Friday, July 30, 2010

Here is the leaked USCIS memo

What does this leaked Memo mean for CIR? I do not know , but The Tea Party is going to have a field day with this

Backdoor CIR?

The online publication Pro Publica reported that USCIS may be considering ways to act without Congressional approval to achieve many of the objectives of a Comprehensive Immigration Reform legislation. The article is worth reading and further reports that Sen Chuck Grassley, R-Iowa yesterday leaked an internal memorandum drafted by Alejandro Mayorkas outlining these measures. Sen Grassley who with six other senators apparently had written to President Obama more than a month ago, asking for his assurance that rumors regarding some sort of reprieve was in the works for millions of illegal immigrants weren't true.

http://www.propublica.org/article/obama-administration-considers-bypassing-congress-on-immigration-reform

Wednesday, July 28, 2010

US naturalized citizen of the day- Madeleine Albright


Madeleine Korbel Albright was born May 15, 1937 in the Czech Republic. She is the first woman to become a United States Secretary of State. She was appointed by U.S. President Bill Clinton on December 5, 1996.

Albright now serves as a Professor of International Relations at Georgetown University's Walsh School of Foreign Service.

One of the Best Quotes I have heard from a Court in a long time, maybe ever

While our adversarial system may permit such advocacy by private parties, when the United States appears before us, it is duty-bound to 'cut square corners' and seek justice rather than victory.

ICE launches onlines detainee locator system

U.S. Citizenship and Immigration Services (USCIS) is pleased to share some important news from U.S. Immigration and Customs Enforcement (ICE). ICE has announced the launch of the Online Detainee Locator System (ODLS) – a public, Internet-based tool designed to assist family members, attorneys and other interested parties in locating detained aliens in ICE custody. Please find attached an ICE News Release and an informational brochure in English and Spanish. The ODLS is located on ICE’s public website at www.ice.gov.

Saturday, July 24, 2010

Arizona Cop is against the Arizona Immigration Law

There hadn’t been much public indication as to how actual police officers felt, though, until Phoenix, AZ-based Officer Paul Dobson did a Skype interview two months ago with Brave New Foundation’s CuĂ©ntame project about how the new law made him feel. The answer? Like “a Nazi.”

Wednesday, July 21, 2010

My Home County , Hamilton County Ohio partners with ICE

Hamilton County to benefit from ICE strategy to enhance the
identification, removal of criminal aliens
Uses biometrics to prioritize immigration enforcement actions against convicted criminal aliens


CINCINNATI- On Tuesday, U.S. Immigration and Customs Enforcement (ICE) began using a new biometric information sharing capability in Hamilton County that helps federal immigration officials identify aliens, both lawfully and unlawfully present in the United States, who are booked into local law enforcement's custody for a crime. This capability is part of Secure Communities-ICE's comprehensive strategy to improve
and modernize the identification and removal of criminal aliens from the United States.

Previously, fingerprint-based biometric records were taken of individuals charged with a crime and booked into custody and checked for criminal history information against the Department of Justice's (DOJ) Integrated Automated Fingerprint Identification System (IAFIS). Now, through enhanced information sharing between DOJ and the Department of Homeland Security (DHS), fingerprint information submitted through the state to the FBI will be automatically checked against both the FBI criminal history records in IAFIS and the biometrics-based immigration records in DHS's Automated Biometric Identification System (IDENT).

If fingerprints match those of someone in DHS's biometric system, the new automated process notifies ICE.
ICE evaluates each case to determine the individual's immigration status and takes appropriate enforcementaction. This includes aliens who are in lawful status and those who are present without lawful authority. Once identified through fingerprint matching, ICE will respond with a priority placed on aliens convicted of the most serious offenses first-such as those with convictions for major drug offenses, murder, rape and kidnapping.

"The Secure Communities strategy provides ICE with an effective tool to identify criminal aliens in localcustody," said Secure Communities Executive Director David Venturella. "Enhancing public safety is at the core of ICE's mission. Our goal is to use biometric information sharing to remove criminal aliens, preventingthem from being released back into the community, with little or no additional burden on our law enforcement.

