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Senator Look at Past Failures for Lessons on Immigration Overhaul

Posted on by Ruby Powers in Immigration Law, Legislative Reform Leave a comment
January 31, 2013- The New York Times

Senators Look at Past Failures for Lessons on Immigration Overhaul

 

By 

 

WASHINGTON — As eight senators in a bipartisan group look ahead to a broad immigration overhaul, they are also looking back to 2006 and 2007 — the last time a major immigration measure was considered — as something of a reverse playbook.

Lesson 1? “Make sure you get out there and define what you’re trying to do,” said former Senator Trent Lott, the Mississippi Republican who, in 2007, was the minority whip when his chamber’s immigration efforts imploded. “Don’t forget to pay attention to the message, and don’t let the media define what you’re trying to do.”

It is a tip that Mr. Lott says he has communicated to the staff of Senator Marco Rubio, a Florida Republican involved in the current effort, and so far Mr. Rubio seems to be heeding the advice. In recent weeks, he has focused on conservative media powerhouses, tirelessly wooing influential voices on the right like Bill O’Reilly and Rush Limbaugh.

“The outreach by Marco Rubio has been very positive,” Mr. Lott said. “He’s very good at explaining what he wants to do.”

Getting out ahead by articulating their immigration principles, as the group did in a Monday news conference, is only one of the ways the senators hope to learn from the mistakes of the past. This time, they said, they are capitalizing on a promising political environment, using more conciliatory language, and trying to harness media outlets to their advantage. They also plan to move their legislation through the Judiciary Committee, a step not taken in 2007 and one that helped doom the bill, and are working more closely with businesses and labor unions to make sure the two can also reach a compromise.

“Our timing is right,” said Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate. “The election results are still fresh in the minds of my Republican colleagues and they don’t want to go through this again.”

President George W. Bush said in 2009 that it was “a mistake” to have pushed for changes to Social Security, rather than immigration, immediately after the 2004 election. By the time he took on immigration late in his second term, he was a lame duck president, weakened by the war in Iraq and facing dissent within his party.

“By his own admission, President Bush made a strategic error in not pushing the issue right after his re-election,” said Kevin Appleby, the director of migration policy at the United States Conference of Catholic Bishops. “President Obama is not making the same mistake. He still has a lot of political capital to spend.”

In the wake of the 2012 presidential election, where Mr. Obama’s defeat of Mitt Romney came with the help of 71 percent of the Hispanic vote, those on all sides of the immigration effort believe the climate is ripe for another attempt.

And, at least in the early stages, they are taking steps to reach across the aisle, even with the words they choose.

“The most important lesson I took way from 2006 and 2007 is that people had no faith that there wouldn’t be future waves of illegal immigrants,” said Senator Charles E. Schumer, a Democrat of New York in the Senate’s bipartisan immigration group.

To show that he is serious about an overhaul, he explained, he is especially conscious of the language he uses; Mr. Schumer now refers to “illegal immigrants,” a term preferred by the right and an acknowledgment that the 11 million illegal immigrants currently in the country did, in fact, break the law.

In a similar linguistic concession, Mr. Rubio, during Monday’s immigration news conference, referred to the “undocumented” workers, a term generally preferred by Democrats and loathed by his party’s conservative wing.

In 2007, in an attempt to save time and reach a deal, the Senate bypassed the Judiciary Committee and brought the legislation straight to the floor. At the time, the senators who drafted the bill tried to band together to vote down any amendments that changed the substance of their compromise, an agreement that broke down. Several controversial amendments, including one that then-Senator Obama supported, ultimately led to the bill’s collapse.

“What we’re doing now is we’re going to put it through committee,” Mr. Schumer said. “When the bill gets through committee, it will be battle-tested and we will be prepared for the floor in a better way.”

The group is also considering again trying to maintain a large voting bloc, to squash any amendments they believe could kill their bill.

“I think we have to unless there’s something that we both agree to,” Senator John McCain, Republican of Arizona, said when asked about such a possibility at an immigration panel on Wednesday. “It’s going to be fragile, as these kinds of things are, and so we will have to take some tough votes in order to keep it intact.”

Finally, even business and labor interests — who historically come down on opposite sides of how to handle the future flow of legal immigrants — are currently working among themselves and with the Senate in an attempt to reach a compromise.

“We have had discussions with both labor — the A.F.L.-C.I.O., the S.E.I.U. — and business,” including with Thomas J. Donohue, president of the U.S. Chamber of Commerce, and leaders of other groups, Mr. Schumer said Monday.

“And in fact while we’ve been negotiating these principles, they’ve been sitting talking to one another,” he added. “They are making really good progress, much better than in 2009.”

Mr. Lott said that the collapse of an immigration overhaul in 2007 was “one of the most embarrassing moments that I experienced in the Senate,” and that the memories were still vivid — the way conservative talk radio turned on him, the angry phone calls flooding his office from around the country every morning, the handful of death threats.

Watching the immigration debate take shape now, he said, he is heartened to watch Mr. Rubio and others aggressively make their case in the press — something he wishes he had done better six years ago.

“I’d been in the Congress 34 years by then — I should have known better,” Mr. Lott said. “I was just trying to help move this thing along, but I should have paid better attention to the message part of it.”

