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November 23, 2013

RUIZ-IBANEZ v. HOLDER

Posted by Attorney Norka M. Schell
Law Offices of Norka M. Schell
Tel. (212))564-1589

Petitioner Raul Ruiz-Ibanez, an alien who was admitted to the United States on July 13, 1982, with IR2 immigration status (Immediate Relative - Unmarried Child Under 21 Years of Age of a United States Citizen). He was under a final order of removal from the United States, because he pleaded  guilty of a felony without knowing of the immigration consequences in his immigration status. He filed  a petition for a writ of habeas corpus pursuant to 28 U.S.C. sec. 224 seeking release from detention in the custody  of United States Department of Homeland Security, Immigration and Customs Enforcement ("DHS"), pending the execution of a final immigration order of removal.

'On November 6, 2013, the New York Supreme Court, Appellant Division ruled that due process compels state court judges to warn defendants in criminal proceedings who are not U.S. citizens that pleading guilty to a felony may result in their deportation. The court found that “deportation is a plea consequence of such tremendous importance, grave impact and frequent occurrence that a defendant is entitled to notice. Due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony.” The court partially overruled the 1995 case of People v. Ford , which held that a court’s failure to advise a defendant of the possibility of deportation never affects the validity of a guilty plea.

When Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996, many more minor crimes became grounds for automatic deportation. Moreover, Congress largely stripped prosecutors of the discretionary ability to prevent the deportation of noncitizens who pled guilty to such crimes, making deportation “practically inevitable,” regardless of whether people have been here legally for many years, have U.S. citizen family members or children, or make significant contributions to their communities. Many immigrants, both documented and undocumented, who are deported due to criminal convictions have pled guilty, often without advice about the immigration consequences or any legal representation at all."

November 5, 2013

National Class Action Lawsuit on Work Authorization for Asylum Seekers.

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE NATIONAL CLASS ACTION LAWSUIT ON WORK AUTHORIZ...: For Immediate Release Posted by Immigration Attorney Norka Schell Federal Judge Approves Settlement Agreement in National Class...

THE NATIONAL CLASS ACTION LAWSUIT ON WORK AUTHORIZATION FOR ASYLUM SEEKERS IS FINALLY APPROVED!

For Immediate Release


Posted by Immigration Attorney Norka Schell


Federal Judge Approves Settlement Agreement in National Class Action Lawsuit on
Work Authorization for Asylum Seekers

November 5, 2013

Washington, D.C. – On Monday, November 4, U.S. District Court Judge Richard Jones ordered the final approval of a nationwide class action settlement agreement. The settlement will help ensure that asylum seekers, who have fled persecution in their home countries, are not unlawfully prevented from working and supporting their families while the government adjudicates their cases. The changes will commence on December 3, 2013.
The agreement stems from a case filed in December 2011 by the American Immigration Council and the Northwest Immigrant Rights Project (NWIRP), with co-counsel from the Seattle law firm Gibbs Houston Pauw and the Massachusetts Law Reform Institute. The complaint challenged widespread problems with the “asylum clock”—the system government agencies use to determine when immigrants who have applied for asylum may obtain permission to work lawfully in the United States.

The case, filed on behalf of asylum seekers around the country, alleged that the current system unlawfully denies asylum applicants the opportunity to obtain employment authorization if their asylum applications have been pending for six months or more. Some end up waiting several months or years for the government to make a decision on their asylum applications. Indeed, one plaintiff from China had been waiting nearly 10 years for his case to be resolved.

“Under the settlement agreement, the process for getting work permits will be more transparent and fair, and the government will be more accountable for errors in determining asylum seekers’ eligibility for work authorization,” according to Mary Kenney, Senior Staff Attorney with the American Immigration Council.
“We are very excited that after the Court’s order, we are only four weeks away from changes that will help thousands of asylum seekers, people who were placed in desperate circumstances, unable to seek employment to support themselves and their families while waiting for their asylum applications to be resolved,” said Chris Strawn, director of the asylum unit at NWIRP.

Among the benefits of the settlement: asylum seekers with Immigration Court cases may now present their asylum applications to the Court immediately, without having to wait months for an initial hearing before an Immigration Judge; certain asylum seekers whose cases have been pending on appeal will now be able to obtain work authorization when the Board of Immigration Appeals remands their cases to an Immigration Judge; asylum seekers and their attorneys will be provided with more effective notice so that they do not inadvertently accept hearing dates which preclude work authorization.

The successful conclusion of this lawsuit will bring clarity and accountability to a problem that has plagued the asylum process for decades and has impacted thousands of immigrants trapped in a cycle of delay and denial of the right to work.

For more information about the settlement, please contact my offices at (212)564-1589 or visit my website at www.lawschell.com 

October 10, 2013

Government Shutdown and Immigration Courts

Despite of the government shutdown, immigration courts nationwide are continuing to adjudicate detained cases. Court functions that support the detained caseload will continue, but other functions are suspended.

During the government shutdown, the Office of the Chief Administrative Hearing Officer will maintain its ability to issue subpoenas and accept for filing any complaints that must be filed to comply with statutory deadlines.

#IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR OCTOBER 2013

#IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR OCTOBER 2013: FAMILY-SPONSORED PREFERENCES Family-Sponsored All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHI...

VISA BULLETIN FOR OCTOBER 2013

FAMILY-SPONSORED PREFERENCES


Family-Sponsored All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01OCT06 01OCT06 01OCT06 22SEP93 01JUN01
F2A 08SEP13 08SEP13 08SEP13 01SEP13 08SEP13
F2B 01MAR06 01MAR06 01MAR06 08MAR94 08FEB03
F3 22JAN03 22JAN03 22JAN03 22MAY93 01JAN93
F4 08AUG01 08AUG01 08AUG01 15OCT96 22MAR90


EMPLOYMENT-SPONSORED PREFERENCES


Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st
C
C
C
C
C
2nd
C
15SEP08 15JUN08
C
C
3rd 01JUL10 01JUL10 22SEP03 01JUL10 15DEC06
Other Workers 01JUL10 22SEP04 22SEP03 01JUL10 15DEC06
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
Employment
Areas/
Regional Centers and Pilot Programs
C
C
C
C
C

September 10, 2013

USCIS APPROVED 10,000 U-VISAS FOR VICTIMS OF CRIME

Posted by Norka M. Schell, NYC Immigration Lawyer

  FOR IMMEDIATE RELEASE

 United States Citizen and Immigration Services said on his website "Each year 10,000 visas are available for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities to investigate or prosecute those crimes. The U-Visa requires certification of assistance from law enforcement.

 The U-Visa program was created by Congress to strengthen the law enforcement community is ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes while offering protection to victims. More than 76,000 victims and their family members have received U-visa since the program was implemented.

 USCIS will continue to accept U-Visa petitions and process them in order in which they are received. USCIS will resume issuing U Visa on October 1, 2013, the first day of fiscal year 2014 and is when visas will be available again." See www.uscis.gov

 For information on U-Visa, please give us a call at (212)564-1589 or visit our website at www.lawschell.com

August 28, 2013

FACILITATING PARENTAL INTERESTS IN THE COURSE OF CIVIL IMMIGRATION ENFORCEMENT

Posted by NYC Immigration Lawyer Norka M. Schell
Law Offices of Norka M. Schell, LLC
Tel. (212) 564-1589
Website: www.lawschell.com


A removal proceeding is an immigration court hearing to determine whether a non-citizen will be removed from the United States. Under the immigration laws, all persons who are not citizens of the United States may be removed from this country if she falls within one of the grounds of inadmissibility or deportability contained in the Immigration and Nationality Act. Even lawful permanent residents may lose their residency status and be removed from the United States if they violate certain immigration law provisions. 

On August 23, 2013, the Obama Administration issued an administrative Directive for the U.S. Immigration and Customs Enforcement (ICE) officers which will facilitate parental interests in the course of civil immigration enforcement activities. 

The Directive establishes ICE policy and procedures to address the placement, monitoring, accommodations, and removal of certain alien parents. The Directive is particularly concerned with the placement, monitoring, accommodation, and removal of alien parents or legal guardians who are: 

1. primary caretakers of minor children without regard to the dependent's citizenship;

2. parent and legal guardians who have a direct interest in family court involving a minor or child welfare proceedings in the United States; and 

3. parents or legal guardians whose minor children are U.S. citizens or lawful permanent residents. 

