Editorial
Alabama's win, our loss
Los Angeles Times, September 30, 2011
Federal Immigration Law News
Federal Government Creates Immigration Rights Hotline
The U.S. Immigration and Customs Enforcement agency announced creation of toll-free telephone number (855) 448-6903 to field questions from detainees held by state or local law enforcement agencies if they believe "they may be U.S. citizens or victims of a crime." The hotline will be staffed 24 hours a day, seven days a week by ICE personnel with interpreters available in several languages.
Restaurant Owner Fined For Hiring Undocumented Immigrants
The owner and manager of a French restaurant in San Diego were sentenced to five and three years of probation and ordered to pay fines of $396,575 and $2,500, respectively, for knowingly hiring undocumented immigrants to work in the restaurant's bakery and catering businesses. The case reflects the change of enforcement policy by the federal government to focus on employers who knowingly hire undocumented workers.
GOP Group Proposes Legalizing Illegal Immigrants
The Lincoln Club of Orange County, California, announced an immigration reform proposal that would provide a path to legal residency for illegal immigrants. The proposal calls for "a guest worker program that allows both foreign workers and illegal immigrants already in the U.S. to apply for a temporary work permits, provided they pay certain fees and meet certain requirements such as proof of employment and passing a criminal background check."
Stricter Rules For J-1 Exchange Program
The U.S. State Department announced changes to the popular J-1 exchange program for foreign college students. The new rules will limit the number of future participants in the summer work and travel to 2011 level and put a moratorium on new businesses becoming sponsors for the participants.
A New Homeowner Visa Proposed By U.S. Senators
New York Democratic Senator Charles Schumer and Utah Republican Senator Mike Lee introduced a bill creating a new homeowner visa for foreigners who buy residential real estate. To qualify, a person would have to buy a primary residence of at least $250,000 and spend a total of $500,000 on residential real estate. The other properties could be rented. The visa would be valid for three years and renewable as long as the property is owned. The visaholder would have to live in the home for at least 180 days each year and would be allowed to bring a spouse and minor children to live in the U.S. However, the visa would not authorize working in the U.S. without obtaining a seprate work visa or work authorization.
U.S. Deported Record Number of Immigrants
U.S. Immigration and Customs Enforcement agency deported 396,906 individuals in the Fiscal 2011. About 55 percent of those deported had felony or misdemeanor convictions.
Supreme Court to decide deportation issue
The Supreme Court will decide if the government can deport illegal immigrants who were brought to the U.S. as children and stayed with parents who became legal residents of the country.
State Immigration Law News
America's "Toughest Sheriff" Ordered To Stop Immigration Enforcement
U.S. District Judge Murray Snow issued an order barring Arizona's Maricopa County Sheriff Joe Arpaio's deputies from detaining people based solely on suspicion that they're in the country illegally in a lawsuit that alleges the Maricopa County Sheriff's Office racially profiles Latinos during patrols. Although the judge hasn't rule on the question of racial profiling, he found that the evidence could lead a judge or a jury to conclude that the Sheriff's office racially profiles Latinos.
Parts of South Carolina Immigration Law Blocked
A federal judge in South Carolina temporarily blocked portions of the state's immigration law. The order issued by the U.S. District Judge Richard Gergel blocks provisions requiring police to detain anyone they suspect to be in the country illegally, making it a felony to transport, conceal or protect a person who is entering the country unlawfully and requiring immigrants to carry a "certificate of alien registration" or receipt. Remaining portions of the law, including a provision requiring the verification of legal status of new workers, will go into effect on January 1.
Mayor of New Haven, CT, Proposes Non-Citizen Voting On Municipal Elections
Mayor John DeStefano, New Haven, CT, announced a proposal to allow all adult residents of the city, including legal and illegal immigrants, to vote on municipal elections. Under the proposal, the new voting rights will be limited to city elections and will not voting on state and federal elections. The state election laws must be changed for the proposal can go into effect.
Alabama Governor Seeks to Simplify Immigration Law
Alabama Governor Robert J. Bentley said he is working to simlify the tough immigration law to eliminate unnecessary burdens on legal businesses and residents and protect faith-based services while ensuring that everyone working in the state is there legally.
Washington D.C. Won't Cooperate With ICE On Illegal Immigrant Detention
Under an executive order signed by Washington D.C. Mayor Vincent C. Gray, D.C. police and corrections officials will not ask about immigration status of people they come in contact with and Distict police will not enforce an ICE detainer or warrant issued against someone who has not committed another crime. Police and corrections officials are also prohibited from contacting ICE to have the agency investigate the immigration status of someone arrested.
Architect of Arizona Anti-illegal Immigrant Law Loses Recall Election
Russell Pearce, the Arizona's state Senate President, who led the crackdown on illegal immigrants and passing of the anti-illegal immigrant law, was defeated in a recall election.
California Bans E-Verify Requirement For Businesses
California Governor Jerry Brown signed a legislation into law this month that prohibits state, cities and counties from requiring private business to use E-verify, an online program that uses federal database to check the immigration status of employees.
U.S. Appeals Court Blocks Immigration Status Checks At Alabama Schools
The 11th U.S. Circuit Court of Appeals in Atlanta issued an injunction partially blocking the enforcement of the Alabama illegal immigration law. The part of the law requiring officials to check the immigration status of students and making "willful failure to complete or carry an alien registration card" are temporarily blocked from being enforced pending final decision by the court.
Key Parts of Alabama Illegal Immigration Law Upheld
A federal judge appointed by Republican George H.W. Bush upheld key parts of the Alabama illegal immigration law.
In her 115-page opinion, the judge said federal law doesn't prohibit checking students or suspects pulled over by police. She also refused to stop provisions that allow police to hold suspected illegal immigrants without bond; bar state courts from enforcing contracts involving illegal immigrants; make it a felony for an illegal immigrant to do business with the state; and make it a misdemeanor for an illegal resident not to have immigration papers.
DREAM Acts
National
Mitt Romney Would Veto the DREAM Act
Mitt Romney pledged that he will veto any effort by Congress to pass the DREAM Act which would provide a path to citizenship to minors who are in the country illegally, provide they serve in the Armed Forces or attend college.
California
California Dream Act Becomes Law
On January 1, 2012, the first phase of the California Dream Act becomes law allowing students who entered the country illegally receive private financial aid at California's public colleges. The second phase of the Dream Act which allows illegal immigrant students to apply for state-funded scholarships and financial aid at state universities goes into effect on January 1, 2013.
Gov. Brown Signed California Dream Act
Governor Jerry Brown signed a bill that allows illegal immigrant students who were accepted by the state pubic universities and colleges to receive state aid including Cal-Grant starting 2013. Students must graduate from a California high school after attending at least 3 years and must affirm that they are in the process of applying to legalize their immigration status.
Rhode Island
In-State Tuition For Illegal Immigrant Students
The Board of Governors for Higher Education voted to allow children of illegal immigrants who attended high school in Rhode Island for at least three years and who have graduated high school or received an equivalent degree to pay in-state tuition starting next year.
Vehicle Impound Law - California
A new law in California prohibits local police from impounding vehicles at sobriety checkpoints if the driver's only offense is not having a driver's license.
Driver's License
The states of New Mexico, Utah and Washington allow undocumented immigrants to get a driver's license. In those states proof of citizenship is not required.
Federal Government Agency
U.S. Department of Justice
U.S. Department of State
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Internal Revenue Service
Legal Resources
California Secretary of State
Findlaw
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