By:  Timothy Sutton, Communications Editor

“Homeland Security Investigations is committed to holding businesses and their managers accountable when they knowingly hire an illegal workforce,” –John Kelleghan, Special Agent in charge of HSI Philadelphia.

Homeland Security, the FBI, and ICE did much more than hold GPX/GPX, USA, a seismic surveying company and their field supervisor, Donald Wiggill, “accountable,” by charging the company with a total maximum fine of $10 million, a probation term of five years on each count, and a special assessment totaling $8,000; Wiggill faces an unconscionable indictment of 100 years in prison on all 20 counts, a fine of $5 million, a supervised release term of 60 years, and a special assessment of $2,000. The Texas based company failed to verify the immigration status of nineteen employees and did not prepare the required Form I-9 and supporting documentation concerning the immigrants’ authorization to work in the United States.

John Kelleghan of Homeland Security further justified the Philadelphia HSI decision to levy such harsh punishment for I-9 non-compliance saying, “HSI and our law enforcement partners will continue to ensure that employers follow our nation’s hiring laws, which ultimately protect job opportunities for the nation’s legal workers, and levels the playing field for those businesses that play by the rules.”

The proportionality of the punishment sought for the crime is extremely shocking. Our blog has recently covered the penalties imposed upon, HerbCo, Chipotle, and most recently ABC Tree Professionals, which pale in comparison to the punishment GPX is now facing.

GPX is being treated like a national security threat for mishandling nineteen employees Form I-9s. The difference between thousands of dollars versus millions of dollars in fines, in addition to 100 years of jail time, is the involvement of the FBI and the Homeland Security. GPX is charged with harboring and transporting illegal aliens and conspiracy to commit those offenses as outlined in an indictment by the U.S. Attorney for the Middle District of Pennsylvania, Peter J. Smith. Whether GPX was honestly aware of their employees’ immigration status is still unknown, however proper planning and implementation of I-9 compliance would have saved the company millions in civil penalties and avoided a hundred years of jail time. With the stakes elevated so tremendously high by this multi-departmental crackdown on workforce compliance –  who can afford not to get their legal documents in order?

To protect your business and your employees please contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.

At a time when the prospects for immigration overhaul seem most dim, supporters have unleashed a secret weapon: a group of influential evangelical Christian leaders.

For more on this, read the story.

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If this is your first time visiting us, Immigration Solutions provides US and global visa services to individuals and employers throughout the USA and abroad.  We specialize in business immigration and have a depth of experience in the IT, healthcare, arts & entertainment sectors, amongst others.  We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) auditing, training, and work with our clients to develop compliant immigration policies and procedures.  We offer these services, as well, to government contractors and advise on FAR E-Verify enrollment and compliance issues.

As reported in the Washington Post 5/24/2010

Democrats crafting an overhaul of U.S. immigration laws are bringing a new approach to a long-stalled debate: giving a federal commission some power over the future flow of legal foreign workers.

Senate Democratic leaders are drafting a measure to authorize a commission to recommend levels of employment-based visas and green cards that let immigrants work legally in the United States. The plan would require Congress, in certain cases, to vote when immigrant labor is deemed out of line with demand. Although the commission would have limited influence over the skilled-immigrant market for technology and other industries, it would have a major role in regulating low-skilled foreign labor.

The commission idea originally came from Ray Marshall, Labor Secretary under President Jimmy Carter. The United States needs a nonpartisan panel that would use “rigorous” data analysis in its decisions, Marshall said in an interview.

The idea is another example of lawmakers showing a willingness to relinquish decision-making to commissions on issues that include reducing the federal debt, Iraq war policy and curbing Medicare costs.

“It’s the ultimate expression for the need for political cover,” said Ross Baker, a political science professor at Rutgers University.

Legislation being drafted by Sen. Charles E. Schumer (D-N.Y.) and Senate Majority Leader Harry M. Reid (D-Nev.) is expected to take a different tack, said a Schumer aide, who spoke on the condition of anonymity. The panel they envision would have a stronger role in deciding immigrant-worker levels in lower-skilled occupations — such as hotel and restaurant jobs — than in higher-skilled ones.

We’ll see how all this plays out and will continue to report on any and all immigration reform measures.

If you’re an employer that despite your efforts to hire US workers, must rely on foreign workers to grow your business, sign this petition and send it to your representatives and then pass the link along.

President Obama on Friday strongly criticized restrictive immigration legislation pending in Arizona, calling for a federal overhaul of the nation’s laws instead.

