Rubio, House GOP again warn immigration bill lacks support without border fixes

Posted on by Ruby Powers in Border Enforcement, citizenship, immigration bill, Immigration Law, Legislative Reform, State and Local Immigration Rules Leave a comment
By Kasie Hunt, Frank Thorp and Carrie Dann, NBC News

Florida Sen. Marco Rubio said Wednesday that there will not be enough votes in the House to pass the Senate’s immigration bill as it is currently written even if the legislation can find the 60 votes it will need in the upper chamber.

“I can tell you that the bill as currently structured is not going to pass in the House. And I think it’s going to struggle to pass in the Senate,” Rubio said after a meeting between Senate and House conservatives.

Rubio’s comments came shortly before Rep. Raul Labrador, an Idaho conservative who has been working on immigration in the House, said he will no longer be a part of an eight-person bipartisan working group that had recently hit snags in negotiations.

Labrador left the talks after a standoff over whether newly legalized immigrants who were previously undocumented should be eligible to receive government-based health care, the issue he called the breaking point that caused him to part from the group.

“I think my exit just means that I couldn’t agree with them on language,” Labrador told reporters, “I don’t think it means anything for immigration reform.”

Earlier Wednesday, Rubio said border security provisions must be strengthened before conservatives will support the bill in sufficient numbers to make it law. He has pledged to push amendments to the bill that would stiffen those requirements and potentially shift the power to craft security plans from the Department of Homeland Security to Congress.

“If the changes don’t happen, the bill can’t pass,” Rubio said. “We’ll keep working. We won’t abandon the effort. We’ll keep working to ensure the bill can pass.”

The Senate bill is expected to be taken up on the floor of the upper chamber next week. Rubio, along with Democrat and fellow “Gang of Eight” member Sen. Bob Menendez, has said that it does not currently have the 60 votes required for passage, while Senate Majority Leader Harry Reid stated last week that it would be “pretty easy” to pull together sufficient support.

But Rubio pointed to the Republican-controlled House as a major factor, even if the bill passes the Senate with broad bipartisan backing.

“Let’s remember – the goal here is not to pass a bill out of the Senate,” he said. “The goal here is to reform our immigration laws. And that requires something that can pass the House, the Senate, and be signed by the president.”

Rubio and a handful of other GOP senators — including Jeff Flake, Rand Paul, Jeff Sessions, Mike Lee and Ted Cruz — met with conservative House Republicans for over an hour in the basement of the Capitol to discuss the immigration reform efforts. Attendees described the meeting as an “open discussion” where participants voiced concern about passing legislation that could mirror what happened in 1986, when President Reagan signed a bill offering ‘amnesty’ to millions of undocumented immigrants.

House Judiciary Committee Chairman Bob Goodlatte, R-Va., said the House will not take up the Senate bill wholesale.

“It’s very clear that the House will not take the Senate bill,” Goodlatte said, noting that the panel that he chairs is working through smaller pieces of legislation to beef up border and interior enforcement.

Some House Republicans are pessimistic that a larger package could be signed into law by the end of the summer at all.  Rep. John Fleming, R-La., told reporters Wednesday “It may pass in the Senate, but I don’t see it passing into law.”

“The border security piece of this is a big, big stumbling block,” Fleming said, “I don’t think Republicans are going to support anything that is milquetoast in the way of border security.”

http://firstread.nbcnews.com/_news/2013/06/05/18780685-rubio-house-gop-again-warn-immigration-bill-lacks-support-without-border-fixes?lite


John Boehner begins to sketch immigration plan

Posted on by Ruby Powers in immigration bill, Immigration Law, Legislative Reform, State and Local Immigration Rules Leave a comment
By SEUNG MIN KIM and JAKE SHERMAN | 6/9/13 11:12 PM EDT

Speaker John Boehner has been stunningly silent about his plans to move immigration reform through the House.

But privately, the Ohio Republican is beginning to sketch out a road map to try to pass some version of an overhaul in his chamber — a welcome sign for proponents of immigration reform.

If his goal is met, it’ll be a busy few weeks.

The speaker wants House committees — Judiciary has primary jurisdiction — to wrap up their work on a version of immigration legislation before the July 4 recess. And he would like immigration reform to see a House vote before Congress breaks in August.

His goal is to begin moving either bite-size immigration bills or the bipartisan House immigration group’s legislation through committees before the Senate passes its bill, which could happen by the end of this month. The Senate Gang of Eight plan is on the Senate floor this week and is expected to get a vote before the July 4 recess.

It’s an ambitious plan, considering House leadership has not yet settled on what bill it will advance.

Boehner’s thinking, and the fact that Republican leadership is willing to discuss the process for immigration reform, represents a significant shift and suggests a new urgency for Republican leadership. It is a moderately good sign for the prospects of immigration reform in the House. After months of coy talk from Boehner, Majority Leader Eric Cantor (R-Va.) and Majority Whip Kevin McCarthy (R-Calif.), any sign of planning for legislation is a positive development for reform proponents.

