Pennsylvania Town Enacts Laws Against Undocumented Workers

PENNSYLVANIA TOWN ENACTS LAWS AGAINST UNDOCUMENTED WORKERS. Hazelton, PA enacted one of the strictest laws in the nation, requiring that landlords pay fines of $1,000 for each undocumented immigrant found renting their properties and businesses could lose their licenses if they were found to employ an undocumented worker. Similar measures have been proposed in Escondido and San Bernardino, CA and Palm Bay and Avon Park Florida. According to Immigration Law Expert, Eli Kantor, these laws are illegal, since they are preempted by the Federal government's power to regulate immigration.

Beverly Hills Immigration Law

CONGRESS PLAYING POLITICS WITH IMMIGRATION LAW REFORM. According to Immigration Law expert, Eli Kantor, Congress is not serious about enacting comprehensive immigration reform legislation this year. Rather, since the midterm elections are coming in November, both parties have decided to turn immigration reform into an election year issue. Thus, instead of holding a joint House-Senate Conference Committee hearings to attempt to work out a compromise between the House "enforcement only"bill and the Senate's Comprehensive Immigration Reform, which attempts to address: border security; a temporary guest worker program and " a path to citizenship" for the estimated 12 million undocumented workers in the U.S. , the House has decided to spend the next 2 months holding hearings in a roadshow around the country trying to drum up support for its enforcement only approach and opposition to the Senate's more comprehensive approach, branding it an amnesty in disguise. Not to be outdone, the Senate has been holding its own hearings around the country to rally support for its comprehensive approach.

In the meantime, the Democrats fearful of being labeled as "soft" on immigration by the Republicans in an election year, have pointed a finger at the Republicans, questioning what they have done about "securing the borders" and enforcing employer sanctions, during the past 6 years that they have been in control of the Presidency, the Senate and the House. Consequently, the Bush Administration has now stepped up "enforcement". This change in policy was first announce in a DHS policy memo in April. Since that time their has been a huge upsurge in raids of employers. Significantly, Immigration is taking a very aggresive approach, using multi-agency task forces, working together with the IRS, the U.S. Attorney and the Social Security Administration. They have taken the previously unheard of steps of arresting the executives of the employers for not only for knowingly employing unauthorized employees, but also charging them with harboring aliens and transporting aliens, and tax fraud for using fraudulent social security numbers and documents. They have used both civil and criminal asset forfeiture statutes to seize the employer's property. Further, there has been a huge upsurge in Social Security Administration "mismatch letters" being sent to employers, notifying them that their employee's social security numbers do not match their names.

In the meantime, States and cities in Colorado, Georgia and Pennsylvania have been encacting ordinances making it a crime to rent to illegal aliens and barring them from all public services, except emergency medical services. It appears that the Democrats have decided that rather than try to forge a compromise with the Republicans, they would be better off with no bill at all, instead of a bad bill, and keep immigration for an issue in the November elections.

However, some Democrats, most notably Senator Diane Finestein have been attempting to reach a compromise. One idea that she floated was to have comprehensive immigration reform become law in phases, with border security being enacted first. Then after the secretary of the DHS could certify to the Congress that the borders had become "secure", the guest worker and Legalization programs would come into effect thereafter.

At this time it is extremely unclear what will happen. Stay tuned to this blog for the latest information.

Beverly Hills Immigration Law

ELI KANTOR APPOINTED MEDIA LIASON FOR AILA. Eli Kantor, Esq. has just been appointed as the Media Liason for the American Immigration Lawyers Association, Southern California Chapter for the upcoming fiscal year. This will be a critical period in the immigration debate, while the fate of immigration reform hangs in the balance. Therefore, getting the message out to the media for comprehensive immigration reform will be crucial to its success.

House is playing politics with Immigration Reform. Rather, than enter into serious negotiations to attempt to forge a compromise on Comprehensive Immigration Reform, the House Republican leadership has decided to make Immigration an issue for the Fall 2006 elections. Thus, rather than holding conference committee hearings with the Senate, there will be a series of public hearing in July and August in Washington D.C. and throughout the country on various issues concerning Immigration reform. Thereafter, they may hold a joint conference committee with the Senate. However, the closer that we get to the Fall elections, the more likely it is that nothing will be accomplished until next year, if at all. There is one possible compromise being floated in Congress: a two-step solution - first "border security" and "increased workplace enforcement", together with the creation of an electronic employment authorization verification system; and then after the Secretary of Homeland Security can certify to the Congress that the border has been secured and that a workable electronic employment authorization verification system has been established, the second phase of Immigration reform would begin - the "guest worker program" and the "legalization program" for the estimated 12 million undocumented workers in the US. Stay tuned for further developments.

