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The Child Status Protection Act (CSPA)

Thursday, May 9, 2013

The Child Status Protection Act (CSPA) allows applicants for certain immigration benefits to retain classification as a child under the Immigration & Nationality Act (the “Act”), even if he or she has “aged-out.” A child “ages-out” when he or she turns 21 years of age. As a consequence, the child loses preferential immigration treatment provided to children. Under the Act, a child is defined as an unmarried individual under the age of 21.
Prior to CSPA, children who turned 21 before the appropriate application for immigration benefits was adjudicated would age out. CSPA allows the child’s age to be frozen at an earlier date in the process. By freezing the child’s age, it preserves the status of “child” for those who would otherwise “age-out.”

CSPA applies to:

  • Children of U.S. Citizens;
  • Children of Lawful Permanent Residents (LPR);
  • Derivative Beneficiaries of Asylee and Refugee Applicants; and
  • Derivative Beneficiaries of Family-Based, Employment-Based, and Derivative Visas

 CSPA does not apply to:

  • Nonimmigrant Derivatives; (In limited circumstances CSPA may apply to K2 and K4 beneficiaries.)
  • NACARA;
  • HRIFA;
  • Special Immigrant Juveniles;
  • Family Unity; and
  • Cuban Adjustment

 Children of U.S. Citizens
Under CSPA, the children of U.S. citizens are allowed to preserve the status they held at the time their parent filed the I-130 petition. If they were immediate relatives and met the definition of “child” on that date, they will be considered immediate relatives even if they turn 21 before they obtain permanent residency. In other words, they will never “age-out.” However, CSPA will not apply if they marry before immigrating, which means their status will change.

The children of a lawful permanent resident can benefit from CSPA if the LPR parent subsequently naturalizes before his or her children turn 21. The rule only applies to children who are unmarried and under 21 at the time their LPR parent filed the I-130 petition. Under CSPA, the children’s age will freeze on the date the parent naturalized. Further, their petition will convert to immediate relative status which will advance their immigration process.

CSPA does not apply to married children of U.S. citizens. However, if they divorce before turning 21, their age will freeze on the date the marriage legally terminated. Their petition will convert to immediate-relative status. If they divorce after turning 21, CSPA will not apply.

 Children of Lawful Permanent Residents and Derivatives

CSPA applies differently to children of non-U.S. citizens. In such cases, the “adjusted” age formula is used to determine whether a child is under 21. Using the “adjusted” age formula, if the child is under 21 the child will be able to preserve his or her status.

Second Preference 2A Category
Children in the second preference 2A category must use the “adjusted” age formula to determine whether they will be able to preserve their status once they turn 21. In order to preserve their status, they must be under 21 using their “adjusted” age on the date the 2A category visa becomes available for their priority date. To calculate their “adjusted” age, subtract from their biological age the number of days the I-130 petition was pending before being approved. If the “adjusted” age is under 21 then their 2A status is preserved. As a requirement, they must seek to acquire lawful permanent resident status within one year of visa availability.        

Derivatives

Similarly, derivative children in family-based categories will preserve their derivative status once they turn 21 if their “adjusted” age is under 21 on the date the principal beneficiary’s visa becomes available. To calculate their “adjusted” age, subtract from their biological age the number of days the I-130 petition was pending before being approved. They must also seek to acquire lawful permanent resident status within one year of the date they became current.

CSPA is applicable to various family-based, employment-based, and diversity visa cases. Several factors must be taken into consideration to determine whether a child is able to retain his or her status upon turning 21. You should seek the guidance of a legal expert before proceeding with a complicated case.

Derivative Beneficiaries of Asylees and Refugees

CSPA is applicable to certain derivative beneficiaries of asylum and refugee applicants. Generally, children can retain their derivative status if they are unmarried and under 21 on the date the principal alien applied for asylum. The CSPA rules applicable to refugees are similar to those applicable to asylees. Several requirements must be met in order to preserve a child’s derivative status.