The leadership’s plan is to allow the bipartisan group to release its legislation and closely monitor how it is received by House Republicans. If it’s decried as too lenient, leadership could fall back on Judiciary Committee Chairman Bob Goodlatte’s (R-Va.) small-bore proposals, which he has been slowly considering in committee. They so far include measures governing E-Verify, and changing the high-skilled and agricultural worker visa programs.

Republican leadership prefers to move immigration reform in pieces, rather than a large bill. But that’s pure procedural calculation, since a House-passed bill would have to be meshed with any Senate bill before it is sent to the White House.

Passing an immigration overhaul will be difficult in the House. The wide gap between the two parties has been on display recently, as the bipartisan immigration working group has experienced fits and starts in releasing its legislation. Rep. Raul Labrador (R-Idaho), whose presence in the group was comforting for conservatives, recently dropped out. There is a pocket of conservatives that are opposed to a new process that would legalize the roughly 11 million undocumented immigrants currently in the country.

Another question will be how the House handles the Senate’s bill, should it pass the upper chamber. A senior GOP leadership aide said they would consider putting that measure into the committee process if it passed the Senate.

Of course, there are elements in leadership who think immigration reform will never pass the House. There is too much resistance to sweeping legislation, not to mention the charged issue of immigration reform splits the party in many directions.

Immigration reform is one piece of an increasingly busy summer on Capitol Hill. This week, the House will consider the National Defense Authorization Act. In the coming weeks, there will be a lengthy debate on the House floor on government spending. And there is sure to be healthy debate around intelligence reauthorization, after it was revealed that the National Security Agency is culling massive amounts of Internet data. Congress is also facing a stare down over student loan rates — the House and Senate have to come to an agreement with the president or rates will double.

Boehner’s timeline for immigration reform, and the fact that he is discussing it, also has skeptics.

Multiple Democratic aides familiar with the emerging legislation said Sunday that Boehner’s timetable is ambitious, but is feasible. A standoff over health care for undocumented immigrants was the final roadblock for House negotiators, but that was settled when Labrador dropped out of the negotiations over the dispute.

“Without any outstanding issues to resolve, our bill is nearly ready,” one Democratic aide familiar with the House discussions said Sunday.

That aide said the group — now down to seven members after Labrador’s exit — was still planning on releasing a single bill. Democrats and some Republicans have strongly advocated for a comprehensive approach because they say the components of immigration reform are too interconnected.

Meanwhile, the immigration bill moving through the Senate got a significant boost from Sen. Kelly Ayotte (R-N.H.), who announced on CBS’s “Face the Nation” and with a lengthy statement on her website that she was supporting the Senate Gang of Eight’s immigration bill.

Ayotte was long considered one of the likeliest Republican votes for the Gang of Eight, and the former state attorney general is a frequent ally of Republican Sens. Lindsey Graham of South Carolina and John McCain of Arizona — two members of the Senate group.

In her statement Sunday, Ayotte said she wants amendments that would tighten border-security measures, which will be crucial in luring more Republican votes. She also defended the 13-year pathway to citizenship that has become a flash point for some conservatives, calling its requirements “strict” and “tough but fair.”

“We need to stop the flow of illegal immigrants,” Ayotte said in her statement. “And we need to bring undocumented people out of the shadows to separate those seeking economic opportunity from those seeking to harm us [who must be deported].”

Ayotte joins the four Republican senators in the Gang of Eight — McCain, Graham, Marco Rubio of Florida and Jeff Flake of Arizona — in supporting the bill. Sen. Orrin Hatch (R-Utah) backed the bill in committee but is insisting on more changes to provisions involving taxes and benefits before the legislation earns his support on the floor.

Other leaders are eager to move comprehensive immigration reform along. House Minority Leader Nancy Pelosi (D-Calif.) said in May that she wanted Congress to pass an overhaul of the country’s immigration laws by August.

And in his weekly address on Saturday, President Barack Obama said there is “no reason” preventing lawmakers from sending him a bill by the end of this summer.

“We know the opponents of reform are going to do everything they can to prevent that,” Obama said in his address. “And if they succeed, we will lose this chance to finally fix an immigration system that is badly broken.”

http://www.politico.com/story/2013/06/john-boehner-immigration-plan-92471.html


New Americans in Texas

Posted on by Ruby Powers in citizenship, immigration bill, Immigration Law, Immigration Trends, State and Local Immigration Rules Leave a comment

The Political and Economic Power of Immigrants, Latinos, and Asians in the Lone Star State (Updated May 2013)

Immigrants, Latinos, and Asians account for growing shares of the economy and electorate in Texas. Immigrants (the foreign-born) make up roughly 1 in 6 Texans, and one-third of them are naturalized U.S. citizens who are eligible to vote. “New Americans”—immigrants and the children of immigrants—account for more than 1 in 10 registered voters in the state. Immigrants are not only integral to the state’s economy as workers, but also account for billions of dollars in tax revenue and consumer purchasing power. Moreover, Latinos and Asians (both foreign-born and native-born) wield $265 billion in consumer purchasing power, and the businesses they own had sales and receipts of $102.1 billion and employed more than 600,000 people at last count. At a time when the economy is still recovering, Texas can ill-afford to alienate such a critical component of its labor force, tax base, and business community.

