Monthly Archives: February 2013

Oscar goes to “Inocente,” keeping immigration in center stage

The Academy of Motion Picture Arts and Sciences tonight recognized the film “Inocente,” a fearless documentary about a 15-year-old undocumented girl living in Los Angeles who copes with homelessness, her immigration status, family turmoil, and the challenges of adolescence all at once.

In winning the “Oscar” for Best Documentary Short, the film has not only validated the hard work and creative talent of its creators but also the trying experience of Inocente Izucar and hundreds of thousands of young women like her whose lives are shaped by federal laws and migration forces that are beyond their control.

Although policies like Deferred Action for Childhood Arrivals (DACA) have helped to empower this class of young people so they can come out of the shadows and live a semblance of a normal life, much work remains to be done to pass legislation like the DREAM Act or comprehensive immigration reform that would legalize the status of and offer a path to citizenship to millions of unauthorized immigrants.

 

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Filed under Comprehensive Immigration Reform, Deferred Action for Childhood Arrivals (DACA), National News, Uncategorized, Undocumented Immigrants

In Obama’s latest CIR proposal, observers see politics as usual

Over the weekend draft legislation to implement comprehensive immigration reform “leaked” from the White House, ostensibly tipping the hand of the recently re-inaugurated president as Congress begins to tackle a massive and massively controversial issue. Sen. Marco Rubio (R-FL) and other Republican spokespersons immediately denounced the proposal as unrealistic and partisan, but it was harder to tell what lines of distinction could be drawn between competing proposals. But some observers aren’t buying that story line and argue instead that this is just part of the political theatre needed to secure passage of CIR.

A condensed version of this theory is as follows: in the wake of the 2012 elections there is bipartisan agreement that immigration reform must move forward, but anything that appears to belong to President Obama is anathema to certain political elements on the political Right. Also while mainstream Republicans may support CIR their most conservative supporters may not tolerate a path to citizenship for those who are presently in the country without permission. Therefore the agenda of CIR can be advanced best by having the president float a proposal so these political elements can denounce it and replace it with other legislation that ultimately prevails.

It is an intriguing way to frame this discussion, and it is a theory that seems to be on the minds of some of Washington’s savviest observers. It also ascribes an impressive leadership quality to the president: that he would be willing to draw political fire on a proposal with his own name on it in order to clear the way for others to reach consensus and then propose a “middle of the road” proposal as antithesis to the president’s plan.

Overall the debate has hardly shifted: leading proposals are that, contingent on “increased border security,” a path to citizenship will be opened to some 11 million undocumented individuals by means of a combination of speeding up existing visa waits and issuing pre-Permanent Resident visas (possibly to be called Lawful Prospective Immigrant status) for a period of years. Additionally the employment-based immigration system would be overhauled to create more high-skill visas and a functioning guest worker program.

We’ll have to see how this debate unfolds. There are whispers that legislation may be on the table as early as early March.

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Filed under Comprehensive Immigration Reform, Family-Based Immigration, National News, Undocumented Immigrants

Call for volunteers – help translate for low-income tax filings

We are proud to announce a partnership between the Immigration Assistance Program and Reno’s Community Services Agency to help provide Spanish-language translation support for CSA’s provision of low-income tax filing assistance through the federal Volunteer Income Tax Assistance (VITA) program.

Volunteers must be U.S. citizens or lawful permanent residents and bilingual in English and Spanish. Volunteer shifts will be for 2-3 hours on Tuesday and Thursday evenings and on Saturday mornings. Each shift needs 1-2 volunteers, and volunteers can work together to split the time commitment among them.

Interested individuals in Reno-Sparks are asked to contact us by commenting below or through Facebook or Twitter at our profile CCNNimmigration.

 

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Filed under Nevada News, Reno News

Alien smuggling could be barrier to new family unity waivers

We previously shared some initial thoughts on the “Gang of 8” U.S. Senators who unveiled a framework for comprehensive immigration reform (CIR). Most observers know that in the days since both President Obama and the House of Representatives have identified their own starting points for such a discussion. The national debate is taking shape with hearings and many major issues remain up in the air. It will be an exciting and important few months to come.

In the meantime, immigrant families and the advocates who try to shepherd them safely through a complex and often changing web of immigration laws are digesting what new policies such as Deferred Action for Childhood Arrivals (DACA) and the new Provisional Unlawful Presence Waiver (PUPW) have in store. These policies will matter in the interim and if CIR again comes up short this time around these policies will remain some of the most important tools in practitioners’ toolboxes.

One major disappointment of the Final Rule on PUPW was the administration’s decision to not permit individuals with inadmissibilty other than that arising from § 212(a)(9)(B) to utilize the new I-601A process. Our program and clients submitted two hundred comments among several thousand and advocated for consideration of waivers for other grounds of inadmissibility. This seemed fair because most waivers share the “extreme hardship” standard for overcoming § 212(a)(9)(B) or even use a lower standard of proof such as “family unity”; therefore a case that passes muster for waiving unlawful presence inadmissibility should also suffice for other problems.

It would have been understandable for USCIS to draw a line between unlawful presence (a relatively innocent inadmissibilty) and inadmissibility based on fraud or criminal convictions. But instead USCIS chose to draw a single, bold line with unlawful presence on one side and everything else on the other. Therein lies the problem.

Drawing from anecdotal experience, USCIS has recently ratcheted up its screening for an often-overlooked ground of inadmissibility: § 212(a)(6)(E) for alien smuggling. While the words “alien smuggling” smack of human traffickers and hard-nosed coyotes who help unauthorized immigrants to cross the border, the definition also includes families that travel across the border together. Here’s the statutory language:

Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible.

This is a very broad definition of “alien smuggling” and the only exception is for certain individuals who were in the United States in 1988, prior to the passage of the Immigration Act of 1990. There is a waiver available, however. Here’s the relevant language:
 

[The government] may, in [its] discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of [the alien smuggling rule] in the case of [certain Permanent Residents] and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 203(a) (other than paragraph (4) thereof), if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

That’s quite a mouthful. Here’s what it means: if you are seeking an immediate relative visa you can also seek a waiver (with a low hardship standard) if you are inadmissible for alien smuggling and the person who you helped enter was your spouse, parent, or son/daughter.

In practice, these waivers are something of a formality. In fact, this rule seemed to have been forgotten about until recently, and we have seen a spate of cases being flagged for potential alien smuggling. Even where the case is so flagged, the hardship standard is so easy in most cases that it just adds a short delay to the overall process.

But here’s the snag — § 212(a)(6)(E) inadmissibility is not § 212(a)(9)(B) inadmissibility, and therefore individuals who entered the U.S. without permission and brought with them spouses or minor children are not eligible for the new opportunities offered by the I-601A process. In our experience this is frequently the case, and it is disappointing to explain to a client that this new opportunity — which USCIS acknowledges is intended to help families remain together throughout the process — is just out of reach because of an old, historically overlooked rule.

We will keep an eye on this issue to see if it presents in practice the headaches that it promises in theory.

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Filed under Advocacy, Enforcement, Family-Based Immigration, Undocumented Immigrants