The Directive is intended to complement the immigration enforcement priorities and prosecutorial discretion previously issued, as well as other related detention standards and policies that govern the intake, detention, and removal of alien parents. The security and safety of any ICE employee, detainee, ICE detention staff or member of the public will be paramount in the exercise of the procedures and requirements of this Directive. 

ICE personnel is advised to ensure that the agency's immigration enforcement activities do not unnecessarily disrupt the parent rights of both alien parents or legal guardians of minor children. Particular attention should be paid to immigration enforcement activities involving: 

1. parents or legal guardians who are primary caretakers; 

2. parents or legal guardians who have a direct interest in family court or child welfare proceedings;

3. parents or legal guardians whose minor children are physically present in the United States and are U.S. citizens or lawful permanent residents.  

ICE will maintain a comprehensive process for identifying, placing, monitoring, accommodating, and removing alien parents or legal guardians of minor children while safeguarding their parental rights.

The Field Office Directors (FODs) is specifically advised to continue to weigh whether an exercise of prosecutorial discretion may be warranted for a given alien and shall consider all relevant factors in this determination, including whether the alien is a parent or legal guardian of a U.S. citizen or lawful permanent resident minor, or is a primary caretaker of a minor.  While the FODs may exercise prosecutorial discretion at any stage of an enforcement proceeding, it is general preferable to exercise such discretion as early in the case or proceeding as possible. 

The identification whether an alien is a parent or legal guardian may be sought at any time during the alien's arrest, processing or identification. If an alien is found to be a parent or legal guardian of a U.S. citizen or legal permanent resident minor, or a primary caretaker of a minor, the FODs should reevaluate any custody determination for the alien to the extent permitted by the law in accordance with the existing ICE policy. 

This Directive could help help the thousands of children of undocumented immigrants who are in adult detention facilities while their parents undergo deportation proceedings. 

If you are facing removal proceedings and would like to consult with us about your relief from removal or any immigration matter, please call our Manhattan immigration office at (212) 564-1589 to schedule you personal consultation with our Immigration Lawyers.




August 14, 2013

VISA BULLETIN FOR SEPTEMBER 2013

Posted by NYC Business Immigration Lawyer Norka M. Schell
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com


FAMILY-BASED PREFERENCES

Family-SponsoredAll Charge-ability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
F115SEP0615SEP0615SEP0608SEP9308MAY01
F2A
C
C
C
C
C
F2B15FEB0615FEB0615FEB0622FEB9422JAN03
F322JAN0322JAN0322JAN0315MAY9322DEC92
F422JUL0122JUL0122JUL0108OCT9615FEB90



EMPLOYMENT-BASED PREFERENCES

Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1st
C
C
C
C
C
2nd
C
08AUG0815JUN08
C
C
3rd01JUL1001JUL1022SEP0301JUL1001DEC06
Other Workers01JUL1015JUN0422SEP0301JUL1001DEC06
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
Employment
Areas/
Regional Centers and Pilot Programs
C
C
C
C
C

August 8, 2013

Form I-9, Employment Eligibility Verification

Posted by NYC Immigration Business Attorney Norka M. Schell
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com

USCIS Seeks Volunteers for Enhanced Form I-9 Study U.S. Citizenship and Immigration Services sent this bulletin: "U.S. Citizenship and Immigration Services (USCIS) has been developing a new version of the Form I-9, Employment Eligibility Verification, that contains enhancements designed to assist employers in complying with the law and reducing errors employers and employees commonly make when completing Form I-9.

Before we propose the enhanced form and invite public comment on the proposal as mandated under the Paperwork Reduction Act, USCIS is seeking nine employers from the public to volunteer to assist in a study to determine how much time it takes employers to complete an enhanced version of Form I-9 that USCIS is developing. The study will be administered at USCIS offices in Washington, D.C., on September 3, 2013; September 5, 2013; or September 6, 2013 between the hours of 8 a.m. and 5 p.m. Administration of the study will be no more than 1.5 hours. USCIS will not provide any compensation to reimburse participants for any expenses, including time or travel. All interested employers, large and small, are invited to submit a request to volunteer to participate in the study. USCIS will randomly select four large employers and five small employers from all submissions received by the deadline of August 15, 2013. Multiple submissions by the same employer will not be included in the random selection process. USCIS will contact the Point of Contact provided on the volunteer request submission of selected employers by August 23, 2013 to schedule an appointment to participate in the study. The Point of Contact provided by the employer must be an individual who will represent the employer at the study. At the study, the individual will be requested to play the role of an employer completing Section 2 and/or Section 3 of the Form I-9.

Employers interested in participating in the study may submit a request to volunteer by e-mailing the following information to I-9Central@dhs.gov by August 15, 2013 with “Enhanced Form I-9 Study” in the subject line: Name of Company:

Address of Company: Is your company/entity considered “small” under SBA guidelines? (Yes) (No) Point of Contact: Telephone Number of Point of Contact
E-mail Address of Point of Contact:
Availability: (September 3) September 5) (September 6) deal Time Availability: (Morning) (Afternoon)

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August 5, 2013

IMMIGRATION AND POLICY & NYC BUSINESS IMMIGRATION LAWYER: Travis John Guth v. Kaiser Permanente Hawaii

IMMIGRATION AND POLICY & NYC BUSINESS IMMIGRATION LAWYER: Travis John Guth v. Kaiser Permanente Hawaii: Posted by NYC Attorney Norka M. Schell Law Offices of Norka M. Schell, LLC www.lawschell.com   Travis John Guth is a U.S. lawful...

Travis John Guth v. Kaiser Permanente Hawaii

Posted by NYC Attorney Norka M. Schell
Law Offices of Norka M. Schell, LLC

Travis John Guth is a U.S. lawful permanent resident (LPR). He filed a complaint against Kaiser Permanente Hawaii, a California health maintenance organization (“Organization”) doing business in several states, including Hawaii.  Mr. Guth alleged that Organization discriminated against him by firing him because of his citizenship status and national origin and that Organization engaged in document abuse.

Mr. Guth was hired on or about January 12, 2010. He presented a driver's license and social security card in connection with his I-9 on which he indicated to Organization that he was a U.S. citizen. On or about March 23, 2011, Mr. Guth filed a charge with the OSC. He also filed a charge with the Equal Employment Opportunity Commission (EEOC). The OSC sent him a determination letter dated August 3, 2011, authorizing him to file a complaint with OCAHO, which he did on October 20, 2011.

OCAHO Administrative Law Judge (ALJ) Ellen K. Thomas first dismissed the national origin charge, noting that Mr. Guth acknowledged that Organization has more than 15 employees and pointing out that by statute a national origin discrimination complaint against an employer with 15 or more employees is outside OCAHO jurisdiction. Rather, INA § 274B(a)(2)(B) provides that the INA's prohibition of national origin discrimination does not apply in cases covered under § 703 of the Civil Rights Act of 1964,  42 USCA 2000e-2 (2006) (Title VII), and these claims must be directed to the EEOC. ALJ Thomas then dismissed the citizenship charge because an action for citizenship status discrimination under § 274B may only be maintained by a protected individual, which Mr. Guth is not.  INA § 274B(a)(3)(B) provides that an LPR may be a “protected individual” but not if he or she fails to apply for naturalization within six months of becoming eligible or, after applying on a timely basis, fails to naturalize within two years after the date of application (with exceptions not applicable to this matter). Since Mr. Guth's complaint asserted that he became an LPR on September 14, 1979, and that he became eligible to apply for naturalization on May 27, 1984, but he did not apply until December 15, 1996, and he apparently never naturalized, he was not a protected individual within the meaning of INA § 274B(a)(3) at the time of the alleged discrimination, and he therefore lacked standing to maintain the claim before OCAHO.

Thus, the only claim that OCAHO could consider was the claim of document abuse. This claim was dismissed for lack of merit.

ALJ observed that Organization in its motion for summary decision or dismissal asserted that, as a federal contractor, it was obligated to participate in E-Verify and, in a human resources (HR) representative's declaration accompanying that motion, that Mr. Guth's information was first put through E-Verify on May 31, 2010, as part of a bulk upload of I-9s, and that Organization received a tentative non-confirmation (TNC) because of a conflict about his citizenship status.

