Archive for January, 2011

Supreme Court & Arizona’s Employer Sanctions Law

January 29, 2011 By: admin Category: The situation

Those following the Obama Administration’s legal challenge to Arizona’s SB 1070 have likely heard about “preemption”—the legal concept governing when state laws conflict with, and are therefore superseded by, acts of Congress. The heart of the dispute over SB 1070 is whether states have a right to provide assistance that the federal government does not want.

No one knows if or how the Supreme Court will ultimately answer that question. But a number of hints may emerge when the Justices issue a ruling in Chamber of Commerce v. Whiting, a case testing the legality of a different law known as the Legal Arizona Workers Act. Passed in 2007, the act imposed new requirements to prevent employers from hiring unauthorized workers, as well as harsh consequences for doing so. While the Justices’ questions during Wednesday’s oral argument offered reason for hope among immigrants’ rights advocates on one part of the law, they left the fate of the other unresolved.
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Source: Ben Winograd

R. Dan Stein on Rachel Maddow: Stop Immigration!

January 29, 2011 By: admin Category: The situation

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H-1B visa cap reached on January 26, 2011

January 28, 2011 By: admin Category: The situation

U.S. Citizenship and Immigration Services (USCIS) announced on Jan. 27 that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. USCIS will use this process to select petitions needed to meet the cap. USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Pursuant to the Immigration and Nationality Act, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated FY2011 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:

extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers, or computer programmers.

2010 Saw Record Deportation Numbers

January 28, 2011 By: admin Category: The situation

Charlotte, NC: The fiscal year of 2010 saw more migrant deportations from the U.S. than ever before. The U.S. Immigration and Customs Enforcement (ICE) deported 392,862 foreigners in 2010, 23,000 deportations more than in 2008. Nearly 200,000 of the people who were deported in 2010 had been convicted of crimes. That number was up by 81,000 from 2008. In the fiscal year of 2009, 389,834 people were removed from the United States, and ICE is hoping to deport more than 400,000 illegal immigrants in 2011. ICE is also expanding the Secure Communities Program, were inmates in local prisons have their fingerprints run against FBI and ICE databases. The Secure Communities program is expanding rapidly, and in 2010 more than 90,000 people were arrested by federal authorities through the program, and deportation proceedings have been initiated for nearly 50,000 of them. The program has also identified many who were later acquitted of any crimes, but whose cases are now pending because they were found to be in the U.S. illegally. In its two-year history the Secure Communities program has identified 69,905 undocumented workers that have later been deported, most of them for committing minor or medium-level crimes. The Immigration and Customs Enforcement is aiming to further target immigrants with criminal records in 2011, along with businesses that employ illegal immigrants.
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