Birthright Repeal Likely to Increase Illegal Population

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By Miriam Jordan, Walls Street Journal

Birthright Repeal Likely to Increase Illegal Population

A denial of birthright citizenship for U.S.-born children of illegal immigrants would end up increasing the size of the nation’s illegal population, according to a new study released Wednesday.

Homeland Security dropping efforts to deport illegals who pose no threat, focusing on criminals and those with suspected terror ties

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My friend Raed on an immigration update in Houston, TX – August 25, 2010:

Feds moving to dismiss some deportation cases

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Feds moving to dismiss some deportation cases
Critics assail the plan as a bid to create a kind of backdoor ‘amnesty’

Aug. 24, 2010, 9:00PM


Notes from Ruby:

My friends and fellow immigration attorneys in Houston, Raed Gonzalez and John Nechman, are quoted in this article which is affecting the Houston-area immigration community with termination of deportation cases.   There is no way this is amnesty because it just terminates their case, they are more than likely still living out of status with no work authorization unable to get insurance, social security numbers, and driver’s licenses in Texas.  They aren’t getting legal status, they are simply not being prosecuted for being in the US illegally. 

“It’s very, very key to understand that these aliens are not being granted anything in court. They are still here illegally. They don’t have work permits. They don’t have Social Security numbers,” Mendoza said. “ICE is just saying, ‘At this particular moment, we are not going to proceed with trying to remove you from the United States.’ ”

Within finite resources and comprehensive immigration reform still not in place, this isn’t a huge shock for those in the industry who know what has been going on.

This is great for the immigrants but also some might have had a strong case that would have lead to approval and legal status and it was dismissed.  There are some forms of relief for people who entered illegally only available through court.

“This situation is just another side effect of President Obama’s failure to deliver on his campaign promise to make immigration reform a priority in his first year,” said U.S. Sen. John Cornyn, R-Texas. “Until he does, state and local authorities are left with no choice but to pick up the slack for prosecuting and detaining criminal aliens.”

We need to remember it takes two parties and A LOT of cooperation to get immigration reform passed.  As I lobbied as an immigration attorney in the halls of Congress in March of this year, most Republican Members were against reform and were not compromising.  Congress needs to make it a priority and a majority of the nation needs to support it or we’ll keep our series of bandaids patched all over and continue doing what we’ve doing.

USCIS Implements H-1B and L-1 Fee Increase According to Public Law 111-230

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WASHINGTON—On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.    

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status.  Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:  

  • Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or 
  • To obtain authorization for an alien having such status to change employers. 

USCIS is in the process of revising the Petition for a Nonimmigrant Worker (Form I-129), and instructions to comply with Public Law 111-230. To facilitate implementation of Public Law 111-230, USCIS recommends that all H-1B, L-1A and L-1B petitioners, as part of the filing packet, include the new fee or a statement of other evidence outlining why this new fee does not apply.  USCIS requests that petitioners include a notation of whether the fee is required in bold capital letters at the top of the cover letter. Where USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the public law. An RFE may be required even if such evidence is submitted, if questions remain.  

The additional fee, if applicable, is in addition to the base processing fee, the existing Fraud Prevention and Detection Fee, and any applicable American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, needed to file a petition for a Nonimmigrant Worker (Form I-129), as well as any premium processing fees, if applicable.  

USCIS will work with its stakeholders to effect a smooth transition given this legislation’s new requirements. For more information on USCIS and its programs, please visit

Arizona Judge Draws Line Between State and Federal Authority

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American Immigration Council
July 28, 2010

Washington, D.C. – Today, Phoenix district court judge Susan Bolton enjoined key provisions of Arizona’s controversial immigration law, SB 1070. The judge recognized that the federal government has primary authority over making and enforcing immigration law, and that while states have limited authority in this arena, they cannot interfere with federal enforcement or undermine federal priorities. The decision acknowledges the complex nature of immigration law and the harmful consequences of local police attempting to make immigration determinations. The judge also recognized the serious strain that the Arizona law would place on federal resources, which would detract from the federal government’s ability to enforce immigration laws in other states and target resources toward serious criminals.

The following is a statement from Benjamin E. Johnson, Executive Director of the American Immigration Council.

“It is clear that Judge Bolton has a strong grasp on the complexity of immigration issues and the challenges facing the state. She blocked the most controversial and troubling parts of the law that not only intrude on the Federal government’s authority over immigration, but were also likely to violate the civil rights of legal immigrants and U.S. citizens. While it is important to acknowledge that there are serious problems in Arizona, if Arizonans truly want to target human trafficking, human smuggling, and other serious crimes, they must focus their efforts and resources on those criminal networks, and nothing in today’s decision prevents them from doing so.

Now the question is whether politicians at the state and federal level will stop playing politics and start solving problems. Arizona must start focusing on serious criminals and the federal government must assume its Constitutional duty of fixing the broken immigration system. America needs real solutions that make our communities safer, our border more secure, and finally fix our broken immigration system.”


For more information contact Wendy Sefsaf at 202-507-7524 or

Ending Birthright Citizenship Would Not Stop Illegal Immigration

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Ending Birthright Citizenship Would Be Unconstitutional, Impractical, Expensive, Complicated and Would Not Stop Illegal Immigration

A June 15, 2010 Immigration Policy Center Article discusses a hot topic

Ariz. Lawmaker: Stop Automatic Citizenship

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PHOENIX, Ariz., June 16, 2010, State Sen. Proposes Bill That Would Deny U.S. Citizenship to Children Born in Arizona to Illegal Immigrants

Your only problem is the Constitution, dear Senator. I agree with the legal scholars, “the 14th Amendment guarantees citizenship to anyone born in the U.S.”


Houston, TX – June 16, 2010 – 38 Suspected Illegal Immigrants Rescued

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38 Suspected Illegal Immigrants Rescued

Police Say People Were Living In Deplorable Conditions

Open the Borders..

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I got my June 28, 2010 Forbes issue and its headline title is ‘Open the Borders: the Case for (and against) extreme immigration reform.

Here is a special report titled Let them In: Opening America’s borders is morally right, economically beneficial–and would even make America safer.

Although I have yet to read all the immigration-related articles, I am happy to see so much attention being paid towards immigration reform.  Hopefully reform is around the corner..


Advocates protest US immigration fee hikes

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June 11, 2010 – Advocates protest US immigration fee hikes