Most Americans Support Path to Citizenship, Study Finds

The Public Religion Research Institute found that 63% of Americans supported a path to citizenship for people currently living in the U.S. without legal immigration status. The survey, published today, showed that support is widespread among people of different political parties, religions, and geographic locations within the U.S.

We'd like a path to citizenship, but we're not out of the woods yet.
Photo credit @StooMathiesen on flickr; used under Creative Commons license.

Only about one-fifth of the people surveyed wanted to increase harsh immigration enforcement strategies such as deportations. Even fewer numbers of people liked the idea of allowing undocumented people to gain green cards, but not full citizenship.

More people said they felt that the U.S. immigration system is "completely broken" in response to this survey, conducted in November, than they did in March of this year.

Survey respondents continued to be divided on the question of increased border security and fence construction, with about half in favor and slightly less than half opposed.

To learn more, visit the Public Religion Research Institute's website, and for more information on this survey please read the related article at the New York Times.

Government relies on nonexistent Mexican law to deny U.S. Citizenship for over 20 years

Well, this is interesting.  For over twenty years, Sigifredo Saldana Iracheta insisted he was a U.S. citizen because he was born to an American father and a Mexican mother in a city just south of the Texas border. The federal government rejected his claims over and over again, deporting him at least four times and at one point detaining him for nearly two years as he sought permission to join his wife and three children in South Texas.  The government argued that the only way for Saldana to gain legal legitimacy would have been for his parents to marry, which they never did. 

In its September 11^th decision, the Fifth Circuit Judge Jennifer Walker Elrod disagreed with the government finding that Saldana acquired citizenship through his U.S. Citizen father, met the U.S. citizenship requirements of INA §§ 301 and 309, and remanded with instructions to vacate or terminate the order of removal.

The problem with the government’s argument, the Judge Elrod point out, was that it relied on provisions of the Mexican Constitution that either never existed or do not say what DHS claimed they said.  In rejecting Saldana's claim to citizenship, the government had applied case law from 1978 that cited Article 314 of the Mexican Constitution, which supposedly dealt with legitimizing out-of-wedlock births. This provision never existed.  

Most recently, the government had cited to a different provision of the Mexican Constitution, Article 130, to deny Saldana’s claim in 2004. While this provision does exist, it only states that marriage is a civil contract, as opposed to a religious one and says nothing about legitimation or children.  Under the law applicable at the time, even though he was born out of wedlock, Saldana was formally acknowledged (or “legitimated”) by his father when his father placed his name on Saldana’s birth certificate before the official registry.

At oral arguments last month in Houston, Judge Elrod was incredulous: “These people are citizens by their birth, and for 35 years the government has been telling them you are not citizens because of this law that doesn't exist.”  Most denials such as Saldana’s are never appealed, often because the people involved do not have the money to pursue the matter to higher courts.  This crucial break-through in the law is a testament to Saldana’s persistence.  

Senate Judiciary Committee Approves Immigration Bill

After intense debate, the Senate Judiciary Committee approved the "Gang of 8" immigration reform bill. Now that it has been approved in committee, it will go to the entire Senate for approval.

The committee debated over two hundred amendments to the bill, and compromised on some important points. The main purpose of the bill, to provide a path to citizenship for undocumented immigrants, remains in the text. However, the availability of this pathway is conditioned on the success of border security measures. Technology companies cheered a provision that would increase the number of H-1B technical worker visas allowed each year, while labor unions opposed the measure. 

The bill does not include a provision that would have allowed gay and lesbian U.S. citizens to petition for their same-sex spouses to gain status. Judiciary Chairman Patrick Leahy wrote the amendment, but withdrew it amid fears that Republicans would use it to block the passage of the bill.  Multiple senators expressed great regret at the decision to remove the amendment, with Sen. Chuck Schumer calling it "rank discrimination" to treat same-sex spouses differently under immigration law. Although this amendment will not be included in the language of the bill, there is a possibility that same-sex spouses could receive the same immigration opportunities as opposite-sex spouses currently do, if DOMA is overturned in the Supreme Court.

