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Immigration Tag

Posted by Kemberlee Kaye on December 18, 2015 63 Comments
Having spent years working in immigration law, the current immigration cluster is enough to make me want to neck punch the entire internet (except for commenters who like my posts, of course). Of the many immigration rhetoric atrocities that make my blood boil, one of the worst is the lax use of terms like "amnesty" and "pathway to citizenship." "Pathway to legalization" is also on that list. These poor, defenseless terms are tossed about without regard for their respective definitions. They're used interchangeably, mischaracterized, and generally abused by armchair immigrationers and political reporters alike. Words matter. Definitions matter. Not being an ignoramus? Also important. So let's talk about these terms, shall we?

The "A" Word

Posted by Kemberlee Kaye on December 17, 2015 18 Comments
Among the various random provisions in the 2,000+ page omnibus spending bill rattling around Congress is the amending the condition of the H-2B visa annual cap. The bill itself is indefensible. Cobbling together a 2,000 page tax-payer funded Christmas wish list, expediting it through both chambers and on to the Oval Office within 72 hours is hardly good government. It's particularly problematic when the bill is spiked with substantial immigration reforms. That being said, is amending the H-2B visa allocation a bad thing? The H-2B visa (along with its H-2A counterpart) is the guest worker program everyone on the immigration reform bandwagon loves to talk about but pretends does not exist. H-2Bs are for seasonal, one-time employment only. They're not used, nor will they be approved if the job is ongoing under normal circumstances. H-2Bs typically cover the oft cited, "jobs Americans don't want." H-2Bs are job specific, employer specific, and rarely (in my experience) see dependents tagging along. Employers are required to pay all costs for getting people here and sending them home. Like most other visa types where work is permitted, petitions must first be approved by the Department of Labor (DOL) before being sent to United States Citizenship and Immigration Services (USCIS) for processing.

Posted by Kemberlee Kaye on December 16, 2015 18 Comments
Legislation designed to strengthen the existing Visa Waiver Program was lumped into the massive omnibus bill. The Visa Waiver Program currently allows foreign nationals holding citizenship from any of the 38 participating countries (there are a few other qualifying factors) to bypass consular processing in order to request entry to the U.S.. Though the House bill was introduced in January, the terrorist attacks in Paris last month prompted Congress to consider legislation designed to strengthen the existing Visa Waiver Program of which France is a particpant and, “help prevent terrorists from entering the United States,” said Senator Jeff Flake (R-AZ). USA Today reported Wednesday:
The visa-waiver provisions were included in a 2009-page spending bill to fund the federal government until next October. The House and Senate are expected to vote on the bill without changes by Dec. 22.
I read both the House and Senate version of the bill last week and outlined them in painful detail here. In sum, the bill could be a little stronger, but it makes solid, substantive reforms to the existing visa waiver program.

Posted by Vijeta Uniyal on December 14, 2015 4 Comments
There was a sense of panic on the political stage in France as two mainstream parties Conservatives and Socialists scrambled to prevent French regional government from falling into the hands of Front National in the second round of the voting. Last week, Front National under the leadership of Marine Le Pen had emerged as the leading political party ahead of President François Hollande’s Socialists and former French President Sarkozy’s conservative Les Républicains in the first round of the French Regional Elections. Before the second round of polling, the Socialists pulled out their candidates in key constituencies in a bid to thwart Front National. The tactical voting worked and Socialists voters opted for Sarkozy’s Les Républicains to shut out Front National from the regional government, preventing a historic win for the Right-Wing party. British Newspaper The Telegraph reports:
The far-Right Front National was thwarted in its bid to clinch a historical electoral victory in France on Sunday after failing to secure power in any of the country’s 13 regions.

Posted by edgeofthesandbox on December 13, 2015 7 Comments
If, dear reader, you are wondering how easy it is to lie to the United States immigration officials, you are not wondering alone. A little over 25 years ago I, along with other Soviet Jews, were going through the immigration process wondering out loud about how easy it would be to deceive our future homeland. That wasn't our main concern, however.  Our main concern was the politics surrounding admission of refugees from the USSR because we knew that ultimately the question of us coming to America was a political one -- just as it is today. We were interviewed abroad, in Italy, and the interview consisted mainly of personal questions, related to political views and religious issues. [caption id="attachment_153649" align="alignnone" width="500"]http://www.emmitsburg.net/archive_list/articles/misc/cww/2011/soviet_jews.htm [Soviet Jews arriving at Vienna train station][/caption]Our scaredy grannies on blood pressure meds feared the day of the embassy trip; no doubt contemporary college students would find it "triggering". Seniors laughed and cried and then cried again when asked "Did you ever work for or associate with (either directly or indirectly) with the Nazi government of Germany?"