With the expansion of the biometric information sharing capability to Hamilton, ICE is now using it in five Ohio jurisdictions, including Butler, Cuyahoga, Franklin and Montgomery counties. Across the country, ICE is using this capability in 467 jurisdictions in 26 states. ICE expects to make it available in jurisdictions
nationwide by 2013.
"
The ability for local law enforcement to run fingerprints against the ICE database is a critical tool in protecting our streets and neighborhoods," Hamilton County Sheriff Simon L. Leis, Jr., said. "Aliens illegally
in our country committing crimes in our communities is unacceptable. We are happy to work with ICE to identify those illegal aliens in a streamlined fashion and expedite their removal."

Since ICE began using this enhanced information sharing capability in October 2008, immigration officers have removed from the United States more than 9,800 criminal aliens convicted of Level 1 crimes, such as murder, rape and kidnapping. Additionally, ICE has removed more than 24,800 criminal aliens convicted of level 2 and 3 crimes, including burglary and serious property crimes, which account for the majority of crimes committed by aliens. ICE does not regard aliens charged with, but not yet convicted of crimes, as "criminal aliens." Instead, a "criminal alien" is an alien convicted of a crime. In accordance with the Immigration and Nationality Act, ICE continues to take action on aliens subject to removal as resources permit.

The IDENT system is maintained by DHS's US-VISIT program and IAFIS is maintained by the FBI's Criminal Justice Information Services (CJIS).
"US VISIT is proud to support ICE, helping provide decision makers with comprehensive, reliable information when and where they need it," said US-VISIT Director Robert Mocny. "By enhancing the interoperability of DHS's and the FBI's biometric systems, we are able to give federal, state and local decision makers information that helps them better protect our communities and our nation.""Under this plan, ICE will be utilizing FBI system enhancements that allow improved information sharing at the state and local law enforcement level based on positive identification of incarcerated criminal aliens," said Daniel D. Roberts, assistant director of the FBI's CJIS Division. "Additionally, ICE and the FBI are working together to take advantage of the strong relationships already forged between the FBI and state and local law enforcement necessary to assist ICE in achieving its goals." For more information, visit

www.ice.gov/secure_communities (http://www.ice.gov/secure_communities/

Tuesday, July 20, 2010

US Naturalized Citizen of the Day- Ingacia Moya

Normally this blog post features a "famous" naturalized citizen. However , this naturalized citizen of the day is special as she became a US citizen at the age of 106 years old.

"She's frail, blind and has trouble with her hearing, but at 106 years old, Moya proved that you're never too old to become an American citizen."

Click the title to read the story. Amazing.

Monday, July 19, 2010

Obama Deploys Troops to the Boarder

Department of Homeland Security and DOD announced that National Guard deployments to the Southwest border will begin on 8/1/10 as part of the administration's efforts to combat the transnational criminal organizations that smuggle weapons, cash and people across the Southwest border.

The Illegal Alien Debate

Written by: Crystal Williams, AILA

Yesterday, I looked down at my speedometer to see that I was driving at 55 mph in a 40 mph zone. I clearly was in violation of traffic laws.

I came home to notice my neighbor firing up a barbeque grill on his balcony–a definite violation of the city fire code.

I then read about how a list of supposed “illegal immigrants” was assembled and circulated in Utah, a probable violation of a host of laws, particularly if, as accused, it was state government employees behind the list.

Yet no one calls me or the millions like me an illegal driver. No one would think to call my neighbor an illegal griller. And has anyone called the Utah culprits illegal list-makers? Not to mention, would anyone dream of converting the adjective into a noun and calling us all “illegals”? Yet, we are all just as “illegal” as the people who are in the U.S. in violation of the immigration laws. (And, yes, the grilling and, in the jurisdiction it happened, the speeding are civil, not criminal, violations. But so is being unlawfully present in the U.S.)

