The National Immigration Law Center released this week FAQ’s concerning worksite rights for DACA employees.  The information is very helpful for those who are applying for DACA and for those who have been granted deferred action under the DACA Program.  There is also some excellent guidance for employers concerning the I-9 form for DACA new and existing employees, social security cards, employment verification letters, and more.  We also link to a previous blog post with updated FAQ information on the USCIS website.

Please be aware that this is ‘general’ information only.  We always recommend that you seek guidance from a skilled immigration attorney or professional who is familiar with DACA and employer compliance issues.  As always, we are available to work with you on your casework and to assist employers with employment eligibility verification issues.  Please contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996 and visit our I-9 Employer Resource Center.

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, 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.

Gov. Jerry Brown on Saturday granted illegal immigrants access to state financial aid at public universities and community colleges, putting California once again in the center of the nation’s immigration debate.

Under current law, undocumented students pay resident tuition rates if they have graduated from a California high school and affirmed that they are in the  process of applying to legalize their immigration status. Effective January 1, 2013, AB 131 will make this limited pool of students eligible to apply for Cal Grants and other state aid.

The legislation builds on AB 130, authored by Assemblymember Cedillo, signed into law by Governor Brown on July 25, 2011. AB 130 makes financial aid from private sources available to the same pool of students. The two laws are collectively known as the “California Dream Act.”

“After having invested 12 years in the high school education of these young men and women, who are here through no fault of their own,” Cedillo said, “it’s the smartest thing for us to do to permit these students to get scholarships and be treated like every other student.”

The California Department of Finance estimates that 2,500 students will qualify for Cal Grants as a result of AB 131, at a cost of $14.5 million. The overall Cal Grant program is funded at $1.4 billion, meaning that 1 percent of all Cal Grant funds will be potentially impacted by AB 131 when the law goes into effect.  For more:  http://gov.ca.gov/news.php?id=17268

At a rally Oct. 13th on the west lawn of the United States Capitol, U.S. Congressman Luis V. Gutierrez (D-IL) addressed a crowd of thousands who demanded change to our nation’s broken immigration system. Rep. Gutierrez’ address responded to a recent call from the immigration advocacy community to introduce comprehensive immigration reform in the House of Representatives. Rep. Gutierrez has been actively talking to advocacy and civil rights groups, faith-based groups, labor groups and his colleagues on the Hill to identify the most essential components of such a comprehensive bill. Today, he presented a broad outline of those core principles.

In a statement Rep. Gutierrez said, “We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it.  It is time we had a workable plan making its way through congress that recognizes the vast contributions of immigrants to this country and honors the American Dream.  I am preparing such a plan, and will introduce  it in the near future.  It will include the following core principles”:  A pathway to legalization, effective border enforcement, humane interior enforcement, protects workers, verifies employment, addresses family unit, Ag Jobs, Dream Act, establishes a future flow of foreign workers that is fair to employers and workers, and promotes immigrant integration. For more, we link to the Press Release

Other rallies took place across the country as well, demanding that Congress enact a broad and humane solution to fix the nation’s broken immigration system. Families, spiritual leaders, and community members gathered to encourage members of Congress and the Obama administration to follow in Rep. Luis Gutierrez’s (D-IL) footsteps and make family unity, workers’ rights, and a commitment to workable solutions fundamental parts of their collective vision for comprehensive immigration reform.

“Immigrants are an integral part of the fabric of American society,” said Marielena Hincapie, executive director of the National Immigration Law Center. “For too long, the flawed and ineffective immigration system has kept them apart from loved ones and made it difficult for them to fully participate in the communities they live and work in.”