By:  Timothy Sutton, Communications Editor

After two years of being deadlocked in the court system, the injunction preventing Arizona’s police force from enforcing the racially controversial “papers please,” program was lifted Wednesday by U.S. District Court Judge Susan Bolton. The decision is the latest legal move in Valle del Sol v. Whiting, a class action legal challenge to SB 1070 that was filed in May 2010. Plaintiffs include an Arizona-born citizen of Spanish and Chinese descent who was racially profiled.  “While today’s ruling puts civil rights at risk, it does nothing to undermine our resolve to continue fighting until SB 1070 is struck down in its entirety,” said Chris Newman, legal director of the National Day Laborer Organizing Network. The Supreme Court upheld SB 1070 2(b), also known as the “papers please,” provision, earlier this summer. However, Justice Kennedy suggested there would be clear constitutional problems if the law were used to target racial or ethnic minorities, or to detain people for an unreasonable period of time while checking their immigration status. Opponents assert this unwanted outcome of targeting minorities is certain to transpire.

However, Governor Jan Brewer insists that the “papers please,” law does not allow Arizona law enforcement to conduct pretext stops because it requires reasonable suspicion. In a public statement she claimed Wednesday’s District Court ruling is “one big step closer to implementing the core provision of SB 1070.” That provision? Ridding Arizona of illegal immigrants.

Arizona’s highly controversial Maricopa County Sheriff Joe Arpaio was also been quoted on the Glenn Beck Show, clarifying his interpretation of reasonable suspicion, “If they have their speech, what they look like, if they look like they come from another country, we can take care of that situation.” As Brewer and Arpaio ramp up for the certain increase in detainment leading to deportation both Cecilia Wong of the ACLU and Victor Viramontes of MALDEF have committed to continue the fight against SB 1070.

It won’t be long before SB 1070 2(b) is back in the courthouse being challenged for racial profiling and discrimination based upon national origin. We will keep you updated on those and other immigration related breaking news as it develops. For more information, contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.

By:  Timothy Sutton, Communications Editor

Neil Rivas, a Latino artist in the San Francisco Bay area has created a series of immigrant status parodies on America’s most beloved comic book superheroes. The Ramp Gallery at the SOMArts Cultural Center in San Francisco that displays a hallway lined with Rivas’s parodies, which urge viewers to call ICE agents on heroes such as Superman, Wolverine, and Wonder Woman. Each poster sites the immigrant origins of the heroes and their undocumented status.

The exhibit highlights the gravity of loss our country would incur if we strictly applied our current immigration policies. What would our world be without Clark Kent or the scruffy Canadian Wolverine? I took the parody a step further considering my America without immigrants:

Without immigrants many of our favorite foods, like artichokes, would not be available. Were it not for the French and Italian American immigrants, the artichoke would not have found its home in California. Further, the “hand-labor” required by the agriculture industry relies heavily on immigrant, temporary, and even undocumented workers to survive. Not thrive, but merely survive.

The recent wave of state legislation denying rights to undocumented immigrants has greatly contributed to the growing social unrest with our current immigration politics. NBC News recently reported that a US permanent resident is currently locked up in Etowah County Detention Center because he mistakenly marked his status on a motorcycle driver’s license application “US Citizen.” The social and financial costs of our broken immigration systems are magnified even more by the speed and breadth of our modern communication mediums and social networks.

The ACLU recently challenged the validity of an Alabama state law that required immigration checks for school students; the Eleventh Circuit ruled they imposed a “significant interference with the children’s right to education” and therefore violated the equal protection clause of the Constitution. The general public is becoming increasingly sensitive to how theses secular immigration laws impact civil rights. “Illegal Super Heroes” is a perfect example of how current immigration issues have moved out of the legal and political realm into American’s daily lives.

For more information about the latest immigration court rulings and other breaking immigration news, subscribe to our blog and contact our office to discuss your business visa needs, I-9 audits, training and compliance program,   562 612.3996, info@immigrationcompliancegroup.com.