Immigrants and their children are growing shares of Texas’s population and electorate.

  • The foreign-born share of Texas’s population rose from 9.0% in 1990, to 13.9% in 2000, to 16.4% in 2011, according to the U.S. Census Bureau. Texas was home to 4,201,675 immigrants in 2011, which is more than the total population of Los Angeles, California.
  • 33.2% of immigrants (or 1,393,937 people) in Texas were naturalized U.S. citizens in 2011[vi]—meaning that they are eligible to vote.
  • Unauthorized immigrants comprised roughly 6.7% of the state’s population (or 1.7 million people) in 2010, according to a report by the Pew Hispanic Center.
  • 11.8% (or 1,194,544) of registered voters in Texas were “New Americans”—naturalized citizens or the U.S.-born children of immigrants who were raised during the current era of immigration from Latin America and Asia which began in 1965—according to an analysis of 2008 Census Bureau data by Rob Paral & Associates.

More than 1 in 4 Texans are Latino or Asian—and they vote.

  • The Latino share of Texas’s population grew from 25.5% in 1990, to 32.0% in 2000, to 38.1% (or 9,791,628 people) in 2011.  The Asian share of the population grew from 1.8% in 1990, to 2.7% in 2000, to 3.9% (or 999,118 people) in 2011, according to the U.S. Census Bureau.
  • Latinos accounted for 20.1% (or 1,697,000) of Texas voters in the 2008 elections, and Asians 1.4% (118,000), according to the U.S. Census Bureau.
  • In Texas, 87.7% of children with immigrant parents were U.S. citizens in 2009, according to data from the Urban Institute.
  • In 200986.2% of children in Asian families in Texas were U.S. citizens, as were 93.2% of children in Latino families.

Latino and Asian entrepreneurs and consumers add tens of billions of dollars and hundreds of thousands of jobs to Texas’s economy.

  • The 2012 purchasing power of Latinos in Texas totaled $216.2 billion—an increase of 560% since 1990. Asian buying power totaled $48.8 billion—an increase of 969% since 1990, according to the Selig Center for Economic Growth at the University of Georgia.
  • Texas’s 447,589 Latino-owned businesses had sales and receipts of $61.9 billion and employed 395,673 people in 2007, the last year for which data is available.  The state’s 114,297 Asian-owned businesses had sales and receipts of $40.2 billion and employed 206,545 people in 2007, according to the U.S. Census Bureau’s Survey of Business Owners.

Immigrants are integral to Texas’s economy as workers and taxpayers.

  • Immigrants comprised 21% of the state’s workforce in 2011 (or 2,645,538 workers), according to the U.S. Census Bureau.
  • Immigrants accounted for 21% of total economic output in the Houston metropolitan area and 16% of economic output in the Dallas metropolitan area as of 2007, according to a study by the Fiscal Policy Institute.
  • Unauthorized immigrants in Texas paid $1.6 billion in state and local taxes in 2010, according to data from the Institute for Taxation and Economic Policy, which includes:
    • $177.8 million in property taxes.
    • $1.4 billion in sales taxes.
  • Unauthorized immigrants comprised 9% of the state’s workforce (or 1,100,000 workers) in 2010, according to a report by the Pew Hispanic Center.
  • If all unauthorized immigrants were removed from Texas, the state would lose $69.3 billion in economic activity, $30.8 billion in gross state product, and approximately 403,174 jobs, even accounting for adequate market adjustment time, according to a report by the Perryman Group.

Immigrants are integral to Texas’s economy as students.

Naturalized citizens excel educationally.

  • In Texas, 28.9% of foreign-born persons who were naturalized U.S. citizens in 2011 had a bachelor’s or higher degree, compared to 15.2% of noncitizens. At the same time, only 29.3% of naturalized citizens lacked a high-school diploma, compared to 53.7% of noncitizens.
  • The number of immigrants in Texas with a college degree increased by 91.5% between 2000 and 2011, according to data from the Migration Policy Institute.
  • In Texas, 75.2% of children with immigrant parents were considered “English proficient” as of 2009, to data from the Urban Institute.
  • The English proficiency rate among Asian children in Texas was 85.7%, while for Latino children it was 80.7%, as of 2009.