 The CSPA rules can be confusing and many of the cases are complex. You should seek legal advice before proceeding with a complicated case.

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The Employer’s Hiring Responsibility

Wednesday, February 20, 2013

I-9 Compliance

Under the Immigration Reform and Control Act (IRCA), it is illegal to knowingly hire or recruit an individual who do not possess lawful work authorization. The law imposes civil and criminal penalties on employers who knowingly hire or employ individuals not authorized to work in the United States (US).

An employer is required to screen all new workers to ensure that they are lawfully able to work. The law requires that the employer verify the eligibility of all new employees at the time of hire. To verify their eligibility, the employer must accurately complete Form I-9, Employment Eligibility Verification. The employer must retain the form and make it available for inspection at anytime. As of 2009, all employers are required to use Form I-9 for all new hires. The I-9 Form is available at the United States Citizenship & Immigration Services (USCIS) website.

If an employer fails to verify the identity and employment documents of each new hire or fails to accurately complete, maintain, and store the Form I-9, the employer will be at risk of receiving monetary sanctions. Even minor errors such as failing to sign or date the form may cause an employer to be fined. Besides monetary sanctions, an employer may face criminal sanctions.

An Employer’s Obligations

The employer must satisfy two obligations:

  • The employer must not knowingly hire or continue to employ an person not legally authorized to work in the US, this includes constructive knowledge; and
  • The employer must verify the identity and eligibility of every person hired, including employers of household help, domestic, or agricultural work.

The employer must verify an employee’s identity and eligibility to work without discriminating against someone’s citizenship, national origin, or immigration status.

Accurately Completing Form I-9 

The Form I-9 must be completed by both the employer and the employee. The form contains two affidavits made under penalty of felony perjury. The employee must sign and date Section 1 of the form. By doing so, he or she is swearing that they are legally authorized to work in the US. An employee is legally authorized to work in the US if he or she is a US citizen, lawful permanent resident, or has a work authorization card by some other lawful means. Once the employee has signed and dated the form, he or she may be held criminally liable for any misrepresentations or errors on the form.

The employer or his or her agent must sign and date Section 2 of the form. By doing so, the employer or authorized agent is swearing that he or she examined the original documents presented by the employee, and that the employee or agent believes that the documents are original documents that belong to the employee.

If either of the affidavits is incomplete, including the failure to date the form, the government will not be able to prosecute the employee for felony perjury for any portion of the form that was answered untruthfully. Instead, the employer will be punished by either being fined or charged with a criminal offense.

It is important to note that the Form I-9 is a two-sided form. Both sides must be accurately completed.

When to Complete the Form

The law requires that an employer complete the Form I-9 every time any person is hired to perform labor or services in return for wages or other remuneration. This law applies to anyone hired after November 6, 1986.

However, there are a few individuals who do not need to complete the Form I-9, including:

  • Grandfathered employees;
  • Volunteers;
  • Certain Business Visitors; and
  • Intra-Company Transfers within the US;

Valid Documentation

As mentioned above, an employer must verify the employee’s identity and eligibility to lawfully work in the US. The employee must present certain documents to establish his or her identity and employment eligibility. The employee must present unexpired documents. The government has created three lists: List A, List B, and List C. An employee must present:

  • A document from List A or List B; and
  • A document from List C.

The documents on List A establish an employee’s identity and employment authorization. The documents on List A include:

  • A US Passport or US Passport Card;
  • Lawful Permanent Resident Card or Alien Registration Receipt card;
  • A Foreign Passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa;
  • Employment Authorization Document (EAD) that contains a photograph;
  • A Foreign Passport with an Arrival-Departure Record Form I-94 or I-94A containing the same name as the passport and including an endorsement of the person’s nonimmigrant status, as long as the period of the endorsement has not expired yet.

