New York, January 2010
The United States Immigration Newsletter
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TPS Status Granted to Haitian Nationals
 Boynton Beach, FL: Due to the devastating earthquake that hit Haiti, the Department of Homeland Security announced that they will grant Temporary Protective Status (TPS) to Haitians who were living illegally in the United States prior to the earthquake. Temporary Protective Status prevents applicable individuals from being deported, and is generally granted to nations that experience a natural disaster or sudden political unrest or conflict. TPS is effective for 18 months, and allows individuals to legally
work in the U.S. It is important to note that TPS does not cover Haitian nationals who flee to the United States after the devastating earthquake. According to the Secretary of Homeland Security, Janet Napolitano, although it is “tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere, attempting to leave Haiti now will only bring more hardship to the Haitian people and nation.” As a result of TPS, the deportation orders for 30,000 Haitians was removed. |
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U.S. Customs and Border Protection Faces Lawsuit
 Brownsville, TX: Immigration attorneys filed a lawsuit against U.S. Customs and Border Protection regarding the way the agency handles citizenship documentation. The lawsuit has the potential to result in widespread changes in how the agency handles
birth certificates as proof of U.S. Citizenship. Recently, U.S. citizens were denied entry into the U.S. at the
Mexico-Texas border because their birth certificates were signed by midwives, instead of medical doctors. Apparently, this is common practice of the CBP, and individuals furnishing birth certificates registered by midwives face additional inspections at the border. This policy is believed to be the result of many years of forgery in which Mexican born children had forged birth certificates signed by midwives. In response to the case, an immigration attorney pointed out that “these are issues that should be handled in a courtroom, not the port of entry, where people do not have access to counsel nor their constitutional rights.” |
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Changing Viewpoints on Immigrants and the U.S. Economy
 New York, NY: A new book entitled, “Immigrant Inc.” maintains that skilled immigrants enhance the U.S. economy and are crucial to its future success. This opinion vastly differs from the viewpoints expressed by former TV host Lou Dobbs who would continuously discuss the economic perils that undocumented immigrants in the U.S. promote. The authors, immigration
attorney Richard Herman and Robert Smith, maintain that would-be immigrants include "brilliant engineers, high-technology specialists, investors and merchants almost certain to become entrepreneurs. "The authors criticize outdated immigration laws that only offer much
bureaucratic red tape to these would-be immigrants. The book lists specific corporations that were founded by immigrants, including Dow Chemical, DuPont, Pfizer, Proctor & Gamble, Google, Yahoo, Intel, PayPal and YouTube. Interestingly, the authors point out that our immigration system currently “discriminates” against talented professionals and that only 9 percent of green cards go to individuals coming to the country to pursue a profession or start a company. |
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HI-B Visa Quota Reached
 Boston, MA: The U.S. Citizenship and Immigration Service (USCIS) announced that they finally reached the year’s quota for H-1B Visa applications. With a quota of 65,000 per fiscal year, some speculate that reaching the quota can be a sign that the economy is improving. H1-B visas allow U.S. companies to hire foreign workers for positions that cannot be filled by American applicants. Previously, it took over 9 months for the quota to be reached, since the recession resulted in less of a demand for foreign workers. Other years, the quota was reached in less than one week. Many HI-B visas are obtained by Indian outsourcing firms, which hire workers abroad and then send them to businesses in United States to work as contract workers. Generally, the number of visa applications coincides with the economy—the stronger the economy the more
visa applications. |
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U.S. Strengthens Enforcement of H1-B Visas
 Washington, D.C.: U.S. Citizenship and
Immigration Services (USCIS) announced its plan to conduct approximately 25,000 site visits of employers utilizing H1-B visas during the current fiscal year (which ends September 30,2010). This is a marked increase from prior years, in which a little over 5,000 site visits were conducted. The USCIS decided to increase the enforcement of H1-B Visa regulations after a study revealed that many employers violate
H1-B Visa rules. According to the study, as many as one in five H1-B visas involved fraud or other violations. Specifically, the USCIS will be conducting site visits to examine if the H-1B Visa recipient is employed at the specified location, performing the duties described, and getting paid the salary that was detailed in the H1-B visa application. |
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Immigration Reform to Face Additional Delays
 Washington, D.C.: Due to the current political climate, comprehensive immigration reform could face even further delays. Immigration
reform, which was a “hot topic” in the 2008 Presidential election, has been de-prioritized due to other pressing issues such as the economy and health care reform. In addition, immigration reform will likely face even more delays in 2010. Because comprehensive immigration reform is controversial, there will be strong opposition by Republicans and even among some Democrats when it comes to strategy issues. Moreover, Democrats facing re-election might be concerned about the popularity among their constituents, and might be reluctant to offer pathways to
citizenship for the
illegal aliens currently residing in the United States. Civil rights and advocacy groups are becoming increasingly frustrated with the delays. The president of the Mexican American Legal Defense and Educational Fund stated, “After being on our national agenda for a decade, comprehensive immigration reform's time has come.” |
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UNITED STATES IMMIGRATION SUPPORT
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