Speaking at a naturalization ceremony for 24 active duty service members in the Rose Garden, Obama said that failure to enact immigration reforms would open the door to “irresponsibility by others. That includes, for example, the recent efforts in Arizona, which threaten to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe,” Obama said.

Arizona Gov. Jan Brewer, who faces a tough election battle and growing anger in the state over illegal immigrants, scheduled an afternoon news conference Friday to announce her decision.

The sweeping measure would make it a crime under state law to be in the country illegally. It would also require local police officers to question people about their immigration status if there is reason to suspect they are in the country illegally.

Obama indicated that he is monitoring the Arizona bill for civil rights and other implications, and said,  “If we continue to fail to act at a federal level, we will continue to see misguided efforts opening up around the country.”

Arizona has an estimated 460,000 illegal immigrants and is the state with the most illegal border crossings, with the harsh, remote desert serving as the gateway for thousands of Mexicans and Central Americans.

Unfortunately — in the President’s remarks, he didn’t offer a timetable for trying to pursue an overhaul of immigration laws in Congress.  Earlier this month, the Senate majority leader, Harry Reid, retreated from a promise he made to those attending an immigration rally in Las Vegas, where he had suggested Congress would start work on an immigration overhaul soon. Within days of the rally, he indicated that the Senate wouldn’t be able to take up the issue during the calendar period extending until the Memorial Day break. And it may even be a longer wait for advocates, because Congress will be tied up this summer with a Supreme Court confirmation battle heading into the midterm election cycle.

How much longer? — is the question being asked ….

For more on this

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Arizona passes Strict Immigration Act

On 4/13/10, the Arizona state House of Representatives passed a bill (S.B. 1070) directing police to determine the immigration status of non-criminals if there is a “reasonable suspicion” they are undocumented. The state Senate passed a similar measure earlier this year.

A bill creating the country’s strictest immigration stance yet has passed the Arizona House and State Senate, creating a situation where citizens will be subject to random confrontations with police regarding their immigration status.

SB 1070 calls for police to demand proof of citizenship in any situation in which “reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.”

If you can’t present documentation of legal status, the law will allow for an automatic arrest.  Picture it — you go out for your morning run, do you take your driver’s license and your passport with you?  Didn’t think so.

But the means for demanding the documentation concerns immigrants rights groups who fear the draconian law will lead to racial profiling — specifically zeroing in on a Hispanic population that represents 30 percent of the Arizona citizenry.

For the text of the Bill

For more reading

LA Times

Immigration Impact Reports

The positive impact of Sunday’s rally on the mall for immigration reform is already in evidence.  Yesterday, after months of pressure, Senators Schumer and Graham finally released their blueprint for immigration reform and President Obama immediately pledged to help push bipartisan legislation forward. Next was Senator Reid who promised to make time for legislation on the floor this year and Senator Leahy also pledging his support. It’s hardly a coincidence that these statements all came days before the rally, which organizers predict will bring tens of thousands of people to Washington for an interfaith prayer service, three hours of speeches, and a peaceful march for change.

Cynics may ponder whether these are simply more empty promises, but that would ignore just how hard it is to get commitments from politicians on anything relating to immigration. The prospect of thousands of people calling you out on national TV has a way of focusing the political mind.

Immigration Solutions will re-visit this topic on Sunday.

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There’s been alot of chatter today about the introduction of Rep. Gutierrez’ (D-IL) immigration bill that is called Comprehensive Immigration Reform for America’s Safety and Protection (CIR ASAP).

Yesterday, Rep. Gutierrez stated, “We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President.  The time for waiting is over.”

To address some of the key points:

Backlog Reduction: This would be  a recapture of unused employment-based visas from  previous years (1992 – 2008) with an allowance for future unused visas to roll over the next year; exempting spouses and children from the annual cap; increasing the country quotas; the ability to file for AOS (adjustment of status; i.e. green-cards) before a visa number is available by paying a fee of $500, even thought a visa cannot be issued until a visa number is available.  This does, however, allow for work authorization, travel authorization and maintenance of status.

Employment Verification: Would make E-Verify work verification mandatory for all employers by phasing in current employees and new hires; would impose additional pealties on employers’ failure to follow the E-Verify program.

H-1B and L-1 Nonimmigrant Visas: Would impose requirements on employers to recruit US workers before applying for an H-1B and would increa3se penalties for H-1B violations.  Would create penalties for L-1 violations.