Every time I speak publicly about immigration, I get the predictable crop of sloganeering and hate emails, with the former usually saying “what part of illegal don’t you understand?”

So, let me answer. People who have come to the U.S. to pick our crops, clean our tables, maintain our yards and take care of our children or grandparents are referred to as “illegals,” as though they are somehow heinous people, and yet those of us who put ourselves and others at risk of potentially fatal car wrecks or fires, or those who have put others at risk of identity theft, vengeful violence, and sheer privacy invasion, are not heatedly condemned.

That is the part of illegal that I don’t understand.

Immigrant student protest

Immigration Court Backlog

Immigration caseload is growing

by: GINNIE GRAHAM World Staff Writer
Sunday, July 18, 2010
7/18/2010 7:43:14 AM

OKLAHOMA CITY — At a Monday immigration court session, Judge Richard R. Ozmun set hearings after presiding over arguments in two cases originating in Tulsa County.

The next available hearing dates are in 2011.

In one case, a single man with American children and grandchildren was arrested after a therapist contacted police when his 16-year-old daughter said he allegedly hit her during an argument about her behavior, his attorney said. He entered the country illegally in 1980.

The other case is a Tulsa resident who came to the country illegally in 1997, married a U.S. citizen and fathered four American-born children. He was stopped by Tulsa police for speeding and detained for immigration, his attorney said.

Both immigrants want a hearing to argue legal reasons for relief from the U.S. Homeland Security's orders to leave. Dates for those hearings are in April 2011 and May 2011.

"This crazy calendar makes it so far out," Ozmun said from the bench while looking at the schedule.

Oklahoma's immigration court, which is part of the regional Dallas office, is experiencing a decade-high number of cases and an increasing backlog.

Immigrants will wait at least nine months to a year between the initial appearance and a hearing date. In some larger cities, the wait can be up to three years.

In most cases, they will be free on bond while awaiting a resolution of their case.

Criminal prosecutions referred by the two largest immigration investigative divisions within the U.S. Department of Homeland Security are also rising, according to a recent report from a University of Syracuse-based data tracking organization.

This leap in prosecutions has reached comparable levels last experienced during the Bush Administration, according to the report from the Transactional Records Access Clearinghouse (TRAC), a non-profit organization.

While the U.S. Department of Homeland Security handles enforcement of immigration laws, the U.S. Department of Justice oversees administrative hearings immigrants may seek to protest removal orders.

Two major parts of the administrative process are the initial appearance, called a master calendar, and following that, a hearing on the merits.

"It used to be within six months, now it's pushing close to a year," said Tulsa attorney David Sobel, who has specialized in immigration law for more than a decade.

"For a lot people, time is their ally. The laws may change or something else can happen in their favor."

The Dallas immigration court, which has jurisdiction over Oklahoma cases, have experienced a growth of about 12 percent since 2000, according to the Justice Department.

Nationally, cases received by the courts compared with 2008 levels vary, with the largest increase in Tucson, Ariz., a 279 percent increase.

Cases reached an all-time high of nearly 243,000 at the end of March, an increase of 6 percent from November and about 30 percent higher than October 2008, according to TRAC.

The Justice Department has 230 judges across the nation hearing cases, which are guided by U.S. law and past legal precedents.

Tulsa attorney Ian Brattlie, who handles immigration cases for Catholic Charities, said the time lag impacts private attorneys more than those in the nonprofit sector or providing representation pro bono.

Typically, it is more difficult for a private attorney to take on cases that may have a long wait based on the fees collected for rendering services.

"Aliens, obviously, have a different stress when being in removal proceedings to over a year," Brattlie said. "But as a general rule, I prefer longer dockets to short ones."

The wait for a resolution has grown to a national average of about 443 days, with California topping the list at an average wait of 619 days.

Oklahoma's wait time is just under a year, according to TRAC.

"Most of the time this is beneficial to the client as it gives them the time to gather all the documentation the court needs to be able to properly evaluate their cases," said Oklahoma City immigration attorney Larry Davis.