The documents on List B establish an employee’s identity. The documents on List B include:

For persons 18 years of age or older:

  • Driver’s License or ID card issued by a state or outlying possession of the US;
  • Identification Card issued by a federal, state, or local government entity;
  • School ID Card;
  • Voter’s Registration Card;
  • US Military Card or Draft Record;
  • Military Dependent’s ID Card;
  • US Coast Guard Merchant Mariner Card;
  • Native American Tribal Document; or
  • Driver’s License issued by a Canadian government authority

For persons under age 18 who are unable to present a document listed above:

  • School Record or Report Card;
  • Clinic, Doctor, or Hospital Record; or
  • Day-care or Nursery School Record

The documents on List C establish an employee’s employment authorization. The documents on List C include:

  • Unrestricted Social Security Account Number Card;
  • Certification of Birth Abroad issued by the Department of State (Form FS-545);
  • Certification of Report of Birth issued by the Department of State (Form DS-1350);
  • Original or Certified Copy of Birth Certificate issued by a state, county, municipal authority, or territory of the US bearing an official seal;
  • Native American Tribal Document;
  • US Citizen ID Card (Form I-197);
  • Identification Card for Use of Resident Citizen in the US (Form I-179); or
  • Employment Authorization Document issued by the Department of Homeland Security

E-Verify

The employer has the option to use the Department of Homeland Security’s Eligibility Verification Program also known as E-Verify. It is a free Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA). The program allows employers to electronically verify the employment eligibility of their newly hired employees. The program is open to all employers and is available in all states, the District of Columbia, the US Virgin Islands, Guam, and Puerto Rico. The program compares the information on the Form I-9 with more than 425,000,000 records in the SSA database and more than 60,000 records contained the in Department of Homeland Security (DHS) database. Employers may register or learn more about the E-Verify program by going to its website: www.vis-dhs.com/employerregistration.

The Good Faith Defense

A person or entity that can show that it complied in good faith with the requirements regarding the hiring and recruiting of employees has an affirmative defense. The good faith requirement is met if the employer or his or her acting agent accurately completed the Form I-9 for every new hire, there was no constructive knowledge of a problem, and the employee’s identification and work authorization documents were properly verified.

Maintaining and Storing the Form

Employers should not file Form I-9 with United States Citizenship & Immigration Services (USCIS) or any other government entity. The employer must keep the form for either three years after the date of hire or for one year after employment is terminated, whichever is later. The employer may store the form and supporting documents electronically or on microfilm or microfiche. However, it is important to keep in mind that they must be readable documents.

Consequences

During the last couple of years, DHS has enforced the law more vigorously. In an attempt to remind employers to follow the law, DHS has performed more worksite enforcement raids and worksite audits. As a result, many companies have been charged with civil and criminal penalties.

LINKS

USCIS I-9, Employment Eligibility Verification

Form I-9

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Widow(er)s of Deceased U.S. Citizens

Thursday, January 17, 2013

Widow(er) Petition

Under certain circumstances, a widow(er) of a United States (US) citizen may be eligible to obtain lawful permanent resident status. In order to qualify, the following requirements must be met:

  • Widow(er) must have been married to a US citizen at the time of the US citizen’s death;
  • Couple was not legally separated;
  • Widow(er) must not be remarried; and
  • Widow(er) is admissible as an immigrant

The widow(er) will be considered an immediate relative, which will allow him or her to immigrate quicker. Depending on certain circumstances, a widow(er)  may adjust status in the US or abroad.

Amended Law

Prior to October 28, 2009, the law required that widow(er)s be married to their US citizen spouse for at least two years at the time of the spouse’s death. The law was amended to remove the two year marriage requirement. The new law allows eligible widows and widowers to qualify for lawful permanent resident status regardless of how long the couple was married.

