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American Immigration Council

Kirk Says U.S. Visa Restrictions Hobbling Business Efforts

Published on Mon, Mar 05, 2012

U.S. Trade Representative Ron Kirk said the nation’s policy for issuing visas is hurting the economy by limiting tourism and blocking overseas buyers of American products from coming to the U.S. for training.

“We will engage on the visa issue, which is frankly crippling us right now,” Kirk said today in Washington. “We hear from business after business, ‘We go, we make these sales, and my customers can’t get a visa to come here to learn how to use the product.’ We are past-due to have a common-sense immigration policy, and we need to have visa reform as part of that.”

In January, the U.S. Chamber of Commerce said the nation needs to ease restrictions on immigrants who plan to open U.S. businesses, and create a separate visa for potential entrepreneurs.

Efforts at overhauling immigration laws are stymied in Congress, including a proposal to let temporary foreign workers enter the U.S. and help illegal immigrants advance toward citizenship. The debate has overshadowed the need to change the U.S. visa program, according to the Chamber, the largest business group.

Current laws make it difficult for people to enter the U.S. and start a business, according to a Jan. 25 report from the Chamber and the Immigration Policy Center of the American Immigration Council, a Washington-based nonprofit. Expansion of the visa program would also aid companies’ access to foreign- born graduates of U.S. universities, helping economic growth, the authors of the report said.

Speeding Visas

President Barack Obama on Jan. 19 gave the departments of Homeland Security and State 60 days to write a plan for speeding visa applications from China and Brazil. Obama’s order recommends cutting the process to three weeks from four months.

Visa-processing capacity in China and Brazil must increase 40 percent in the next year, according to the order.Read more...

Published in the Bloomberg

Mocking Humane Immigration Detention Standards

House Hearing Makes Light of Necessary Detention Reform

Released on Wed, Mar 28, 2012

Washington D.C. - Today, the House Judiciary Committee will hold a hearing on new immigration detention standards recently issued by Immigration and Customs Enforcement (ICE). Cynically entitled “Holiday on ICE,” the hearing reflects Chairman Lamar Smith’s allegation that the new standards—which set minimum requirements for medical care, access to counsel, and other living conditions—are a “hospitality guideline” for detained immigrants. Roughly 34,000 immigrants, including lawful permanent residents, and many immigrants who have never been convicted of a crime, are detained under civil immigration laws each day. It is anticipated that the hearing will be a vehicle for promoting mandatory detention proposals sponsored by Chairman Smith, who maintains that more detention, rather than less, should be the goal of our civil immigration system.  Read more...

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Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

Released on Wed, Mar 14, 2012

This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

 

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Advocates File Suit Against DHS for Refusal to Disclose Records on Enforcement Program

Released on Mon, Mar 12, 2012

Washington D.C. - Last week, an alliance of national immigration advocacy organizations filed suit against the Department of Homeland Security (DHS), seeking to compel the release of documents concerning the agency’s Criminal Alien Program (CAP).

Seeking greater transparency, the American Immigration Council (AIC) and the Connecticut chapter of the American Immigration Lawyers Association (AILA) brought the suit under the Freedom of Information Act (FOIA), which requires federal agencies to produce responsive, non-exempt records upon request.   For years, the public has been unable to scrutinize CAP because DHS has shrouded the program in secrecy. AIC and AILA Connecticut requested a variety of documents related to CAP last year, but DHS has not produced a single one.

CAP is the workhorse of the federal immigration enforcement system. Under CAP, Immigration and Customs Enforcement (ICE) agents are stationed in prisons and jails, visit other detention facilities, and initiate deportation proceedings against people convicted of criminal offenses. However, CAP also sweeps up individuals who have been arrested but never convicted of any crime. And while DHS is still rolling out Secure Communities, CAP — a more far-reaching program — has been operational for years. Over the past five years alone, CAP has led to the arrest of more than a million people, and the program was implicated in approximately half of all removal proceedings in FY 2009. Read more...

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Kris Kobach, Nativist Son

Published on Thu, Mar 01, 2012

If there's a controversial new anti-immigration law that's captured national attention, chances are that it has Kris Kobach's imprimatur. A telegenic law professor with flawless academic credentials—Harvard undergrad, Yale Law School—Kobach helped Arizona lawmakers craft the infamous immigration law that passed in the spring of 2010. He's coached legislators across the country in their efforts to pass dozens of similar measures, ranging from Alabama, Georgia, and Missouri to the small town of Fremont, Nebraska, pop. 26,000. His record has helped propel him into elected office, becoming Kansas' secretary of state just six months after the passage of Arizona's SB 1070.