In the Section 1 of his I-9, Mr. Guth stated that he was a U.S. citizen, but other records could not confirm that. An HR representative met with Mr. Guth on November 15, 2010, at which time he continued to insist that he was a U.S. citizen but denied that he ever had a permanent resident alien card or a certificate of naturalization, so his information was resubmitted to E-Verify, and another TNC was received.  Mr. Guth was then referred to the Social Security Administration (SSA). On November 22, 2010, Organization received a final non-confirmation (FNC) notice, and Mr. Guth was notified of this FNC, at which time, the HR representative again inquired about a permanent resident alien card or a certificate of naturalization. This time Mr. Guth said that he had a permanent resident alien card but that he did not have it with him. Mr. Guth was advised that the Department of Homeland Security (DHS) might be able to help him, and the HR representative spoke to DHS, which advised Organization to close the case and start a new E-Verify request. Mr. Guth then presented an alien resident card, a foreign birth certificate, and adoption papers, but the alien card did not have Mr. Guth's name on it; rather, it was in the name of another person, “Ruiz Arevalo, Walter Orlando.” The HR representative could not submit the case to E-Verify for that reason. The declaration of Organization's manager of employee and labor relations in Honolulu, Hawaii, stated that she was informed of the FNC on or about December 3, 2010, and she then informed Mr. Guth that his employment was being terminated. That declaration also stated that no employee who receives a FNC from E-Verify is retained by Organization.

Mr. Guth in response asserted that an E-Verify error was the motivating factor in his termination, but, in the words of ALJ, “wholly missing ... [was] any evidence that could support any inference that Organization intended to discriminate against Mr. Guth on any prohibited basis”; rather, she said, it appeared that Organization wanted to keep Mr. Guth as an employee but was unable to do so.  Moreover, she said, even assuming argued that Mr. Guth could present a prima facie case, Organization proffered a legitimate nondiscriminatory reason for terminating him--it was required to do so after receiving a FNC from E-Verify and had no choice in the matter. She pointed out too that what Mr. Guth characterized as an E-Verify error was in fact his own error--he checked the box stating that he was a U.S. citizen when in fact he was not, and E-Verify could not reconcile this claim with other records because Mr. Guth did not indicate his correct status as a LPR. Accordingly, the complaint was dismissed.

July 23, 2013

IMMIGRATION AND POLICY: E-VERIFY NEWS

IMMIGRATION AND POLICY: E-VERIFY NEWS: E-VERIFY NYC BUSINESS LAWYER On July 1, 2013, E-Verify announced a new customer service enhancement that will allow email notifications to...

E-VERIFY NEWS

E-VERIFY NYC BUSINESS LAWYER

On July 1, 2013, E-Verify announced a new customer service enhancement that will allow email notifications to Employees of a TNC (Employee Tentative Nonconfirmation) at the same time E-Verify notifies the Employer. If a TNC is received, employees who have provided their email address will be directly notified of the TNC. 

Employers will notice a new data filed in E-Verify asking for the Employee's email address. When the Employee provides an email address on Form I-9, Employers must enter it into E-Verify. The new email notification process does not replace the current TNC process. Employers are still required to notify Employees of TNCs and their right to contest. 

July 18, 2013

IMMIGRATION AND POLICY: Matter of Oleg B. ZELENIAK

IMMIGRATION AND POLICY: Matter of Oleg B. ZELENIAK: Posted by: NYC-Business-Immigration-Lawyer Norka Sschell  Law Offices of Norka M. Schell Tel: (212)564-1589 Matter of Zeleniak, 26 I&amp...

Matter of Oleg B. ZELENIAK

Posted by: NYC-Business-Immigration-Lawyer Norka Sschell 
Law Offices of Norka M. Schell
Tel: (212)564-1589

Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013)

Section 3 of the Defense of Marriage Act (DOMA), Pub. L. No. 104, 199, 110 Stat. 2419, 2419 (1996), is no longer an impediment to the recognition of lawful same-sex marriage and spouse under the Immigration and Nationality Act if the marriage is valid undr the laws of State where it was celebrated.

July 17, 2013

VISA BULLETIN FOR AUGUST 2013


FAMILY-SPONSORED PREFERENCES
 
Family-Sponsored All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01SEP06 01SEP06 01SEP06 01SEP93 01JAN01
F2A C C C C C
F2B 01DEC05 01DEC05 01DEC05 01FEB94 22DEC02
F3 08DEC02 08DEC02 08DEC02 01MAY93 01DEC92
F4 22JUN01 22JUN01 22JUN01 22SEP96 08JAN90
 
EMPLOYMENT-BASED PREFERENCES
 
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08AUG08 01JAN08 C C
3rd 01JAN09 01JAN09 22JAN03 01JAN09 22OCT06
Other Workers 01JAN09 22MAR04 22JAN03 01JAN09 22OCT06
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers and Pilot Programs
C C C C C
          

July 3, 2013

IMMIGRATION AND POLICY: JULY 2013 VISA BULLETIN

IMMIGRATION AND POLICY: JULY 2013 VISA BULLETIN: Posted by NYC Immigration Business Lawyer Norka M. Schell Law Offices of Norka M. Schell LLC                                 FAMILY-B...

JULY 2013 VISA BULLETIN

Posted by NYC Immigration Business Lawyer Norka M. Schell
Law Offices of Norka M. Schell LLC
                               
FAMILY-BASED PREFERENCES

Family-SponsoredAll Charge-ability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
F101JUN0601JUN0601JUN0622AUG9301JUL00
F2A08OCT1108OCT1108OCT1101SEP1108OCT11
F2B01NOV0501NOV0501NOV0501NOV9322DEC02
F301OCT0201OCT0201OCT0222APR9322NOV92
F422MAY0122MAY0122MAY0122SEP9615DEC89
       

EMPLOYMENT-BASED PREFERENCES

Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC08AUG0801SEP04CC
3rd01JAN0901JAN0922JAN0301JAN0901OCT06
Other Workers01JAN0922MAR0422JAN0301JAN0901OCT06
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers and Pilot Programs
CCCCC
          
 For more information about immigration visas, please contact our office at (212) 564-1589 or visit our website at www.lawschell.com

IMMIGRATION AND POLICY: Justice Department Settles Immigration-related Dis...

IMMIGRATION AND POLICY: Justice Department Settles Immigration-related Dis...: FOR IMMEDIATE RELEASE Wesdnesday, July 3, 2013 Justice Department Settles Immigration-related Discrimination Claim Against A...

Justice Department Settles Immigration-related Discrimination Claim


FOR IMMEDIATE RELEASE
Wesdnesday, July 3, 2013

Justice Department Settles Immigration-related Discrimination Claim Against Alabama Employment Agency

The Justice Department today reached an agreement with Stellar Staffing LLC, based in Birmingham, Ala., resolving claims that the employment agency violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

The  department’s independent investigation was initiated based on evidence uncovered during the investigation of a related retaliation charge filed against Stellar Staffing.  The department’s investigation concluded that since at least July 2008, the company required specific documents issued by the Department of Homeland Security from non-U.S. citizens during the employment eligibility verification process, but accepted a variety of identity and work authorization documentation from U.S. citizens.

Under the terms of the settlement agreement, Stellar Staffing will pay $2,250 in civil penalties to the United States, undergo Justice Department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of one year.  

“The anti-discrimination provision protects work-authorized individuals from being treated differently in the hiring process based on discriminatory assumptions about their status,” said Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division.  “The Civil Rights Division is fully committed to vigorously enforcing the law.”


June 27, 2013

DOMA DECISION A WIN FOR LGBT IMMIGRATION RIGHTS

Posted by NYC Immigration Attorney Norka M. Schell

Days before the Senate is expected to pass a sweeping immigration reform bill, bi-national same-sex married couples have cause to celebrate after the Supreme Court’s decision striking down the Defense of Marriage Act appeared to offer them equal treatment under U.S. immigration law.
Before today’s decision, an American was prohibited under DOMA from sponsoring a same-sex foreign national spouse for a green card. Practically, that meant that an American who married someone of the same sex from a different country was unable to bring their spouse to live legally in the United States as a heterosexual married person could.
But the court’s decision to strike down DOMA means those marriages must be recognized for immigration purposes, a relief for some backers of the comprehensive immigration reform bill --  which does not include language addressing immigration rights for same-sex couples despite heavy lobbying from LGBT groups.
In a statement Wednesday, Department of Homeland Security Janet Napolitano pledged to ensure that the ruling extends in practice to same-sex binational couples. 
"Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws," she said. 
LGBT rights groups had vowed to keep pushing for the inclusion of the language on the Senate floor if DOMA was upheld, pressure that could have frayed the delicate bipartisan coalition that has shepherded the immigration legislation through the Senate.
One of those groups' Senate champions, Sen. Patrick Leahy, D-Vt., confirmed Wednesday that he would not seek a floor vote on his amendment to the Senate immigration bill that would have recognized the marriages of same-sex couples under immigration law. 
A visibly emotional Leahy withheld that amendment during his panel’s mark-up of the immigration bill in May, citing GOP threats to spike the overall legislation if the measure was included.
“I do not believe we should ask Americans to choose between the love of their life and love of their country,” Leahy said at the time. “Discriminating against a segment of Americans because of who they love is a travesty and it is ripping many American families apart.”
During the June debate over the bill, key Republicans have continued to call the Leahy language a poison pill. 
“If this bill has in it something that gives gay couples immigration rights and so forth, it kills the bill. I'm done,” Sen. Marco Rubio of Florida, a key GOP supporter of the bill, said earlier this month.  Author of this article, Carrie Dann, NBC News.