EMPLOYERS NEED TO PREPARE FOR IMMIGRATION REFORM NOW. The Bush Administration has proposed two new reforms to insure that employers are employing workers who are authorized to work in the US. First, they have proposed that employers be allowed to keep I-9 employment authorization forms in electronically in digitized form. This would save space and also aid in searching them. Second, they have proposed new procedures for employers setting forth their duties and responsibilites when they receive "Social Security mismatch" letters, indicating that their employees social security numbers and names do not match with their account. The regulations will establish safe habor procedures for employers. However, they will also target employers for enforcement procedures if they repeatedly receive the mismatch letters. Accordingly, employers should be conducting internal I-9 audits at this time to ensure that their employees are authorized to be employed in the US before they are audited by the government. Hopefully, Immigration reform will be approved this year and they will be able to legalize those workers whose documents are not appropriate. However, if a new law creating a temporary worker is not approved, they must be prepared to deal with the increased workplace enforcement which is expected. For further information regarding these matters, contact ELI KANTOR at (310)274-8216; email dreli173@aol.com

Employers Need to Prepare for Immigration Reform Now

EMPLOYERS NEED TO PREPARE FOR IMMIGRATION REFORM NOW. According to Immigration and Employment Attorney, ELI KANTOR, Employers need to start preparing for Immigraition Reform now. Regardless of what the final immigration reform bill looks like or even if no bill passes at all, one thing is certain - there will be increased enforcement of employer sanctions. Just as the IRS made all employers into deputy tax collectors, Immigration is making employers deputy immigration inspectors, by requiring them to complete form I-9 for all employees and also by now requiring them to verify the accuracy of their employees' social security numbers when they receive "mismatch letters" from the social security administration. Enforcement of employer sanctions has already increased and will increase substantially. Therefore, employers should do preventative I-9 audits to verify that they have accurate and complete I-9 forms for all of their employees. For further information regarding I-9 audits, contact Eli Kantor, Esq. at (310) 274-8216

Beverly Hills Immigration Law

POSSIBLE HOUSE-SENATE COMPROMISE. As previously reported, the two differing immigration reform bills are miles apart. The House bill being "enforcement only", whereas the Senate addresses all 3 issues: 1) Securing the borders; 2) guest worker and 3) a "path to citizenship" for the estimated 12 million undocumented workers already here. The bill is now in the House-Senate Conference Committee where the parties are attempting to reach a compromise solution to this complex issue. It appeared that since the approaches were diametrically opposed to one another that it would be impossible to reach a compromise, since the House has been insisting upon "securing our borders first". However, now a possible compromise solution is being floated whereby first the "securing our borders" and "employer enforcement" would go into effect first, then after the secretary of Homeland Security certified to Congress that "the borders had been secured" and that "there was a system in place for employers to electronically verify employees work authorization status", the guest worker and the legalization portions of the immigration reform bill would go into effect. It is a potential creative solution to resolving an impasse. Stay tuned for further developments.

EMPLOYERS NEED TO PREPARE FOR IMMIGRATION REFORM NOW On Thursday, May 25, 2006, in a historic vote, the U. S. Senate passed the most signifcant immigration reform law in 20 years. This comprehensive immigration reform bill addresses 3 difficult problems: 1) securing our borders; 2) creating a temporary guest worker program to address labor shortages; and 3) what to do with the estimated 12 million undocumented immigrants in the country. (The details of the bill our explained in depth in my May 26th post, infra.)

The bill now goes to the House/Senate conference committee where it must be reconciled with the House bill which was past last December. The House bill only deals with the first issue: "securing our borders". It is "enforcement only". The rationale behind it is that first we need to reassert control over our borders. It proposes to build a 700 mile fence along the border with Mexico, adding 6,000 new border patrol agents, and it makes "unlawful presence in the US" into a felony. It also calls for more "interior enforcement" that is cracking down on employers, who employ undocumented workers. It raises the maximum fine for knowingly employing an undocumented worker from $10,000 to $40,000 and it includes criminal sanctions for repeat violators. The Senate version also calls for stiffer enforcement in the workplace, doubling the penalties for employers from $10,000 to $20,000.