 

 

 


READ: President Obama’s immigration proposal

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

Posted by Ezra Klein on January 29, 2013 at 3:00 pm

Here’s the White House’s immigration framework, which is similar to the Senate’s Gang of 8 framework, and to the White House’s May 2011 plan. If anything, their May 2011 plan was more detailed.

In his speech in Las Vegas this afternoon, President Obama warned that ”If Congress is unable to move forward in a timely fashion, I will send them a bill based on my proposal and insist they vote on it right away.” The text of White House’s proposal follows:

FACT SHEET: Fixing our Broken Immigration System so Everyone Plays by the Rules

America’s immigration system is broken. Too many employers game the system by hiring undocumented workers and there are 11 million people living in the shadows. Neither is good for the economy or the country.

It is time to act to fix the broken immigration system in a way that requires responsibility from everyone —both from the workers here illegally and those who hire them—and guarantees that everyone is playing by the same rules.

President Obama’s commonsense immigration reform proposal has four parts. First, continue to strengthen our borders. Second, crack down on companies that hire undocumented workers. Third, hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks. Fourth, streamline the legal immigration system for families, workers, and employers.

Together we can build a fair, effective and commonsense immigration system that lives up to our heritage as a nation of laws and a nation of immigrants.

The key principles the President believes should be included in commonsense immigration reform are:

· Continuing to Strengthen Border Security: President Obama has doubled the number of Border Patrol agents since 2004 and today border security is stronger than it has ever been. But there is more work to do. The President’s proposal gives law enforcement the tools they need to make our communities safer from crime. And by enhancing our infrastructure and technology, the President’s proposal continues to strengthen our ability to remove criminals and apprehend and prosecute national security threats.

· Cracking Down on Employers Hiring Undocumented Workers: Our businesses should only employ people legally authorized to work in the United States. Businesses that knowingly employ undocumented workers are exploiting the system to gain an advantage over businesses that play by the rules. The President’s proposal is designed to stop these unfair hiring practices and hold these companies accountable. At the same time, this proposal gives employers who want to play by the rules a reliable way to verify that their employees are here legally.

· Earned Citizenship: It is just not practical to deport 11 million undocumented immigrants living within our borders. The President’s proposal provides undocumented immigrants a legal way to earn citizenship that will encourage them to come out of the shadows so they can pay their taxes and play by the same rules as everyone else. Immigrants living here illegally must be held responsible for their actions by passing national security and criminal background checks, paying taxes and a penalty, going to the back of the line, and learning English before they can earn their citizenship. There will be no uncertainty about their ability to become U.S. citizens if they meet these eligibility criteria. The proposal will also stop punishing innocent young people brought to the country through no fault of their own by their parents and give them a chance to earn their citizenship more quickly if they serve in the military or pursue higher education.

· Streamlining Legal Immigration: Our immigration system should reward anyone who is willing to work hard and play by the rules. For the sake of our economy and our security, legal immigration should be simple and efficient. The President’s proposal attracts the best minds to America by providing visas to foreign entrepreneurs looking to start businesses here and helping the most promising foreign graduate students in science and math stay in this country after graduation, rather than take their skills to other countries. The President’s proposal will also reunify families in a timely and humane manner.

Continuing to Strengthen Border Security

· Strengthen border security and infrastructure. The President’s proposal strengthens and improves infrastructure at ports of entry, facilitates public-private partnerships aimed at increasing investment in foreign visitor processing, and continues supporting the use of technologies that help to secure the land and maritime borders of the United States.

· Combat transnational crime. The President’s proposal creates new criminal penalties dedicated to combating transnational criminal organizations that traffic in drugs, weapons, and money, and that smuggle people across the borders. It also expands the scope of current law to allow for the forfeiture of these organizations’ criminal tools and proceeds. Through this approach, we will bolster our efforts to deprive criminal enterprises, including those operating along the Southwest border, of their infrastructure and profits.

· Improve partnerships with border communities and law enforcement. The President’s proposal expands our ability to work with our cross-border law enforcement partners. Community trust and cooperation are keys to effective law enforcement. To this end, the U.S. Department of Homeland Security (DHS) will establish border community liaisons along the Southern and Northern borders to improve communication and collaboration with border communities, boost funding to tribal government partners to reduce illegal activity on tribal lands, and strengthen training on civil rights and civil liberties for DHS immigration officers.

· Crack down on criminal networks engaging in passport and visa fraud and human smuggling. The President’s proposal creates tough criminal penalties for trafficking in passports and immigration documents and schemes to defraud, including those who prey on vulnerable immigrants through notario fraud. It also strengthens penalties to combat human smuggling rings.

· Deporting Criminals. The President’s proposal expands smart enforcement efforts that target convicted criminals in federal or state correctional facilities, allowing us to remove them from the United States at the end of their sentences without re-entering our communities. At the same time, it protects those with a credible fear of returning to their home countries.

· Streamline removal of nonimmigrant national security and public safety threats. The President’s proposal creates a streamlined administrative removal process for people who overstay their visas and have been determined to be threats to national security and public safety.