Some harsh provisions were removed from consideration, including Senator Ted Cruz's suggestion of barring immigrants for life from receiving public assistance.  Senators also added some measures to protect immigrants' rights, such as a ban on raids in schools, hospitals and places of worship.

Glickman Turley's attorneys are closely following the debates in Congress. We are thinking ahead about options for our clients under the new laws. Contact us today if you have immigration questions.

First Draft of Immigration Reform Bill

On Wednesday this week, a bipartisan group of Senators filed an 844 page immigration bill on the Senate floor, setting the stage for months of public debate over the proposal.  The bill, called the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, is complicated and full of mechanisms meant to tackle border security, the allocation of visas, methods of employment verification and the much-debated citizenship path.

The first part of the bill focuses on border security with the stated goal of achieving and maintaining effective control in high-risk sectors along the Southern border.  The bill would appropriate significant funding for border security, including revamping surveillance systems and detection capabilities, hiring additional border patrol agents, using unmanned aerial systems to patrol the border, and erecting additional fencing.

The second part of the bill addresses legalization and legal immigration.  The bill would allow undocumented immigrants to adjust their status to the legal status of Registered Provisional Immigrant (RPI).  An individual would be eligible if they resided in the U.S. prior to December 31, 2011 and maintained continuous presence since then.  RPIs would have to pay a $500 penalty fee (except for DREAM Act eligible students) and assessed taxes, in addition to the application fee.  Applicants would be ineligible if convicted of a felony, three or more misdemeanors or an offense under foreign law; if they had unlawfully voted; or if they are inadmissible for other criminal, national security, public health or morality grounds. 

Spouses and children of people in RPI status could derive status from the principal applicant, but would have to be living in the U.S. at the time of application.  Individuals currently in removal proceedings and with removal orders would be allowed to apply.  Interestingly, it also allows individuals outside of the U.S. who were previously here before December 31, 2011 and were deported for non-criminal reasons to reapply to re-enter the U.S. as an RPI if they were the spouse, parent or childe of a U.S. Citizen or Lawful Permanent Resident.

The proposed application period to apply for RPI status would be 1 year with the possibility of an additional 1-year extension.  RPIs would be allowed to work for any employer and travel freely outside of the U.S.  RPI status would last for a 6-year term and would be renewable so long as the immigrant did not commit any act that would render him/her deportable.  The RPI would have to pay another $500 fine in order to renew. 

After 10 years, RPIs would be able to adjust to Lawful Permanent Resident Status as long as they had maintained continuous physical presence, paid all taxes owed during the period they were RPIs, worked regularly in the U.S., demonstrated requisite knowledge of Civics and English, and paid a $1,000 penalty.  People in DREAM Act Status and the Agricultural Program would be able to get their green cards in 5 years.  DREAM Act children would be eligible for citizenship immediately after they got their green cards.

The bill addresses a number of other areas of immigration reform.  It purports to eliminate the backlog for family and employment-based immigrants.  It also establishes a merit based visa after 5 years of enactment.  The bill is far too dense to discuss it in full in this posting.  It is certainly a good starting point, but also something that needs to be discussed further, nurtured and improved upon. 

Immigration Reform Needs to Include Everyone

As Congress debates, negotiates, and writes immigration reform legislation, various groups of people are working to make sure their interests are included.

Tech companies are interested in making sure they can hire the best immigrant workers. LGBT couples would like specific provisions to ensure family unity. Supporters of the "DREAM Act" want to make sure that undocumented students and young people have the opportunity to gain legal status. It is unclear whether Congress will emphasize family connections or work skills in deciding who gets priority in becoming a citizen.

Do you have opinions on how immigration reform should proceed? What would you like included? Click here to find out how to contact your Senator and Representative. If you have questions about your rights under current immigration law, contact us.

