Political or Judicial

Not surprisingly, the Senate’s effort to pass comprehensive immigration reform has failed, and it is anticipated that no further action will be taken until 2009. The failure of our elected leaders to address this critically important issue is extremely troubling. While we have some hope that Congress might address some of the specific issues that relate to business immigration law, it has been noted in a New York Times article that the “high-tech” Titans, representatives of leading high-tech firms, were ignored during the recent debate on comprehensive immigration reform. It is therefore very difficult to predict whether Congress would be inclined to consider specific, piecemeal legislation that would create more H-1B or permanent resident visas. The business community should continue to lobby its representatives for legislation that addresses the needs of the business community in the business immigration law arena.

Earlier today, the President announced that Senate leaders from both parties had come to a compromise on a bill that would be a MAJOR overhaul to the immigration system. Details are still emerging, but among the highlights are:

– Enhanced border security, which must be completed before any guest worker or legalization plan is implemented
– Immediate status for undocumented people here, after payment of a large fine
– Restructuring and reduction of many family based categories
– Additional workplace verification and enforcement
– A merits-based “points” system that would allow immigration based on certain factors

THIS IS NOT A LAW, but is merely a proposal. As you will recall, last year the Senate put together a compromise bill that ultimately died when no compromise could be reached with the House of Representatives. We will see what happens with this one and how it evolves, as debate in the Senate is slated to begin next week. Please see this website for updates concerning legislative progress.

Some of these provisions are very onerous and, in our opinion, unworkable. There is still an opportunity to shape this law. Please contact your congressional representatives in the Senate and the House of Representatives to urge them to pass practical, humane immigration reform that will serve America’s needs. Click on the link below for instructions on contacting your Senators and Representative.
http://capwiz.com/aila2/callalert/index.tt?alertid=9764951

U.S. Representative Jeff Flake had a meeting with business leaders on Wednesday and indicated his opinion that there is a greater than 50-50 chance that the bill he has introduced in the House of Representatives will pass and become law. Representative Flake is one of the sponsors of the STRIVE bill that has been introduced in the House which is similar to the comprehensive immigration bill that passed the Senate last term.

Let’s hope that Representative Flake is correct. We urge interested individuals to send e-mails to their Congresspeople and Senators urging them to support comprehensive immigration reform.

The House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law met on March 30, 2007 at historic Ellis Island for a hearing on the Past, Present, and Future: A Historic and Personal Reflection on American Immigration.

Michael Chertoff, Secretary of the U.S. Department of Homeland Security, stated, “Our efforts to ensure vigorous enforcement of our laws in the interior, and especially at the worksite, are crucial to controlling the problem of illegal immigration. But they alone will not be sufficient. We must create a lawful mechanism so that in the future, foreign workers can come into the United States on a temporary basis to fill jobs that U.S. workers do not want. This regulated channel for temporary workers would dramatically reduce the pressure on our borders, aid our economy and ease the task of our law enforcement agents inside the country.”

Dowell Myers, Professor of Urban Planning and Demography and Director of the Population Dynamics Research Group University of Southern California, addressed the aging Baby Boomer crisis, “Immigrants do not arrive in a vacuum, and they may well provide at least part of the solution to a grave crisis that is about to overtake us. The rapid aging of our population creates stresses that are unprecedented, and the overall effect has enormous social, political, and economic implications for our future.”

Representatives Gutierrez (D-Ill) and Flake (R-Az) have introduced a bi-artisan comprehensive immigration bill in the House. The bill creates a certification process for demonstrating that improvements in border surveillance are in place before providing benefits to undocumented workers. The bill also strengthens interior enforcement in the United States and creates a new Employment Verification System to verify a new employee’s authorization to work in the United States.

The bill creates a new worker program that creates a legal channel for immigrant workers by establishing a temporary H-2C visa which is valid for three years and renewal for another three years. The bill also provides earned legalization or citizenship for people who are in the United States without proper documentation. The Act also overhauls the family-based and employment-based immigration system to reduce backlogs and inefficiencies.

This bill is very similar to the comprehensive immigration reform package that was passed by the Senate during the last Congressional session.

The DREAM Act of 2007, which would provide a path to legal status for undocumented students, has been introduced into both houses of Congress. There is optimism building that it has a good chance of passing and being signed by the President.

USCIS has announced that effective March 30,2007, they will create a third track for processing FOIA applications for individuals who are in proceedings before an immigration judge. This will allow respondents to conduct better “discovery” prior to their removal hearing. This is an important due process breakthrough for individuals in removal/deportation proceedings.

Tamara Jocoby, a member of the Pro-Business Manhattan Institute Think Tank, has advocated publicly that Congress must move forward on immigration reform in the near future. If Congress waits until the fall, immigration reform will become enmeshed in the 2008 Presidential campaign with the likelihood of passage decreasing substantially. If Congress cannot pass comprehensive immigration reform, it should address some of the component programs such as the Agjobs Bill or the Dream Act.
There have been many reports of behind-the-scenes meetings between key players in the immigration debate who are trying to obtain a broader consensus on a comprehensive immigration bill. Hearings are now taking place in Congress. Hopefully, there will be some movement in the near future.

USCIS has recently indicated that it will no longer routinely expedite an FBI name check in response to a petition filed in federal court. In the past, USCIS would routinely expedite an FBI name check in response to a federal law suit. It is too early to tell what impact this new rule will have on the handling of federal law suits in the District of Colorado.