June 21, 2013

Senate Immigration Bill, S.744 Will Reduce the Federal Debt

Washington D. C. -  The Congressional Budget Office (CBO) and Joint Committee on Taxation issued two reports this week on the Senate Immigration Bill, S. 744. The first one analyzes (or “scores”) the fiscal impact of the bill over the next 20 years and the second one focuses on the impact some aspects of the bill would have on the U.S. economy. According to these reports, the expected fiscal and economic effects of the bill are overwhelmingly positive. All in all, S. 744 will help reduce the federal budget deficit by $1.1 trillion over 20 years, will boost the economy, and will not negatively affect U.S. workers. The Immigration Policy Center has produced a fact sheet that highlights the expected benefits of the bill on the U.S. budget, economy, and workforce.  http://www.cbo.gov/sites/default/files/cbofiles/attachments/s744.pdf


June 12, 2013

Legalization Provision of the Senate Bill

Amendment Analysis Alert
Grassley Amendment No. 1195

Posted by NY Immigration Lawyer Norka M. Schell
Author:  Immigration Policy Center

June 12, 2013

The question of whether the legalization provisions of the Senate bill should be linked to border security provisions of the bill will be a recurring theme in the debate of S.744.  The first test of this question will come today, when the Senate will consider Grassley Amendment No. 1195 to S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act.

What the amendment says: “On page 855, strike line 24 and all that follows through page 856, line 9, and insert the following: (1) PROCESSING OF APPLICATIONS FOR REGISTERED PROVISIONAL IMMIGRANT STATUS.--Not earlier than the date upon which the Secretary has submitted to Congress a certification that the Secretary has maintained effective control of the Southern border for a period of not less 6 months, the Secretary may commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act.”

What the amendment does: The amendment would delay the processing of the 11 million undocumented immigrants in the U.S. into Registered Provisional Immigrant (RPI) status until the Secretary of Homeland Security has maintained “effective control of the Southern border for at least 6 months.” This changes the bill’s original intention of beginning the RPI registration process immediately.

What is the impact on immigration reform? Grassley Amendment No. 1195 is a continuation of the “enforcement first” strategy that has been employed over the past two decades. The reason for creating a comprehensive bill is the recognition that successful immigration policy requires all of the components of reform to work in tandem, not one after the other, but all together at the same time. Creating a system in which the undocumented living in this U.S. have to wait additional months or years after bill passage to get onto the books and into a legal status, will effectively require the continuation of the status quo.  The idea of this bill is not to maintain the status quo, (which is understood by everyone involved to be unacceptable) but to begin the process of securing the border and regularizing the status of 11 million undocumented immigrants at the same time.

June 11, 2013

IMMIGRATION AND POLICY: Visa Bulletin For June 2013

IMMIGRATION AND POLICY: Visa Bulletin For June 2013: VISA BULLETIN UPDATE FAMILY-BASED PREFERENCES FOR THE MONTH OF JUNE 2013 Family-Sponsored All Charge-ability Areas Except Those Listed CHI...

Visa Bulletin For June 2013

VISA BULLETIN UPDATE


FAMILY-BASED PREFERENCES FOR THE MONTH OF JUNE 2013
Family-SponsoredAll Charge-ability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
F122APR0622APR0622APR0615AUG9301JAN00
F2A08JUN1108JUN1108JUN1108MAY1108JUN11
F2B08JUL0508JUL0508JUL0515JUN9301NOV02
F301SEP0201SEP0201SEP0208APR9315NOV92
F401MAY0101MAY0101MAY0115SEP9608NOV89
  

       
EMPLOYMENT-BASED PREFERENCES FOR THE MONTH OF JUNE 2013
Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC15JUL0801SEP04CC
3rd01SEP0801SEP0808JAN0301SEP0822SEP06
Other Workers01SEP0822OCT0308JAN0301SEP0822SEP06
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers and Pilot Programs
CCCCC
          

May 31, 2013

IMMIGRATION AND POLICY: SENATE CIR BILL S. 744 PASSED BY BIPARTISAN VOTE O...

IMMIGRATION AND POLICY: SENATE CIR BILL S. 744 PASSED BY BIPARTISAN VOTE O...: On 5/21/13 the Senate Judiciary Committee wrapped up weeks of work on immigration reform by passing the Bill S.744 the "Border Security...

SENATE CIR BILL S. 744 PASSED BY BIPARTISAN VOTE OF 13 TO 5

On 5/21/13 the Senate Judiciary Committee wrapped up weeks of work on immigration reform by passing the Bill S.744 the "Border Security Economic Opportunity, and Immigration Modernization Act" out of committee by bipartisan vote of 13 to 5. 

The committee considered 31 amendments, 16 of which passed (the majority on voice votes). Many of the most controversial amendments were debated (none of which passed) including: denying citizenship to anyone who had ever been in the country illegally, providing immigration benefits to same sex couples, making siblings and adult sons/daughters over the age of 31 eligible in the family category, and making RPI recipients ineligible for tax benefits such as the EITC and CTC. 

The following is a transcript of the May 21, 2013 meeting. 


MAKEUP BEGINS

10:43 am Sen. Leahy: No opening statement.

Sen. Grassley: I have several questions, but am only going to ask one on health care. I think the bill rightly prohibits legalized individuals from accessing health credits to buy health care, but along with it, comes with the notion that employers can skirt penalties if they don't cover these individuals. How would the bill ensure that those who are legalized don't get public benefits, but don't disincentivize employers to displace or give secondary preference to Americans

Sen. Durbin: Under this bill, there is an ambiguity. These RPU workers will not be entitled to the subsidy to the health reform act. It's my understanding that they can purchase it without subsidy. You've asked the right question, what impact does that have on their employer? I will concede that this is an issue that is not totally resolved.

Sen. Grassley: When you say it's unresolved at this point, is that something you're continuing to work on it and will be resolved before the bill is complete or that can't be even be handled.


Sen. Durbin: I understand it's a finance committee jurisdiction issue.


Sen. Leahy: Sen. Grassley and I talked yesterday, and we're going to keep going as there is a possibility that we can finish today.
Amendment Blumental 15 is up for consideration. The amendment would move the physical presence date to April 17, 2013.

Sen. Blumenthal: I'm not going to ask for a vote on it. The date in the bill now, December 31, 2011, is now an arbitrary cutoff. But the effect is that 400,000 will be barred from walking that path to citizenship. Those 400,000 or so people will in effect be in the same status, in the shadows, of the people that we're now trying to bring out.
Amendment Blumenthal 15 is withdrawn.is up for consideration. The amendment would restrict eligibility for the Child Tax Credit.

Sen. Durbin: The Senator made an important point. This does not apply to the 11 million, because they will receive Social Security numbers. Yes, let's address fraud, and the Finance committee should, but this bill.

Sen. Sessions: What's happening is that a person's filing under a false Social Security name, and IRS assigns them an ITIN and files their return. It's clearly a policy that's allowing illegal aliens in our country to get federal checks. Surely we can agree that after this bill passes, we shouldn't continue the policy of sending government benefits to people who are entering illegally in the future.

Sen. Leahy: We have at so many times taken steps that would harm children. And I'm not about to take a step to harm children. This would harm numerous U.S. citizen children. We're all against the idea of fraud, but this seems like an additional punitive measure that will harm a lot of low-wage worker families and their children. I know so many extraordinary hard-working people in my small state. I'm just not going to vote for something that has the implication that they are just here to break the law.


Sen. Sessions: I appreciate the Chairman's concern for children, but I would like to emphasize that this amendment would prohibit the plain rewarding of government benefits to those who come here illegally.


