolific foaming of bloviating mouths has mostly been prompted by the promise of deferred action and work permits for undocumented immigrants under the DACA and DAPA programs. Surprisingly, however, his equally profound measures to improve … Continue Reading
The dysfunctional immigration world continues to spin dangerously out of control.
Do-nothing House Republicans (and five pusillanimous Democrats) commit political seppuku with the passage of the ENFORCE Act — a going-nowhere bill which would authorize civil suits against the President to dissuade him from doing something to husband scarce prosecutorial resources and ameliorate the harsh consequences of deportation for noncriminal … Continue Reading
Ellis Island, which opened as an immigration processing post on January 1st 122 years ago, symbolizes for many Americans of immigrant descent the place where would-be entrants to the U.S. learned whether they would be admitted to the country. Perhaps the most famous and wrenching location within this hallowed landmark are the “stairs of separation,” a staircase divided into … Continue Reading
“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 1982, I’ve come to expect … Continue Reading
The times they are a-mournin’ for proponents of immigrant rights and immigration reform. While Pope Francis shows the world how to love by embracing and praying with a tumor-scarred man, immigrants-rights activists and immigration-reform pragmatists are at war among themselves over tactics in the battle to achieve just solutions to our nation’s dysfunctional immigration problems. They who should be allies … Continue Reading
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.”
French philosopher and aphorist, François-Marie Arouet, better known by his nom de plume, Voltaire, wrote in Italian that “Il meglio è l’inimico del bene [the perfect is the enemy of the good].”
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 in protest of John … Continue Reading
[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.
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 how we face … Continue Reading
At least by 1602 with the chartering of the Dutch East India Company, and perhaps as early as the 1300s with the formation of the first colleganza, a rudimentary joint-stock company set up in Venice to share the cost of a trade expedition, human beings and corporations have cohabited the earth.
Although the shared habitation of human and juridical beings has never been … Continue Reading
[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 some, I remember … Continue Reading
“[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 superstructure upended in … Continue Reading
[Blogger’s note: Whether by dint of nature or nurture, lawyers love to argue; immigration lawyers perhaps more so. Unlike our colleagues (outside of immigration practice) for whom sources of law are better defined, immigration attorneys can access a wider array of law and non-law sources with which to fashion our pro and con arguments.
As a change of pace … Continue Reading
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 U.S. as a student by … Continue Reading
Last week, the American Council on International Personnel (ACIP) convened its 40th annual symposium in Pentagon City VA, just outside Washington DC, an event attended by scores of immigration managers and corporate counsel hailing from Fortune 500 and Forbes 100 companies.
A week earlier, on the other side of the globe, hedge funds and institutional investors following the IT … Continue Reading
“How old would you be if you didn’t know how old you are?” ~ Satchel Paige
One of the benefits of having played in the immigration sandbox for a long time is to see old friends return. A fondly remembered playmate — who left in 1995 and returned in 2010 — is a good ol’ cuss named ACUS — the Administrative … Continue Reading
I send greetings to all those observing Public Service Recognition Week 2012. Each day, our country benefits from the efforts of dedicated Federal, state, and local government employees who do their jobs with pride and passion. So many of these men and women work tirelessly on … Continue Reading
With the 2012 presidential campaign in full throb, candidates Obama and Romney are embracing “the vision thing” — that nemesis of the first President Bush whose reelection effort reportedly failed because he did not “frame his positions on individual issues in a compelling and unified manner.” The two de facto nominees paint a starkly different picture of where … Continue Reading