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March 2008 Archives


For H-2A the proposed new regulations provide:1. Extension from 10 -30 days are now to be allowed after the H-2A expires.2. Reduces to 3 months from 6 months H-2A worker’s requirement to remain outside the U.S. after the previous H-2A expires.3. Enables an H-2A worker to change from one H-2A employer to work for another merely by filing a new petition provided the new employer is in the E-Verify program;4. Requires an employer attestation of the nature of the H-2A job and the use of recruiters to locate H-2A workers;5. Forbids employers and recruiters to impose fees on new H-2A workers;6. An approved temporary labor certification is still necessary.


State Laws that have arrogated to themselves the exclusive powers of the federal government in immigration enforcement have caused extreme collateral damage in these States because intimidated immigrants leave these regions thus taking their skills to other regions. This reduces the growth and economic vitality of these regions.Farms that can’t find immigrant workers to pick the crop can’t survive. As a result many citizens as well as legal immigrant lose their jobs as well. And these stringent and unevenly applied state laws don’t seem to provide a solution to the problem of undocumented aliens.Families have been torn apart when family earners are deported. U.S. citizen children are forced to seek public assistance. The result of these polices have been an enormous drain on these States’ economies, aside from the inhumanness of hounding and humiliating to these millions of immigrants who have entered and stayed for years here, forming family ties and becoming part of their communities and peaceably working and building their lives here. The failure to pass comprehensive immigration reform by Congress has been shown to be not only inhumane but foolish.


Immigration officials predict to have 930,000 citizenship applications completed by September 30, 2008. The backlog has been a unfortunate. If the Immigration Service keeps its word, tens of thousands of new citizens will be able to vote in the fall election. The immigration projections may be overly optimistic. Of 1,050,000 pending applications, only 70% of them are now being tabulated. Later phases of the process such as background checks, fingerprinting are time consuming so the projections may be unrealistic. Unfortunately the Immigration Service’s delays may prevent at least 500,000 applicants from voting in the November national election.


A Federal Court recently addressed the systemic problem of Naturalization adjudications. The Judge found that Congress intended that the Naturalization process be completed without undue delay. The Judge observed that although careful security must be made for applications for permanent residence, it could not be understated why a security clearance was necessary for an individual who was already a permanent resident. The Court under the Administrative Procedures Act (APA) has jurisdiction to compel agency action unreasonably delayed. The government’s explanations for the delay were deemed insufficient and the Immigration Service was found to have adopted a strategy of delay instead of employing a transparent administrative process. The government was also notifying applicants to get a prompt FBI check that they would need to commence Mandamus proceedings in Federal Court. Plaintiff’s motion for summary judgment was granted.
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