Pending I-130 Petition

Form I-130, Petition For Alien Relative is considered “pending” on October 28, 2009, if the deceased US citizen spouse filed an I-130 petition on or before that date but:

  • USCIS has not adjudicated the I-130 petition;
  • USCIS denied the I-130 petition, but USCIS granted a motion to reopen or reconsider;
  • USCIS denied the I-130 petition, but has not made a decision on a motion to reopen or reconsider; or
  • The USCIS or BIA decision denying the I-130 petition is the subject of pending litigation before a federal court

If a widow(er)’s spouse died before October 28, 2009 and there was a pending I-130 petition on October 28, 2009, then the I-130 petition is automatically converted to a widow(er)’s Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.  

As of December 2, 2009, any I-130 petition that was the subject of litigation in any federal court on the issue of the effect of the petitioner’s death is reopened for a new decision. Also, if the decision denying or terminating action on the I-130 petition was pending in any court on October 28, 2009, the decision is reopened.

I-130 Petition Approved Before Death

If the I-30 petition was approved before the U.S. citizen spouse’s death, then the petition will automatically convert to an approved I-360 petition.

Widow(er)s Without Pending Cases

A widow(er) whose US citizen spouse died before October 28, 2009, but who did not have an I-130 petition pending on October 28, 2009, has until October 28, 2011 to file an I-360 petition. A widow(er) whose US citizen spouse died on or after October 28, 2009, will have two years from the date of the US citizen spouse’s death to file an I-360 petition.

Pending I-845 Application

The amended law also affects Form I-485, Application to Register Permanent Residence or Adjust Status if it was pending on October 28, 2009. An I-485 application is deemed pending on October 28, 2009 if it was filed before the US citizen’s death but:

  • USCIS has not adjudicated the I-485 application;
  • USCIS denied the I-485 application, but USCIS granted a motion to reopen or reconsider;
  • USCIS denied the I-485 application, but has not made a decision on a motion to reopen or reconsider; or
  • The I-485 application is the subject of litigation before a federal court

USCIS will reopen any I-485 application that is the subject of litigation on this issue in any federal court, if USCIS has jurisdiction to act on it. USCIS will notify applicants in writing that their I-485 application has been reopened.

If the widow(er) entered the US on a K-1 immigrant visa and filed an I-485 application after marrying the deceased US citizen, the widow(er) will be deemed the beneficiary of an I-360 petition.

If a widow(er) has:

  • An approved I-130 petition;
  • A pending I-485 application; and
  • Voluntarily left the US after his or her petitioning US citizen spouse died, thus abandoning their adjustment of status application

The widow(er)’s approved I-130 petition will be converted to an I-360 petition, which may allow the widow(er) to apply for an immigrant visa abroad.

Removal or Departure With An Order of Removal Pending

If a widow(er) is outside the US and has been ordered removed, USCIS in its discretion may consent to the widow(er)’s reapplication for admission. USCIS will generally grant an application for consent to reapply if:

  • The I-130 petition filed by the widow(er)’s US citizen spouse has now been approved as an I-360 petition;
  • The widow(er) is otherwise admissible; and
  • The widow(er)’s case does not present significant adverse factors beyond the removal itself

Inadmissibility

The Widow(er) petition is not applicable to all widow(er)s. If a widow(er) entered the US without having been admitted or paroled then generally he or she will not qualify for adjustment of status. In certain circumstances, a widow(er) may not be able to adjust status in the US and will have to leave the US and apply for an immigrant visa abroad.

Derivatives

Generally, children of an immediate relative cannot be included in their petition; a separate petition must be filed. However, there is an exception under the Widow(er) petition. A child can be the derivative of a Widow(er) petition. A derivative is defined as the unmarried child under 21 of the principal beneficiary, i.e. the widow(er). A derivative may use the Child Status Protection Act (CSPA) to freeze the child’s age and prevent them from being unable to adjust status.

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Grounds of Inadmissibility

Friday, January 4, 2013

I-601 Application for Waiver of Grounds of Inadmissibility

You may be eligible to apply for an I-601 waiver for certain grounds. In certain cases, a person who is inadmissible or ineligible to enter the United States or adjust status in the United States may apply for an I-601 waiver. The waiver may be granted depending on the applicant’s length of residency, the applicant’s familial relationship to U.S. citizens or lawful permanent residents, and the degree of hardship that will be suffered by them or their family members.