· Improve our nation’s immigration courts. The President’s proposal invests in our immigration courts. By increasing the number of immigration judges and their staff, investing in training for court personnel, and improving access to legal information for immigrants, these reforms will improve court efficiency. It allows DHS to better focus its detention resources on public safety and national security threats by expanding alternatives to detention and reducing overall detention costs. It also provides greater protections for those least able to represent themselves.

Cracking Down on Employers Who Hire Undocumented Workers

· Mandatory, phased-in electronic employment verification. The President’s proposal provides tools for employers to ensure a legal workforce by using federal government databases to verify that the people they hire are eligible to work in the United States. Penalties for hiring undocumented workers are significantly increased, and new penalties are established for committing fraud and identity theft. The new mandatory program ensures the privacy and confidentiality of all workers’ personal information and includes important procedural protections. Mandatory electronic employment verification would be phased in over five years with exemptions for certain small businesses.

· Combat fraud and identity theft. The proposal also mandates a fraud‐resistant, tamper‐resistant Social Security card and requires workers to use fraud‐and tamper‐resistant documents to prove authorization to work in the United States. The proposal also seeks to establish a voluntary pilot program to evaluate new methods to authenticate identity and combat identity theft.

· Protections for all workers. The President’s proposal protects workers against retaliation for exercising their labor rights. It increases the penalties for employers who hire undocumented workers to skirt the workplace standards that protect all workers. And it creates a “labor law enforcement fund” to help ensure that industries that employ significant numbers of immigrant workers comply with labor laws.

Pathway to Earned Citizenship

· Create a provisional legal status. Undocumented immigrants must come forward and register, submit biometric data, pass criminal background and national security checks, and pay fees and penalties before they will be eligible for a provisional legal status. Agricultural workers and those who entered the United States as children would be eligible for the same program. Individuals must wait until the existing legal immigration backlogs are cleared before getting in line to apply for lawful permanent residency (i.e. a “green card”), and ultimately United States citizenship. Consistent with current law, people with provisional legal status will not be eligible for welfare or other federal benefits, including subsidies or tax credits under the new health care law.

· Create strict requirements to qualify for lawful permanent resident status. Those applying for green cards must pay their taxes, pass additional criminal background and national security checks, register for Selective Service (where applicable), pay additional fees and penalties, and learn English and U.S. civics. As under current law, five years after receiving a green card, individuals will be eligible to apply for U.S. citizenship like every other legal permanent resident.

· Earned citizenship for DREAMers. Children brought here illegally through no fault of their own by their parents will be eligible for earned citizenship. By going to college or serving honorably in the Armed Forces for at least two years, these children should be given an expedited opportunity to earn their citizenship. The President’s proposal brings these undocumented immigrants out of the shadows.

· Create administrative and judicial review. An individual whose provisional lawful status has been revoked or denied, or whose application for adjustment has been denied, will have the opportunity to seek administrative and judicial review of those decisions.

· Provide new resources to combat fraud. The President’s proposal authorizes funding to enable DHS, the Department of State, and other relevant federal agencies to establish fraud prevention programs that will provide training for adjudicators, allow regular audits of applications to identify patterns of fraud and abuse, and incorporate other proven fraud prevention measures.

Streamlining Legal Immigration

· Keep Families Together. The proposal seeks to eliminate existing backlogs in the family-sponsored immigration system by recapturing unused visas and temporarily increasing annual visa numbers. The proposal also raises existing annual country caps from 7 percent to 15 percent for the family-sponsored immigration system. It also treats same-sex families as families by giving U.S. citizens and lawful permanent residents the ability to seek a visa on the basis of a permanent relationship with a same-sex partner. The proposal also revises current unlawful presence bars and provides broader discretion to waive bars in cases of hardship.

· Cut Red Tape for Employers. The proposal also eliminates the backlog for employment-sponsored immigration by eliminating annual country caps and adding additional visas to the system. Outdated legal immigration programs are reformed to meet current and future demands by exempting certain categories from annual visa limitations.

· Enhance travel and tourism. The Administration is committed to increasing U.S. travel and tourism by facilitating legitimate travel while maintaining our nation’s security. Consistent with the President’s Executive Order on travel and tourism, the President’s proposal securely streamlines visa and foreign visitor processing. It also strengthens law enforcement cooperation while maintaining the program’s robust counterterrorism and criminal information sharing initiatives. It facilitates more efficient travel by allowing greater flexibility to designate countries for participation in the Visa Waiver Program, which allows citizens of designated countries to visit the United States without obtaining a visa. And finally it permits the State Department to waive interview requirements for certain very low-risk visa applicants, permitting resources to be focused on higher risk applicants and creates a pilot for premium visa processing.

· “Staple” green cards to advanced STEM diplomas. The proposal encourages foreign graduate students educated in the United States to stay here and contribute to our economy by “stapling” a green card to the diplomas of science, technology, engineering and mathematics (STEM) PhD and Master’s Degree graduates from qualified U.S. universities who have found employment in the United States. It also requires employers to pay a fee that will support education and training to grow the next generation of American workers in STEM careers.

· Create a “startup visa” for job-creating entrepreneurs. The proposal allows foreign entrepreneurs who attract financing from U.S. investors or revenue from U.S. customers to start and grow their businesses in the United States, and to remain permanently if their companies grow further, create jobs for American workers, and strengthen our economy.