   By:  Timothy Sutton, ICG Communications Editor

High unemployment across the country may be contributing to the shift in focus by numerous State and Federal agencies toward eradicating the underground economy. This term is used in the insurance industry to refer to unlicensed, untaxed, and uninsured employers or contractors. In immigration circles, the illegal workforce is the common term used to represent undocumented workers who like workers in the underground economy, represent the unlawful economic advantage unscrupulous employers have over law-abiding businesses. In response to these illegal employment practices, the government is on a crusade to incentivize the legal employment of American workers.

This July, California’s Department of Insurance spearheaded a multi-agency task force similar to undertakings of ICE, DHS, OSC, and SEC. Detectives from the California Department of Insurance (CDI), the Contractors State License Board (CSLB), Employment Development Department (EDD), and County District Attorneys’ offices effectively created their own “Avengers” partnership to make an 11 county sweep across California, resulting in 104 enforcement actions.

US businesses are not strangers to regulatory enforcement. Arguably, complicated regulations on tax, insurance, employment and immigration laws deter the success of small to mid-sized American companies trying to expand into today’s global marketplace. Large corporations avail themselves of depressed wages and lenient international labor regulations by outsourcing labor to under-developed nations. Government regulatory and enforcement agencies like ICE have no jurisdiction to punish large corporations that exploit workers overseas. Consequently, “Avengers,” like the California task force against the underground economy, mostly impact local and domestic companies, often to their demise.

Competing against global-economic influences on a long-term basis in any industry requires strict scrutiny of company hiring policies, employment practices, and compliance with a complex myriad of tax, insurance, and immigration laws. If your business employs a domestic workforce, large or small, contact us to learn more about workforce compliance and subscribe to our blog  for the latest immigration news and updates.

By:  Timothy Sutton, Communications Editor

Wait Wait… Don’t Tell Me! is a comedic quiz program on NPR, testing listener’s knowledge of current events against some of the best and brightest in the news world. While figuring out what’s real news versus what’s made up, the show’s host presents a scenario to the contestant to determine if the scenario is fact or fiction. If you weren’t tuned into C-SPAN, you may have legitimately mistaken the House oversight committee’s interview, of the Secretary of the Department of Homeland Security (DHS) Janet Napolitano, as the latest episode of Wait Wait.

In this episode, members of the Congressional oversight committee rapidly fired questions at Napolitano, cutting short her responses, attempting to validate their “real news,” as something more than “made up.” The result, a trial like inquisition reminiscent of the famous scene between Tom Cruise and Jack Nicholson from A Few Good Men, with Napolitano ceremoniously remarking “you can’t handle the truth!” In reality, with grace and imperturbable resolve, Napolitano slowly roasted over the House Committee’s rotisserie.

Attacks upon the DHS Secretary by Chairman Lamar Smith (R-TX), Sensenbrenner (R-WI), Conyers (D-MI), and many more; indicated summary judgment has been rendered against the DHS for their approach to immigration enforcement, particularly in the areas of: visa overstays, boarder security, and deferred action. The business community should take note; Napolitano’s significant immigration reforms have yet to satisfy Congressional discontent. Looking forward, expect tighter regulation of business immigration under the guise of immigration overhaul.

Here are some DHS immigration reform highlights Napolitano submitted to Congress:

• Current DHS immigration reform focuses resources on repeat immigration law violators
• Numerous improvements were made to welcome business people…staying true to our history as a nation of immigrants
• Deterring Employment of Aliens not authorized to work by:

1. Eliminating high-profile raids and focusing on compliance through criminal prosecution of egregious employer violators, Form I-9 inspections, civil fines, and debarment
2. Since 2009, ICE audited more the 8,079 employers, debarred 726 companies, and imposed $87.9 million in financial sanctions

• Educated the business population through instituting:

1. E-Verify with more than 385,000 participants
2. E-Verify self-check

• Improving Legal Immigration:

1. Streamlining path for EB-5 entrepreneurs and clarifying the EB-2 classification
2. Instituted Entrepreneurs in Residence program and proposed regulatory changes in the Federal Register in April 2012 to minimize delays of family based immigration petitions
3. Reduced processing of benefit requests through Electronic Immigration System of Registration (ELIS)
4. Implemented “Study in the States” initiative to attract international students through a streamlined visa process

• Comprehensive Immigration Reform:

1. Supporting the Supreme Court’s decision on Section 2(B) of S.B. 1070

Napolitano capped off her remarks on immigration stating, “only a nationwide solution will resolve the challenges posed by the current immigration system.”

