Below is a press release from the American Immigration Council from earlier this week. On Tuesday the Senate Judiciary Committee met to review concerns related to Title Four of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. The following press release discusses issues that must be addresses by the Senators in regards to immigration and the workers in the United States.

For Immediate Release

Creating a Workable Future Flow Program in Senate Immigration Bill
Day Two of Senate Mark-Up Will Tackle Trickiest Part of Reform

May 13, 2013

Washington D.C. – Tomorrow, the Senate Judiciary Committee continues “mark-up” of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. The Committee will take up amendments related to Title Four, which addresses the majority of non-immigrant, temporary visas including those for high and less skilled immigrant workers, entrepreneurship and innovation programs, and a range of miscellaneous visitor visas. Title Four became one of the most intensely negotiated portions of the Gang of 8 bill, in part because issues regarding the future flow of immigrant workers strike at the heart of broad differences in opinion about how we supplement the American workforce through immigration.

Inherent in this debate are deeply nuanced questions about the best way to create a competitive business climate that does not undermine worker rights and protections, as well as the need to promote and encourage innovation and growth through immigration.  The Gang of 8 should be applauded for tackling this enormous challenge and crafting solutions that attempt to address these concerns.  This makes the bill significantly different from what was adopted in 1986—when a legalization program went forward without tackling the question of how to regulate the future demand for workers.

In this section of the bill, perhaps more than anywhere else, there will be disagreement about the best way to achieve a balance in S. 744 as it is readied for debate before the full Senate. In order to develop a smart and fair future flow program, Senators should keep in mind the following principles:

• The United States needs a workable, efficient, and flexible immigration system that responds to the rapidly changing demands of a 21st century economy, technologies, and migration patterns. People live and work and innovate in ways that are different than they were twenty years ago, and yet our immigration system continues to operate on a series of static quotas and rigid requirements that ignore advances in every sector of our economy and the way we live today.

• We can and should protect the wages and working conditions of all workers without creating a system that assumes that any businesses that employs foreign workers will exploit them.  Punitive measures and more intensive government oversight should be reserved for those who have broken the rules.

• Employers can and should be required to show that they have made a legitimate and good faith effort to hire U.S. workers, but they should not be required to submit to rigid, bureaucratic rules that bear no relationship to business reality.

• Immigration levels should rise and fall based on the ebb and flow of our economy and the changing dynamics of our labor force.  To achieve this, the system cannot be rigidly tied to broad, national employment levels or economic indicators that do not accurately reflect economic reality at the local level or within specific industries.

To read original press release, please visit: http://www.americanimmigrationcouncil.org/newsroom/release/creating-workable-future-flow-program-senate-immigration-bill

For Immediate Release

LAC Issues Practice Advisory on Reinstatement of Removal

April 30, 2013

Washington, D.C.—The Legal Action Center (LAC) is pleased to announce the issuance of a new practice advisory, Reinstatement of Removal. A person who has been removed and illegally reenters the United States may be subject to reinstatement of removal under INA § 241(a)(5). This Practice Advisory provides an overview of the reinstatement statute and implementing regulations. It also addresses federal court review of reinstatement orders and potential arguments to challenge the legality of reinstatement orders, including challenges to the underlying removal order.

This practice advisory includes a sample reinstatement order, a sample letter to DHS requesting a copy of the reinstatement order, a checklist for potential challenges to reinstatement orders, and an appendix of published reinstatement decisions. The LAC issued this advisory jointly with the National Immigration Project of the National Lawyers Guild.

All of the LAC’s Practice Advisories are available on the LAC website.

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For more information, contact clearinghouse@immcouncil.org or call 202-507-7516.

The Development, Relief and Education for Alien Minors Act or DREAM Act, announced on June 15, 2012 by the Obama Administration, allows immigrants aged 15 to 31 who came to the country before they were 16 and have lived here continuously for at least the past five years to apply for temporary right to live and work openly in the United States without fear of deportation. On August 15, 2012, the DREAM Act kicked off with an estimated 1.9 million eligible applicants.

There are seven conditions that must be met to qualify for the DREAM Act, under the latest version of the bill, an illegal immigrant must:

- You are under the age 31 as of June 15, 2001

- You came to the U.S. before your 16th birthday

- You have continuously resided in the U.S. since June 15, 2007

- You were physically present on June 15, 2012

- You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012

- You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

- You have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

It’s vital to talk with a Phoenix immigration attorney to avoid mistakes and to avoid ending up in a worse situation than you were in before any action, because the U.S. Citizenship and Immigration Service are examining each situation on a case-by-case basis. You have to make sure you have your paperwork filled out right before you apply or before you take any immigration action on your own.

With the Senate meeting in April to discuss the proposals for immigration reform, both pro and anti immigration activists have been getting a lot of attention. Politicians are weighing out the marks and trying to get a handle on the proposed reform.  To make things even more heated a recent mass release of immigration detainees in Arizona has sparked more flames between both activists sides.  This release done last month has activists talking for a variety of reasons, both sides are furious.

