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Jennifer McFadyen

Jennifer's Immigration Issues Blog

By Jennifer McFadyen, About.com Guide to Immigration Issues

Immigration Reform Bill in the House

Tuesday December 15, 2009

Earlier Today, Rep. Luis Gutierrez introduced the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009, or "CIR ASAP" for short. The bill has close to 90 cosponsors, and according to the Immigration Policy Center, seeks to:

  • Enhance border security and achieve effective immigration enforcement
  • Improve conditions of detention
  • Increase protections during enforcement activities
  • Create an employment verification system to help employers authorize new hires
  • Reduce the backlog in family and employment immigrant and nonimmigrant visa processing
  • Keep U.S. families together
  • Prevent future illegal immigration
  • Provide a program to legalize qualified undocumented immigrants
  • Provide legalization through the DREAM Act
  • Support the AgJOBS Act of 2009
  • Strengthen America's workforce with the creation of a Commission on Immigration and Labor Markets, revisions to temporary worker programs and changes to the H-2B and EB-5 visa programs
  • Closely examine immigration fees
  • Improve the naturalization process and integration to encourage citizenship among immigrant communities

The full text of the legislation is not yet available on the Senate website, but a summary is provided by the Immigration Policy Center.

What the bill does not include is language for lesbian, gay, bisexual and transgender families. You can read more about this issue on Immigration Equality's blog.

Keep in mind that this is not "the immigration reform bill to end all bills." We should expect to see additional immigration proposals in the months ahead. Senator Schumer is on-point to deliver immigration reform legislation for consideration in the Senate in 2010.

Gutierrez to Introduce Comprehensive Immigration Reform Legislation Dec. 15

Saturday December 12, 2009

Comprehensive Immigration Reform to be Introduced

This is it, folks. Representative Luis Gutierrez will introduce the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 to the House on Tuesday, December 15th. The legislation's acronym, "ASAP," emphasizes the need to move this legislation forward. Gutierrez expresses this in his press release:

"We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President," said Rep. Gutierrez. "The time for waiting is over. This bill will be presented before Congress recesses for the holidays so that there is no excuse for inaction in the New Year. It is the product of months of collaboration with civil rights advocates, labor organizations, and members of Congress. It is an answer to too many years of pain --mothers separated from their children, workers exploited and undermined security at the border-- all caused at the hands of a broken immigration system. This bill says 'enough,' and presents a solution to our broken system that we as a nation of immigrants can be proud of."

Rep. Gutierrez outlined the components of a comprehensive immigration reform bill in October.

Photo: Alex Wong/Getty Images

One Word Makes a Big Difference

Thursday December 10, 2009

Justice Sonia Sotomayor

The "undocumented vs. illegal" debate has already been brought up here, so I thought you might find it interesting to know that Supreme Court Justice Sonia Sotomayor made history earlier this week when she chose the term "undocumented immigrant" over "illegal immigrant" in her first Supreme Court opinion.

According to The New York Times, the term "illegal immigrant" has appeared in a dozen Supreme Court decisions while the term "undocumented immigrant" has never been used. Although the opinion itself had little to do with immigration, Justice Sotomayor's choice of terminology is being applauded by immigration advocates and supporters. It may seem like a small thing--using one word instead of another--but with comprehensive immigration reform on the horizon, the deliberate choice of one word over another in the nation's highest court does not go unnoticed.

Photo: Mark Wilson/Getty Images

Napolitano Talks Immigration With Senate Judiciary Committee

Wednesday December 9, 2009

Janet Napolitano testifies December 2009

Department of Homeland Security Janet Napolitano testified before the Senate Judiciary Committee this morning, and, as expected, she again stated her desire to work with Congress to move comprehensive immigration reform ahead early next year.

This is Napolitano's second hearing before the Judiciary committee. She last met with the committee in May. Her testimony today highlighted important immigration issues as she updated committee members with her department's progress over this past year.

"We can no longer perpetuate a status quo that is unacceptable for workers, employers, law enforcement, faith leaders, and America as a whole. We must seize this moment to build a truly effective immigration system that deters illegal immigration, provides effective and enduring enforcement tools, protects workers from exploitation and retaliation, and creates a tough but fair path to legalization for the millions of illegal immigrants already here."

"I am committed to working with this Committee to realize this goal and create a 21st century immigration system that works for everyone, including the men and women of the Department of Homeland Security who are charged with protecting our borders and enforcing our immigration laws."