Border Security is the Compromise for a Path to Citizenship

The Senate has come to a compromise on bill language, the New York Times reported today. In exchange for a path to citizenship for many immigrants currently in the US, the senators want to strengthen border security, at huge expense to taxpayers. The estimated $3.5 billion plan includes a mandatory worker verification system, an electronic visa system at all entry and exit ports to the US, and surveillance capabilities along the entire length of the U.S. border.

While the plan does offer undocumented immigrants an opportunity to apply for green cards, this plan would also make them wait ten years before they could begin to apply. Even worse, the availability of applications may depend on whether the border security programs are operational.

The senators seem to agree with the idea that undocumented immigrants should be given a way to become American citizens. However, this plan seems to thwart that goal. How will people manage to work when there is a mandatory verification system? Will they be able to visit their families during the 10-year waiting period, or will they be blocked by the electronic visa system? This bill is in its early stages, and there is no guarantee that the final result will have any of these provisions.

The House Proposes Three Pathways to Citizenship

On April 2^nd, The New York Times reported on a bipartisan immigration proposal being prepared in the House of Representatives.  This proposal would offer three distinct pathways to citizenship for the nation's estimated 11 million undocumented immigrants.  This is in contrast to the Senate plan, which would provide one pathway to citizenship for undocumented immigrants already in the country.

The House plan would basically divide undocumented immigrants into three groups.  The first group would include undocumented youth (also known as “dreamers”), who were brought to the US as children, and low-skilled agricultural workers.  This group would qualify for expedited legal status.  It would be interesting to know what "expedited" really means - weeks, months, years?

The second group would include undocumented immigrants who would otherwise be able to apply for legal status through a family member or employer, except that they are currently out-of-status (expired visa) and are subject to a 3 or 10 year bar if they leave the country.  The House bill would supposedly ease the 3/10 year waiting period, but would still require them to return to their country at some point in order to apply for adjustment of status.  Without more detail, it is hard to see how this portion of the House plan differs all that much from the current law.

The last group includes all undocumented immigrants who do not fall into groups 1 or 2.  This group would have the longest pathway to citizenship.  They would be allowed to apply for provisional legal status if they came forward, admitted to breaking the law, paid fines and back taxes, and learned to speak English.  This provisional status would allow them to work and live in the U.S. legally.  After ten years, they would be allowed to apply for a green card.  Ten years is a long time to wait, especially if you've already been living in the U.S. for a while.  

Most Americans In Favor of Immigration Reform

Most Americans support immigration reform, according to a new study by the Public Religion Research Institute. The study found that only seven percent of Americans believe that the immigration system is generally working, and even more conservative groups showed surprising support for immigration reform. A majority of Republicans, Democrats, and independents all reported that they would support an earned path to citizenship for people who are currently undocumented but want to stay in the United States.

The survey showed that most Americans care about the same values in changes to immigration laws, including keeping families together, national security, and promoting personal dignity.  Nearly two-thirds of Americans supported the core provisions of the DREAM Act: that undocumented immigrants should be able to gain legal permanent resident status if they join the U.S. military or go to college. Vice President Joe Biden, in a recent speech, also encouraged policies that would allow undocumented people a legal path to citizenship, and spoke in favor of granting green cards to STEM (science, technology, engineering, and math) graduates.

Younger Americans, especially those between the ages of 18 and 29, agreed with positive statements about immigration more often than older people did. Significantly, nearly 7 in 10 people under age 30 said that immigrants strengthen American culture. Younger Americans were also more likely to say that immigrants who have a gay or lesbian spouse currently living in the U.S. with legal status should be given priority in immigration.

Read more about the survey at the New York Times.