· Expand opportunities for investor visas and U.S. economic development. The proposal permanently authorizes immigrant visa opportunities for regional center (pooled investment) programs; provides incentives for visa requestors to invest in programs that support national priorities, including economic development in rural and economically depressed regions ; adds new measures to combat fraud and national security threats; includes data collection on economic impact; and creates a pilot program for state and local government officials to promote economic development.

· Create a new visa category for employees of federal national security science and technology laboratories. The proposal creates a new visa category for a limited number of highly-skilled and specialized immigrants to work in federal science and technology laboratories on critical national security needs after being in the United States. for two years and passing rigorous national security and criminal background checks.

· Better addresses humanitarian concerns. The proposal streamlines immigration law to better protect vulnerable immigrants, including those who are victims of crime and domestic violence. It also better protects those fleeing persecution by eliminating the existing limitations that prevent qualified individuals from applying for asylum.

· Encourage integration. The proposal promotes earned citizenship and efforts to integrate immigrants into their new American communities linguistically, civically, and economically.


Barack Obama to unveil immigration plan next week: White House

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

26 JAN, 2013, 12.17PM IST,

Article here

US President Barack Obama will unveil his plans for a comprehensive immigration reform next week which is expected to spell out the legalisation procedure for lakhs of illegal immigrants and lay down steps to attract global talents, including from India.

US President Barack Obama will unveil his plans for a comprehensive immigration reform next week which is expected to spell out the legalisation procedure for lakhs of illegal immigrants and lay down steps to attract global talents, including from India.
WASHINGTON: US President Barack Obama will unveil his plans for a comprehensive immigration reform next week which is expected to spell out thelegalisation procedure for lakhs of illegal immigrantsand lay down steps to attract global talents, including from India.

“There are certainly indications now that what was once a bipartisan effort to push forward with comprehensive immigration reform will again be a bipartisan effort to do so, because the President firmly believes that it should be. This is not a partisan or ideological pursuit. It’s the right thing to do for oureconomy,” White House Press Secretary Jay Carney, told reporters today.

Obama’s plan is expected to not only to spell out the legalisation procedure for lakhs of illegal immigrants, but also steps to attract the global talents, which would benefit people from countries like India.

He is scheduled to spell out his plan for a comprehensive immigration reform in Nevada next week, Carney said.

Ahead of his announcement, Obama and senior administration officials met yesterday morning with leaders of the Congressional Hispanic Caucus to discuss a need to make things fairer for and grow the middle class by fixing the broken immigration system so that everyone plays by the same rules.

During the meeting, Obama noted that any legislation must include a path to earned citizenship.

“The President further noted that there is no excuse for stalling or delay. The President made it clear that he will continue to lead on this issue and that he looks forward to working with the Congressional Hispanic Caucus and other key members of Congress in a bipartisan process, as I mentioned earlier, to move this debate forward at the earliest possible opportunity,” he said.

The White House announcement comes in less than a week after Obama, in his inaugural address, vowed for a comprehensive immigration reform, which would attract the engineers from countries like India rather than being expelled from the country.

“Our journey is not complete until we find a better way to welcome the striving, hopeful immigrants who still see America as a land of opportunity; until bright young students and engineers are enlisted in our workforce rather than expelled from our country,” Obama said in his inaugural speech.

Addressing the nation moments after being sworn in for his second term by the Chief Justice of the US, on January 21, Obama without giving the specifics, promised that immigration reform would be one of his top priorities for his second term.

While mentioning the talented engineers, the US President was apparently referring to the large number of engineers and technology graduates who are now being forced to go back to their countries either because of the long waiting period for legal permanent residency, popular as Green Card or those not getting H-1B visas.

People from India are the worst affected by the current system.

 


Next up: Immigration

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform Leave a comment
By Shawna Thomas, White House producer, NBC News
Article here

The president is taking his second-term agenda on the road next week.

However, the topic of Tuesday’s trip is immigration and not gun control. While event details are still being sorted out, the White House has confirmed that “the president will be traveling to Nevada on Tuesday to redouble the Administration’s efforts to work with Congress to fix the broken immigration system this year.”

This comes after an unannounced meeting at the White House with members of the Congressional Hispanic Caucus Friday morning. Members of the caucus and the White House expressed a “sense of urgency” when it came to tackling the issue of comprehensive immigration reform.

Since his re-election,President Obama has said that he would attempt to tackle the issue in his second term and the topic was given prominence by being included in his inaugural address.

“Our journey is not complete until we find a better way to welcome the striving, hopeful immigrants who still see America as a land of opportunity,” he said Monday.

Rep. Luis Gutierrez (D-IL), who has been an outspoken supporter of the DREAM Act and comprehensive immigration reform said after the meeting, “We all need to work together — the president and Congress, Republicans and Democrats — to get something done right away.”

In an interview late last year, House Speaker John Boehner said, “I think a comprehensive approach is long overdue, and I’m confident that the president, myself, others, can find the common ground to take care of this issue once and for all.”

But while there has been acknowledgement and even some optimism on both sides of the aisle that there needs to be some type of reform to the country’s immigration system, it is still unclear how any kind of large-scale reform would move through Congress, what the details would be, and who would spearhead it.