I've posted the highlights of Napolitano's speech. The full hearing is available on the Senate Judiciary website.

Photo: Chip Somodevilla/Getty Images

Lou Dobbs Loses Antis' Support

Saturday December 5, 2009

Lou Dobbs Loses Antis' Support

Anti-amnesty, anti-legalization group ALIPAC has pulled its support for Lou Dobbs after the former CNN host announced that he wants to legalize undocumented immigrants.

"While Mr. Dobbs claims his positions have not changed, however, that is not the perception of many of our mutual supporters," said William Gheen of ALIPAC. "His recent comments on Telemundo and his national radio show supporting some kind of path to citizenship for illegal immigrants is inconsistent with positions of ALIPAC and the views of most American citizens."

ALIPAC has suspended its two Dobbs fan sites after 70% of the organization's supporters voted to drop their support.

Dobbs' flip-flop on immigration has surprised both the anti and pro sides of the immigration debate and comments on this blog have reflected that change. Dobbs has been labeled as a "Benedict Arnold" and a "fraud" by some readers while others have made it clear that Dobbs' anti-immigrant comments can never be forgiven.

Do you think pro-legalization advocates will warm-up to Dobbs now that he has publicly declared his desire for a path to citizenship and groups like ALIPAC are pulling their support, or do you feel that the damage has been done and Dobbs has no chance at gaining pro-migrant support if he runs for office?

Photo: Stephen Chernin/Getty Images

DV-2011 Registration Ends

Thursday December 3, 2009

The DV-2011 green card lottery registration period ended Monday, which means entries can no longer be submitted. The next opportunity to register in the green card lottery will be fall 2010 when DV-2012 registration begins.

Those who registered in the DV-2011 green card lottery and are selected as a "winner" will receive a letter from the Kentucky Consular Center by mail sometime between May and July 2010 at the addresses listed on their electronic diversity visa (E-DV) entry. You will be able to check the status of your DV-2011 registration online at the E-DV website on or after July 1, 2010. Keep your confirmation page in a safe place until then. You'll need that confirmation number to check your status online in July.

Celebrating the HIV Travel and Immigration Ban Repeal on World AIDS Day

Tuesday December 1, 2009

World AIDS Day

Since today is World AIDS Day, I thought you might be interested in this:

Effective January 4, 2010, Human Immunodeficiency Virus (HIV) infection will no longer make an alien inadmissible under section 212(a)(1)(A)(i) of the Immigration and Nationality Act (Act). This memorandum accordingly provides guidance for applications involving HIV.

This statement comes from a USCIS memo dated November 24, 2009, amending the Adjudicator's Field Manual, which details USCIS policies and procedures for adjudicating applications and petitions.

The memo provides guidance to USCIS officers on how to adjudicate current cases involving HIV. The good news is any cases currently in the system will not be denied. Instead, they will be held over until the amendment takes effect on January 4th.

Read the official memorandum from USCIS.

Photo: China Photos/Getty Images

Lou Dobbs' Immigration Reform Fixes

Saturday November 28, 2009

Lou Dobbs

On Tuesday, I suggested that Lou Dobbs may be softening his stance on immigration now that he has an eye for political office. Little did I know that a few days before, Dobbs had been interviewed by Maria Celeste on Telemundo's Al Rojo Vivo.

During the interview, Celeste hammered Dobbs on the leprosy controversy from his 2005 program, his comments about criminal aliens and other issues that have made Dobbs unpopular within the immigrant community. About twenty heated and rather uncomfortable minutes into the interview, Dobbs redirected the discussion towards immigration reform. When asked how he proposes we fix immigration reform, Dobbs replied:

  1. "We need a rational, effective and humane immigration policy in this country."
  2. "We need the ability to legalize illegal immigrants on certain conditions."
  3. "We need to be able to influence the direction of the conversation toward securing the border because until we can control immigration, we cannot meaningfully, substantively alter immigration law because it would have no point if we cannot establish the basis for the control of the flow of people across that border."

Dobbs' second point will come as a shock to those familiar with his strong anti-amnesty, anti-undocumented immigrant rhetoric. But as Celeste astutely points out, Dobbs now "sounds like a politician." The former CNN host confirmed that he is considering a run for office.