New Immigration Rule for Immediate Relatives of US Citizens

On January 3, 2013, The United States Customs and Immigration Services ("CIS") issued a new rule allowing immediate relatives of United States Citizens who are without documentation or have unlawful presence to apply for a waiver of the unlawful presence in the United States before having to return to their home country.  This will allow those immigrants to seek a green card with a waiver while remaining in the United States and if the waiver is granted, they will only have to return to their home country for a short stay to get their green cards.   The applicant will still need to prove hardship to the U.S. citizen to qualify for the waiver.  This new rule is to take effect this March 2013.

CA First State to Grant Drivers' Licenses to Eligible DACA Applicants

California became the first state to enact a law that would allow immigrants who qualify for the youth deferred action program (DACA) work permits to obtain drivers' licenses. Gov. Jerry Brown signed the bill into law late last night. The Department of Motor Vehicles in California will now accept the documents issued by the government to DACA applicants as proof of legal residence for the purpose of getting a valid driver's license. The purpose of the law is to "make roads safer while letting young immigrants drive to school and to work." Click here to read the Associated Press story on www.huffingtonpost.com. 

For representation, please contact Glickman Turley LLP at 617-399-7770. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Free Clinics Around Massachusetts for DACA Applications

Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) is offering free assistance with Deferred Action for Childhood Arrivals (DACA) applications. on September 7, 2012 and September 14, 2012. Please contact MIRA by clicking here to RSVP - spots fill up quickly. MIRA has also provided a list of other free clinics around Massachusetts that are offering free assistance with DACA applications. Click here for more information!

For representation, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Massachusetts Expands Program Targeting Illegal Immigrants

A federal program targeting illegal immigrants launched today in Massachusetts, allowing the Department of Homeland Security and the FBI to share arrestee fingerprints to expedite identification of illegal immigrants. The goal is to deport illegal immigrants who are arrested for crimes, including repeated violations of federal immigration law. The Secure Communities program does not give local police the authority to enforce immigration law, but Governor Deval Patrick believes the program will result in an increase of racial profiling cases and will promote fear in minority communities.

For more on this story from Boston.com, click here. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters. 

Comprehensive Review of Prosecutorial Discretion Policy Shows Positive Results

ICE prosecutors in Denver, Colorado have been racing to meet the mid-January deadline ordered by the Obama Administration to review 7,900 deportation cases before the immigration court, according to a report in The New York Times. They have identified over 1,000 undocumented immigrants who are in deportation proceedings that are not a security risk, allowing them to remain in the United States without legal status. Even though the deportation becomes closed and off the docket, it can be reopened at any time.

The policy is part of an effort by the Obama Administration to curb deportations of individuals who are considered low-priority cases, such as those with no criminal records, as well as those with deep ties to the United States. Through this policy, ICE is able to prioritize its resources to focus on deporting criminals such as gang members and sex offenders - those who pose a threat to society and security. 

Running a case-by-case review has been a daunting task for the ICE prosecutors, but "they said they liked their newfound flexibility in pursuing cases - more like the routine practice of their peers in criminal courts," according to the report. Immigration court judges welcome the prospect of reduced backlogs. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters. 

New Immigration Proposal for Undocumented Immigrants

The Wall Street Journal reported that the Obama administration has proposed a rule that would permit certain undocumented immigrants to remain in the United States while they apply for hardship waivers.

The law currently forces illegal immigrants who wish to apply for green cards to return to their home countries before they can apply for legal status. Once the individual leaves the United States, he or she is barred from returning for at least 3 to 10 years, leaving many families separated for long periods of time.

Under the new proposal, an undocumented immigrants would be able to apply for a provisional waiver while they are still in the United States. Obtaining the waiver will reduce the amount of time an undocumented immigrant must remain abroad in his or her home country while applying for a visa. No action is needed by Congress to enact the rule as "President Obama is making greater use of executive power to overcome congressional resistance to his policy goals," according to a report by the LA Times.

The WSJ interviewed Nancy Kuznetsov, vice president of American Families United, who said "[the proposal] is a wonderful humane change." The article noted that the proposal will likely garner praise from the Latino community, a key constituency in the upcoming 2012 election.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.