 

Published On: Fri, Jan 11, 2013

http://www.immigrationpolicy.org/just-facts/new-americans-texas


How Immigrant Entrepreneurs Fare in the New Immigration Bill

Posted on by Ruby Powers in immigration bill, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

How Immigrant Entrepreneurs Fare in the New Immigration Bill

shutterstock_64313536With the Senate Judiciary Committee’s vote last week to pass S.744 on to the Senate floor, a new proposal for spurring immigrant entrepreneurship and innovation will be before Congress. Title IV, Subtitle H of the bill creates the INVEST visa (Investing in New Venture, Entrepreneurial Startups, and Technologies) for immigrant entrepreneurs. This new visa program would allow immigrant entrepreneurs to come to the United States, start businesses, and create jobs in America. There would be two types of INVEST visas. A nonimmigrant INVEST visa would be renewable provided certain initial investment, annual revenue, and job creation criteria are met within an initial three-year period. The immigrant version of the INVEST visa would have basically the same criteria just at higher thresholds. The committee also adopted an amendment that permanently authorizes the EB-5 Regional Center Program, which has created tens of thousands of American jobs and attracted over $1 billion in investments since 2006.

 

While there is always room for improvement of proposed immigrant pathways, the INVEST visa represents progress for immigration and entrepreneurship.

While we’ve heard little about the proposed entrepreneur visa programs amid the broader comprehensive immigration reform conversation, they are important to include due to the substantial contributions immigrant entrepreneurs make to the United States. Immigrant entrepreneurs have founded some of the most successful large businesses in the United States. And immigrant small business owners operate establishments in local communities from coast to coast and throughout America’s heartland. 

The contributions of immigrant entrepreneurs and small business owners are clear. For example, the Fiscal Policy Institute reports that immigrant-owned small businesses employed 4.7 million people in 2007 and generated an estimated $776 billion in receipts. Immigrants make up 37 percent of restaurant owners and 43 percent of hotel and motel owners in communities across America. Furthermore, a report for the Partnership for a New American Economy shows that immigrants started 28 percent of all new U.S. businesses in 2011 but only accounted for 13 percent of the U.S. population, and the rate at which immigrants started new businesses grew by more than 50 percent from 1996 to 2011.

Amid the wealth of evidence on the positive benefits immigrant entrepreneurs bring to the United States, local places are beginning to take note and highlight these contributions. Cities across the Rust Belt and Midwest, for instance, are implementing various “welcoming” initiatives aimed at integrating immigrants and immigrant businesses into their communities. As these communities experience demographic change and native-born population decline, they’re seeking ways in which to attract immigrants to settle, start businesses, create jobs, and spur economic growth. Examples of such initiatives include Global DetroitWelcome DaytonGlobal ClevelandWelcoming Center for New Pennsylvanians, and the Chicago Office of New Americans, among others. As these programs recognize, immigrant business owners often play a critical role in helping revitalize local communities that may otherwise have succumbed to blight and decay. Ultimately, places of welcome are places that thrive. Welcoming initiatives throughout the country – from small towns to large metropolitan areas – are poised to encourage an environment where immigrants and immigrant entrepreneurs can help reinvigorate aging populations, renew communities, and revitalize local economies.

While there is always room for improvement of proposed immigrant pathways, the INVEST visa represents progress for immigration and entrepreneurship. And while immigrant business owners may come through all immigrant channels, a visa program that effectively encourages and facilitates more entrepreneurship and job creation is economically beneficial.

http://immigrationimpact.com/2013/05/28/how-immigrant-entrepreneurs-fare-in-the-new-immigration-bill/


Will Immigration Reform Correct the Immigration System’s Gender Bias?

Posted on by Ruby Powers in immigration bill, Immigration Law, Immigration Trends Leave a comment

Will Immigration Reform Correct the Immigration System’s Gender Bias?

shutterstock_29804098Within the current immigration system, many women confront systematic barriers when trying to gain legal status. This is one of the main conclusions drawn from a study conducted by social scientists Cecilia Menjivar and Olivia Salcido. Based on a 10-year-long research project on immigrant women in Arizona, the authors identify specific instances in which gender inequality is ingrained in the formulation, interpretation, and implementation of immigration laws.

 

Because of gender biased structural barriers, women who apply for permanent residence tend to rely on male relatives to petition for them in the legalization process.

According to the study, immigration law presumes and reinforces women’s status of dependency, hindering women’s legal incorporation in the host society. For example, for women, employment-based visas are very difficult to obtain. This is true even for many women who “support their families as heads of households by literally working day and night.” In part, this relates to the types of occupations that the law encodes as high-demand jobs. These occupations tend to be elusive for women, and the types of work typically performed by immigrant women are not adequately recognized in the current system. As a result, women who apply for permanent residence tend to rely on male relatives to petition for them in the legalization process. Because of additional structural barriers—such as access to education and skill acquisition in their countries of origin—women have fewer opportunities than men to apply as principal visa holders. 

Other problems identified by the study relate to the specific obstacles that women encounter when they seek protection through the Violence Against Women Act or petition for asylum. These hurdles range from burdensome and difficult-to-obtain paperwork (e.g. proof of abuse) to more structural issues concerning how “well-founded fear” of persecution is defined. In particular, the authors underscore that the standard interpretation of immigration and refugee law is based on male experiences and, therefore, does not adequately recognize the risks that women are exposed to in their home countries.