Sen. Durbin: Would the Senator concede that there are three categories of workers: Those who are here legally with Social Security number, those who have declared themselves with ITIN number and are paying taxes, and those who are perhaps working under someone's else's SSN. The Senator has targeted the second group when the focus should be on the third.

Amendment Sessions 30 fails on a vote of 8-10.
Amendment Hirono 20 is up for the consideration. The amendment would require DHS to collect demographic data from RPI applicants. Modified by 2nd degree.
Amendment Hirono 20 passes by a voice vote.

Amendment Grassley 17 is up for the consideration. The amendment eliminates judicial review for revocations and denials of RPI applications, except on challenges to the constitutionality of the legalization provisions.

Sen. Durbin: We acknowledge that the balances in our three branches of government has kept us democratic. If you're to take away this review, you're giving a bureaucrat the opportunity to make decisions with any review. Sen. Schumer: This goes overboard. The incentive to file frivolous claims is small because the individual has no right to stay in the United States pending the court's decision unless you can show that the claim is not frivolous.
Amendment Grassley 17 fails on a vote of 6-12.
Amendment Feinstein 13 is up for the consideration. The amendment expands the grant program in the bill to include individuals in blue card status. Modified by 2nd degree. Feinstein 2nd degree restores to the bill the power of the Consular official to deny a visa.
Amendment Feinstein 13 passes on a voice vote.
Amendment Cornyn 4 is up for consideration. Modified by 2nd degree. The amendment would require DHS to identify victims of each criminal offense by waiver-eligible RPI applicants and to consult with victims to determine whether applicants should be granted a waiver. 2nd degree clarifies that DHS should work with prosecution agencies and that the victims would not suffer adverse immigration consequences.

Sen. Klobuchar: I appreciate the changes that have been made, and I support this amendment.

Sen. Leahy: I understand that we're changing the victim notification period from 90 to 60 days. And that victim cannot be found or does not respond, DHS can proceed.


Sen. Cornyn: The chairman is correct.


Sen. Durbin: I think the modifications really improve this amendment.

Amendment Cornyn 4 passes on a voice vote.
Amendment Cornyn 5 is up for consideration. The amendment expands the situations in which the Secretary is required to disclose information provided on RPI, RPI-adjustment, blue card, DREAMer-adjustment, ag worker- adjustment applications.

Sen. Cornyn: If it's good for victims of crime, why is it not good for illegal immigrants? It would not prohibit individuals from coming forward. The application would have been denied. The amendment would also clarify that the State department can share visa records with other countries on a case-by-case basis.

Sen. Leahy: I'm concerned about a chilling effect.


Sen. Cornyn: The confidentiality would be removed only if the application is denied and all appeals are finished.


Sen. Durbin: You have made your argument based on law enforcement and national security, but i think you amendment goes further. Because it also authorizes civil actions. Are you opening up civil and criminal actions to past employers?


Sen. Cornyn: I believe not.

Amendment Cornyn 5 fails on a vote of 9-9.
Amendment Lee 10 is up for consideration. The amendment defines requirements for establishing compliance with federal tax obligations. The individual must prove compliance by a preponderance of the evidence.
Sen. Leahy: I have a concern that this is really in the jurisdiction of the Finance Committee.

Sen. Schumer: I understand where Sen. Lee is getting at, and I believe Sen. Hatch on the Finance Committee has some ideas, too. We understand that living in the shadows mean not keeping any records. But, we do have another goal here. The goal is to set things right by allowing those in the shadows to come out and to prevent new individuals from come in. As rigid as this amendment is, it would delay and prevent many many people from coming out of the shadows.


Sen. Lee: I'm not understanding what is so rigid about this.


Sen. Schumer: Let's say you have someone who has been working at paying taxes for 12 years. Working for different employers, and can't remember. What do you do?


Sen. Lee: There's nothing particular rigid of this. I understand the concern and I'd be happy to submit this for a voice vote.


Sen. Sessions: it seems to be me you're not requiring the government to investigate everyone. It's if you've been assessed a fine payment by IRS. Maybe they are investigating now.


Amendment Lee 10 fails by a voice vote.

Amendment Lee 8 is up for consideration. The amendment would prohibit aliens who have absconded or have attempted to reenter from receiving RPI status.
Amendment Lee 8 fails by a voice vote.
Amendment Lee 12 is up for consideration. The amendment prohibits the use of sworn affidavits to verify the employment or education of RPIs applying for permanent residence.

Sen. Lee: The RPIs would have work authorization and they should have documentation for the duration of their RPI status.

Sen. Grassley: this amendment ought to be adopted so that we don't repeat the mistakes of 1986.


Sen. Durbin: This is how we learned the lesson from 1986. These affidavits must come from non-relatives who have direct knowledge. If sworn affidavits are used, one more document must be used to support.


Sen. Sessions: Disclosure rules, let's say someone submits a false affidavit, are they free to report to ICE agents?


Sen. Durbin: I don't believe there is any prohibition from that happening.

Amendment Lee 12 fails by a voice vote.

Sen. Leahy: We have five amendments left for Subtitle A, 28 for the rest of the bill. We will continue back here at 2:30.

2:39 pm Sen. Grassley: Senator Lee had an amendment that we defeated. And it was whether we had learned any lessons from 1986. Right before we broke for lunch, we had a vote on Lee 12 (prohibiting use of sworn affidavits) that concerns me that we're repeating those mistakes.
Amendment Cruz 3 is up for consideration. The amendment would remove the path of citizenship for anyone who has ever been "willfully" present in the U.S. unlawfully. Modified by 2nd degree which adds a savings clause that it would not impact those granted asylum.

Sen. Cruz: If legislation that includes a path to citizenship passes, like it did in 1986, I have little doubt that we will be back here in 20-30 years with not just 11 million, but 20-30 million. We need a solution that respect the rule of law and ensures that there are meaningful consequences to breaking the law. If this amendment is adopted to the current bill, the effect will be that those 11 million will still be eligible for RPI status, for legal status, and for LPR status, and would be out of the shadows. This amendment would allow that to happen. It would remove the path of citizenship that shows there are real consequence that respect the rule of law and treat legal immigrants with the fairness they deserve. I want immigration reform to pass, so if the objective is the pass common sense immigration reform, then we should look for areas of bipartisan agreement to come together. and if this amendment pass, the chances of this bill becoming law would be greater.

Sen. Leahy: My concern with this is that it would gut the bill. It gives a false promise of citizenship on the one hand, and then takes it back for the vast majority of the 11 million who would not qualify.


Sen. Schumer: I think this shows the distance some of us are apart. If we don't have a path to citizenship, there is no reform, is how some of us feel. To go to a European system where people can work but never can become a citizen fosters alienation. This amendment goes against everything America stands for. Two classes of Americans, no.


Sen. Flake: We don't want to have millions of people who want to become citizens, but never can. We don't want that. It's important people aspire to that. We don't want a second citizen or communities of them. Not everyone would seek. In 1986, only about 40% of those offered a path to citizenship took it. And a significant number of individuals under this bill will also choose not to take it. But for those who really want it, who want to earn it, they ought to have that opportunity.


Sen. Lee: Out of fairness of those who have tried to play by the rules, it makes sense to give an additional benefit.


Sen. Blumenthal: I think there are other ways to avoid the negative consequences, stronger enforcement of other features of this bill that is designed to prevent those negative consequences. This amendment goes to the very core of the values and traditions of America. The reason people want to come here is that we are a beacon of liberty. We would be diminished as a people by second-class citizenship, actually it would be less than second-class citizenship. It would be two tiers of residency.


Sen. Sessions: With regard to the European situation, it is instructive. Europe, however, does not provide that children can attain citizenship. That is not what would happen here if citizenship was not provided to those who came illegally.


Sen. Cruz: In my opinion, the current bill does not fix the problem. It may incentivize further illegal immigration, further exploitation. I think anyone can have an opportunity to become a citizen, if you come legally. And one way to do that is to expand legal immigration. Tying immigration reform hostage to a path to citizenship is not a strategy to passing a bill.


Amendment Cruz 3 fails by a vote of 5-13.
Amendment Cruz 2 is up for consideration. The amendment prohibits all aliens who entered or remained in the U.S. while not in lawful status from being eligible for federal, state, or local government means-tested benefit or under Affordable Care Act.

