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United States Immigration News
 New York, June 2009
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U.S. JAILS TO EXPAND IMMIGRATION CHECKS

Jail and Immigration CheckWashington D.C. - President Obama is seeking funds to expand programs that will enable local jails to check the immigration status of inmates. Individuals incarcerated in federal and state programs already undergo immigration checks, but plans are underway to ensure that the immigration status is checked of inmates in all local jails throughout the United States. This program is expected to result in a marked increase of deportations of illegal immigrants who have committed crimes and were previously ordered to leave the country. The program is currently operating in Miami, Boston, Phoenix, Houston, Dallas, and Los Angeles. President Obama is asking for approximately $200 million to fund the expansion of the program, enabling it to receive $1.1 billion in funding by 2013.

JUNE 1 PASSPORT DEADLINE

Passport Deadline June 1Newark, NJ - On June 1, 2009 heightened U.S. passport requirements take effect. As of this date, Americans will be required to have a passport or other governmental approved ID in order to get back into the country from land or sea from Canada, Mexico, Bermuda, and the Caribbean. Those without a passport or other approved form of identification will, at the very least, face delays upon their return to the country. The US Passport Card and enhanced driver’s licenses are included on the list of accepted forms of identification for land and sea crossings. Children under 16 are exempt from the June 1 deadline, and will be able to prove their US citizenship with a birth certificate. Cruise ship passengers traveling from a US port June also be exempt, but this depends on the cruise line. The new passport requirement for all land and sea crossings into the US is a part of the Western Hemisphere Travel Initiative, which was developed in response to the September 11 terrorist attacks.

U.S. TO BEGIN IMMIGRATION REFORM MEETINGS

Immigration ReformWashington, D.C. - Plans are underway to begin discussions in regards to comprehensive immigration reform legislation. President Obama has set a June 8 meeting at the White House for Senate and House leaders to begin discussing immigration reform. According to a White House spokesman, the Obama administration is hoping to propose immigration reform legislation by the end of this year. Fueling the debate is the decrease in arrests at the Mexican –U.S. border. Arrests in this area are down by 27% from prior years. This figure is in part due to the decline in illegal immigration to the United States, which is attributed to the downturn in the U.S. economy. The increase in immigration enforcement is also believed to be contributing to the decrease in illegal immigration to the United States. The United States has nearly doubled its employment of border patrol agents since 2001. In addition, to date, over 600 miles of border fencing has been completed of the proposed 2000 mile fence.

E-VERIFY DEMONSTRATES IMPROVEMENTS, BUT STILL NOT PERFECT

E-verifyDallas, TX - E-Verify, an electronic eligibility verification system that is designed to assist employers in verifying the immigration status of potential employees, has recently underwent several improvements. The system allows employers to verify the identity and immigration status of new employees by checking with government databases, so that individuals unauthorized to work in the United States, such as illegal immigrants, are not hired. E-verify has remained a focal point of comprehensive immigration reform, and has received much funding . The use of E-verify has tripled from 2006 to 2008, and is used to screen 1 out of every 10 newly hired employees in the United States. As of last month, over 117,000 employers have registered to use the system. This can be compared to only 9,000 employers who registered in 2006. Current US law mandates that all US employers check potential new employee’s documentation and fill out an I-9 form, to ensure work eligibility in the U.S. However, only certain employers are required to use E-Verify such as employers in certain US states, certain federal employers, and employers who have previously been convicted of hiring illegal immigrants. Recent improvements have allowed for the majority of queries (approximately 96 %) to receive a response within 24 hours, and non-confirmations have decreased. However, many believe that E-Verify still needs to see even more improvements, as a number of individuals who have reportedly been unauthorized to work in the United States have received employee verification and have been hired.

IMMIGRATION ENFORCEMENT FOCUSES ON EMPLOYERS, NOT EMPLOYEES

Immigration and EmployersPhoenix, AZ - The Department of Homeland Security recently released new guidelines that shifted immigration enforcement to employers who knowingly hire illegal immigrants, as opposed to the illegal immigrants themselves. Thus, U.S. Immigration and Customs Enforcement will now focus on enforcing immigration law with employers who hire unauthorized workers. Advocates of this new approach applaud DHS by focusing on a key source of illegal immigration – employers who provide jobs to illegal immigrants. Previously, DHS enforced immigration law by conducting workplace raids and arresting unauthorized workers. Last year, of the 6000 arrests that were made at workplaces, only 135 of the arrests were employers. Undoubtedly, this new approach set forth by the DHS will result in changes in immigration enforcement and arrests of unauthorized workers will be significantly curtailed. Many point out however, that arrests of those who employ illegal immigrants are difficult to make, stating, “..It’s not very easy to make a case against employers under the current law.”

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