Despite the Congress clearly conveying their message to DHS, “Wait wait, don’t tell me, you think you’re doing a good job…” Napolitano’s focus on streamlining existing immigration policies is positive news for US businesses. Until the promise of streamlining comes to fruition, removing your business from the auditing radar, enrolling in E-Verify, and becoming Form I-9 compliant remain immigration best practices.

If you can handle the truth about current immigration policies, subscribe to our blog and stay informed by checking out our I-9 Employer Resource Center and join our LinkedIn Group.

By:  Timothy Sutton, Communications Editor

Former Secretary of State Condoleezza Rice was a keynote speaker at the 2012 Society for Human Resource Management Strategy Conference in Atlanta, Georgia. Rice addressed the conference on the issue of immigration reform and the future of our nation. In her speech, Rice endorsed economically unbiased immigration reform:  “It doesn’t matter where you came from, it matters where you’re going. And that belief has led people to come here for generations from across the world, just to be a part of that. And frankly, it hasn’t mattered whether it was Sergei Brin whose parents brought him here at 7 years old from Russia and he founds Google, or the guy who came to make five dollars and fifty cents. 

They are the same ambitious, risk taking people and America has been able to gather them and I do not know when immigrants became the enemy…But of course it is not just those who come here, but those who are here who happen to believe also that it doesn’t matter where you came from, it matters where you are going.”

Although she has stepped out of politics to teach at Stanford, Rice has been widely rumored as a front-runner for Mitt Romney’s presidential running mate. Her life story embodies the American Dream:  “Americans are not united by blood or ethnicity or religion or nationality. We are united by a creed. You can come from humble circumstances and you can do great things. And if that’s ever not true, then this society will rip itself apart. And then, a little girl grows up in Birmingham, Alabama, where her parents can’t take her to the movie theater or restaurant or the hospital, where she won’t have a white classmate until her parents take her to Denver.

 And yet even though she couldn’t have a hamburger at the Woolworth’s lunch counter, her parents had her convinced she could be the president of the United States if she wanted to be and she became the Secretary of State.

 Sometimes, oftentimes, what seems impossible seems inevitable in retrospect. And on that basis, we will continue to repair and to lead, and the world will move more and more towards prosperity and dignity and freedom.”

Wrapping up her keynote to hundreds of HR professionals from around the nation, Rice reiterated her unwavering faith in America as a global leader saying, “So I remain optimistic about our future, and I believe that it will be led by the most generous and most compassionate nation on earth, and that country is called the United States of America.”

Recognizing the tremendous potential and opportunity of America is the first step to reinvigorating our economy and future. Despite the persistence of mass media’s doom-and-gloom economic outlook, there is unwavering hope within US immigrant populations. If your company employs or plans to employ, immigrant or foreign workers, contact us for more information on how to successfully build upon your workforce prosperity.

By:  Timothy Sutton, Communications Editor

California’s governor is poised to sign a bill AB 1081 dubbed “The Anti-Arizona Act,” officially titled: Transparency and Responsibility Using State Tools or California TRUST Act. The bill is an attempt by California legislators to set a national precedent: local government opting-out of enforcing federal immigration policies. This anti-Arizona legislation arguably mirrors the purpose of Arizona’s SB 1070, selective enforcement of federal immigration laws. Without question, immigration laws are under federal jurisdiction. Enforcement of immigration law is not within the discretionary powers of a state or local government. The TRUST Act is an attempt by California to allow local government to back out of an agreement with the Immigration and Customs Enforcement (ICE) Secure Communities program signed in 2008.