The release of more than 300 people from immigration detention centers in Arizona — part of a mass release across the nation in anticipation of looming federal budget cuts — sparked outrage among activists on both sides of the political aisle.

Anti-illegal immigration groups and others accused the Obama administration of playing politics, while an immigrant rights group said the incident showed the administration had detained people they shouldn’t have in the first place.

John Hill, executive director of the Phoenix-based anti-illegal immigration group Stand With Arizona, said the Department of Homeland Security was using immigration security as a political weapon.

“The shocking, lawless actions of DHS in releasing thousands of illegal aliens from detention merely to score points on sequestration proves what we have said all along: The DHS is far too politicized to be trusted to implement either the Obama or the ‘Gang of 8′ immigration reform plans,” Hill said in a statement.

Immigration and Customs Enforcement officials said the release of “several hundred” detainees since last Thursday from deportation centers across the nation was in anticipation of spending cuts linked to the so-called budget sequestration, which mandates across-the-board cuts starting Friday unless Congress reaches a compromise.

“As fiscal uncertainty remains over the continuing resolution and possible sequestration, ICE has reviewed its detained population to ensure detention levels stay within ICE’s current budget,” ICE spokeswoman Amber Cargile said in a statement.  “Over the last week, ICE has reviewed several hundred cases and placed these individuals on methods of supervision less costly than detention.”

Agency officials emphasized that those freed were on supervised release, with telephonic and electronic monitoring.

Cargile, based in Phoenix, said all of the released detainees remained in removal proceedings. She said priority for detention remained on serious criminal offenders and other individuals who are believed to pose a significant threat to public safety.

United We Dream, a youth-led network advocating for the legalization of 11 million people who are in the country illegally, said it took a “manufactured crisis to reunite families.”

“Every day I get calls from families being torn apart with a loved one about to be deported,” Carolina Canizales, coordinator of United We Dream’s End Our Pain Program, said in a statement. “Low-priority individuals — people who pose absolutely no risk or danger to society, but rather are upstanding members of their communities and families — should not have been locked up to begin with.”

Arizona Gov. Jan Brewer said she was “appalled” by the mass release, adding that it had been done “under the guise of federal budget cuts.”

To read the full article click here:  Immigration Detainees Released

Maria Jones Law Firm top-rated attorneys are committed to helping families torn apart by increasingly restrictive Phoenix immigration laws. The firm’s deportation defense attorneys assist foreign nationals and legal permanent residents who have been arrested, placed into Phoenix immigration detention centers, or who face possible removal from the United States.  At Maria Jones Law Firm we want people to have the best chance at the life they want.  Here is a great local news article from the Republic written this week on how Arizona Unions are showing support for immigration reform.

Arizona’s labor unions are putting their weight behind comprehensive immigration reform, and they made their position loud and clear during a rally at the state Capitol on Monday.

About 200 union members, supporters, student activists and Democratic leaders gathered in support of a federal proposal that includes a path to citizenship. Union leaders said the labor movement and immigration rights go hand in hand.

“We’re both fighting for the American dream,” said Emmanuel Gallardo, a front-desk agent at the Renaissance Phoenix Downtown hotel and a local union member. “And I strongly believe that as a labor movement, if we come together to support comprehensive immigration reform, we can pass it.”

U.S. Rep. Raúl Grijalva, D-Ariz., spoke to the group, saying immigration reform needs to happen this year.

“Those of us from Arizona … understand it will be tough,” he said. “But we also understand how important it is.”

Phoenix was the last of 20 cities where labor unions held rallies. Participants urged Arizona lawmakers to oppose several bills that limit labor activities, and they called on federal lawmakers to deal with immigration.

The Arizona Legislature has been at the forefront of the immigration debate in the past, particularly with the 2010 passage of Senate Bill 1070.

But this year, local lawmakers have left the issue to national leaders.

The handful of state bills addressing immigration, including one that would have made it a crime for an illegal immigrant to use a public resource such as a school or sidewalk, have so far gone nowhere.

Meanwhile, a bipartisan group of U.S. senators, including Arizona Republicans John McCain and Jeff Flake, are working on a reform bill that includes a path to citizenship contingent on a secure border. They hope to introduce it late this month or in early April.

Their work has mobilized supporters and opponents, both of whom are planning to flood lawmakers with calls and e-mails and to stage demonstrations.

Immigration-rights activist Petra Falcon of Promise Arizona said federal immigration reform would benefit Arizona economically.

“If Arizona hopes to get people back on track, it needs our people to return,” she said. “Who else will build houses, harvest crops? And who will develop the next Intel or Google?”

To read the full article click here:  Arizona unions show support

The legal team at Maria Jones Law Firm has been published in several articles in the nationally recognized Attorney at Law Magazine.

PRLog (Press Release) - Mar. 1, 2013 - Maria Jones Law Firm in Phoenix offers high quality immigration services in a number of languages to unite families from being separated across borders. The legal team at Maria Jones Law Firm, including Maria herself, has been featured in the national trade publication Attorney at Law Magazine.