Moreover, the obstacles for women’s legal integration do not end with the petitioning phase. Even after a woman successfully begins the legalization process, it is sometimes difficult for her to secure employment outside the home because work authorizations often take a long time to be issued.

Reforms in immigration law that are currently being debated offer an opportune moment to address these issues. In particular, the recently introduced “Border Security, Economic Opportunity, and Immigration Modernization Act’’has raised concerns regarding the potential gender bias in some provisions.  For example, evidentiary requirements for different steps in the legalization process (e.g., continuous employment or proof of work requirements) may put women who work at home at a disadvantage. Similarly, the merit-based point system may not offer realistic avenues for immigration for caregivers or women from countries with few opportunities for human-capital acquisition. As the bill continues to be debated, these issues cannot be overlooked if achieving greater gender equality is a goal.

http://immigrationimpact.com/2013/05/29/will-immigration-reform-correct-the-immigration-systems-gender-bias/


Anti-immigrant advocates have it wrong on the labor market

Posted on by Ruby Powers in Immigration Law, Immigration Trends Leave a comment

Anti-immigrant advocates have it wrong on the labor market
By Jennifer Rubin, Published: May 30, 2013 at 11:00 amE-mail the writer

Milton Friedman (left) shakes is greeted by President Ronald Reagan and first lady Nancy Reagan (The Washington Post)

Milton Friedman (left) shakes is greeted by President Ronald Reagan and first lady Nancy Reagan (The Washington Post)

Next to Ronald Reagan there is no greater icon in the pantheon of modern conservatives than Milton Friedman.
His name has been taken in vain in the immigration reform debate, so Stephen Moore sets the record straight:
In 1984, when I was working at the Heritage Foundation, I surveyed the top 75 economists in the country on their views on the economics of immigration. There are few issues that economists agree on so universally: The views of the Keynesians and free marketers ran equally about 9 to 1 in favor of immigration.
Friedman responded to the survey by saying that “legal and illegal immigration has a very positive impact on the U.S. economy.” He believed that one of the most powerful forces of freedom was that people could “move across borders and vote with their feet.” He wholly rejected the idea that immigrants are undesirable because they compete with Americans for jobs and lower wages. The free enterprise system, he argued, “created the high wages in the first place.”
Friedman also abhorred the welfare state. Moore responds:
As another late great economist — William Niskanen, a member of President Reagan’s Council of Economic Advisers and chairman of the Cato Institute — once put it: “Better to build a wall around the welfare state than the country.”
It is ironic that the right-wingers who argue against protectionism, against the minimum wage, against unions (which inflate wage rates) and against Obamacare want to keep domestic wages artificially high by restricting the labor market (e.g. keeping out immigrant workers). That effort is not only inconsistent with free market principles, but, according to stacks of research, it also is empirically dubious.
The recent buzz that there really isn’t a shortage of science, technology, engineering and math (known collectively as STEM) workers is belied by the experience of hundreds of tech companies that are willing to expend additional money in finding and relocating skilled workers from overseas. There, too, research suggests the anti-immigrant forces are peddling snake oil.
Are these companies are mistaken about a STEM shortage? Jonathan Rothwell and Neil G. Ruiz of Brookings are out with a new study that says no, there really is a reason why U.S. companies have to go overseas:
The vast majority — 90 percent — of H-1B applications are for jobs requiring high-level STEM knowledge. This finding is based on our analysis of Department of Labor survey data on the knowledge needed to perform occupations. The evidence shows that these vacancies are harder to fill than other job openings.
Labor market experts interpret the duration of a job opening as an indicator that qualified candidates are hard to find. Such an interpretation of vacancy survey data is empirically grounded in both historical and many contemporary labor market surveys from private firms and state governments. . . . H-1B workers are paid more than U.S. native-born workers with a bachelor’s degree generally ($76,356 versus $67,301 in 2010) and even within the same occupation and industry for workers with similar experience. This suggests that they provide hard-to-find skills.
In sum, if you believe in free markets, you shouldn’t advocate artificially restricting the U.S. labor market and you should consider the market-driven behavior of a raft of industries. But then again, the anti-immigration forces believe many things that aren’t so. That is the prerogative I suppose, but they shouldn’t invoke Friedman when doing so, and lawmakers should understand what they are saying isn’t supported by evidence.

http://www.washingtonpost.com/blogs/right-turn/wp/2013/05/30/anti-immigrant-advocates-have-it-wrong-on-the-labor-market/?utm_source=AILA+Mailing&utm_campaign=d52811544d-AILA8_6_3_13&utm_medium=email&utm_term=0_3c0e619096-d52811544d-287739493


NEWS RELEASE: ATTORNEY GENERAL’S OFFICE SHUTS DOWN FRAUDULENT “NOTARIOS” AND UNAUTHORIZED IMMIGRATION CONSULTANTS IN SOUTH TEXAS

Posted on by Ruby Powers in Immigration Law, Immigration or Notario Fraud Leave a comment