Secure Communities requires that police and law enforcement provide the federal government with fingerprints of criminal suspects detained by local authorities. These fingerprints are run through a federal database for dangerous undocumented criminals; upon discovery of any prior criminal record, undocumented detainees will be placed into expedited deportation proceedings. California’s initiative to overrule nationally implemented immigration programs is teetering on a slippery slope.

AB 1081 requires:

• Local governments pass “opt-in” ordinances in order to continue participation in the Secure Communities Program
• Submit “anti-racial profiling” plans to the DOJ and monitoring associated with Secure Communities participation
• The modified participation agreement must include safeguards against racial profiling not limited to:
  • Prohibiting driver’s license checkpoints to obtain fingerprints
  • Establishing an expedited complaint system to review claims prior to removal

Businesses may resent the current administration’s attack on their hiring or employment practices. An unprecedented number of ICE audits, sanctions, civil lawsuits and multi-agency (most recently the SEC) investigations threaten employer’s economic welfare. Nonetheless, allowing states to opt-out of immigration agreements may lead to further complications in the future for American businesses.

While many Americans remain divided on a national Dream Act (deportation stay for undocumented college students), few agree that state enforcement over immigration laws further confuses an already troublesome issue. The solution is to find a nationally supported immigration policy that allows American businesses to thrive, but keeps our borders secure. Critics of AB 1081 believe California will become a “refuge” for undocumented aliens. Currently, our broken immigration system has conflicting policies on employee screening, visa application/renewal, and undocumented criminal deportation. Until the politics of immigration subside, businesses should seek legal assistance to ensure their compliance with ever-changing immigration policies.

Immigration Compliance Group has real-world experience in  business and employment-related immigration and compliance matters, ensuring your company’s future is secure. For more breaking immigration news signup to stay informed and contact our office at 562 612.3996 or email info@immigrationcompliancegroup.com.

By: Timothy Sutton, Communications Editor

My grandmother turns ninety-two years old this Fourth of July. Born and raised in Hawaii, she is one of seven daughters of an immigrant Chinese farmer. She grew up speaking Chinese, but raised her children to be American. To her, being American is more than just eating hamburgers instead of Chinese food; it is a love affair with endless possibilities. A bank teller, married to a butcher, my grandmother sacrificed all financial possessions to support her children’s education. The result: a doctor, an engineer, a certified public accountant, and two Ph.Ds.

America is a collection of success stories like my grandmother’s. We are a nation born out of a common struggle to establish a greater good for all. Our history may be shorter than many nations, but our progress is unparalleled.

Our strength and unity have made us a great nation that continues to rapidly progress. Our youth are both bright and ambitious. Over the last ninety-two years, my grandmother has participated in the most amazing experiment of freedom and personal liberty the world has ever known. This Independence Day, while the rockets cascade vibrant red, white, and blue hues across the night sky, another great American will be born; who knows what endless possibilities they may achieve over the next ninety-two years?

By: Timothy Sutton, Communications Editor                                                              

On May 3rd, 2012, the President reassured the nation of his dedication to reforming U.S. immigration policies. In his speech, President Obama insisted that upon re-election, he would immediately overhaul the current immigration system. Of late, the DREAM act, a pathway for un-documented students to achieve citizenship, has been at the forefront of immigration politics. But while politicians argue over issues regarding individual rights to obtaining U.S. citizenship, businesses are left wondering where they fit into the proposed immigration “system-overhauls.”

Over the last two years, the dramatic increase in I-9 audits by the current administration have been well documented on this and other blogs. Additionally, the White House website clearly outlines the President’s vision for immigration reform, “Demanding accountability for businesses that break the law by undermining American workers and exploiting undocumented workers.”

This week, HerbCo, an agricultural business in the state of Washington, received $1,000,000 in fines for hiring illegal workers. HerbCo Management also received sentences of five years probation after entering guilty pleas to the criminal charges against them. A week prior, a restaurateur in Oakland, California was sentenced to 41 months in prison for improperly reporting the wages of over one hundred illegal workers to the IRS.