"Oklahoma City it doing pretty good compared to other parts of the country. I understand that Atlanta is two years out and that Los Angeles and San Francisco are almost three years out."

A TRAC report released in May states that caseloads vary based on factors such as changing enforcement in different states and municipalities.

"The backlogs of pending cases are driven by numerous factors. Chief among them is the number of available judges in a particular locality relative to the caseload demand," the report states.

"Also important is the number of available judges. One court may have added more judges, while another may have recently lost a judge whether through retirement, promotion, transfer or death. Adding to this mix of forces is the different composition of cases that each hearing location handles."

Nearly all Oklahoma hearings are held at the Homeland Security's U.S. Citizenship and Immigration Services office located in Oklahoma City.

For inmates convicted of crimes and serving sentences in prisons, hearings may be held at the detention center.

The hearings in detention centers generally have shorter wait times because the Justice Department usually assigns a higher priority to prevent backlogs at the facilities, according to the report.

"The Court does schedule detained alien cases much quicker, usually within six weeks," Davis said. "This is probably good because most of those types of cases involve more serious offenses."
Criminal Prosecutions
Immigration and Customs Enforcement (ICE) and the Customs and Border Protection agencies referred 9,135 new cases for prosecution, according to TRAC, which uses the federal Freedom of Information Act to retrieve the data.

These prosecutions are handled by U.S. attorneys in federal courts.

Immigration and Customs Enforcement set a record number of prosecution referrals since the agency's creation in 2005.

In March and April, the agency referred 4,145 cases, which surpasses the previous high of 3,777 in July and August 2008 and 3,787 in July and August 2009.

The most common charge is for "re-entry of a deported alien," with 2,285 filings in U.S. district courts in April. The second-highest offense is "bringing in and harboring certain aliens," with 329 charges filed in April.

The U.S. magistrate courts handle less serious misdemeanor cases, with the most frequent filing (63 percent) involves "entry of alien at improper time or place."

In Tulsa's U.S. Northern District Court, the prosecutions have more than tripled — from six cases last year to 21 cases so far this year. All are for immigrants illegally living in the country after a previous deportation.

Local federal officials cite new Homeland Security programs for the increase. These programs allow for a person's citizenship status to be detected by jail or prison officials after coming into custody.

If convicted of immigration violations prosecuted by a U.S. attorney, a defendant could face up to 20 years in a U.S. prison before facing deportation.

During March and April, 14,912 new cases were referred by Customs and Border Protection. That total is the highest two-month amount since September and October 2008, when the figure was 16,127, according to TRAC.

About 98 percent of customs and border referrals went to judicial districts in border states — Texas, Arizona, California and New Mexico.

"In contrast, ICE activity was spread through the U.S. with the southwest border districts accounting for less than half of prosecutions referred by that agency," the TRAC report states. "While the southwest border districts showed a jump of one third, the rest of the nation showed an even larger increase (51%) from the levels seen two months earlier."

Friday, July 16, 2010

US naturalized citizen of the day- Ayn Rand


Ayn Rand was born February 2, 1905 in Russia. She was a novelist, philosopher,[2] playwright, and screenwriter. She is known for her two best-selling novels and for developing a philosophical system she called Objectivism. . She first achieved fame in 1943 with her novel The Fountainhead, which in 1957 was followed by her best-known work, the philosophical novel Atlas Shrugged.

Wednesday, July 14, 2010

H-1b FY2010 Cap update

As of July 9, 2010, approximately 24,800 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 10,600 H-1B petitions for aliens with advanced degrees.

Please call The Fleischer Immigration Group of Cohen , Todd Kite & Stanford in Cincinnati , Ohio to process your H-1b visa. (513) 421-4020

US naturalized Citizen of the Day- Zbigniew Kazimierz Brzezinski


Zbigniew Kazimierz Brzezinski was born March 28, 1928 in Warsaw, Poland. He is an American political scientist, geostrategist, and statesman who served as United States National Security Advisor to President Jimmy Carter from 1977 to 1981.