Posted by Kemberlee Kaye on December 11, 2015 4 Comments
Following the terrorist attacks in Paris last month, Congress is considering legislation designed to strengthen the existing Visa Waiver Program of which France is a particpant and, "help prevent terrorists from entering the United States," said Senator Jeff Flake (R-AZ). Subsequent investigations of the Paris attackers revealed a troubling trend -- homegrown extremism. With countries like France breeding a new generation of terrorist, easy accessibility to the United States is once again under the microscope. But, will the bill (in its current form) actually bolster security or is it a feel-good fix?

The existing Visa Waiver Program

Foreign nationals holding citizenship from any of the 38 participating countries (there are a few other qualifying factors) are able to bypass consular processing in order to request entry to the U.S..

Posted by Vijeta Uniyal on December 10, 2015 20 Comments
TIME magazine named German Chancellor Angela Merkel as its Person of the Year. The New York-based magazine praised “her resilience and leadership when faced with the Syrian refugee crisis and turmoil in the European Union over its currency this year.” Angela Merkel is the first women to lead Germany and last month completed uninterrupted 10 years at the helm of Europe’s largest economy. Merkel has often been referred to as the most powerful woman in the world. In fact TIME's celebratory issue’s cover story calls her “the Chancellor of the Free World.” Since President Obama has abandoned the leadership of the Free World as a matter of principle, the top job was up for grabs anyway. The problem is only the direction Merkel is steering the Western World in face of the historic migrant crisis. To give credit where it’s due, the liberal editors at TIME Magazine had quite a tough time picking this year’s winner. German Chancellor was pitted against “Black Lives Matter” activists, Islamic State’s “Caliph” Abu Bakr al-Baghdadi, celebrity transgender Caitlyn Jenner, and Iran’s dictator Hassan Rouhani. Republican hopeful Donald Trump was upset over the fact that judges at TIME didn’t chose him for this year’s award, and as Trump (rightly) put it, “picked a person who is ruining Germany.”

Posted by Sarah Rumpf on December 07, 2015 159 Comments
Presidential candidate Donald Trump sucked up all the media oxygen yet again on Monday when his campaign released a statement calling for "a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on." Many on Twitter assumed at first that the statement was a hoax, but it was tweeted by Trump senior adviser Dan Scavino, and then posted on Trump's website and retweeted by Trump himself, who called it "a very important policy statement on the extraordinary influx of hatred & danger coming into our country." Trump campaign manager Corey Lewandowski confirmed to the Associated Press that the intention was for the ban to apply to "everybody," including both immigrants and tourists. The Hill asked Trump spokeswoman Hope Hicks if this would include Muslim-American citizens who were currently abroad, Hicks replied by email: "Mr. Trump says 'everyone.'" https://twitter.com/JonahNRO/status/673987103232012289 Trump also retweeted several tweets from David Brody with the Christian Broadcasting Network that described his proposed Muslim ban as an act of "bravery" that would likely "give him a boost with evangelicals."

Posted by Vijeta Uniyal on December 07, 2015 12 Comments
The popular rebellion against Europe’s migration policy has reached the European heartland, with a day that saw one of the worst defeats for the France’s traditional Socialist Party and a historic win for the far-right Front National. The anti-migration and anti-EU party Front National (FN), with Marine Le Pen at the helm, secured 28 percent of the votes and took lead in 6 out of 13 regions that went to polls. The is a huge gain for the far-right party compared to only 11 percent it got in the last regional elections in 2010. Front National has never held the leadership of a French region before in party's more than 40 years of existence. In French regional election being held from December 6-13, 2015, 13 Regional Presidencies within mainland France and 5 Presidencies overseas (out of total 27) are up for grabs. The regions in France hold limited powers, as the country in centrally governed from Paris since the Napoleonic times, but the provincial governments get to manage big regional budgets.