Sen. Durbin: This amendment says ok, if you become citizens, under no means would we provide any help. What kind of America are you thinking about? That we would have millions of citizens that couldn't have help with their children's education, or to provide basic health care. I don't think that's an America I want to be a part of.

Sen. Sessions: This is consistent to the Sponsors' intention that those legalized would not be eligible for benefits for 13 years.


Sen. Cruz: I would note that two of the amendments I offered is to expand legal immigration. This is an issue that is near and dear to many of us, and personal to many of us. The purpose of the amendments I have offered here are to fix the problem. To leave 11 million in the shadows if there is no path to citizenship is the less compassionate decision.


Amendment Cruz 2 fails on a vote of 6-12.

Amendment Flake 4 is up for consideration. The amendment clarifies that individuals in RPI status is not eligible for any federal means-tested benefits and would revoke status for those convicted of fraudulently claiming or receiving such a benefit. It would also require DHS Secretary to conduct audits.

Sen. Grassley: I just want to raise a question. Between now and the floor, I think it would be a better thing if it was someone other than the Secretary doing the auditing, and I would suggest the Inspector General.
Amendment Flake 4 passes on a voice vote.
Amendment Flake 3 is up for consideration. The amendment requires that RPIs undergo background checks at the time of renewal of RPI status.
Modified by two 2nd degrees (Flake-2nd degree; Schumer 2nd degree).


Sen. Grassley: I read Sen. Flake's amendment as an improvement. But as with Sen. Schumer's 2nd degree, I see it as going back to the way it was.

Sen. Feinstein: What is the innocent in "brief, casual, and innocent"?


Sen. Flake: What we don't want is someone who leaves the country to violate their RPI status.


Sen. Flake: It's a term of art in immigration law.


Sen. Schumer: It is used in current law frequently, it just means it's brief.


Sen. Flake: It's part of the Fleuti doctrine.


Sen. Sessions: The 6-year review, as I understand it, the RPI is to have a job, be a full-time student, or… If they don't meet the standards, will they be deported?


Sen. Schumer: Yes, if they don't meet the standards, they can be deported.


Sen. Sessions: Can be, should be, Are we going to deport the people.


Sen. Schumer: Remember, we're going to be under a new system. Right now, they're here, they can get a job. If you apply the existing world, obviously it doesn't make sense. If you apply the world that we're trying to make in the next 6 years, it make sense.


Sen. Sessions: I'm nots seeing a commitment to see it enforced.


Sen. Flake: This year, we had about 400,000 deportations, so it is happening. Certainly, with this new legislation, they will be identifiable, they won't be able to gain employment with mandatory E-Verify. Deportations can occur, they will occur, with this new legislation, more easily.

Amendment Flake 3 passes by a voice vote.
Amendment Hatch 10 is up for consideration. Modified by 2nd degree Hatch-Schumer amendment that consolidates Hatch 10-17 and 20.

Sen Leahy: We'll have a vote on the 2nd degree to accept it and open it up for 2nd degree amendments to it.

Hach-Schumer 2nd degree amendment is up for consideration, to be accepted as substitute to be considered.

Hatch-Schumer 2nd degree amendment passes 16-2.

Sen. Schumer: We make it easier for multi-national companies to transfer employees. We make sure that if there is an American worker that they get the job, but we also make sure that if the American worker doesn't fit the job, that the foreign worker can get the job, instead of now when companies relocate.

Sen. Grassley: The amendment allows the escalator cap to be fluctuated. The amendment does nothing to help unemployed American workers.


Sen. Leahy: There is a floor vote. I encourage everyone to come back. We will go late tonight. Moderately good pizza has been ordered.

Sen. Durbin: When you take a look at the underlying bill, and the amendment from Hatch and Schumer, it makes an effort toward what Senator Grassley and I have done in our bill. First, companies will be required to recruit American workers. On H-1B dependent companies, if we feel that you hare hiring American workers 85% of the time, we're going to treat you differently, but if you have a firm with more than 15% foreign workers, you will have additional requirements to recruit American workers. Most of us think of H-1Bs as high-tech companies hiring engineers. Most of the H-1Bs were outsourcing firms, where they aren't hiring engineers to be engineers, but hiring engineers to placed in firms temporarily. And it deals with that. I would've liked to have seen a different amendment, but this is a dramatic improvement to current law.

Sen. Graham: The most important thing is that you've (Sen. Hatch) made the bill better. I can say without any hesitation that the opportunity of American workers being hired in these sectors is going up because of this. We went too far, Senator Hatch brought us back. We made it too hard on the companies and too much power on the bureaucracy. What you've done, Senator Hatch, to this bill is to make it functional.


First Grassley amendment to the Hatch-Schumer is up for consideration.

Sen. Grassley: This amendment would require all employers to attest that they made a good faith effort in recruiting American workers. My amendment strikes down the watered-down language in the Hatch amendment. My amendment would subject all employers to the higher standard.

Sen. Sessions: I believe prudence would tell us to be careful as we go forward. I don't know where this economy is going, but most economists say we're not creating the kind of jobs we need to be creating. Under this bill, we'll be bringing in 1.2 million immigrants, for the 900,000 jobs that is projected in the 5 years. America is not a technological wasteland as the tech lobbyists would have you believe.


Sen. Hatch: We can't continue to hope that American companies don't move their operations overseas because of our visa policies.

First Grassley amendment to Hatch-Schumer fails on a vote of 2-15. (1 pass)
Second Grassley amendment to the Hatch-Schumer is up for consideration. The amendment protect American women workers STEM field working in companies hiring H-1Bs.

Second Grassley amendment to Hatch-Schumer fails on a vote of 3-15.

Third Grassley amendment to Hatch-Schumer is up for consideration.

Third Grassley amendment to Hatch-Schumer fails on a vote of 2-16.

Fourth Grassley amendment to Hatch-Schumer is up for consideration. The amendment would apply the same wage requirement to all employers.

Sen. Grassley: The bill currently requires H-1B dependent employers to offer Level 2 wages to nonimmigrants. This would make apply it to all employers.
Fourth Grassley amendment to Hatch-Schumer fails on a vote of 3-15.
Amendment Hatch 10 as amended by Hatch-Schumer passes on a voice vote.

Sen. Leahy: Now we're moving on to Subtitle B & C involving agricultural workers and future immigration.

Amendment Whitehouse 4 is up for consideration. The amendment facilitates admission and naturalization of individuals who are employees of Federal national security, science, and technology labs.

Amendment Whitehouse 4 passes on a voice vote.

Amendment Grassley 16 is up for consideration. The amendment allows for the adjustment for inflation of all fees and fines in S.744.

Sen. Grassley: This leaves discretion to the Secretary on the index.
Amendment Grassley 16 fails on a voice vote.
Amendment Franken 9 is up for consideration. The amendment allows battered immigrants to be eligible to receive certain public and assisted housing.

Sen. Franken: The amendment reconciles two laws so that battered women who are here lawfully will be able to receive housing.
Amendment Franken 9 passes on a voice vote.
Amendment Session 2 is up for consideration. The amendment imposes a 20 million numerical limitation on individuals admitted as LPRs during the 10 fiscal years.

Sen. Sessions: I won't ask for a vote on this. But I would like to know how many we are receiving in immigration. There are 11 million, 4.5 million who would be given accelerated admission who are currently held down by the caps, and then 1.4 million for 10 years, that's about 30 million.

Amendment Sessions 2 is withdrawn.

Amendment Coons 3 is up for consideration. The amendment allows surviving spouses and children of U.S. government employees abroad who are killed in the line of duty.

Amendment Coons 3 passes on a voice vote.

Amendment Cornyn 8 is up for consideration. Modified by 2nd degree amendment. The amendment adds communities near closed or realigned military bases in the definition of targeted employment area in the EB-5 regional center context.

Amendment Cornyn 8 passes on a voice vote.

Amendment Hirono 1 is up for consideration. The amendment excepts children of certain Filipino World War II veterans from the numerical limitations on immigrant visas. Amendment Hirono passes on a voice vote.

Sen. Whitehouse: We don't have an amendment at the moment, but Sen. Graham and I are working on ways to address the cyber attacks One approach is to allow the Secretary to designate where the attacks are and another is to allow a S visa for someone who will testify or work against these cyber networks.
Amendment Cruz 4 is up for consideration. The amendment modifies the numerical limitations for family-sponsored and employment-based visas. It also removes per country caps.

Sen. Cruz: I am a strong advocate of legal immigration.

