In a Press Release today, DHS Secretary Janet Napolitano, announced the elimination of the paper arrival/departure form (Form I-94W) for authorized travelers from nations participating in the Visa Waiver Program (VWP).

The elimination of the paper I-94W form enables travelers to provide basic biographical, travel and eligibility information automatically through ESTA prior to departure for the United States —reducing redundancy and enhancing the security of sensitive personal information, as CBP stores and protects all VWP data electronically on secure servers.

CBP recommends that travelers submit ESTA applications as soon as an applicant begins making travel plans. ESTA applications may be submitted at any time prior to travel, and once approved, will be valid for two years or until the applicant’s passport expires. To date, CBP has received more than 19 million ESTA applications from citizens of VWP countries—applications that will now automatically cover I-94W submission.

For more information about ESTA, please visit www.cbp.gov

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

As reported by the American Immigration Council, Janet Napolitano delivered her first detailed speech today on immigration reform.  She indicated that the security and enforcement measures that have been undertaken have revealed that “the more work we do, the more it becomes clear that the laws themselves need to be reformed.”

She further commented, “DHS is ready to implement reform”, according to the Secretary who noted,  “We’ve ended a year-long backlog for background checks on applicants for green-cards and naturalization.  We’ve expanded the opportunity for a widow to gain legal status here, despite the untimely death of her US citizen spouse.  We’ve launched a new interactive website that allows people to receive information about the status of their immigration cases by email or text message, and we have reduced the time it takes to process those cases.”

Another positive message she conveyed was: “Businesses must be able to find the workers they need here in America, rather than having to move overseas.  Immigrants need to be able to plan their lives – they need to now that once we reform the laws, we’re going to have a system that works, and that the contours of our immigration laws will last.  And they need to know that they will have as many responsibilities as they do rights…This Administration does not shy away from taking on the big challenges of the 21 Century, challenges that have been ignored too long and hurt our families and businesses.”

An interesting comment by Ben Johnson, Executive Director of the American Immigration Council who attended the speech today noted, “Napolitano’s speech today evidenced a real understanding by the Administration of the comprehensive policy prescriptions necessary to reform a broken system…..Her clear statement on the value of immigrants to our society and economy, and the important role that immigration reform can play in building a foundation for growth and prosperity is a welcome response to the angry, misinformed rhetoric that has otherwise clouded the debate on immigration.”

We link to the video of Secretary Napolitano’s speech

Press Release -10/30/2009

Department of Homeland Security (DHS) Secretary Janet Napolitano today opened the new National Cybersecurity and Communications Integration Center (NCCIC) — a 24-hour, DHS-led coordinated watch and warning center that will improve national efforts to address threats and incidents affecting the nation’s critical information technology and cyber infrastructure.

“Securing America’s cyber infrastructure requires a coordinated and flexible system to detect threats and communicate protective measures to our federal, state, local, and private sector partners and the public,” said Secretary Napolitano. “Consolidating our cyber and communications operations centers within the NCCIC will enhance our ability to effectively mitigate risks and respond to threats.”

The new, state-of-the-art facility reflects the shared priority of President Obama and Secretary Napolitano to bolster information sharing and incident response in order to protect and secure the nation’s cyber networks and infrastructure.

For more on this story

The date is just about upon us, subject to the US District Court’s ruling on US Chamber of Commerce v. Napolitano, in which a coalition of business groups is suing the government to enjoin implementing a regulation that would require certain federal contractors and their subcontractors to use E-Verify.  The Judge is expected to issue his ruling in the case in approximately 1 week.

So, what will be expected if these requirements are implemented?  Federal contracts will begin to use new language requiring the use of E-Verify to verify the employment eligibility of all new hires, as well as existing employees who work on the federal contract.  This will apply to contractors with a performance period longer than 120 days and a value over $100,000.  Service or construction subcontracts of a covered contract would also be required to include the E-Verify clause, if the value of the subcontract is over $3,000.

The Senate approved an amendment to the FY 2010 DHS Appropriations Bill that codifies a federal contractor’s obligation to use E-Verify, but without the above-mentioned parameters and exemptions.  If the amendment becomes law, it would limit DHS’ ability to implement the federal contractor E-Verify rule as it now exists.  Both chambers of Congress are scheduled to meet in September to agree on a final package.  We are not sure if the E-Verify amendment will be included or not at this time.

Immigration Solutions will continue to monitor the FAR developments. If you have any questions about this or any other compliance issues, please contact us for more information at info@immigrationsolution.net or 1 562.612.3996.  Here is a link to our compliance services and solutions.

In a Wall Street Journal article from August 18th, the new ICE Chief, John Morton, said that the agency is set to increase the number of companies it will audit and systematically impose fines on violators. Violations could also lead to criminal charges, he said.

On July 1, Homeland Security Secretary Janet Napolitano announced an audit of employers to verify whether their employees were eligible to work.  Mr. Morton said that 654 companies are currently being audited and that many more employers will be notified soon that they also will be under scrutiny by the government.

“You are going to see audits regularly and on a larger scale,” Mr. Morton said during a two-day visit to southern California, his first since being appointed four months ago. “You will see the resuscitation of…civil fines.”

If you have not addressed your I-9 issues, we would strongly urge you to do so.  Our Employer Compliance Unit is up to speed on the law, can develop a compliance program that is tailored to your needs and your industry; we can perform onsite or offsite audits and training and can recommend electronic I-9 compliance and reporting systems with optional E-Verify interface if you’re ready to go paperless.

We link to our solutions and services.

In a 8/11/09 Press Release, the Department of Homeland Security announced its funding of an additional $30Mil for Operation Stonegarden to enforce immigration laws and combat illegal traffficking along the southwest border.

DHS Secretary, Janet Napolitano, stated, “Operation Stonegarden grants direct critical funding to state, local and tribal law enforcement operations across the country,” said Secretary Napolitano. “I am proud to announce an additional $30 million in funding specifically for the Southwestern states to ensure our first responders are equipped with the resources they need to confront the complex and dynamic challenges that exist along our Southern border.”

With his choice of Gov. Janet Napolitano to head the Department of Homeland Security, President-elect Barack Obama is laying the ground work for a moderate approach toward immigration and border policies , while laying the path to pursue comprehensive reform later.

Napolitano is the governor of a border state and a former federal prosecutor, and is bringing many years of experience in dealing with immigration and border issues. This is something previous Homeland Security leaders had lacked.

For more information on the new DHS chief:
Read this article from the Arizona Republic

PR: 3 I: 450 L: wait… LD: 146 I: 120 wait… C: wait… SD: wait…