These hefty penalties reflect the seriousness of President Obama’s demands for business accountability. If the pathway to legal citizenship becomes more accessible to children, will businesses shoulder more of the blame for facilitating the illegal immigration of their parents?  Business owners under the current political climate cannot afford workplace verification non-compliance. For more information on how to prepare your business for upcoming changes to the U.S. immigration system contact our office at info@immigrationcompliancegroup.com or call 562 612.3996.

The Obama administration has been holding behind-the-scenes talks to determine whether the Department of Homeland Security can unilaterally grant legal status on a mass basis to illegal immigrants, a former Bush administration official who spoke with at least three people involved in those talks told FoxNews.com on 6/21/10.

The issue was raised publicly by eight Republican senators who wrote to the White House last week to complain that they had heard the administration was readying a “Plan B” in case a comprehensive immigration reform bill cannot win enough support to clear Congress.

The White House has neither confirmed or denied this claim.  It’s unclear what section of the illegal immigrant population such a move would target. But the former Bush official said the discussions are real.

“The administration at the very minimum is studying legal ways to legalize people without having to go through any congressional debate about it,” the source said, calling the senators’ claim credible. “Whether somebody pulls the trigger on that, that’s another issue.”

The senators — Chuck Grassley, R-Iowa; Orrin Hatch, R-Utah; David Vitter, R-La.; Jim Bunning, R-Ky.; Saxby Chambliss, Ga.; Johnny Isakson, R-Ga.; and James Inhofe, R-Okla  — claimed in their letter that the administration was looking at extending what is known as deferred action or parole to millions of illegal aliens in the United States.

For more on this story

In a very interesting Blog post on The Hill (the blog for Congress), Rep Dana Rohrabacher reports that the Obama administration’s reaction to Arizona’s efforts to get an untenable situation under control, has been disappointingly predictable and dismissive of the majority of the American people who support what Arizona is doing.   He further states, “At every turn this administration has attempted to vilify Arizona’s efforts to enforce the law from threats of litigation by the Justice Department to our President allowing Mexican President, Felipe Calderon, to lecture us  about our immigration laws from the floor of the U.S. House of Representatives.”

Rep Rohrabacher asserts that illegal immigration in the US is big business  for Mexico. After oil, the number two source of income  for Mexico is the roughly $25 billion of remittances sent back there from workers in the United States, many of whom are here illegally.

Rohrabacher blogs that one of the tactics used by the Mexican government to help maintain this revenue source is the issuance of what is known as a “Matricula Consular ID Card” to Mexican nationals who do not have proper documentation to be in this country legally. The purpose of this ID card is to help make it easier for illegals to access public services, obtain housing or open bank accounts.

According to a recent report by the Federation for Immigration Reform:

Matricula Consular ID cards — two million of which have been issued in the last two years, have drawn heated criticism because they are issued to illegal aliens who cannot access U.S.-issued identity documents. Because consular ID cards are only needed by people who aren’t legally in the U.S. in the first place, communities and businesses that accept the cards as valid ID are undermining immigration enforcement and compromising U.S. security.

Rohrabacher states that one of the tactics used by the Mexican government to help maintain this revenue source is the issuance of what is known as a “matricula consular ID card” to Mexican nationals who do not have proper documentation to be in this country legally. The purpose of this ID card is to help make it easier for illegals to access public services, obtain housing or open bank accounts.

According to a recent report by the Federation for Immigration Reform:

Matricula Consular ID Cards — two million of which have been issued in the last two years, have drawn heated criticism because they are issued to illegal aliens who cannot access U.S.-issued identity documents. Because consular ID cards are only needed by people who aren’t legally in the U.S. in the first place, communities and businesses that accept the cards as valid ID are undermining immigration enforcement and compromising U.S. security.

“There’s no way around the fact that consular ID cards are only needed by people who aren’t legally in the U.S. in the first place. Indeed, relying on the Mexican Matricula for identification is tantamount to admitting that the bearer is in the U.S. illegally, as no one here legally has a need for one.”

“The FBI and the Department of Justice say that the cards are not a reliable form of identification and pose “major criminal threats” and a “potential terrorist threat.”

For more on this story, go to the the blog link above.