President Obama’s push for comprehensive immigration reform comes after his sweeping advantage with Latinos in his re-election. Obama won 71 percent of Latinos, up from 67% in 2008. They made up 10 percent of the electorate, up from 9 percent in 2008, which underperforms their population nationally — 16 percent, according to the U.S. Census.

In Nevada, those shares are even higher. Obama won 74 percent of Hispanics in Nevada, and made up 19 percent of the electorate (but are 27 percent of the overall population). They were crucial in helping Obama to a 52-46% win in the Silver State, as well as victories in Colorado, New Mexico, and Florida.


Obama Will Seek Citizenship Path in One Fast Push

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform, State and Local Immigration Rules Leave a comment

By 

Published: January 12, 2013

WASHINGTON — President Obama plans to push Congress to move quickly in the coming months on an ambitious overhaul of the immigration system that would include a path to citizenship for most of the 11 million illegal immigrants in the country, senior administration officials and lawmakers said last week.

Mr. Obama and Senate Democrats will propose the changes in one comprehensive bill, the officials said, resisting efforts by some Republicans to break the overhaul into smaller pieces — separately addressing young illegal immigrants, migrant farmworkers or highly skilled foreigners — which might be easier for reluctant members of their party to accept.

The president and Democrats will also oppose measures that do not allow immigrants who gain legal status to become American citizens one day, the officials said.

Even while Mr. Obama has been focused on fiscal negotiations and gun control, overhauling immigration remains a priority for him this year, White House officials said. Top officials there have been quietly working on a broad proposal. Mr. Obama and lawmakers from both parties believe that the early months of his second term offer the best prospects for passing substantial legislation on the issue.

Mr. Obama is expected to lay out his plan in the coming weeks, perhaps in his State of the Union address early next month, administration officials said. The White House will argue that its solution for illegal immigrants is not an amnesty, as many critics insist, because it would include fines, the payment of back taxes and other hurdles for illegal immigrants who would obtain legal status, the officials said.

The president’s plan would also impose nationwide verification of legal status for all newly hired workers; add visas to relieve backlogs and allow highly skilled immigrants to stay; and create some form of guest-worker program to bring in low-wage immigrants in the future.

A bipartisan group of senators has also been meeting to write a comprehensive bill, with the goal of introducing legislation as early as March and holding a vote in the Senate before August. As a sign of the keen interest in starting action on immigration, White House officials and Democratic leaders in the Senate have been negotiating over which of them will first introduce a bill, Senate aides said.

“This is so important now to both parties that neither the fiscal cliff nor guns will get in the way,” said Senator Charles E. Schumer of New York, a Democrat who is a leader of the bipartisan discussions.

A similar attempt at bipartisan legislation early in Mr. Obama’s first term collapsed amid political divisions fueled by surging public wrath over illegal immigration in many states. But both supporters and opponents say conditions are significantly different now.

Memories of the results of the November election are still fresh here. Latinos, the nation’s fastest-growing electorate, turned out in record numbers and cast 71 percent of their ballots for Mr. Obama. Many Latinos said they were put off by Republicans’ harsh language and policies against illegal immigrants.

After the election, a host of Republicans, starting with Speaker John A. Boehner, said it was time for the party to find a more positive, practical approach to immigration. Many party leaders say electoral demographics are compelling them to move beyond policies based only on tough enforcement.

Supporters of comprehensive changes say that the elections were nothing less than a mandate in their favor, and that they are still optimistic that Mr. Obama is prepared to lead the fight.

“Republicans must demonstrate a reasoned approach to start to rebuild their relationship with Latino voters,” said Clarissa Martinez de Castro, the director of immigration policy at the National Council of La Raza, a Latino organization. “Democrats must demonstrate they can deliver on a promise.”

Since the election, Mr. Obama has repeatedly pledged to act on immigration this year. In his weekly radio address on Saturday, he again referred to the urgency of fixing the immigration system, saying it was one of the “difficult missions” the country must take on.

Parallel to the White House effort, Mr. Schumer and Senator Lindsey Graham of South Carolina, a Republican, have been meeting with a group of at least four other colleagues to write a bill. Republicans who have participated include John McCain of Arizona, who has supported comprehensive legislation in the past; Jeff Flake, also of Arizona, who is newly elected to the Senate; and Mike Lee of Utah. Senator Marco Rubio of Florida participated in one meeting last month.

Democrats in the meetings include Richard J. Durbin of Illinois, the No. 2 Senate Democrat; Robert Menendez of New Jersey and Michael Bennet of Colorado.

Basic tenets for the bill, Mr. Schumer said, were that it would be comprehensive and would offer eventual citizenship for illegal immigrants who follow a prolonged process to correct their status.

“This is a bottom line,” Mr. Schumer said in an interview on Thursday. “The Democrats have made it clear we will not accept a bill without a direct path to earned citizenship.” He said senators from both parties had been “pleasantly surprised” at how rapidly the talks had proceeded.

Mr. Rubio, a Cuban-American who has emerged as a star in his party, is making immigration one of his primary issues. He has advocated taking changes in pieces, arguing that lawmakers will get better results if the politically and practically tangled problems of the immigration system are handled separately.