At this time, it is uncertain what the final immigration reform bill will look like or whether it will pass at all this year. However, one thing is certain - there will be more enforcement in the workplace, with or without a new law. Right now, due to all of the political pressure, Immigration has already started to enforce the existing laws more vigorously. Therefore, it is incumbent upon all employers to conduct a "preventative internal I-9 audit" now, before they are audited by the government. Employers are required by law to complete a Form I-9, Employment Verification Form, for all of their employees at the time of hire, certifying that they have reviewed the employees documents and that they are authorized to work in the US. This is required for all employees, even native born US citizens. Further, if an employee's work authorization expires, the employer is required to fill out a new I-9 form with the updated information. Failure to do so may subject the employer to civil and criminal penalties.

Immigration to expand premium processing to new categories

Immigration to expand premium processing to new categories. Immigration has proposed expanding the use of premium processing to certain I-140's, I-539's and I-765's. As soon as the new rules have been finalized, I will post it.

H-1B Cap reached for fiscal year 2007

H-1B Cap Reached for Fiscal Year 2007 - On June 1, 2006 Immigration announced that as of May 26, 2006, they had received sufficient petitions to exhaust the H-1B allocation for fiscal year 2007. What this means in practical terms is that unless Congress acts to increase the H-1B quota, as has been proposed in the Senate's recently passed Comprehensive Immigration Reform bill, there will be no more new H-1B visas available until October 1, 2007. Stay tuned for further developments.

ELI KANTOR PARTICIPATES IN STRATEGY SESSION FOR IMMIGRATION LAWYERS TO ADVOCATE FOR PASSAGE OF COMPREHENSIVE IMMIGRATION REFORM LAW

ELI KANTOR PARTICIPATES IN STRATEGY SESSION FOR IMMIGRATION LAWYERS TO ADVOCATE FOR PASSAGE OF COMPREHENSIVE IMMIGRATION REFORM- On Tuesday, May 23rd, Eli Kantor participated in a strategy session of the American Immigration Lawyers Association, (AILA) where the AILA national president and also advocacy director updated the Southern California AILA chapter as to the latest legislative developments on the eve of the Senate's passage of the immigration reform bill. Eli Kantor discussed strategies for influencing the House/Senate conference committee by bringing political pressure to bear. Ideas mentioned were the creation of a speakers bureau to speak to trade asssociations as well as community organizations, and working with the media to influence public opinion.

SENATE PASSES COMPREHENSIVE IMMIGRATION REFORM LAW

SENATE PASSES COMPREHENSIVE IMMIGRATION REFORM LAW - On Thursday May 25th, in a historic vote, the U.S. Senate voted to approve compromise immigration reform legislation 62 to 36. This is the most significant reform of our immigration laws since 1986. It attempts to address 3 difficult problems: 1) securing our borders; 2) creating a temporary guest worker program to address labor shortages; and 3) what to do with the estimated 12 million undocumented immigrants in the country. The Senate bill authorizes the building of 370 miles of new fences and the addition of 6,000 new border patrol officers, and sending the national guard to the border to supplement the border patrol. It also creates a new temporary guest worker program for up to 200,000 temporary workers per year. The most controversial part of the legislation is what to do with the estimated 12 million people who are already here. After months of contentious debate and negotiations, they have finally worked out a "three tier compromise" whereby undocumented immigrants are divided into 3 categories: those who have been here for more than 5 years, those who have been here 2 to 5 years and those who have been here less than 2 years. Those persons who have been here for more than 5 years will be eligible for a "path to citizinship" through a program of earned adjustment, whereby they will be allowed to stay in the United States for 6 years as temporary workers and eventually receive a "green card" after paying a fine, back taxes, learning English and undergoing a criminal background check. Those persons who have been in the U.S. from 2 to 5 years, will be eligible to participate in the "guest worker" program; however, they will be required to leave the U.S. and then go to a port of entry and apply for readmission as a "tempory worker". On the other hand, those workers who have been here for less than 2 years will be required to leave or be deported. Of course, "the devil is in the details" as to how this program will be implemented. What level of documentation will be required to document how long they have been in the U.S. etc. Now, the Senate bill must be reconciled with the House bill which is :"enforcement only", that is it only is concerned with the first problem "securing our border". The house bill authorizes the building of a 700 mile fence along the border with Mexico, 6,000 new border patrol agents, more "interior enforcement", raising the penalty on employers who knowingly hire undocumented immigrants to up to $40,000 for repeated violations, and criminal penalties for repeated violators and most signifcantly, makes "unlawful presence in the U.S." into a felony, and makes renedering assistance to an undocumented immigrant a felony as well. Thus, it is clear that the gap between the House "enforcement only" approach and the Senate "comprehensive immigration reform" approach is enormous. President Bush is pushing very hard for the House and the Senate to iron out their differences in the House/Senate conference committee. President Bush would like to get a bill on his desk similar to the Senate version that he can sign before the November election. Whether he will or not is the question. Stay tuned for further developments.

