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

The State of Arizona behind Governor Jan Brewer has made their position clear, they do not support Deferred Action Childhood Arrivals. Brewer signed her own executive order to “defend” Arizona from President Obama’s Deferred Action Program. Executive Order 2012-06 alleges that because DACA workers are not given lawful status, but merely deferred status, DACA recipients can be legally denied the right to obtain a driver’s license or any public benefit.

Brewer justifies her executive order as a defense against DACA which she refers to as “federal paperwork,” that will result in “significant and lasting impacts on the Arizona budget, it’s healthcare system and additional public benefits that Arizona taxpayers fund.” A Brewer spokesperson sited specific public benefits that DACA holders will not be eligible for: KidsCare, a children’s health-insurance program; unemployment benefits; business and professional licenses and government contracts.

Legal challenges to Brewer opposition of Obama’s DACA program are expected this week. Under the REAL ID Act of 2005 Sec.202(C)(B)(2)(viii), a federal law that modified requirements for state driver’s licenses and ID cards, “deferred action” is a term used for those eligible for state issued identification and driver’s licenses. According to NBC News, Regina Jefferies a local Phoenix attorney, criticized Brewer’s executive order saying, “Immigrants in Arizona have in the past been granted “deferred action” for other reasons long before the new Childhood Arrivals program was announced.” Additionally, Brewer’s spokesperson said that DACA students would not receive in-state tuition pricing.

After Brewer’s announcement, protester’s outside of the Arizona state capital waived signs that read, “Why the hate?” This sentiment raises the question, is Brewer guilty of playing politics with immigrant lives? Certainly, extreme curtailing of the DACA program by states like Arizona (and Florida) appears to be less about state preservation than politics. This preemptive strike against the Presidential Executive Order is a sign of the strong resistance to come for future immigration reform that favors inclusion over deportation.

California officials announced they would honor the DACA program and issue driver’s licenses to eligible persons. As temporary California residents, DACA beneficiaries will be afforded in-state tuition pricing, driver’s licenses, and the temporary ability to seek employment.

The national success of the DACA program shall remain closely monitored. We will continue to keep you updated on this and other breaking immigration news. If your business has questions about the DACA program or hiring from this temporary workforce, contact one of our immigration professionals at info@immigrationcompliancegroup.com or call 562 612.3996.

Please check out our news and stay informed.

More articles:  AZ Denies Dreamers GED Classes 

Driver’s Licenses Vary by State

By:  Timothy Sutton, Communications Editor

The United States Citizenship and Immigration Services (USCIS) have released a brochure, flyer, information on avoiding scams and hosted a teleconference regarding the launch date of the Deferred Action Childhood Arrivals (DACA) Application effective August 15, 2012. USCIS has provided a wealth of detailed information in various forms to clarify the deferred action application procedures. The popular media format of the flyer will likely be the most effective educational tool used with those eligible for the program. The timeline format and accompanying info-graphics are matched with concise language that aid the reader’s understanding.

Below are some highlights of the latest updates to the application procedure shared by USCIS Director Mayorkas on Friday, August 3, 2012:

Requesting Deferred Action

The government filing fees will be $465 in total for the deferred action application, the employment authorization document and the biometrics/background check.

There is no reapplication or appeals process for a failed application.

Biographic and biometric background checks are required. Immigration crimes are not factored into criminal history.

At this time, extensions of the 2 year deferred action status will be available.

Unlawful presence status is put on hold once deferred action status is granted.

If denied, cases will only be referred to removal proceedings under exceptional circumstances.

Qualifying For Deferred Action

• Individuals must not have current immigration status.

• Individuals detained by USCIS may only request qualification through their detention officer.

What documents will be required? Financial, medical, school, employment, and military records sufficient to show both entry before age of 16, as well as residence for at least five years preceding June 15, 2012.  Affidavits alone will generally not be sufficient evidence, but may support a shortcoming in documentation regarding casual departures or continuous residence.  USCIS will not accept affidavits in support of meeting the below requirements.  You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.  Driving under the influence is considered a significant misdemeanor.

• Note:  *Circumstantial evidence will not be considered for age on June 15, 2012 or school/veteran status.

• Travel prior to August 15, 2012 must be brief, casual, and innocent in nature.

• If false or misrepresented information appears on the application, unlawful status is upgraded to enforcement priority, subject to immediate criminal prosecution and removal.

• There is no expedited processing for deferred action.

• Employment authorization requires demonstration of “an economic necessity for employment.”

• Relatives are not covered under deferred action unless they independently qualify

• TRAVEL:   Question – If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?  Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes. You may not apply for advance parole unless and until USCIS defers action in your case pursuant to the consideration of deferred action for childhood arrivals process. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals. All advance parole requests will be considered on a case-by-case basis.

Subscribe to our blog for breaking news and updates on deferred action and other immigration laws.  We are starting to work with clients on documentation gathering.  Should you have questions or wish to engage the services of our office, please contact us at 562 612.3996 or email us at:  info@immigrationcompliancegroup.com

Resources:  The USCIS “How do I Guide”  –  USCIS FAQs

   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

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

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

The Hamilton Project, at the Brookings Institution held a forum on U.S. immigration on May 15, 2012. US Davis Economist, Giovanni Peri, purposed a radical overhaul to the entire immigration system. In short, Peri proposed a national auction system wherein employers bid for employee visas and proceeds of these sales fund local healthcare and education. The auction prices would be set with a reserve to ensure a minimal guaranteed income stream. Uncapped, the market would dictate the number of visas issued annually. This proposal seems to find a common ground between business needs and government regulation, benefiting the low-skilled labor market.