NEWS RELEASE: ATTORNEY GENERAL’S OFFICE SHUTS DOWN FRAUDULENT “NOTARIOS” AND UNAUTHORIZED IMMIGRATION CONSULTANTS IN SOUTH TEXAS

Posted on May 31, 2013
For the original OAG press release, with links to court documents in the cases mentioned below, please visit: https://www.oag.state.tx.us/oagNews/release.php?id=4413

FOR IMMEDIATE RELEASE
May 29, 2013
www.texasattorneygeneral.gov CONTACT
Press Office at
(512) 463-2050
Attorney General’s Office Shuts Down Fraudulent “Notarios” and Unauthorized Immigration Consultants in South Texas

State secures judgments that permanently shut down three unlawful firms operated by “notarios”

MCALLEN – Texas Attorney General Greg Abbott announced today that he has shut down three fraudulent “notario” operations in the Rio Grande Valley.
A Hidalgo County district court granted the State’s request and issued permanent and temporary injunctions against the following four defendants:
• Veronica G. Garcia and Cecilia H. Solis, doing business as Garcia & Solis Services (permanent injunction);
• Ana Isabel Lumbreras, doing business as Montemayor Services (permanent injunction);
• Marilia Luz, doing business as Immigration Help (permanent injunction);
• Jairo Romanovich, doing business as Romanovich Charitable Service Inc. (temporary injunction).

Earlier this month, the State filed separate enforcement actions against the four defendants and charged each of them with violating the Texas Deceptive Trade Practices Act (DTPA) and the Notary Public Act. At the State’s request, a Hidalgo County district court ordered the four defendants to pay civil penalties for unlawfully representing that they were legally authorized to process immigration cases before federal authorities. During the discovery process, state investigators discovered that the defendants were neither licensed attorneys nor accredited to offer immigration-related legal services.

Under federal law, only licensed attorneys and organizations accredited by the U.S. Department of Justice’s Board of Immigration Appeals may offer immigration consulting services.Texas law authorizes notaries public to witness the signing of legal documents – but specifically forbids them from providing immigration services unless they hold a separate license to practice law. Scam artists have long exploited the misunderstanding between the term “notary” and the similar-sounding Spanish term “notario público,” which is used in Latin America to describe highly experienced, specialized attorneys.

The State’s cases against the four defendants were part of the Office of the Attorney General’s (OAG) month-long crackdown on immigration scams in Hidalgo County. The OAG’s case against Jairo Romanovich – doing business as Romanovich Charitable Service Inc. – remains pending. On May 21, a Hidalgo County district court granted the State’s request for a temporary restraining order stopping Romanovich and his firm from offering unauthorized immigration-related legal services.

Since assuming office in 2002, Attorney General Abbott has shut down more than 75 businesses for providing unauthorized legal services. Former or current clients of an unauthorized legal services provider should file a complaint with the Attorney General’s Office at (800) 252-8011 or online at www.texasattorneygeneral.gov.

FOR OTHER ITEMS ASSOCIATED WITH ATTORNEY GENERAL ANNOUNCEMENTS, ACCESS OAG NEWS RELEASES ONLINE ATWWW.TEXASATTORNEYGENERAL.GOV.

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http://www.ailatexas.org/2013/05/news-release-attorney-generals-office-shuts-down-fraudulent-notarios-and-unauthorized-immigration-consultants-in-south-texas/


What Would the Proposed Border Security, Economic Opportunity and Immigration Modernization Act of 2013 Mean for Business-Related Immigration?

Posted on by Ruby Powers in Border Enforcement, immigration bill, Immigration Law, Legislative Reform Leave a comment

What Would the Proposed Border Security, Economic Opportunity and Immigration Modernization Act of 2013 Mean for Business-Related Immigration?
By stacey On May 20, 2013 · Add Comment

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The Border Security, Economic Opportunity and Immigration Modernization Act of 2013 sets the framework for Congress to address many immigration issues that have been suspended in a gridlock for several years in Washington. The proposed bill, crafted jointly by a group of four Democrats and four Republicans, together known as the Gang of Eight, was crafted to address four major immigration issues. If approved, this Act would: (i) tighten border controls, (ii) allow greater numbers of workers to immigrate legally, (iii) require employers to verify that all workers have legal status, and (iv) create an opportunity for those who are in the U.S. illegally to gain citizenship by following a detailed legal process.

Background

The U.S. is currently in its fourth and largest immigration wave. This wave began in 1965 reflecting the end of immigration limits based on nationality. According to Nancy Benac of the Associated Press in her April 8, 2013, article on the proposed act, the foreign-born population now accounts for approximately 1 in 8 U.S. residents, or approximately 13% of the population. Ms. Benac also states that out of the record 40.4 million immigrants who live in the United States, more than 18 million are naturalized citizens, 11 million are legal permanent or temporary residents, and more than 11 million are in the country without legal permission. (AP article published at http://www.huffingtonpost.com/news/gang-of-eight)

Under present laws, the U.S. permits the granting of a significantly larger proportion of permanent green cards to family members of citizens and current permanent residents than to foreigners with job or other prospects here. About two-thirds of permanent legal immigration to the U.S. is family-based, compared to about the 15% that is employment based. Many members of Congress are interested in boosting employment-based immigration to help the U.S. economy, and to help the U.S. to compete more effectively with other countries around the world by attracting talent to the domestic workplace.

