Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Tag Archives: ICE

Looking Back — Not Much Immigration Solace from Obama

Posted in Administrative Appeals Office - USCIS, Border Issues & CBP, Democrats on Immigration, Enforcement/USICE, H-1B Visas, L-1 Visa, Obama Administration on Immigration, Removal Proceedings, Uncategorized, USCIS

As the Obama presidency nears its twilight, let me tell you about our leader’s eight-year, largely-disappointing record on immigration.

But first a bias alert:  I voted for the President twice; I like and respect him; and I marvel at how glib, cool, incisive, studious, and otherwise mostly big-hearted he’s been.  With favorability ratings nearing 60 percent, he’s seen by most … Continue Reading

Immigration on a Clean Slate: Game-Changing Proposals on Visa Modernization

Posted in Adjustment of Status, Border Issues & CBP, Border Security, Consular Officers, Courts on Immigration Law, DHS Technology Reforms, EB-5, Employment-Based Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), Homeland Security, Immigration Courts, Immigration Reform, Immigration Regulations, Legal Representation, Obama Administration on Immigration, USCIS, VAWA - Violence against Women Act

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

Immigration Voices: “Gambling on Immigration at a Dangerous Intersection (Merry Christmas, Ninja Squirrel!)”

Posted in Enforcement/USICE, Guest Columns, I-9s, Obama Administration on Immigration

[Blogger’s Note:  Today we have a dandy guest post from the ever insightful, prolific and droll, Nici Kersey.  Don’t be put off by her introductory paragraphs.  There’s an immigration gem awaiting — one that employers, and the lawyers who counsel them, will not want to miss.]

Gambling on Immigration at a Dangerous Intersection(Merry Christmas, Ninja Squirrel!) By Nicole (Nici) KerseyContinue 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 yet for employers, the states 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 set … 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 I-9 Audit Process is 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 how we face … 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 … 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 sense. It’s like looking at an … 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 are bottomed on stories.

Although … Continue Reading

Immigration’s Defining Moment — Do You Know Employment When You See it?

Posted in Adjustment of Status, Deportation - Removal, Employment-Based Immigration, Enforcement/USICE, I-9s, USCIS

With all the political hoo-ha about the need to prevent rascally businesses from employing unauthorized workers intentionally, the public ought not be faulted for assuming that the concept of “employment” under immigration law is clearly defined.  Sad to say, but the assumers give life to the maxim that when we consider facts not in evidence we make a derrière out Continue Reading

Immigration, Cheesy Style

Posted in Adjustment of Status, General Immigration, Guest Columns, Immigration Courts, USCIS

[Bloggers Note:  Today’s offering is a Guest Post by Nici Kersey, who recounts memories as a child and their lasting impact, even on her practice of immigration law.  For a similar recollection of government handouts from my childhood, click here.]

Government Cheese

by Nici Kersey

My first memory of “the government” involves government cheese.  My great-grandmother always had the stuff … Continue Reading

A Cancer within the Immigration Agency

Posted in Congress on Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), H-1B Visas, L-1 Visa, Obama Administration on Immigration, USCIS

I think that . . . there’s no doubt about the seriousness of the problem . . . We have a cancer–within, close to the Presidency, that’s growing. It’s growing daily. It’s compounding, it grows geometrically now because it compounds itself. 

[John] Dean [recapping] the history of the Watergate break-in and subsequent cover-up for . . . President [Nixon]. March 21, 1973… Continue Reading

Immigration Kudos to ICE and USCIS — Now All of Us Must Get to Work

Posted in Congress on Immigration, Deportation - Removal, Enforcement/USICE, General Immigration, Immigration Reform, Labor Unions, Unauthorized Practice of Immigration Law, USCIS

Credibility is the cornerstone of reputation.  That’s why, despite the shock and awe that regular readers of NationOfImmigrators.com may experience, this blogger (who sees immigration dysfunction virtually everywhere, especially under the Obama Administration) now heartily applauds recent actions of two immigration agencies within the Department of Homeland Security (DHS) — ICE (Immigration and Customs Enforcement) and USCIS (U.S. Citizenship and Immigration Services). 

As suggested … Continue Reading

Deportation Hearing Notices Flood the Immigration Removal Process

Posted in Border Issues & CBP, Congress on Immigration, Courts on Immigration Law, Deportation - Removal, Enforcement/USICE, General Immigration, Immigration Reform, Obama Administration on Immigration, USCIS

Our government leaders often ignore elementary rules of ecology and economics when trying to grapple with America’s immigration problems.

Ecology teaches that a system cannot thrive or long function if inputs far outnumber outputs. When rainwater enters the Mississippi in a volume that exceeds the river’s carrying capacity, levees are breached, adjacent lands are flooded, and people are devastated.

Economics … Continue Reading

Immigration Punking — Left, Right and Center

Posted in Congress on Immigration, Enforcement/USICE, General Immigration, H-1B Visas, Immigration Reform, Immigration terminology, Obama Administration on Immigration

On the first day of the second quarter of 2011, I fell for a joke.  As the Urban Dictionary (definition #2) would word it, I was “punk’d“!  I didn’t merely fall for just any immigration-related ersatz news item (like the passage of the CIRAF bill reported by my colleagues in ABIL), I breathlessly embraced as the truth an emailed report I quote … Continue Reading

Immigration ICE Storms Are Brewing: 7 Steps Employers Must Take NOW

Posted in Employment-Based Immigration, Enforcement/USICE, General Immigration, Global Migration, I-9s

The weather outside is frightful. Large chunks of hail are beating the earth in the form of “Notices of Inspection” (NOIs), delivered by U.S. Immigration and Customs Enforcement (ICE).  These NOIsome ICE chunks are hitting the doorsteps of more and more U.S. employers (1,000 have just landed). Even in unlikely San Francisco I understand that at least two large employers are shivering as … Continue Reading

ICE’s New Employment Compliance Inspection Center to Target the Largest U.S. Companies

Posted in Uncategorized

Practicing employment-related immigration law seems much like serving as consigliere to the biblical David and advising him on Goliath’s points of vulnerability (“[smite] the Philistine in his forehead“). As the bar knows well, in immigration matters the brobdingnagian federal government tends to go after the most lilliputian of American businesses. 

The early case law interpreting the duty of employers to complete Form I-9Continue Reading