Posted by Kemberlee Kaye on December 04, 2015 3 Comments
Earlier this week, Texas Attorney General Ken Paxton filed a complaint seeking to block resettlement of six Syrian refugees. Sarah Rumpf reported:
The lawsuit names as defendants various federal entities such as the Department of State, Secretary of State John Kerry, the Department of Health and Human Services (HHS), and HHS Secretary Sylvia Burwell, as well as International Rescue Committee, Inc., a nonprofit organization involved in refugee resettlement. According to the the complaint, the Refugee Act of 1980 (8 U.S.C. § 1522) “establishes a framework for collaboration and cooperation” between the federal government, state and local governments, and volunteer nonprofit organizations, and also requires that the federal government and these private groups “shall consult regularly” and work “in close cooperation and advance consultation” with the states about “the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities.” The Texas HHSC was told during a phone call with International Rescue Committee that the group intended to resettle two families of Syrian refugees — a total of six people — in Dallas, Texas this week, possibly as early as Thursday, December 3. However, as the complaint alleges, neither this nonprofit group nor the federal government have met their obligations under the Refugee Act of 1980 to consult with Texas about these refugees. Therefore, Texas is demanding that the court order the federal government and International Rescue Committee to comply with the law by consulting with Texas and providing the requested information, and to block the resettlement of these Syrian refugees until that occurs.
Friday, Paxton withdrew the complaint:

Posted by Vijeta Uniyal on December 03, 2015 4 Comments
Hungarian Prime Minister Viktor Orban claims that Germany has struck a secret deal with Turkey to resettle 500,000 additional refugees in Europe. The revelations came just days after the EU and Turkey reached an agreement to curb the inflow of migrants. According to Prime Minister Orban, the 'secret pact', which is not part of the deal reached over the weekend, would be announced by Germany in the coming days. European leaders denied any secret deal with Ankara. However, an European Commission officials, quoted by Bloomberg, confirmed EU's intentions to bring in migrants to Europe in a "managed, open, and voluntarily process.” London-based newspaper The Independent reports:
Germany has struck a secret pact with Turkey for the European Union to take in as many as half a million Syrians currently living in Turkish refugee camps, Hungarian Prime Minister Viktor Orban has claimed. While EU officials were vociferously denying the suggestions of a secret deal with Ankara, they did not dispute that efforts are being made to manage the resettlement of Syrians in Europe more efficiently. Speaking in Budapest, Mr Orban said an EU agreement on the transfer of refugees from Turkey would be announced in Berlin on 3 December or the day after. “A nasty surprise lies in wait for Europe,” he said.

Posted by Mike LaChance on November 26, 2015 16 Comments
Illegal immigration and terrorism are hot political issues in the 2016 election, which makes things difficult for Democrats who aren't allowed to say "radical Islam" or "illegal immigrants." Hillary Clinton recently used the latter term at a campaign event in New Hampshire and has now been forced by the left to do penance. Dan Merica reported at CNN:
Clinton says her use of term 'illegal immigrant' was a 'poor choice of words' Boulder, Colorado (CNN) - Hillary Clinton said Tuesday that her use of the term "illegal immigrant" at a town hall in New Hampshire earlier this month was a "poor choice of words." "That was a poor choice of words," Clinton wrote during a Facebook chat. "As I've said throughout this campaign, the people at the heart of this issue are children, parents, families, DREAMers. They have names, and hopes and dreams that deserve to be respected."

Posted by Vijeta Uniyal on November 26, 2015 13 Comments
In a show of defiance against the European Union, Poland's newly-elected conservative Prime Minister Beata Szydlo has broken with the practice of her liberal predecessors and decided to remove the EU flag from her weekly news conference. Last month, Prime Minister Szydlo's conservative Law and Justice Party won a landslide victory on an anti-immigration and Eurosceptic platform. The new Polish government is opposed to the EU-backed German proposal to distribute migrants across EU member states. Poland is only willing to accept displaced Christians from the Middle East.

Posted by Kemberlee Kaye on November 20, 2015 11 Comments
Wednesday, I argued that debate over the Syrian refugee crisis detracts from the heart of the issue -- President Obama’s incompetency combatting radical Muslim terrorist cells. Had this administration some semblance of strategy or will to win, the contentious and overly politicized refugee debate would be nonexistent. There would be no need for for the masses to flee heinously violent Islamist terrorists.
The better discussion here is not refugees that will take at least 18 months to vet, but how an absence of overall strategy has resulted in an emboldened ISIS. Speaking from Turkey earlier this week, President Obama renewed his commitment to stay the course with the current strategy to fight ISIS (whatever that is) and admitted he has no interest in, “pursuing some notion of American leadership or America winning,” an attitude that become more obvious by the day.
Prior to Thursday's House vote to halt President Obama's Syrian refugee proposal, Rep. Trey Gowdy also argued that, "the people in charge of our foreign policy seem more interested in treating the symptoms," rather than addressing why thousands are fleeing their homeland.