Business owners, entrepreneurs and business lobbying organizations are keenly interested in Congress changing the immigration system to allow the U.S. to attract foreign-born workers with various skill sets. Advocates also wish for workers who have legally worked in the U.S. for an extended period of time to qualify for permanent resident status with fewer obstacles. Despite guarded opposition by labor unions, language in the 2013 bill addresses these issues.

How Will the Bill Affect Business-Related Immigration?

The bill proposes a migration to a more merit-based immigration system by eliminating certain categories of family preferences that promote chain migration, while wholly eliminating the diversity visa lottery. The bill would prevent citizens from bringing in siblings while allowing citizens to sponsor married sons and daughters only if those children are under the age of 31. These changes set the stage for more business-based visas.

The bill would raise the cap on visas for highly-skilled workers seeking H1-B visa status from 65,000 to 110,000, which would be a huge coup and certainly appreciated by the immigration bar – few of us were immune to the frenetic rush to file before the April 1 deadline, and even then far too many legitimate prospective beneficiaries simply missed the boat due to the unreasonable limitations in this critical area.

The bill also proposes to increase the current cap for H-1B STEM graduates with advanced degrees from 20,000 to 25,000. STEM graduates possess degrees based around the natural sciences.

All of these proposed changes to the H-1B visa will allow students who have gone to universities in the U.S. to study and receive advanced degrees to stay in this country to work, and the U.S. will lose less of this pool of talent to foreign competitors. All of these proposed changes are expected to produce positive economic results.

Additionally, the bill creates a start-up visa for foreign entrepreneurs. Under the INVEST program, two new types of visas, one for non-immigrant visas and the other for immigrant visas, have been proposed for entrepreneurs as detailed below:

(1) The non-immigrant INVEST visa is a renewable 3-year visa for investors who can show at least $100,000 in investment in his or her business from angel investors and/or other qualified investors over the past 3 years, and whose business has created no fewer than 3 jobs while generating at least $250,000 in annual revenues in the U.S. for the two years immediately prior to filing.

(2) The INVEST immigrant visa would be an entrepreneurial green card, the number of which would be capped at 10,000 per year. The INVEST immigrant visa would require that the applicant must:

Have significant ownership in a U.S. business (need not be majority interest);
Be employed as a senior executive in the U.S. business;
Have had a significant role in the founding/initial stages of the business;
Have resided for at least 2 years in the U.S. in lawful status;
and

Have in the 3 years prior to filing a significant ownership in a U.S. business that has created at least 5 jobs and which business must have received at least $500,000 in venture capital or other qualified investments; or
Have in the 3 years prior to filing a significant ownership in a U.S. business that has created at least 5 jobs, and the business has generated at least $750,000 in annual revenue for the 2 years immediately prior to filing.
Finally, the bill also proposes a guest worker visa program. This is among the more controversial aspects of the Gang of Eight bill and is known as “W visas.” This program would issue guest worker visas for low-skilled workers, defined in the bill as those whose jobs don’t require a bachelor’s degree.

Guest workers would serve three-year stints, renewable indefinitely, and would be allowed to bring their families with them. The program sets a first-year cap of 20,000 for the program, but the agency running it would be allowed to increase that to as high as 200,000 visas per year. This program could create a potentially huge source of future migration to the U.S., and raises the question of whether or not these foreign workers will be eligible for permanent residence or citizenship in later years.

Conclusion

Much of the proposed legislation in the Border Security, Economic Opportunity and Immigration Modernization Act of 2013 is just an outline and framework that which the full Congress can refine and eventually act. Amendments and additional provisions will no doubt be included in any final version of the bill that is enacted by both houses. Congress has vowed to give this bill a long period of consideration and multiple hearings for comments and testimony. It will undoubtedly be many months before the final version of the bill is drafted and passed in any form. It is hoped that this detailed level of scrutiny will allow for a comprehensive and effective new immigration law that will have a positive effect on business and on the economy.

http://ecouncilinc.com/?p=2117&utm_source=eCouncil+Inc&utm_campaign=a3287d7f6e-May_Newsletter6_3_2013%283%29&utm_medium=email&utm_term=0_896120c70f-a3287d7f6e-26001245


House Immigration Group Resolves Dispute

Posted on by Ruby Powers in immigration bill, Immigration Law Leave a comment

Cesar Maxit, of Washington, who is originally from Argentina, hold a sign that says

ERICA WERNER  720 

WASHINGTON (AP) — House members writing a bipartisan immigration bill said Thursday they had patched over a dispute that threatened their efforts, even as they and the rest of Congress prepared to return home for a weeklong recess where many could confront voters’ questions on the issue.