Kobach routinely denies that he's the progenitor of the anti-immigration laws he's drafted or defended. Rather, he insists he simply assists officials already committed to tougher enforcement policies. "I did not generate the motivation to pass the law...I am merely the attorney who comes in, refines, and drafts their statutes," he says.

But advocates on both sides of the immigration debate agree that Kobach's influence has been far-reaching. Rosemary Jenks of NumbersUSA, an anti-immigration group, calls Kobach "instrumental in helping states and localities deal with the federal government's authority." Vivek Malhotra, a lawyer who worked for the American Civil Liberties Union when it tussled with Kobach in court, says, "What Kris Kobach has done as a lawyer is really gone out to localities around the country and really used them as experimental laboratories for pushing questionable legal theories about how far states and local governments can go."Read more...

Published in the Mother Jones

The man behind Romney’s “self-deportation” plan

Published on Wed, Feb 22, 2012

If Kansas Secretary of State Kris Kobach has his way, Mitt Romney’s first term as president will see the largest forced exodus of people from the United States since the mid-1950s. Kobach, an adviser to the Romney campaign on immigration policy, is also the chief legal architect of a long-standing conservative campaign to stop the influx of undocumented immigrants, primarily from Mexico and Central America, who come to America to work .

“If we had a true nationwide policy of self-deportation, I believe we would see our illegal alien population cut in half at a minimum very quickly,” Kobach told Salon in a recent intervew. With an estimated 11 million undocumented residents in the country, Kobach is hoping to force 5.5 million people to leave the country by 2016

Kobach, elected to statewide office in Kansas in 2010, advocates “self-deportation” but says  he does not want “to do it at gunpoint.” Undocumented residents, he said, “should go home on their own volition, under their own will, pick their own day, get their things in order and leave. That’s a more humane way.”

A 45-years old Harvard graduate and father of three, Kobach is the man behind the Republican front-runner’s most clearly articulated immigration goal: “Self-deportation.” While the term does not appear on Romney’s campaign website, Kobach uses it all the time. With the Republican candidates gathering in Mesa Arizona tonight for a nationally televised debate, the discussion of immigration issues may well touch on Kobach’s rhetoric, as well as his legal accomplishments.Read more...

Published in the Salon.com

Report urges alternative to mass deportation of illegal immigrants

Published on Sun, Feb 12, 2012

BISBEE — A special report issued earlier this month by the Immigration Policy Center called “Discrediting ‘Self Deportation’ as Immigration Policy” argues that forcing all illegal immigrants to leave the United States would make life difficult for everyone.

The strategy called “attrition through enforcement” was conceived by national immigration restrictionist organizations, including the Federation for American Immigration Reform, Center for Immigration Studies and Numbers USA.

“While these groups favor severe restrictions on all immigration and support mass deportation, they are also proponents of this strategy. Recognizing the current political reality, they have sought to market the idea of attrition through enforcement as a kinder, gentler alternative to the harsh, expensive, and unworkable strategy of mass deportation,” states the Immigration Policy Center report.

“According to CIS (Center for Immigration Studies), attrition through enforcement involves reducing the number of unauthorized immigrants living in the U.S., and deterring future unauthorized immigrants from coming, by stepping up enforcement of existing laws and increasing the incentives for immigrants to ‘deport themselves.’ As Numbers USA puts it: ‘There is no need for taxpayers to watch the government spend billions of their dollars to round up and deport illegal aliens; they will buy their own bus or plane tickets back home if they can no longer earn a living here,’” it continues.

According to its Web site, the Immigration Policy Center is the research and policy arm of the American Immigration Council. IPC’s mission is to shape a rational conversation on immigration and immigrant integration. In its report, the group points out that attrition through enforcement has not resulted in a significant reduction in the unauthorized immigrant population, and it has had a devastating impact on communities.Read more...

Published in the The Sierra Vista Herald

To halt cartels, block cash flow

Published on Thu, Feb 09, 2012

 

If you want to stop a monster, cut off its head. Simple logic.

If you want a secure the border, go after the crime syndicates that routinely penetrate our southern border for their own nefarious purposes. Go after the leaders of the Mexican cartels. Go after their money.