Generally, the waiver is sought when it’s determined that it will be necessary for obtaining an immigration benefit, gaining admission or preventing removal. Depending on the case, the waiver application is submitted at a U.S. Consular Office abroad, the U.S. Department of Homeland Security, or an immigration judge.

Some of the most common grounds for an I-601 waiver include:

  • Communicable Diseases
  • Physical or Mental Disorders and Associated Harmful Behavior
  • Certain Criminal Offenses
  • Immigration Fraud or Misrepresentation
    • Except if you made a false claim of U.S. citizenship on or after September 30, 1996
  • Smuggling a spouse, parent, or child
  • Unlawful Presence

Not everyone is eligible to apply for an I-601 waiver. There are certain non-waivable grounds:

  • Certain Aggravated Felons
  • Participants in Nazi Persecution or in Genocide
  • Narcotics Traffickers
  • Terrorists
  • Certain Persons Likely to Become a Public Charge
  • Persons Coming to Practice Polygamy

Each waivable ground has a different set of rules and procedures. Whether the waiver is granted or denied is at the discretion of the reviewer. If the waiver is denied, the applicant may seek review of the decision.

Types of I-601 Waivers

Unlawful Presence

Any person who is unlawfully present in the United States is subject to a three or ten year bar. Unlawful Presence is defined as a person present in the United States without legal authorization. A person without legal status in the United States for more than 180 days but less than a year is subject to a three year bar. Anyone without legal status in the United States for more than 1 year is subject to a ten year bar.  If such person leaves the United States, he or she may not re-enter the United States for the specified amount of time, which precludes them from obtaining an immigration benefit.

However, a person may be eligible to apply for an I-1601 Waiver based on the three-year or ten- year bar if they have a qualifying relative who would experience extreme hardship if he or she were denied admittance into the United States. A spouse or parent, who is a U.S. citizen or lawful permanent resident, is considered a qualifying relative. The government recognizes that family separation is a hardship. The standard for the I-601 waiver requires more than mere hardship. The applicant must submit evidence establishing extreme hardship on a qualifying relative.

Note: The new Provisional Waiver will take effect on March 4, 2013.

Criminal Offenses

Certain criminal offenses make a person inadmissible and ineligible to apply for an immigration benefit. However, there are some exceptions to the rule. A person may be eligible to apply for an I-601 waiver based on a criminal offense. To determine whether an I-601 waiver is applicable, an evaluation of the person’s criminal record is required.

Crimes of Moral Turpitude

Generally, crimes of moral turpitude make a person inadmissible. However, there is an exception that applies to certain persons. To determine whether the exception applies, the applicant must obtain and carefully review his or her criminal record. This is essential because he or she may be eligible to apply for an I-601 waiver.

Under the exception, the person must have committed the crime when he or she was under the age of 18. Further, the crime must have occurred more than five years before the date of the application for a visa (or other documentation) and the date of the application for admission to the United States.

A person may also be eligible to apply for an I-601 waiver if he or she commits a crime where the maximum penalty possible for the crime does not exceed imprisonment for more than one year, and if he or she is convicted, the term of imprisonment does not exceed more than six months.

Multiple Criminal Convictions

The general rule states that a person is inadmissible if he or she is convicted of two or more offenses and the terms of imprisonment totaled five years or more. However, a person may be eligible to apply for an I-601 waiver provided that he or she meets all the necessary requirements.

Controlled Substance Violations

Usually, anyone who commits a drug offense is inadmissible. However, in limited circumstances, a person may be eligible to apply for the I-601 waiver. A person who commits a single offense of simple possession of 30 grams or less of marijuana may apply for the I-601 waiver.

