Immigration News

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.