Sen. Schumer: In our bill, we have a delicate balance. This amendment would cut back on family by more than 25% and I would urge in defeated.


Sen. Sessions: While this would allow more immigrants in, the policy provisions in it are very good unlike the bill before us today.


Sen. Cruz: Indeed as it is structured, it would allow those who come here for employment to come with their families, so some of the family reunification is shifted to the employment.


Amendment Cruz 4 fails on a vote of 6-12.

Amendment Coons 9 is up for consideration. Modified by 2nd degree.

Sen.  Coons: The amendment modifies Coons 1 which would require enhanced notification to individuals in the E-Verify system. This 2nd degree reduces the enhanced notification the cases where a system returns a non-confirmation.
Amendment Coons 9 passes on a voice vote.

Amendment Grassley 19 is up for consideration. The amendment mandates USCIS to file reports to Congress on fraud. Modified to annual reports instead of quarterly.
Amendment Grassley 19 passes on a voice vote.

Amendment Hirono 10 is up for consideration. The amendment permits U.S. citizen suffering extreme hardship to petition for an adult son and daughter or a sibling.

Sen. Graham: In the future we are going to have a merit based economic system. Economic system with a family component. I respect what you are trying to do, but it would upset the balance.

Sen. Hirono: How would a single woman fair under the point system.


Sen. Graham: If you have family, you get 10 points. You get points for learning English. You will get points if you have desirable skills. I've asked for a new way around doing immigration that is economic based.


Sen. Blumenthal: I would like to join this measure as a co-sponsor and say that I support it.


Sen. Schumer: I reluctantly against this amendment. As Senator Graham said, we had a very careful balance in this bill. There are a large group of people who want a robust family immigration system. Others wanted a robust economic based immigration. Families do really well under this system. We have a petition system. This is a good amendment, but we could come up with amendments on the other side to take away from family and give to economic migration. Trying to get bipartisan compromise, I have to reluctantly vote note.


Sen. Durbin: The reason we have a CIR bill that will help 11 million Americans is because we sat down and reached an agreement. It was a give and take. I commend Senator Graham and Flake for voting no when it was tough. I must hold firm.


Sen. Whitehouse: There are times you have to stand by the agreement that put this together.


Sen. Graham: I get it. I was 21 when my mom died and 22 when my dad died. I adopted my 13 year old sister to make sure she got air force benefits. I get it. I've been bending over backwards to have a strong family component. I'm not going back to a chain migration system. As to hard votes, these are two hard votes for my colleagues from New York and Illinois. But I've been voting for 6 days.


Sen. Feinstein: I think it has been a unique process because those people who are members who have put this together and stood together. My hope is that that bipartisan agreement is enough so that what happened on the floor the last time doesn't happen again. I think this amendment would drive apart the agreement. Is this worth no bill. I've decided it is not. So, I think it is a fair system as is. I know it is hard for people to accept, but I want a bill. We need to keep the support. I am a no vote on the amendment.


Sen. Hirono: That this is not an amendment about chain migration. It is a narrowly crafted amendment that does not reopen sibling or married children over 31. It is for very specific situation where a U.S. citizen would suffer extreme hardship.
Sen. Sessions: I would not that a points system is something I would support but it only involves 8 to 16% of people who would be coming in the future.


Amendment Hirono 10 fails on a vote of 7-11.

Amendment Session 2 and Amendment Session 8 are withdrawn.

Amendment Sessions 15 is up for consideration. The amendment would remove judicial review and shift visa authority from Department of State to DHS.

Sen. Sessions: This deals with an important matter that I believe the committee and gang would recognize. One of the problems we discovered was that Secretary Napolitano said that who issues visa revocations is not clear. This amendment would provide current authority to both Secretaries of DHS and DOS to revoke visas. I would ask my colleagues to support the amendment.

Sen. Leahy: I'm not a fan of court stripping legislation.


Sen. Schumer: I want to oppose this amendment on similar grounds that the chairman did. It takes away any judicial review ever. That is not the hallmark of democracy. I have to say, do we want to live in that kind of country? A country with no due process for people we have invited to come here? I would urge this amendment be defeated.


Sen. Sessions: Under current law, the State Department can revoke visas.


Sen. Schumer: They can get a revocation hearing.


Sen. Sessions: Someone who is hear is hear at the pleasure of the U.S. I think you are constantly creating litigation that goes beyond anything we have done before. I know immigration lawyers that you like to meet with like to litigate. I think he amendment is correct, and i believe the Secretary of Homeland Security ought to be given this authority.


Amendment Sessions 15 fails by a voice vote

Amendment Hirono 11 is up for consideration. The amendment would require a GAO study on the impact of the merit based system on family. Under this amendment, the GAO must submit a study no later than 7 years after the date of enactment.

Amendment Hirono 11 passes by a voice vote.

Amendment Klobuchar 5 is up for consideration. Modified by Klouchar 2nd degree.

Sen. Klobuchar: This is a small but important amendment that would increase access to health care. It is an extension of the Conrad 30. This was a bill that I introduced with others. We have a shortage of doctors in this country. The amendment clarifies the bill and builds upon the bipartisan agreement. Senator Feinstein's Amendment 13 moves the dual intention provisions to another part of the code but forgot the doctors. It adds the doctors back in.

Amendment Klobuchar 5 passes by a voice vote.

Amendment Leahy 7 is up for consideration. The amendment recognizes for purposes of the INA, any marriage entered into in full compliance with the laws of the State or foreign country within which such marriage was performed.

Sen. Leahy: People face discrimination based on who they love. I understand that not all states have reached this point of being compassionate as my home state of Vermont. Just since the introduction of immigration reform, we have had 3 states join Vermont. Regardless of state efforts, federal law continues to discriminate against people based on who they love. My amendment would not change a single state law. DOMA makes 1,000 of American families left secure. IN the immigration context, if you are an American and fall in love with someone of the same sex in another country and get married legally, you cannot petition for your spouse. I don't want to be the Senator who made someone choose between love of their spouse and love of their country.

Sen. Graham: I think a lot of folks have been wondering what you would do about this issue and how you would handle it. I want to be the first to say that your passion for marriage equality has not changed. The country is going through a debate on how to define marriage state by state. When it comes to immigration reform, we have put together the most effective coalition since 2005. I've been asked a lot about what would this mean. If we try to redefine marriage w/in the immigration debate, it would mean the bill would fall apart because the coalition would fall apart. There are a lot of people in S.C. who would support this bill but find it a bridge too far. The courts are dealing with this issue. I would just urge my colleagues to understand that traditional marriage is a well-accepted concept. When it comes to passing this immigration bill, interjecting a new definition of marriage would be a bridge too far. I would urge my colleagues to understand that this would fracture the coalition. I have an obligation to listen to the people of South Carolina. This is the best chance I've seen since dealing with the issue. I support traditional marriage without animosity. But not only could I not support the amendment, but I believe that it would break the coalition.


Sen. Leahy: Does the Senator see anything in the amendment that would require your state to change the definition of marriage or require your state to pass new laws?


Sen. Graham: You got me on immigration but not on marriage.


Sen. Feinstein: One of the cases before the Supreme Court is an equal protection case. The Supreme Court may settle this all and would make this moot. This amendment would assure that same sex couples are accorded the same protections of heterosexual couples. In short, same sex marriages would be entitled to equal treatment under the law. There would be no need to create a different category. There is a problem. Like Senator Hirono's amendment, this could blow this bill apart. I don't won't to blow this bill apart. I don't want to lose Senator Graham's vote. I am for what Senator Leahy is proposing, I would just say hold up on this amendment at this time. I think we can get it done in a way that will not blow apart this bill.


Sen. Leahy: I listen to people who support what I'm doing and those who don't. I said I would certainly hear from anyone who wishes to speak. I held this to the end so we could get through the rest of the amendments.


Sen. Flake: What a pleasure it has been to be so new in the Senate and be part of this process. I think this process that we have gone through has been a real antidote to this process. You haven't cut any person off and you have allowed anyone to offer any amendment. This immigration bill is a heavy lift as we all know going through the process. We can only make that lift if we have the broadest coalition possible. This is an issue that is being addressed by the courts right now. I think it would certainly upset the coalition right now. It would certainly mean this bill would not move forward, which would be a real shame. I thank you for this process. I hope the amendment could be withdrawn.


Sen. Durbin: I'm a cosponsor of UAFA and Senator Feinstein's bill. My position I hope is very clear. What we've witnessed is an order of priorities. I can tell you I know how difficult it is to withdraw an amendment. I want to make certain that the people who would benefit from immigration reform get it. There will be another day. I hope that today we can keep this coalition together.