Mr. Rubio has been preparing a bill that would provide legal status specifically for young illegal immigrants, known as Dreamers, who came to the United States as children.

Mr. Rubio said Thursday that the piecemeal approach was “not a line in the sand” for him. But he said he would insist that any legalization measure should not be unfair to immigrants who played by the rules and applied to become residents through legal channels.

His proposals would allow illegal immigrants to gain temporary status so that they could remain in the country and work. Then they would be sent to the back of the line in the existing system to apply to become permanent residents, without any special path to citizenship.

Mr. Rubio said he hoped to rally Republicans to support changes. Speaking of Latinos, he said, “We are going to have a struggle speaking to a whole segment of the population about our principles of limited government and free enterprise if they think we don’t want them here.”

In the Republican-controlled House, the future of a comprehensive bill remains unclear.

Representative Phil Gingrey, a Georgia Republican who follows immigration issues, said he remained opposed to “amnesty of any kind.”

He said that the Obama administration had been lax on enforcement, and that he would “continue working to secure our borders and enforce existing immigration law.”

But groups backing the overhaul say they are bigger and better organized than in the past. Last month, the labor movement, including the A.F.L.-C.I.O. and other sometimes-warring factions, affirmed a common strategy. Last week, the U.S. Chamber of Commerce said it would work with labor, Latino and church organizations to pass the overhaul this year.


McCain, Hatch, Rubio offer optimism on immigration on return for lame duck

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

By Cameron Joseph – 11/13/12 08:25 PM ET
Entire Article

Three key Senate Republican players on immigration returned to a lame-duck session of Congress on Tuesday offering optimism that a deal on immigration could be made next year.

Sen. John McCain (R-Ariz.) said he believes it’s “very likely” the Senate will come up with a comprehensive immigration bill that could include enforcement and a way of dealing with illegal immigrants in the country.

A pathway to residency or citizenship for those illegal immigrants was the major stumbling block to immigration reform efforts in the last decade.
Sen. Orrin Hatch (R-Utah) said “everything ought to be on the table” in the immigration talks, while McCain said there’s a “sense of urgency” in the GOP to deal with the issue.

Sen. Marco Rubio said he was “hopeful” lawmakers would be able to work on something, but added his position remains that Congress should take action on strengthening border security first.

“As I’ve said, in my opinion, the first steps in all of this is to win the confidence of the American people by modernizing the legal immigration issue and by improving enforcements of the existing law,” he said. “And then, obviously, we’re going to have to deal with 11 million people who are here in undocumented status.

“I think it’ll be a lot easier to figure that out if we do those other steps first. But like I said, there are going to be a lot of opinions on this.”

Republican soul searching on immigration has stepped up after President Obama’s victory in last week’s presidential election. Obama soundly defeated Republican nominee Mitt Romney among Hispanic voters.

In the wake of the election, conservative talk-show host Sean Hannity and pundit Charles Krauthhammer have both urged Republicans to work on an immigration plan that would include a pathway to residence for those in the country illegally.

“There’s a sense of urgency in the Republican Party for obvious reasons, and I’m sure that everybody’s ready to deal. But the specifics? Too early,” McCain said Tuesday when asked about a comprehensive bill that included a pathway to citizenship.

“There are a lot of very important legal considerations that have to be made, but I’ve always been empathetic towards resolving this problem one way or the other,” said Hatch.

McCain had abandoned his support for a comprehensive bill during a 2010 primary challenge from former Rep. J.D. Hayworth (R-Ariz.).

But on Tuesday, he sounded more like the McCain who championed a comprehensive immigration reform plan backed by President George W. Bush.

“Oh, I think it’s very likely that we get it resolved, but there are going to be some tough negotiations,” he said.

Rubio, a Hispanic who is trusted and beloved by the GOP base, could be the most important player to watch in the negotiations.

He seemed more hesitant to embrace the concept of a big package than McCain or Hatch but didn’t close the door on a single, comprehensive bill. In the past, that’s usually meant a pathway to citizenship for undocumented immigrants in the U.S., stricter border enforcement, a temporary worker program for industries such as agriculture and a crackdown on those who hire undocumented immigrants.

“People are interested in it. It’s going to take some time,” he said. “It’s an important issue for the country economically, it behooves us to have a 21st century immigration policy.”

Rubio said he “didn’t have anything to announce today” on how involved he’ll be with the issue, but said he was “hopeful we’ll be able to work on something.”

The Florida senator had begun to work on a Republican version of the “DREAM Act” last year before President Obama ordered temporary visas be given to some undocumented immigrants brought here as children.

Hatch, an original sponsor of the DREAM Act, voted against it in 2010, largely because of concerns about a 2012 Tea Party primary challenge.

This story was posted at 8:25 p.m. Tuesday and updated at 9:13 a.m. Wednesday.


Out of the shadows A first step to make young illegal immigrants welcome

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

Aug 25th 2012 | ATLANTA AND CHICAGO | from the print edition

Economist

LISA OHMAN was brought up in Macon, Georgia, and speaks with a gentle southern accent. She graduated from Wesleyan College, a women’s university in Macon, with majors in biology and chemistry, and has just taken her medical-school entrance exams. Teresa Lee was brought up in Chicago; at the tender age of 17 she played piano with the Chicago Symphony Orchestra, and she is now working towards a doctorate in music. Yet both are illegal immigrants. Ms Ohman’s parents brought her to America from Sweden when she was ten; Ms Lee’s brought her from Brazil when she was two.