Posted by Kemberlee Kaye on November 18, 2015 12 Comments
Wednesday, Bloomberg released a poll that captured national attitudes on America's commitment to take in 10,000 Syrian refugees. In the wake of Friday's Paris attacks, 53% of Americans polled opposed continuation of plans to assist in the resettling of Syrian nationals seeking refugee status. According to Bloomberg, "Just 28 percent would keep the program with the screening process as it now exists, while 11 percent said they would favor a limited program to accept only Syrian Christians while excluding Muslims, a proposal Obama has dismissed as “shameful” and un-American." Mirroring the sentiments found in the Bloomberg poll, a bevy of Republican governors also indicated unwillingness to accept a portion of Syrian refugees. As we discussed earlier this week, while Governors do not have legal authority to determine what individuals gain entrance into the United States, they can complicate the resettlement process by refusing to cooperate with federal authorities. Also at question is the vetting process. As with all visa or immigrant petitions issued by the federal government, the vetting process takes awhile. Applicants are run through FBI background checks, health screens, interviews, and other scrutiny before receiving an opportunity to request entry to the United States. For those seeking refugee status, the wait time clocks in at about 18 months. Caps are set on the number of refugees to be admitted by region. Similar caps apply to other visa types. According to the Department of State, 70,000 individuals were admitted under refugee status in 2013, only 36 of which were Syrian nationals. In 2012, only 31 of 76,000 refugees were Syrian. So why all the fuss now?

Posted by Leslie Eastman on November 18, 2015 7 Comments
We recently reported that San Francisco’s “sanctuary sheriff” lost his re-election bid, defeated in large part because of the release of an illegal immigrant accused of killing Kate Steinle while she walking on the city waterfront with her father. This defeat has helped fuel the launch of an initiative so that California voters can eliminate sanctuary cities in this state:
A California group has launched a ballot initiative to eliminate sanctuary cities, hoping to take power away from state and local lawmakers who have banned their police and sheriff’s deputies from cooperating with federal deportation authorities. “This should be a warning sign to elected officials in other sanctuary cities that the majority are opposed to their refusing to cooperate with federal authorities,” said Ted Hilton, the man behind the new ballot initiative. ...Mr. Hilton’s ballot initiative would effectively overturn the Trust Act, requiring police to notify federal authorities every time they encounter an illegal immigrant. Federal agents could still refuse to deport them, but the state would have done its part. State and local authorities would also be required to comply with federal agents’ requests to be notified when an immigrant wanted by ICE is to be released, and to honor “detainer” requests asking that immigrants be held for pickup.

Posted by Fuzzy Slippers on November 15, 2015 18 Comments
As the Republican presidential primary heats up, illegal immigration is again taking center stage.  While this is nothing new (as we know President Reagan attempted to address it in the '80s, John McCain made it a priority in '08, and on), the discussion has taken an interesting turn this election cycle. At issue, of course, are Obama's executive amnesty, the recent influx of illegal immigrants (including huge numbers of children), the vast number of illegals currently living and working in the U.S., border security (such as it is), and a host of related issues including the burden of illegal immigration on tax payers in terms of jobs, health care, schooling, police and judicial involvement, and various entitlement costs. Marco Rubio's involvement with the Gang of Eight, particularly his decision to work closely with Chuck Schumer, has not gone unnoticed by either the conservative base nor by the other presidential hopefuls.

Posted by Katy Grimes on November 12, 2015 21 Comments
Struggling under a record 181,000 migrants arriving into Germany just in October, many are calling for a limit to the highest refugee flow into Europe since World War ll. Traveling recently from Amsterdam through Germany and Austria, into Budapest, Hungary, I witnessed the mass migration in Germany in several towns. I spoke to residents, shopkeepers, tour guides, restaurateurs, and bar keepers about the immigrants in several towns I traveled. In every discussion, they expressed concern, dismay, and fear at what will happen to their country with the inflow of Muslim migrants.  In some German towns, police recommend separating Christian and Muslim immigrants. Fights regularly break out involving hundreds of immigrants at a time in the housing facilities. There are reports in German newspapers that police are overwhelmed. Most expressed frustration and a disconnect with their politicians, who claim Germany can handle the immigrants. The German people aren’t so sure about the flow of so many new foreign arrivals from such a different culture, and say their country lacks the ability to accommodate them.
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