The eight lawmakers in the House immigration group have struggled for months to come to agreement on a sweeping bill that would have a chance in the GOP-controlled House while satisfying Democrats’ objectives.

Talks almost broke down last week, only to resurrect and then break down again this week over the question of providing health care for those here illegally who would gain legal status under the bill, lawmakers and aides said.

Republicans in the group want to ensure that those immigrants don’t get taxpayer-funded care and could be subject to deportation if they don’t pay their health bills, said Rep. Raul Labrador, R-Idaho, a member of the group. But an agreement reached last week on that question apparently sparked concern among House Democratic leaders, causing Democrats in the group to back away.

After meeting Thursday afternoon in the Capitol, the lawmakers said they were back on track. Labrador said agreement remained that immigrants shouldn’t get taxpayer-funded care, but he said there had apparently been a misunderstanding that led Democrats to believe Republicans were trying to deny emergency care to immigrants.

“I think maybe there was some confusion about some details, but I think we’re all good,” Labrador told reporters.

“I’m very pleased,” said Rep. Luis Gutierrez, D-Ill., also part of the group. “We’re going to get there. There’s going to be justice done for our immigrant community.”

The developments with the House group came two days after the Senate Judiciary Committee passed a comprehensive bill with a bipartisan vote to remake immigration laws, enhance border security and put the estimated 11 million people living here illegally on a path to citizenship.

The full Senate is to take up the legislation in June. Supporters are hoping to see the bill pass by a wide margin, with as many as 70 votes in the 100-member Senate.

That’s seen as a way of pressuring the House to act. If the Senate does pass a bill, it’s likely to be more liberal than what the House group might produce and more to the liking of many liberals in the House, including some of the Democratic leadership.

But House Speaker John Boehner, R-Ohio, issued a statement along with his top lieutenants Thursday promising the House would act on the issue, but making clear House members would not accept any bill passed by the Senate.

“The House remains committed to fixing our broken immigration system, but we will not simply take up and accept the bill that is emerging in the Senate if it passes,” the statement said.

“The House will work its will and produce its own legislation,” it said.

Officials said Boehner has privately said he hopes to have a bill through the House by August, though there is no strategy yet on what it would include. They spoke on condition of anonymity to discuss private deliberations.
Copyright 2013 The Associated Press.

http://talkingpointsmemo.com/news/house-immigration-group-resolves-dispute.php?utm_source=AILA+Mailing&utm_campaign=f8589ff156-AILA8_5_28_13&utm_medium=email&utm_term=0_3c0e619096-f8589ff156-287739493


Houston Attorneys Speak Out On Immigration Reform

Posted on by Ruby Powers in immigration bill, Immigration Law, Legislative Reform, State and Local Immigration Rules Leave a comment

THELAW.TV Houston
Houston Attorneys Speak Out On Immigration Reform
Friday, May 24, 2013

By THELAW.TV

Immigration reform has dominated the political landscape in Washington for much of the year.
There’s widespread agreement that the immigration system needs a comprehensive overhaul. Yet, there’s little agreement on what the change should look like. Democrats want a path to citizenship for illegal immigrants. But many Republicans oppose anything that looks like “amnesty.”
We asked prominent Houston-area immigration attorneys to speak out on this hot button issue.
Here’s what they had to say:

Q: As an experienced immigration attorney, do you believe that we will see comprehensive immigration reform become law during this President Obama’s administration?

“It’s like trying to swallow an elephant. I hope Congress has the stomach for it.”
– Adan G. Vega, Esq., Law Offices of Adan G. Vega & Associates

“I think the House and Senate are too far apart to reach a compromise.”
– Emily Neumann, Esq., Reddy & Neumann, P.C.

“Yes, I believe that the groundswell of support is growing within Congress to enact this needed legislation this year. Both parties have been applauded for their bipartisan efforts and the chance to show that Washington can work together. The majority of Congress do not want to appear to be obstructionists.”
– Pamelia Barnett, Esq., Barnett Law Group

“Change is on the horizon during this administration because minorities made a huge impact on the 2012 presidential election and showed us all that they are a force to be reckoned with. I support an immigration reform bill that affords the same rights to all qualifying individuals, irrespective of their sexual orientation. Immigration reform should include LGBT individuals and their families. Times are changing and as Americans we must lead the way.”
– Gia Samavati, Esq., Samavati & Samavati

“Immigration attorneys are reluctant to be hopeful for comprehensive immigration reform due to many failed prior attempts. However, I believe we are closer than we have been in many years to a resolution. It is in both parties’ interest to pass comprehensive legislation that will ultimately impact millions of lives, improve security, and boost our economy.”
– Ruby L. Powers, Esq., The Law Office of Ruby L. Powers

What do you think about immigration reform? Will it happen? What will it look like? Let us know.

http://blog.chron.com/legalnews/2013/05/houston-attorneys-speak-out-on-immigration-reform/


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