The Phoenix edition of Attorney At Law Magazine features several original articles from Stephanie Corcoran, Maria Aparicio, James Winings, and Maria Jones of Maria Jones Law Firm. In these articles, each author takes an in depth look into one of the many controversial aspects of immigration law in Arizona.

The articles, written in Spanish and English, give their professional insight into situations that an immigrant may face while trying to become a citizen or permanent resident of the United States, such as getting arrested for a minor offense and other circumstances that might negatively affect one’s immigration process. The information in these legal articles is pertinent to those facing the immigration process, not only in the state of Arizona but in the United States, and also for other legal professionals to gain information into this legal industry niche.

About Maria Jones Law Firm

Maria Jones Law Firm was founded by Maria Jones, an immigrant herself, who emigrated from Russia at the age of 21. She is “an immigrant, for immigrants” who is passionate about providing the best legal guidance possible to help immigrants be united with their families and to gain citizenship. Her firm is multilingual, offering services in English, Spanish, Russian, Portuguese, Haitian Creole and French to assist clients from a range of cultural backgrounds. Phoenix immigration attorney Maria Jones and her legal team assist clients with a range of legal immigration services, from visas, waivers, and green cards to naturalization and citizenship. To learn more about Maria Jones Law Firm, please visit: http://www.mariajoneslawfirm.com

If you have been following the previous few entries, then you are well aware of the PERM-GC process we are talking about. If you have not read them, then this entry may seem a little confusing to you. We have been going over the entire process for obtaining a green card through an employer, via the PERM-GC process. It is an extremely complex system, and as such, requires much study to understand the inner workings.

These entries are meant to provide you with a general overview of the process, so that you understand some of what is happening behind the scenes, and will be able to ask your attorney detailed questions should any arise.

Our previous entry talked about how companies will be required to evaluate all of the applicants for a position that they have listed as open, for the purposes of the PERM-GC process.

Once an applicant has been found eligible for a position, and have been called for an interview, they will be evaluated based on standard company policy.

All resumes that have been submitted throughout the process must be kept in a central location, so that they will be available should an audit occur.

In addition, for any candidates that have been ruled out of the process, the company will have to prepare a spreadsheet that lists each candidate by name, their scheduled interview date, and the reason that he/she was not found to be qualified for the position.

While all this is going on, your immigration attorney will need to file a labor certification through PERM, which will need to be done online, no sooner than 30 days after the last job advertising, but before 6 months past the first job advertising.

For this reason, job postings must be stayed on top of at all times. There is a fairly small window of opportunity for applying for, and being approved for, a green card through a job.

In our next entry, we will cover the audit process that can sometimes come into play.

One of the more common questions posed to immigration attorneys is “I have been in the U.S., working, for years now. Can I apply for a green card? If so, how?”

The answer to that, unfortunately, is based on a large number of factors that are specific to each individual applicant. Upon hearing that, many people then ask “OK, so how do I personally go about obtaining a green card?”

As one of the most intricate and complex areas of immigration law, answering that question will requires in-depth study and analysis of an individual’s situation and everything that goes with it, such as education and work history, information on the company the employee currently works for, family situation, and many other categories.

Here is the basic idea, however.

When it comes to applying for a green card, there are 3 popular methods: Through employment, family members, and the green card lottery. The focus of this post will be employment, but here are synopses of the other 2 methods.

To obtain a green card through a family member, you will need to be sponsored by a family member who is a current U.S. citizen. Most commonly, this process gets started by an individual marrying a U.S. citizen. The relative that sponsors you must be very close, and the nature of your relationship will determine how long the wait for a green card will be.

For the green card lottery, there are certain countries that are eligible, and if you are in one, you should apply for the green card lottery every year. Usually the application period starts in the fall.

As for employment, which as mentioned before will be the focus of this post, the most often used method of green card application is through what is known as the PERM-based process. It is generally recommended to avoid this process, however, as it is not only expensive, but also time consuming and rather difficult.

Luckily, there are several alternatives to the PERM-based system, such as intracompany manager, extraordinary person, and “national interest waiver.”

If you were employed for no less than 1 year at a company outside of the United States, and were subsequently transferred into the U.S. to work as a manager of a company related to your previous foreign employer, you may be eligible to receive the intracompany manager green card.

If you are a prominent figure in your field, and are able to prove so, then you may be eligible for the extraordinary person green card. You must not only be successful, but must be one of the forefront authorities in your field. Business, arts, and science professionals are all eligible.

Finally, if you are a professional who has obtained at least a masters degree, and would be beneficial to the United States as a whole, you could qualify for a special green card. For example, if you are working on a project developing spacecraft for future missions, or are currently researching a cure for cancer, you could qualify. This is a green card that is rather hard to obtain, but as always, it never hurts to try.

In the next entry, we will go over the basic steps of the PERM process, so if these alternative methods do not apply to you, please stay tuned to future entries, and as always, if you ever have any questions or concerns about immigration, contact an experienced immigration attorney immediately.