Dobbs knows that without the Latino vote, he doesn't stand a chance at the presidency. And with his track record, Dobbs will have to work magic to smooth his rocky relationship with those voters. Celeste gave Dobbs the opportunity to address that issue when she asked if he had any parting words for the Hispanic community.

"Whatever you have thought of me in the past, I can tell you right now that I am one of your greatest friends and I mean for us to work together."

Watch the interview.

Photo: George De Sota/Getty Images

Happy Thanksgiving

Thursday November 26, 2009

Macy's Thanksgiving Parade

About 400 years ago, the pilgrims came to America seeking a better way of life. Although modern-day immigration is dramatically different from what the pilgrims experienced, the U.S. remains the top desired destination country for those who would like to relocate permanently to another country. On this day, let's give thanks for our country's immigrants and the important contributions they have made to America. Soon we will come together to fix our broken immigration system, and we would be wise to remember that our country would not be as strong as it is without its immigrants.

Some holiday reading:

Is Thanksgiving Day a Good Idea For Sikhs?
"Sikh immigrants new to America may be wondering what Thanksgiving is all about and whether its a good idea to participate. Before making such a decision it's a good idea to have all the facts." From About.com's Guide to Sikhism, Sukhmandir Khalsa.

12 Thanksgiving Facts
Newcomers to the U.S. (and some of you who have been here for a while) might enjoy About.com's American History Guide Martin Kelly's Thanksgiving fast facts.

New York City: Thanksgiving 2009 Macy's Parade
"This annual tradition was started in the 1920's by immigrant employees of Macy's department store who wanted a festival." About's Guide for NYC for Visitors tells how to get the best viewing spot for the parade.

Photo: Michael Loccisano/Getty Images

Lou Dobbs for President?

Tuesday November 24, 2009

Lou Dobbs

Just when you thought the world (or at least your television) was rid of one less windbag telling us how undocumented immigrants are ruining this country, Lou Dobbs revealed yesterday that he is considering running for president.

Questioned by former senator and current radio show host, Fred Thompson, on the possibility of running for president in 2012, Dobbs answered, "Yes, is the answer," adding that his Mexican-American wife, Debi, will "help make that decision."

Dobbs has always maintained that he opposes illegal immigration, not legal immigration, but his anti-amnesty, pro-border enforcement views have crossed the boundaries, understandably leading many people to believe that Lou Dobbs is "anti-immigration."

And who could blame them? Dobbs uses phrases like "illegal alien invasion"; he has been accused of perpetuating myths and stereotypes about immigrants; he is supported by groups such as ALIPAC and FAIR, an organization the Southern Poverty Law Center has listed as an anti-immigrant "hate group." Dobbs' tales of undocumented immigrants contributing nothing to this country but disease and crime have done little more than feed into the public fear of "the other."

Over the years, Dobbs has done an excellent job of angering the pro-migrant and Latino communities. But as every presidential candidate knows, every vote counts, so would a hardcore anti-amnesty advocate like Lou Dobbs moderate his position to increase his appeal?

On yesterday's show, Fred Thompson asked Dobbs for his thoughts on "the status of the illegal immigration issue." Dobbs replied:

"Right now, the great quandary for the administration is how to complete its promised payoff and provide unconditional amnesty. Obviously there is not the support for it in neither the Senate--perhaps there is in the House, but certainly not in the Senate.

I don't doubt one bit that there will be a tremendous, vigorous effort to bring comprehensive immigration reform forward in the first part of the new year. But I think that if they continue to game the system instead of dealing honestly with the issues, it'll fail again as it did in 2006 and 2007.

All they have to do is be straightforward about securing that border. I'm not a restrictionist; I want a rational, effective humane immigration policy just as badly as anyone else in this country, but we can't control immigration if we don't control our borders, and if we don't control immigration, there is no way in the world to meaningfully reform immigration law."

Apparently Dobbs is feeling the need to clear the air and clarify his views on immigration, because he also posted his "pro immigration riff" yesterday on his website.

"I've said for some time that the only rational factor in this entire immigration crisis, illegal immigration crisis, is the illegal alien, trying to benefit himself, herself and better their lives."

"I have great respect for the people who make up the preponderance of the illegal alien population in our country, that is Mexican migrant workers."

Do you think the possibility of Dobbs becoming a presidential candidate will make him think twice before spouting off his critical and disparaging comments about undocumented immigrants, or are you more worried about Dobbs gaining a broader platform for his views on immigration?

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