Both faced the prospect of being forced to return to the countries they were born in—their “native” countries in name only. But on August 15th they and more than 1m others like them were granted a small but welcome measure of relief. From that day, immigrants under the age of 30 without criminal records who came to America before they were 16 years old, have lived in America continuously for at least five years, are enrolled in or have graduated from school or university or have been honourably discharged from military service, were allowed to apply for “Deferred Action for Childhood Arrivals” (DACA).

DACA confers neither citizenship nor permanent-resident status. It is instead, in essence, a promise from the government not to deport an immigrant for two years. Applying costs $465, and acceptance can be renewed every two years. Successful applicants will receive a Social Security number and will be eligible to work legally. This means their wages will be taxed; but, because they are not citizens, they will not be eligible to receive the benefits that their taxes help to finance.

DACA has its roots in the Development, Relief and Education for Alien Minors (DREAM) Act, a bill first introduced in Congress 11 years ago. The DREAM Act would have conferred permanent-resident status on roughly the same set of immigrants that DACA covers. It died in committee in 2002. Four years later it passed the Senate as part of the far more expansive Comprehensive Immigration Reform Act, but died in conference. In 2010 it narrowly passed the House, but was blocked by a Republican filibuster in the Senate. Hence DACA, which Barack Obama’s homeland-security secretary delicately termed an “exercise of prosecutorial discretion”.

The right cried foul. House Republicans proposed measures to stop Mr Obama’s order from being enforced. Twenty Republican senators (including one supporter of the 2006 immigration bill and two backers of the 2001 DREAM Act) wrote to the president, accusing him of “an inappropriate use of executive power” and worrying about the effects of unleashing “an untold number of illegal immigrants” into the workforce when jobs are scarce.

In fact, many eligible immigrants are already in the workforce. Others are students. Doubtless there are some budding entrepreneurs as well: as Mitt Romney acknowledges, legal immigrants are disproportionately represented among patent applicants, and among those who start and head successful tech companies. And their numbers are not quite untold: the Obama administration estimated there were 800,000 eligible applicants, though there may be as many as 1.7m.

Not all will apply, of course. Some still worry about the risk of exposure: the DACA forms warn that applications may be denied for any reason, and the government’s decision is final. Yet the enthusiasm on display last week suggests that DACA may prove immensely popular. As Ms Lee explained at a rally in Chicago on August 15th, it is “a chance for us…to give back to the country we love and call home.”


Immigration attorneys ‘bombarded’ after Obama policy announcement

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration or Notario Fraud, Immigration Trends, Legislative Reform Leave a comment

“It is important that people not do anything until it is clear what the actual process is to apply,” Abdin said. “We don’t want them to fall prey to notaries or attorneys who are only after money and are not really going to be helping them.”

Abdin and other immigration attorneys urged undocumented immigrants hoping to qualify under the policy to start gathering paperwork that would prove they meet the requirements outlined by the government, such as birth certificates, passports, Texas or consular IDs, school or vaccination records.

More..


Secretary Napolitano Announces Deferred Action Process for Young People Who Are Low Enforcement Priorities

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Interior Enforcement Leave a comment

WASHINGTON— Secretary of Homeland Security Janet Napolitano today announced that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization.

“Our nation’s immigration laws must be enforced in a firm and sensible manner,” said Secretary Napolitano. “But they are not designed to be blindly enforced without consideration given to the individual circumstances of each case. Nor are they designed to remove productive young people to countries where they may not have lived or even speak the language. Discretion, which is used in so many other areas, is especially justified here.”

DHS continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders. Today’s action further enhances the Department’s ability to focus on these priority removals.

Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:

  1. Came to the United States under the age of sixteen;
  2. Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
  3. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  5. Are not above the age of thirty.

Only those individuals who can prove through verifiable documentation that they meet these criteria will be eligible for deferred action. Individuals will not be eligible if they are not currently in the United States and cannot prove that they have been physically present in the United States for a period of not less than 5 years immediately preceding today’s date. Deferred action requests are decided on a case-by-case basis. DHS cannot provide any assurance that all such requests will be granted. The use of prosecutorial discretion confers no substantive right, immigration status, or pathway to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.

While this guidance takes effect immediately, USCIS and ICE expect to begin implementation of the application processes within sixty days. In the meantime, individuals seeking more information on the new policy should visit USCIS’s website (at www.uscis.gov), ICE’s website (atwww.ice.gov), or DHS’s website (at www.dhs.gov). Beginning Monday, individuals can also call USCIS’ hotline at             1-800-375-5283       or ICE’s hotline at             1-888-351-4024       during business hours with questions or to request more information on the forthcoming process.

For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria and have been offered an exercise of discretion as part of ICE’s ongoing case-by-case review, ICE will immediately begin to offer them deferred action for a period of two years, subject to renewal.

For more information on the Administration policy reforms to date, please see this fact sheet.