The minions of these sophisticated international criminal organizations smuggle in drugs and people at will. They take back tens of billions of dollars in dirty profits. We put manpower and technology on the border. They find ways around it.

They take their profits out in shrink-wrapped bundles of hundred-dollar bills. Electronic transfers. Money schemes. Prepaid value cards that can store and transport money.

Joaquin "Chapo" Guzman, leader of the Sinaloa cartel, regularly appears on Forbes list of the world's wealthiest people.

"If U.S. forces can find Osama bin Laden, I am sure, with Mexican help, they can find and arrest Chapo," former Arizona Attorney General Terry Goddard wrote in an article for the Immigration Policy Center. "That arrest would do more to stop the flow of contraband into the U.S. and the slaughter in Mexico than all the billions spent so far."

Through the Merida Initiative, the U.S. has provided money and expertise to Mexico to fight the cartels, but time is not on our side if we hope to engage in a more vigorous assault on these criminal gangs that breach our borders. Mexican President Felipe Calderon, who runs an aggressive campaign against the cartels, will leave office in December. He cannot run in Mexico's July presidential election. His successor may take a more conciliatory approach to the cartels. Mexico is weary of a drug war that has cost more than 47,000 lives in the past five years.

Instead of discussing the cartel threat, the U.S. has been focusing on fences, immigration sweeps and deportations. These are politically popular responses that do not weaken criminal organizations in Mexico.Read more...

Published in the The Arizona Republic

Backlash against Kris Kobach on immigration is growing

Published on Thu, Feb 09, 2012

Kris Kobach’s ears should be burning.

Backlash built this week against the Kansas secretary of state for gallivanting state-to-state, drumming up support for laws bent on driving illegal immigrants out.

The rebukes aren’t coming from his usual critics, those who display sanity about the federal reforms needed to effectively deal with illegal immigration.

No, Kobach’s supporters are barking back now. The legislators and taxpayers who bought into his schemes to make the lives of illegal immigrants so hellish that they “self-deport.”

The editorial board of the Press-Register in Mobile, Ala., accused Kobach of banking on exactly what happened there — costly court challenges and a wide-range of unintended consequences for legal residents.

“Alabama allowed itself to be used as a guinea pig on illegal immigration so that a Kansas lawyer could build his political career,” the editorial said.

So Alabama’s legislature has gone to work, figuring out how to rewrite or repeal the damage done by Kobach’s handiwork, measures passed in 2011.

On Monday, the Immigration Policy Center released “Discrediting ‘Self Deportation’ As Immigration Policy.” Yes, you can make life harsh for immigrants, but everyone else suffers, too. Economists predict Alabama’s gross domestic product will lose up to $10.8 billion as a result, and $57 million to $264 million more in state income and sales tax collections could evaporate.

Oops.

Anyway, data are beginning to show that immigrants don’t self-deport in substantial numbers.

It’s all sleight of hand, a hustle that eventually will reach the U.S. Supreme Court.

Missouri also stood out in national conversations for being among the gullible states where chasing around illegal immigrants is still gathering traction, despite experiences elsewhere.Read more...

Published in the The Kansas City Star

Children of Immigrants Targeted by Tax Warfare in Congress

Published on Tue, Feb 07, 2012

 

The fundamental injustice of the tax system grows clearer as tax day looms ominously over working people and a few horde more and more of the nation’s wealth. Short of a total collapse of capitalism, the primary redistributive remedy for this would be progressive taxation. But our tax policy gets it exactly backward, and it's about to get a bit worse. And as with so many wars of attrition against the working class, this one begins by shafting disenfranchised communities, especially immigrants.

While the rich are rolling in tax giveaways, a few credits actually give poor folks a break. One of these, the refundable child tax credit (CTC), applies to middle-class and poor parents alike and was claimed by some 21 million taxpayers in 2011, “which averaged about $676 per child and totaled $26.1 billion,” according to Politico. For poor families, the CTC, together with its big sister the Earned Income Tax Credit, provides a lifeline to keep them from plunging below the poverty line.

Now some lawmakers advocate cutting off the child tax credit for tax filers who lack of Social Security number. The move is unabashedly aimed at making life harder for undocumented workers, even taxpaying ones, specifically by punishing their children.

Currently, the CTC is one federal tax benefit that people can claim using an Individual Tax Identification Number (ITIN) instead of a social security number. This effectively makes it available to undocumented workers—those who lack formal authorization.Read more...

Published in the In These Times

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