Auctioning low-skilled labor visas should help reduce the population of roughly 11.5 million illegal immigrants. Employers will be able to hire a legal workforce up to the point where auction prices for visas offset low wage savings. At that time, I-9 audits and workplace raids should continue to deter further hiring of illegal immigrants. This larger, stable and legal temporary workforce will help stabilize the economy. Changes are welcomed for companies like 3M that recently experienced a “brain drain.” 3M has been outsourcing science and technology jobs to Asia, citing the instability of the low skilled labor market they rely on to support their laboratories, manufacturing, research and development.

While Peri’s proposals are likely years away from actually being introduced into legislation, public officials like Senator John Cornyn continue to push for business friendly immigration. Senator Cornyn recently introduced legislation that would add 85,000 H-1B temporary visas issued annually to foreign-born engineers, mathematicians, scientists and other high-tech workers. Cornyn reminded the Senate, “We have to remember how this country was built. All of us are sons and daughters of immigrants that showed up here and made our way. We’ve cut off that flow.”

For continued coverage of proposed immigration reform and legislation, as well as the latest developments in immigration politics, subscribe to our blog and immigration and I-9 newsletters here.

Interested in staying current with I-9/E-Verify news and issues?  Check out our group on LinkedIn.

Top officials from the White House and the U.S. Citizenship and Immigration Services are in Silicon Valley for the week to solicit viewpoints and input from the start-up community on how the administration can improve the way it hands out visas to talented entrepreneurs who’ve landed funding to create new companies.  While Obama is asking the question how he can improve the immigration process for foreign entrepreneurs, he’s stating to UniVision, “I’ve got 5 years left to solve immigration.”  Our question is, must we really remain in the dark ages for 5 more years?

The article states that comprehensive immigration reform legislation continues to remain stalled in congress, as is specific bi-partisan legislation that attempts to address some of these start-up visa issues. So the Obama administration is left trying to make the most of the rules that it currently has on the books by re-interpreting a more accommodating implementation of those rules with fresh information gathered from the field.   The consensus is that Obama lacks the conviction to use his executive authority in an election year on controversial immigration issues, and that this is simply PR.  We say — this is exactly the time for him to use his executive authority anywhere he possibly can concerning immigration reform.   We shall see if anything comes of this.  More on this here.

The Department of Homeland Security (DHS) this week announced a series of administrative reforms to help attract new businesses and new investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world. These reforms are to take place over a period of time.

Leaders in the private sector launched the Startup America Partnership, an independent alliance of entrepreneurs, corporations, universities, foundations, and other leaders, joining together to fuel innovative, high-growth U.S. start-ups. Within just one year, the Partnership has mobilized to make over $1 billion in business services available to a national network that will serve as many as 100,000 start-ups over the next three years.

For more on this: http://www.whitehouse.gov/economy/business/startup-america

This is the best news we’ve heard in weeks.  As Jack Welch (former CEO of GE) recently stated in a CNN interview with Piers Morgan (to paraphrase)… We must have a compelling mission of innovation through which to filter and shape our decision making and legislative reform.

Compete America,  a coalition dedicated to ensuring that the United States has the highly educated workforce it needs to continue to lead in innovation and job creation, applauded yesterday the House Republican Technology Working Group for committing to review current visa rules that inhibit access to highly educated, innovative foreign workers among its policy priorities for job creation.

Under the section, “Ensure American Access to the Best Workers,” the Working Group committed to “examine current education programs to make sure they are operating efficiently.  We will also examine current visa and immigration laws to make sure we attract and retain the best and brightest minds from around the world.”

The American Council on International Personnel (ACIP) had this to say in their Press Release yesterday:

“…Today we applaud the House Republican Technology Working Group for including among its job creation priorities a commitment to review current education policies and immigration laws to ensure that America has access to the best talent, from America and around the world. In its list of priorities, “A Focus on Technology Policies that Foster Job Creation,” released today, the Working Group states:

Ensure American Access to the Best Workers: We will examine current education programs to make sure they are operating efficiently.  We will also examine current visa and immigration laws to make sure we attract and retain the best and brightest minds from around the world.

The commitment is consistent with several recent calls for reform made by both Democratic and Republican leaders, and is in line with ACIP’s long-held position that improving U.S. STEM education and reforming highly educated employment-based immigration policies to allow access to the world’s best and brightest are both needed for building America’s 21^st century workforce.

We applaud the House Republican Technology Working Group for making a commitment today to review education and visa policies to ensure a strong American workforce, said ACIP Executive Director Lynn Shotwell.  We urge Congress and the Administration to join together and enact bipartisan reform of the high-skilled employment-based immigration system this year.”

US companies have contributed nearly $2 billion in H-1B fees to scholarships and US worker training since 1999.  For a list of companies contributing to education and the future of the American workforce, we link here

For more editorial content on this subject:

CNN:  Fareed Zakaria, How to Innovate

Wall Street Journal

The Washington Post

Forbes

The Watertown Daily Times