Proposed Republican Immigration Bill - Dead on Arrival?

Republican Senators Kay Bailey Hutchinson (R-TX) and Jon Kyl (R-AZ) are taking the first steps toward their vision of immigration reform with the proposed "ACHIEVE Act" that would grant permanent residency to undocumented immigrants who pursue higher education or the military. What the "ACHIEVE Act" would not do is a grant a path to citizenship, a key criteria of many seeking immigration reform. The Congressional Hispanic Caucus has indicated their disapproval of the bill saying it would "not achieve the DREAM" and it would be essentially granting "second-class legal status." A Democratic Senator dubbed the bill "dead on arrival." Under the proposed legislation, to be eligible for benefits under the "ACHIEVE Act", an applicant must have lived in the US for the past 5 years, entered the US before turning 14, be no older than 28, and have no criminal record.

While this is an interesting move by the Congressional Republicans, it is evident that the bill will not muster enough support from the Democrats in order to be viable. At least this is a small step in the right direction (lest we forget the past four years) toward comprehensive immigration reform.

"ACHIEVE Act" aside, Deferred Action for Early Childhood Arrivals is alive and well; however, many of those eligible have not elected to apply for this program (perhaps fearing a Romney win in the Presidential Elections would doom the program). When the new numbers for "DACA" come out, it will interesting to see whether there has been an uptick in applications post-November 6.

And if you would like to learn more about the Deferred Action program (and still commonly referred to as the "DREAM Act", please visit www.kpimmigrationlaw.com or call 949-440-3240.

Comprehensive Immigration Reform - is Now the Time?

No sooner than the networks declared President Obama the victor in last week's Presidential Election, did we begin hearing renewed calls for immigration reform. However, this time it was a little different. This time it wasn't the progressives, liberals, or Latinos we normally hear from (although we did hear it from them too). What marked this watershed moment, was that the calls were coming from the Republicans this time too. A chorus of voices from the right including Senator Lindsey Graham (R-SC), House Speaker John Boehner, and none other than conservative TV pundit Sean Hannity, all were calling in unison for comprehensive immigration reform - reform that includes a pathway to Citizenship for the estimated 12 million people living illegally in the United States, as well as stronger border security and tighter workforce regulation of undocumented immigrants.

This is a breakthrough moment for millions of undocumented people - a moment that hopefully will see broad bipartisan support for a problem that has thus far eluded many a Congress. Reports are saying that this agenda is right at the top for President Obama, alongside tackling the growing deficit problem. If all this talk of immigration reform sounds familiar, it is because it is. We heard this groundswell of support before in 2007, led by Senators Kennedy (D-MA) and McCain (R-AZ). However, as we are all aware, the measure sputtered and died in the Senate.

For the prosperity, security, and future of the United States, I for one hope that comprehensive immigration reform is passed into law by Congress and the President...time will only tell, stay tuned...

If you have an immigration matter you need assistance with, contact immigration attorney Kapesh Patel. Visit www.kpimmigrationlaw.com for more information.

President Obama's Reelection

Yesterday, President Obama won his second term as President of the United States, beating his challenger, former Massachusetts Governor Mitt Romney, 303-206. From an immigration standpoint, this is historic and "game changing". Deferred Action, colloquially known as "The Dream Act" is in all likelihood to stay, but that is just a small piece of the picture.

Pundits are already pointing fingers as to why Mitt Romney lost. One of the more prevalent theories floating around is that Mitt Romney and the GOP have alienated Latino voters. The proof is in the pudding too, as 66% of Latino voters sided with the President. Many senior members of the Republican party have publicly stated that change is needed in the GOP - they can no longer advocate policies that turn-off the crucial Latino vote. And one of those policies is the party's stance on immigration reform and illegal immigration in general.

Looking forward into Obama's second term, it is safe to say that comprehensive immigration reform will more than likely happen. It has to happen, both for the Democrats, and now for the Republicans. The President promised immigration reform when he was campaigning for his first term, his legacy will now depend upon it to an extent. And if the Republicans want to take back the White House in 2016, they must work with the President and Congressional Democrats on real immigration reform. They can no longer alienate a large and growing part of the electorate.

For the millions of illegal immigrants living and working in the US, the future is looking just a little brighter today. Let's hope both sides can come together, and once and for all, put an end to the immigration debate by passing comprehensive immigration reform.

Retroactivity of Padilla vs. Kentucky

Most immigration attorneys are keenly aware of of the landmark Supreme Court decision, Padilla vs. Kentucky, which held that defendant's attorneys need to advise their clients of the immigration consequences of pleading guilty to particular crimes, or else face ineffective assistance of counsel claims.  Many clients come to me as a consequence of not knowing they would be subject to deportation (technically removal) when they pled guilty to relatively minor criminal violations.

The next big issue facing the Court is whether the holding in Padilla vs. Kentucky is "retroactive", meaning whether the ruling in that case can apply to cases that became final before the ruling in Padilla. The case is Chaidez vs. United States and a ruling is expected soon from the Court.

This could have enormous ramifications for those individuals in removal proceedings, as well as future detainees. Stay tuned for the ruling and take a moment to read this article for more information.

http://immigrationimpact.com/2012/10/29/supreme-court-to-consider-reach-of-padilla-v-kentucky/

And if you need help with an immigration matter, please visit www.kpimmigrationlaw.com for more information.

Reverse Migration

Great piece from the LA Times reporting on the relatively unknown plights of US Citizen children who accompany deported family members back to Mexico.

http://articles.latimes.com/2012/oct/21/local/la-me-border-boy-20121021

Dilemmas that challenge employers of undocumented workers

"To acknowledge or not acknowledge" that you hired undocumented workers? This New York Times article highlights the difficult choices employers face and the dilemmas posed when asked to "verify" employment of an undocumented worker for Deferred Action purposes. By verifying such employment, an employer also acknowledges that they "hired" an undocumented worker, which is illegal under federal law. Check out the full article here: http://www.nytimes.com/2012/09/26/us/immigrant-deportation-deferrals-put-employers-in-a-bind.html?_r=0. And if you have any questions or concerns, please contact this office for further help.

Only 72,000 DACA/"Dream Act" Applications?

There was a lot of hoopla regarding the start date of the "Deferred Action for Early Childhood Arrivals" (DACA) program in the media. I saw endless clips of people lining up in Los Angeles at immigrant help centers, newspaper coverage, and truth be told, my phone wouldn't stop ringing. Now, after a month, it was recently reported that the USCIS has only received 72,000 applications for DACA. Numerous theories abound as to why such a low figure (and it is low considering USCIS estimates almost 1-1.5 million people are eligible) have decided to take advantage of this groundbreaking program. But one unfortunate theory seems to be universal: people are just plain scared. They're scared that the USCIS will get ICE to come knocking on the door. Scared that they used "fake" social security numbers. Scared that they might be targeted for removal if a Mitt Romney presidency comes into fruition.

Whatever the reasons, the number of applications is surprisingly and startling low. Which is why a lawyer's advice can come in helpful. A licensed immigration attorney can make all the difference. I've turned down numerous prospective clients upon discovering potentially damaging information. These are the fortunate ones; the less fortunate may have submitted applications that MAY be forwarded onto ICE. Further, a licensed immigration attorney (well a good one!) is likely to deliver a persuasive DACA application package (complete with cross-referenced exhibits, binding, "Notice of Appearance as Attorney..."), that will probably increase the likelihood of approval. If you are scared of applying for DACA and want to talk to a professional, please visit my website at www.kpimmigrationlaw.com or call 949-440-3240.