New York, October 2011
The United States Immigration Newsletter
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Deportation Case to the Supreme Court
 Washington, D.C.:
The United States Supreme Court has decided to hear a case pertaining to a man who was convicted of for attempting to smuggle three Mexican children across the border to the United States. The case is significant because if the convicted man, Carlos Martinez Gutierrez, wins the case, that could make it easier for other immigrants to avoid deportation from the U.S. in similar cases. The Supreme Court is not interested in the smuggling of the Mexican children to the U.S. What interests the Supreme Court is the ruling of an immigration judge that Gutierrez should not be deported, due to the length of time he has spent in the U.S. as a legal resident. The court ruling was later supported by 9th U.S. Circuit Court of Appeals, based in San Francisco. The question is whether the time the convicted man spent in the U.S. before he became a permanent resident can count as being in legal status. Gutierrez came illegally to the United States when he was five years old, and although his father obtained legal permanent resident status in 1991, Gutierrez himself did not get his
green card until 2003. According to Immigration Judge Zsa Zsa C. DePaolo, time spent is the U.S. after 1991 should count as being in legal status for Gutierrez, since “the parent’s admission for permanent residence was also imputed to the parent’s minor children.” The Obama administration with the Department of Homeland Security disagrees, saying only the time that passed between 2003 and the arrest in 2005 can count in Gutierrez’ favor. A judge can cancel
removal proceedings, allowing an immigrant to remain in the U.S. if he or she has been a permanent resident for five years or more.
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U Visa Demand Grows Quickly
 Los Angeles, CA:
The U Visa became available only a few years ago, to grant temporary legal status to victims of abuse who help the police with their investigations. The new visa program got off to a slow start, and at the time advocates complained that the immigration authorities were slow to grant the new visa to abuse victims. But as the program has become more widely known, partly due to promotional efforts by U.S. lawmakers, the U Visa has gained greatly in popularity. The increased awareness and popularity of the program is also a result of outreach efforts such as local visits by the U.S. Citizenship and Immigration Services (USCIS). Since the new
visa program was put in place, the USCIS has received more than 30,000 U-Visa applications, and they have approved more than 25,600 of them. 10,000 U Visas were available for the current fiscal year, which ends Friday, and all of the U Visas have already been issued. While some groups, who are in favor of a more restrictive immigration policy, say victims of abuse or other crimes should get legal status in the U.S. only in the most extreme cases. They would like the U-Visa program to be more limited than it is today. On the other hand stands proponents of more lenient
immigration policies, arguing for an expansion of the program. 5,000 visas are available each year for victims of human trafficking. USCIS only processed 574 such applications last year.
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DWI Check Yields More Illegal-Immigrant Drivers than Drunk Ones
 St. Joseph, MO:
When police officers set up a checkpoint looking for people who were Driving While Intoxicated (DWI) in St. Joseph in Missouri, they ended up arresting more
illegal immigrants than drunk drivers. Out of 18 people that were arrested, only five will be charged with drinking and driving. On the other hand, seven people were found to be living in the United States illegally. One of the seven had earlier been deported from the U.S. The seven who were found to be out of status were arrested because they were driving without a license. A police spokesperson says local police cannot arrest people who only appear to be out of status, and they do not have a database against which they can check suspected illegal immigrants. It is only when a person is arrested for another offence that police can notify Immigration and Customs Enforcement (ICE) that will subsequently decide whether individuals should be detained on federal illegal immigration charges. The police spokesperson said it is clear that if the officers who conducted the control had been able to check all who passed through the DWI checkpoint, they would have identified significantly more than seven illegal immigrants. The seven that were identified as illegal immigrants were only arrested because they appeared to have been drinking, or turned out to be driving without a license. According to the Police spokesperson, 625 cars came through the checkpoint. Police questioned 100 people in regards to intoxication, identification violations or warrants.
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Lawmakers Want Immigrants in Same-Sex Relationships Protected from Deportation
 Washington, D.C.:
U.S. House representatives from the Democratic Party are asking for clarification on immigration policies from both the Justice Department and from the Department of Homeland Security. Representative Jerrold Nadler of New York is sponsoring the Uniting American Families Act, legislation that would give American citizens the right to petition for their same-sex partners to become residents in the United States, the same way citizens can petition for a partner of the opposite sex. Currently, it is impossible to sponsor a partner of the same sex, because same-sex marriages are illegal in many U.S. States, and the Defense of Marriage Act stops the federal government from recognizing gay marriages. This means that while a foreigner who marries an American
citizen of the opposite sex can become a permanent resident or even a U.S. citizen, a foreigner who marries a citizen of the same sex could end up being deported. In mid August, President Obama presented a new immigration policy that would allow immigration officials to take low priority deportation cases out of the process, on a case-by-case basis. According to the new policy, officials deciding on a particular case should weigh in ties and contributions to the community, along with family relationships. The U.S. lawmakers signing the letters to DOJ and
DHS seek reassurance that this relief from deportation will benefit immigrants who are in same-sex relationships with U.S. citizens. |
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Farmers Want New Visa Program along with E-Verify Requirement
 Sacramento, CA:
A new bill that would require employers to use the federal government’s online employment verification system, called
E-Verify, has been approved by the U.S. House Judiciary Committee. Members of the committee voted according to party affiliation, sending the bill along for consideration by the full U.S. House of Representatives. Farmers’ advocates both nationally and in California say they oppose this bill unless it comes with a visa program for immigrant workers that would enable farmers to legally employ a staff of agricultural workers. California Farm Bureau Federation president, Paul Wenger, says it is a serious problem that there is no sufficient national program in place for farmers to hire immigrant workers, and that an E-Verify requirement must come with a program that allows a foreign farm worker to go through a legal process and be able to do agricultural
work that U.S. citizen workers do not want to perform. Several agricultural advocacy groups have expressed support for a proposal by Dan Lungren, (R) for a new visa for immigrant farm workers. The proposal was presented as an amendment to the E- Verify requirement bill, but was ruled to be irrelevant by the committee’s chairman Lamar Smith, a Republican from Texas who is the sponsor of the bill. The California Farm Bureau Federation says they are under the impression that Smith has promised that the E-Verify bill will include an immigration program for farm workers when it reaches the House floor, and that there will also be a hearing on the need of a new program. |
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Ineligible for Green Card, Work Permit Renewed Annually
 Washington, D.C.:
Every year, a large number of removals (deportations) from the United States are postponed indefinitely, for a variety of reasons. Many of those who are meant to be deported remain in the U.S., sometimes for decades. They have driver’s licenses, and each year their work permits are renewed by the U.S. Citizenship and Immigration Services (USCIS). What they do not get is legal status, or a
green card. They live every day in fear of deportation. Yet, they prefer it over the alternative, which is leaving the U.S. for good, to return to their home country. Postponing deportations of illegal immigrants, often referred to as “deferred action” has been practiced by Republican and Democrat administrations alike for many years, and although the number has dropped slightly in recent years, just over 600 people on average has still been granted deferred action each year by the Obama administration. During President Bush’s second term, the average was just over 750. Deferred Action has recently gotten renewed attention after President Obama announced that roughly 300,000 illegal immigrants that are slated for deportation will have their cases reviewed individually, and the lower-priority cases will be put on hold, or even canceled. Lamar Smith, Republican and chair of the Judiciary Committee in the U.S. House of Representatives says this is an attempt by the president to use loopholes in the immigration law, and to ultimately grant “back-door
amnesty” to illegal immigrants. Others defend the practice of deferred action, saying all presidents have done it, and that it is necessary in an immigration system that is not working well. |
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