The Senate Continues Debate on Immigration Reform

This week the Senate is continuing debate on immigration reform. Their goal is to vote by Thursday before the Easter recess; however, it is doubtful if they will achieve their goal.

Call your Senators and urge them to vote for Comprehensive Immigration Reform, including a guest worker program with a path to citizenship

The Senate is continuing debate on Immigration Reform.

The Senate is continuing debate on Immigration Reform. There stated goal is to vote by Thursday and pass a bill before they go home for the Easter recess. The debate is dragging on and it is unclear whether they will achieve their goal of voting this week.Call your Senator and urge them to vote for Compehensive Immigration Reform, including a guest worker program with a path to citizenship.

SEEING AMERICA THROUGH AN IMMIGRANT'S EYES


During the past 30 years of practicing immigration law, I have helped thousands of people from all over the world find a new life in America. They have given me numerous gifts: a samovar from Iran; an amethyst pen holder from Brazil; a glass owl with beady eyes from Mexico; a statue of a bear clutching a salmon between its teeth, from Vietnamese woman from Vancouver, Canada and countless others. However, the greatest gift that my immigrant clients have given me is the ability to see America through their eyes, as a land of hope, unlimited opportunities and freedom.

No matter what country my clients come from, they all want to come to America. Not just America, but to Southern California: the Chinese to Monterey Park; the Israelis to the San Fernando Valley; the Armenians to Glendale; the Mexicans to Los Angeles and the Persians to Beverly Hills. Although they may disagree with our foreign policy, everyone all over the world wants to come and live in America.

My clients have taken great risks and endured hardship to come here. Many of my Hispanic clients have risked their lives crossing the desert or swimming across the Rio Grande River to cross the border. I have Iranian clients who were smuggled out of Iran, riding donkeys to escape.

My clients have changed me as a person. They have taught me not to take the blessing of living in America for granted. I have learned from them to appreciate our society. Only in America can someone who is born into poverty have the possibility to rise up into the middle class or even the upper class in one generation, through a combination of hard work, grit and determination, a willingness to take risks and a little luck.

From my clients, I have learned that in America, anything is possible. They have thought me that it is never too late to learn a new language; and to change careers. I have learned from them that in America, each of us has the power to create our own destiny.

Elsa from El Salvador started out as a housekeeper cleaning other people's houses, and now she owns her own home. Chaim from Israel started out as a busboy at the Beverly Hills Hotel, now he owns a home in Beverly Hills across the street from it. Nissim from Israel started out as a house painter, now he owns several apartment houses. Seeing their success has encouraged me to take risks as well.

They have helped me to appreciate our freedoms that we take for granted: the right of religious freedom to worship as we please; freedom of the press and freedom of speech. Jews fleeing from Iran have described to me the religious persecution that they had suffered. Salvadorans fleeing the civil war in El Salvador have described their political persecution.

Being an immigration lawyer, I have learned from my clients to appreciate how blessed I am to have been born and raised in America, a land where anything is possible.

House is Holding Hearings on Raising the H-1B cap.

The House of Representatives is holding subcommittee hearings on raising the cap on H-1B visas. Hopefully, the cap will be increasesd. Contact your elected representatives.

The Fate of Immigration Hangs in the Balance

The Senate is debating comprehensive immigration reform today. Call your Senators and urge them to support the bill that was reported out of the judiciary committee, not the Frist "Enforcement Only" approach.

Beverly Hills Immigration Law

Beverly Hills Immigration Law - The full Senate is set to start debate on Immigration reform today. The question is which bill will be submitted to the Senate - the bill just voted out of the judiciary committee, which provides for Comprehensive Immigration Reform, including a guest worker program with a path to citizenship or Senator Frist's "enforcement only" bill. Call your Senators today and urge them to support the Comprehensive Immigration Reform bill that was reported out of committee.

Beverly Hills Immigration Law

Beverly Hills Immigration Law Yesterday, March 27, 2006, the Senate Judiciary past a comprehensive immigration reform bill, which is now being debated on the floor of the house. Call your Senators, and urge them to vote for the reform bill which provides for a "guestworker program" with a path to citizenship.

New Immigration Law

The U.S. Senate is currently debating a major comprehensive reform of Immigration Law. One key controversial provision is for a "guest worker" program, that would allow the estimated 12 million illegal immigrants now here to legalize their status, by obtaining guest worker visas for up to 6 years. At the end of 6 years they would have a "path to citizenship" where they would be able to get a "green card" by paying a $1,000 fine, and back taxes, and passing a criminal background check. Stay tuned for the latest developments.