If the U.S.’s dysfunctional and baffling immigration laws were a bemusement park, one of the scariest rides would be that tottering roller-coaster, “Worksite Enforcement.” The ride is rickety and showing its age (having been constructed in 1990 with the enactment of the Immigration Reform and Control Act of 1986 [IRCA]). This law — like every good ride — was designed … Continue Reading
The State of California won and lost bigly last July 4th. But what if the state’s biggest loss could be salvaged because the primary federal immigration enforcement agency performing worksite visits – the Fraud Detection and National Security Directorate (FDNS) in U.S. Citizenship and Immigration Services (USCIS) – has never been lawfully authorized to conduct such investigations?
Three Clear Victories … Continue Reading
The California legislature and Governor Jerry Brown have once again entered the immigration fray.
This foray is not about its Sanctuary State legislation, recently enacted, and promptly decried by U.S. Attorney General Jefferson Beauregard Sessions III as “unconscionable”, and by Thomas Homan, Acting Director of U.S. Immigration and Customs Enforcement (ICE), as “[forcing his] hand,” and causing him … Continue Reading
[Blogger’s Note: Today’s post is by my colleague, Mahsa Aliaskari, Seyfarth Shaw LLP’s Senior Counsel. Mahsa has advised and defended businesses with up to 100,000+ nationwide employees on U.S. immigration compliance programs and practices. She and yours truly — along with former USCIS Director, Leon Rodriguez, noted worksite enforcement lawyer, Dawn Lurie, and Alexander Madrak, who … Continue Reading
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
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
[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) Kersey… Continue Reading
[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
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
[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
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
In … Continue Reading
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
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
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
[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.]
by Nici Kersey
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
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
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
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
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
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.