The Undocumented: Would create a 6-year ‘conditional’ non-immigrant status for undocumented (illegal) foreign nationals in the USA.  This would include work authorization and travel authorization; would waive unlawful presence bars and provide a path to permanent residence (green-card) and citizenship.

The Immigration Policy Center has an excellent 6-page more detailed review of the bill which we link to.

AILA applauded the introduction of Rep. Gutierrez’ Bill and stated, “We know how dedicated Rep. gutierrez is to immigration reform,” commented Bernie Wolfsdorf, president of AILA.  “Gutierrez has long been a strong and vocal leader in the CIR movement.  We look forward to analyzing this new CIR bill and hope to work with him and other members of Congress to fix our nation’s dysfunctional immigration system and help spur the country back to economic recovery.”

AILA further stated:  Already, the Congressional Progressive Caucus, the Congressional Asian Pacific American Caucus and members of the Congressional Black Caucus have endorsed the bill as a solution to both stem illegal immigration and promote legal migration that will protect and strengthen our nation’s economic and national security.

Gutierrez explained at his press conference yesterday that the Senate will still take the lead on debating immigration reform with a bill to be introduced by Sen Charles Schumer (D-NY), Chair of the House Judiciary Subcommittee on Immigration.  Janet Napolitano (DHS Secretary) has indicated that they have provided extensive technical assistance to Schumer and his staff as they draft the bill that is predicted to be introduced early 2010.

We will continue to report on any and all news and progress on the immigration reform front.

If you’re interested in more reading….Homeland Security Today NY Times ABC News The Hill

Today, Rep. Luis V. Gutierrez (R-IL) announced that on Tuesday, December 15th he will introduce a Comprehensive Immigration Bill.  Congressman Gutierrez stated, “We have waited patiently for a workable solution to our immigration crisis by this Congress and the President.  The time for waiting is over.  This bill will be presented before Congress recesses for the holidays so that there is no excuse for inaction in the New Year.”  He further states, “This bill is ‘enough’ and presents a solution to our broken system that we as a nation of immigrants can be proud of”.

In light of the debate still raging on health care, coupled with high unemployment, we have concern about timing.  We’ll see how this is received and will, of course, continue to report on this.  The good news is that the stage is being set for a conversation – hopefully early next year.

Lou Dobbs stepped down today from the controversial role as an advocacy anchor at CNN at the end of his show, announcing plans to seek a more activist role.

In an e-mail to CNN staff members, Jonathan Klein (CNN President) described the parting as “extremely amicable,” and said Dobbs’ replacement would be announced soon.

Dobbs cited the growth of the middle class, the creation of jobs, health care, immigration policy, the environment, climate change and the U.S. military involvement in Iraq and Afghanistan as “the major issues of our time.”  But, he said, “Each of those issues is, in my opinion, informed by our capacity to demonstrate strong resilience of our now weakened capitalist economy and demonstrate the political will to overcome the lack of true representation in Washington, D.C. I believe these to be profoundly, critically important issues and I will continue to strive to deal honestly and straightforwardly with those issues in the future.”

His no-holds-barred, sometimes acerbic style brought him a loyal following, but also attracted controversy both to him and to the network, especially over the subject of illegal immigrants.

Dobbs will continue as anchor of The Lou Dobbs Show, a daily radio show that began in March 2008 and is distributed to more than 160 stations nationwide by United Stations Radio Networks Inc.

We link to the CNN website post and a video of Dobbs goodbye segment.

[IMMIGRANT’S LIST reports]  Last week, Congressman Lamar Smith from Texas, the ranking Republican on the House Judiciary Committee, wrote an Op-Ed in Politico that should make everyone working for immigration reform take notice. Rather than lay out a plan to address the unsustainable immigration system in this country, he uses the words “amnesty,” “illegal-immigrant lobby” and “open-borders crowd” (24 times by our count) to scare readers.

We’ve included the text of the article from Politico.com.  When you read it, do what I did — ask yourself: “Okay, what’s your plan? How do we fix our broken system?”

We concur with immigrant’s List, “Governing means being responsible. But too many elected officials think screaming “AMNESTY” over and over passes for honest debate. They’re loud and they’re going to use every scare tactic in the book to get re-elected. Don’t let them get away with it. With your help, Immigrants’ List will work to elect members of Congress in 2010 who actually want to tackle the problems we face, and who actually want to govern.”

…what do you think?   info@immigrationsolution.net