Sen. Leahy: When I talk to legally married couples in my state, and they say that we can't dream because we are the same sex. I constantly ask myself how I would feel. I appreciate what you have said about me and this process Senator from Arizona and South Carolina.


Sen. Schumer: I too want to add my voice to thank you for having an open and fair process. I would also like to say that i know your passion on this issue. It is consistent with you record and beliefs. I want to say that this is one of the most excruciating and difficult decisions I have had to make. I know our constitution and core principles calls for equality. It is rank discrimination, and I believe in it strongly. It is a basic principle of fairness that you should not treat one class of people differently. Should same sex partners have the same rights as heterosexual couples? Absolutely. I believe so strongly they should. The law needs to change. I believe that the American people support this. I have urged inclusion of these principles in an immigration bill. Those in the group believe that it will rip apart the bill. But all I can do is try to persuade, bargain, and cajole. I cannot compel them to believe and ask otherwise. They've made perfectly clear that if this provision is added to the bill, they will have no choice but to abandon this bill. I wish it were otherwise. The bottom line is that in the political reality in which we operate, those who hold differently have the power to stop this bill. If we make the effort to add it to this bill, they will walk away. They have told me publicly and privately. No equality, no immigration bill. Nothing gets accomplishment. Much as it pains me, I cannot support this amendment if it will bring down this bill. I want to let them know that I will be here and ready to work with the LGBT community to advance the cause of equality.


Sen. Franken: This is the definition of a Hobbesian choice. In my bones, I believe in equality. I believe in equal protection of the law. I think Senator Durbin and Senator Schumer have said it. This will get resolved hopefully sooner than later. Boy I wish my colleagues on the other side felt differently. It is wrong to discriminate against people but I do not want the LGBT people who would be hurt by this whole bill not passing to be hurt by this falling apart.


Sen. Leahy: I heard a Senator not on this committee, not in my party, that if I included this it would kill this. I believe fixing our broken immigration system is this committee's top priority. I believe this legislation will make us safer, it will help spur the economy. It is not the bill I would draft. It is with a heavy heart that the Senator that I heard on that radio talk show who said the whole immigration legislation would be killed if I offered this amendment. I will withhold this amendment. I say this with a heavy heart.


Amendment Leahy 7 is withdrawn.

Sen. Graham: I want to thank you for the way you have conduct this hearing. This is the best mark-up I've been involved in. We will have this debate. But it should be done outside this bill. Your decision today has represented the best opportunity to get this bill passed. You set an example.

Sen. Whitehouse: I didn't want to close without expressing my appreciate for all of the members of the committee but particularly Senator Durbin, Schumer, Graham, and Flake. I think this has been very impressively done.


Sen. Whitehouse: I didn't want to close without expressing my appreciate for all of the members of the committee but particularly Senator Durbin, Schumer, Graham, and Flake. I think this has been very impressively done.


Sen. Hatch: I commend this committee for the good work on this bill. I filed 4 amendments on financial issues that would make this bill better. These are not poison pill amendments. I filed them in good faith. Thus far, the authors of this legislation have shown a willingness to work with me. I will vote this bill out of committee, but if these issues are not addressed on the floor, I will vote against this bill on the floor. I think we have come a long way, and I want us to continue that will get people in the House to support.


Sen. Schumer: We have talked a little about the financial amendments but he has my commitment to try and work something out. I will give it my college try best. Each side will have to give, but this has been an excellent process. We hope to continue this process on the floor.


Sen. Klobuchar: I wish we could move forward with marriage equality, but I understand why. I appreciate all the work and the heart felt views. I wanted to say how proud I am of this committee. This has been the longest mark-up I've been involved in. This has been a bill that focused on security. I'm proud of this bill from the economic perspective. As well as the pathway to citizenship. Thank you for this civil mark-up.


Sen. Flake: Asked for adoption of technical amendments for Flake 3.


Sen. Coons: I want to add my thanks for a positive mark-up on this bill. But immigration also implicates are most fundamental values. There has been many tough votes cast. There are many members of the Gang of 8 who had offers they wanted be refrained from offering. Whether it is through court decision or amendments on the floor or legislation, Iit is my intent to end discrimination against same sex couples. I'm grateful at how hard you have worked. I recognize this evening may have not been the evening to consider UAFA.


Sen. Cornyn: I want to thank you for a good mark-up. My only regret is that more of my amendments did not pass. None of us are guaranteed that our amendments will pass. I too have been involved in this debate the entire time I've been in the Senate. I think I've made clear that the only way that I can support a piece of legislation if it credibly dealt with border security, which this bill does not, if it deals with 40% of visa overstays, which I look forward to working with Senator Feinstein on the floor, and an effective work site enforcement. The American people aren't mad at people who come here to work. I believe the American people are fundamentally compassionate. I believe if we deal with those issues. I regret that I am going to vote no on the bill coming out of committee. I will vote yes on a motion to proceed on the floor and encourage my colleagues to do the same. I believe it is important to get on the bill on the floor. I don't know if it will ever meet my standards on the floor. I can't vote for something that is not credible but I will work together with colleagues to further improve the bill on the floor. I do congratulate the gang of 8 in moving the bill forward.


Sen. Blumenthal: Like my colleagues, I want to thank you for your leadership and the compassion and commitment you brought to this debate. I also want to thank the ranking member for enabling us to improve this bill. I want to thank the group of 8. These deliberations have been what I thought the U.S. Senate would be. Finally, I thank you Mr. Chairman for your commitment to UAFA which I cosponsored. The greatest nation in the history of the world should not make people choose between living in the country they love and living with the person they love. I believe that there will be other opportunities. Again, I thank you Mr. Chairman.


Sen. Hirono: I do support your marriage amendment, I hope we can move forward to repeal DOMA. As a new Senator, it has been a real honor to be a part of this process.


Sen. Cruz: I would like to than the Chairman for his willingness to consider the amendments and for allowing vigorous debate on those amendments. This has been a long and painstaking mark-up, and I thank you for keeping it open. At the outset, I hoped this mark-up would be a productive mark-up of this bill. I noted the majority had the votes. I will note with regret that I believe that is what has happened. I want common sense immigration reform to pass. I think our immigration system is broken. I think there are large majorities who want to get immigration reform to pass. This bill does not stop the problem. Human tragedy would flow as a direct result of this bill. I believe this bill will not become law because it will not pass the House of Representatives and become law. In the course of this mark-up, I've introduced 5 amendments. One of the greatest failings of this bill is that it is almost utterly toothless with respect to the border. I think it is unfortunate that we saw the votes that we did.


Sen. Grassley: Coming into the debate I think I made my position clear. I vote for amnesty in 1986. Now we are back discussing the same problems with the same solutions. I hope we reach that point [where we fix this once and for all]. The sponsors of the bill want us to believe that it will be different. No one would dispute that this bill is legalization first and enforcement later. Yes, immigration reform is very much desired because the system is broken. But it is pretty much based on securing the borders. I used the committee process to attempt to strengthen border security. At the end of the day and with the power of majority, argued against securing the border for another decade the triggers are inefficient and ineffective. This bill falls short of what I want to see in a strong immigration bill. In Iowa, one of the resentments is that people who have gone through legally are resentful of people who jumped over the gate. I remain optimistic that on the floor we can vote on common sense amendments to improve the bill. Again, I respect that process we have had here in this committee. We had an open process which isn't new or unexpected. I'm glad that we continued this tradition. Now the hard work begins to fix this bill. Absent significant changes on the Senate Floor, the house should take up their own product. I thank the Chairman for working constructively. I will vote this bill to the floor. I hope that nobody has their mind made up on exactly how this bill will end up. I won't know if I'm for this bill or not until it gets to this process. The system is broke.


Sen. Leahy: I will put my whole statement in the record. First, I appreciate what Senators have said about the openness and fairness of this process. I want to thank every single Senator for cooperating. I want to single out 4 Senators for special recognition who worked many hours beyond to put this together. We've tried to work out the best and fairest way. This is not the bill I would have drafted. I voted for amendments that have been rejected and against amendments that have been adopted. My biggest regret is that this amendment will not protect all Americans. I hope that our history, our values and our decency as a people take action. We're Americans. We need an immigration system that lives up to American values. I call the roll on final passage of the legislation as amended.


S. 744 passes by a vote of 13-5.