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Fact Sheet: Transforming the Immigration Enforcement System Release Date: June 15, 2012

Posted on by Ruby Powers in DREAM Act, Immigration Law, Immigration Trends, Interior Enforcement, Legislative Reform Leave a comment

Direct Link

Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system.  As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a national security or public safety risk, including immigrants convicted of crimes, violent criminals, felons, and repeat immigration law offenders, we have taken a number of steps to transform our immigration enforcement system.

  • April 30, 2009: U.S. Immigration and Customs Enforcement (ICE) released a new worksite enforcement strategy which moved away from large worksite raids and toward more effective auditing and investigations.
  • July 10, 2009: Secretary Napolitano announced reforms to the 287(g) program, including increased training, data collection, and the standardization of the agreements with state and local law enforcement agencies.
  • August 2009: DHS created two new offices within ICE, the Office of Detention Policy and Planning as well as an independent Office of Detention Oversight, to focus on oversight and provide specific attention to detainee care. ICE also established two advisory boards of national and local stakeholders.  These working groups have met for nearly three years and provide feedback to ICE on a variety of detention issues. You can learn more about the numerous detention reforms implemented by ICE, by clicking here.
  • September 2009: ICE issued new protocols to increase transparency in the reporting and notification of detainee deaths.
  • January 4, 2010: ICE revised its policy for granting parole to individuals found to have a credible fear of persecution if they establish their identities, pose neither a flight risk nor a danger to the community, and have no additional factors weighing against release.
  • June 30, 2010: ICE Director John Morton issued a Memorandum entitled “Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens” articulating ICE’s commitment to prioritizing the use of its enforcement personnel, detention space, and removal resources to promote national security, public safety, and border security—with the removal of aliens who pose a danger to national security or a risk to public safety constituting the highest enforcement priority.
  • July 2010: ICE launched the first-ever online detainee locator system enabling attorneys, family, and friends to find a detainee in ICE custody and to access information about the facility, including its location and visiting hours.
  • August 20, 2010: ICE issued a Memorandum entitled “Guidance Regarding the Handling of Removal Proceedings of Aliens with Pending or Approved Applications or Petitions”—outlining a framework for ICE to request expedited adjudication of an application or petition (I-130) for an alien in removal proceedings that is pending before U.S. Citizenship and Immigration Services (USCIS) if the approval of such an application or petition would provide an immediate basis for relief for the alien.
  • June 17, 2011: On June 17, 2011, ICE Director Morton issued a new memorandum that provides guidance for ICE law enforcement personnel and attorneys regarding their authority to exercise prosecutorial discretion where appropriate to ensure greater consistency in the treatment of individuals who do not fit within ICE’s enforcement priorities.
  • June 17, 2011: ICE, in consultation with the DHS Office of Civil Rights and Civil Liberties, developed a new policy designed to protect victims of domestic violence and other crimesand to ensure that these crimes continue to be reported and prosecuted. This policy directs all ICE officers and attorneys to exercise appropriate discretion to ensure that victims of and witnesses to crimes are not penalized by removal.
  • August 18, 2011: ICE initiated an unprecedented review of all immigration cases pending in the immigration courts and incoming cases. fact sheet
  • November 7, 2011: USCIS issued revised guidance on referral of cases to ICE and issuance of NTAs.
  • November 17, 2011: ICE issued further guidance on how they would conduct the case by case review.
  • January 4, 2012: ICE issued a new policy related to transferring individuals between detention facilities that established that if an individual has family-members or counsel nearby, he/ she will not be transferred absent extraordinary circumstances.
  • February 2012: ICE issued its detention standards, now known as the Performance-Based National Detention Standards 2011, to improve medical and mental health services, increase access to legal services and religious opportunities, improve communication with detainees with limited English proficiency, improve the process for reporting and responding to complaints, and increase recreation and visitation.
  • February 7, 2012: ICE announced the creation of their first Public Advocate to assist individuals and community organizations in addressing complaints and inform stakeholders of ICE policies and initiatives.
  • March 13, 2012: ICE opened its first-ever designed and built civil detention center in Karnes City, Texas. The Karnes County Civil Detention Center is a civil immigration detention facility for low-risk, minimum security detainees.
  • May 2012:  ICE, in collaboration with the DHS Office for Civil Rights and Civil Libertiescreated new trainings for state and local law enforcement on issues related Secure Communities. The goal is to provide actionable information to state and local law enforcement about the civil rights and civil liberties issues that may arise when ICE begins using federal information sharing capability through Secure Communities in their jurisdictions.
  • May 2012: ICE, after consultation with the DHS Office for Civil Rights and Civil Liberties, promulgated a new directive on Sexual Abuse and Assault Prevention and Response in order to comprehensively address and clarify procedures at the agency level relating to investigation, coordination, and response of sexual assault and abuse in immigration detention facilities.
  • May 17, 2012: DHS announced it would undertake its own rulemaking to apply the Prison Rape Elimination Act (PREA) to immigrant confinement facilities, building upon the zero tolerance policy for sexual assault and abuse in confinement facilities that DHS previously adopted.
  • June 15, 2012: Secretary Napolitano announces that effective immediately, certain young people who were brought to the United States through no fault of their own as children, do not present a risk to national security or public safety, and meet several key criteria will be eligible for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal. Click here for the press release.

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