The Ninth Circuit Court of Appeal heard oral argument today in USA v. Arizona, which was broadcast live on C-SPAN.   https://www.youtube.com/watch?v=ClSk_OrHSIM   The three judge panel consisted of Judge Richard A. Paez, Judge Carlos T. Bea and Judge John T. Noonan, Jr. Representing the State of Arizona and Governor Jan Brewer was John J. Bouma. Representing the U.S. was U.S. Deputy Solicitor General Edwin Kneedler. Arizona Governor Jan Brewer was also present. There were protests and … [Read more...]

An NPR story yesterday, Prison Economies Help Drive Ariz. Immigration Law, highlights the role of the private prison business in the development of Arizona's anti-immigrant bill, SB 1070, portions of which are currently being litigated in the federal court. Oral argument in the case is scheduled for Monday, November 1, 2010 as described in an earlier post, "Arizona Immigration Cases Set for Oral Argument." Immigration practitioners have known for years about the rapid growth of the private … [Read more...]

On November 1, 2010 at 9:00 a.m. the Ninth Circuit Court of Appeals will hear oral arguments in U.S.A. v. State of Arizona, Case No. 10-16645, at the James R. Browning U.S. Courthouse in San Francisco. This controversial case addresses the constitutionality of Arizona Senate Bill 1070, which requires state law enforcement officers to check a person's immigration status under certain circumstances, and authorizes a warrantless arrest where there is probable cause to believe that the person has … [Read more...]

On September 30, 2010, Rupert Murdoch, Chief Executive of News Corp., which owns Fox News, the Wall Street Journal and many other media outlets, along with New York City Mayor Michael Bloomberg testified before the House Judiciary Committee in support for immigration reform. Both recently founded the Partnership for a New American Economy, an organization of mayors and top business leaders who support expanding the types and numbers of visas for qualified workers in the U.S., as well as … [Read more...]

Today, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-Vt) introduced the Comprehensive Immigration Reform Act of 2010 ("CIRA") (S. 3932), the first Senate proposal on immigration since 2007. The bill would put the millions of people already in the U.S. without status on a path to legal status. Certain targets would be required before those without status who come forward and register could become lawful permanent residents. Targets include things like reducing the backlogs for those … [Read more...]

In an interesting case, U.S. Immigration and Customs Enforcement (ICE) and Abercrombie & Fitch agreed to a $1,047,110 settlement for I-9 technical violations at Abercrombie & Fitch's Michigan retail stores. The ICE audit began in 2008. The company was not found to have knowingly hired unauthorized immigrants, but its electronic I-9 system was apparently found to have many problems. An ICE representative said: "We are pleased to see Abercrombie working diligently to complete the … [Read more...]

Today, USCIS announced new final regulations increasing by 10% on average the filing fees for immigration benefit applications. Although it did not raise the fee for citizenship applications, USCIS introduced some new fees such as for the EB5 regional pilot program designation ($6230.00!), fees for immigrant visas where USCIS has a role in the process ($165.00), and civil surgeon registration fees ($615.00). The rationale and fee list is posted here. Besides the fee increases, USCIS made … [Read more...]

Anchor Babies - The Myth "Anchor Baby" is a derogatory term and a figment of imagination. Anchor for what? Nativists believe that immigrants come to the US to "drop babies" so they can bestow an immigration benefit upon the parents. This is pure nonsense and not the law or fact! There are no immigration categories in our present system that allow a U.S. born child under 21 to sponsor his or her parents! Under current law, whether the parents entered legally or illegally, they will have to … [Read more...]

On September 7, 2010, the American Civil Liberties Union (ACLU), the New York Civil Liberties Union (NYCLU), the National Association of Criminal Defense Lawyers (NACDL), the National Press Photographers Association (NPPA), and Pascal Abidor, a dual French-American citizen, sued the U.S. Department of Homeland Security (DHS) challenging as unconstitutional DHS policy that allows border agents to search electronic media without suspicion or warrants. The case is Abidor, et al v. Napolitano, No. … [Read more...]

KnoxNews.com out of Tennessee reports an August 27, 2010 AP news item indicating that 27 of 820 people scooped up by the state wildlife department for fishing without a license, and who also lacked identification, turned out to be immigrants who were turned over to Davidson County Jail. The Jail then turned them over to US Immigration and Customs and Enforcement (ICE) for deportation. Davidson County is one of many jurisdictions across the country that has signed a "287(g)" agreement with ICE. … [Read more...]