When applying for an I-601 waiver based on a criminal offense, the applicant must establish that 15 years have passed since the offense occurred, that he or she is rehabilitated, and that their admission will not be contrary to the national welfare, safety, or security to the United States. If the applicant does not satisfy this requirement, he or she will have to establish that they have a qualifying relative. In other words, they have a spouse, parent, or child who is a U.S. citizen or lawful permanent resident. The applicant will have to show that the qualifying relative will suffer extreme hardship if he or she is denied admission into the United States.

Smuggling

An individual who assists, abets, or aids another person to enter the United States illegally is inadmissible. However, an exception applies if the person assisted, abetted, or aided his spouse, parent or child. The person may be eligible to apply for an I-601 waiver based on humanitarian purposes or to preserve family unity.

Important: In many cases, an I-601 waiver must be submitted at a U.S. Consular office abroad. The person submitting the waiver faces the risk of being unable to return to the United States if the waiver is denied. If the waiver is denied and the applicant is abroad then he or she will be unable to return to the United States for a specified amount of time.

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New Year, New Rules | Año Nuevo, Reglas Nuevas

Wednesday, January 2, 2013

Today DHS announced the final rule on the provisional waiver for those who are in the process of obtaining immigrant visas to become lawful permanent residents under certain circumstances.  The new rule will take effect on March 4, 2013.  The government will provide information on the filing process in the coming weeks. We will keep you posted.

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DHS anunció hoy la publicación de una regla final en el Registro Federal que reduce el tiempo que los ciudadanos permanecen separados de sus familiares inmediatos  cuando están en el proceso de obtener la residencia permanente legal en su país y necesitan solicitar un perdón por haber vivido en los Estados Unidos sin autorización por más de un año.  El proceso estará en efecto el 4 de marzo de 2013. El gobierno dará instrucciones sobre el proceso en las próximas semanas. Nosotros les avisaremos.

Links:

Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process

Secretaria Napolitano Anuncia Regla Final Para Fomentar La Unidad Familiar Durante el Proceso de Exención Provisional

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The Consequences of Getting Arrested

Saturday, May 26, 2012

We are not equal. Unfortunately, many do not know this until it is too late. A United States Citizen (USC) can get in trouble with the law, do their time in jail or probation, and that’s that. If you are not a USC – in other words you have Lawful Permanent Residence (“green card”), you have some other lawful status, or you have no status – you face harsher consequences. 

If you are not a USC and you get arrested, you need to figure out what the legal immigration ramifications will be before you agree to a plea agreement. Immigration laws are different than criminal laws. In the criminal context, deferred adjudication often means a case will be dismissed after a period of time. Under immigration laws, deferred adjudication is a finding of guilt. It does not matter if you completed the deferred adjudication and the criminal court dismissed the case. A finding of guilt will make you deportable if you committed certain crimes.

Often, people assume that these “certain crimes” are heinous, felonious crimes. Never assume. Did you know that a possession of a controlled substance – even if it’s less than one gram – is a deportable offense? Petty theft can also be a deportable offense. Assault (family violence) can also lead to deportation. These crimes are often classified as misdemeanors, yet they have the potential to make you deportable.

If you find yourself in trouble with the law, figure out your best options. What may be a good option for a USC, may not be the best option for you. Do not settle for a plea agreement just to get rid of your case. In the end, you may be hurting yourself.

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TPS Extended for Honduras and Nicaragua | TPS Extendido Para Honduras y Nicaragua

Wednesday, November 9, 2011

Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013. Current Honduran and Nicaraguan TPS beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs from November 4, 2011, through January 5, 2012. The 18 month extension also allows TPS re-registrants to apply for a new Employment Authorization Card (EAD). USCIS recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending the current TPS Nicaragua EAD bearing a Jan. 6, 2012, expiration date for an additional six months, through July 5, 2012.

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La Secretaria de Seguridad Nacional Janet Napolitano ha extendido el estado de protección temporal (TPS) para los ciudadanos elegibles de Honduras y Nicaragua. La extensión es para otros 18 meses, comenzando el 06 de enero de 2012 y terminando el 05 de julio del 2013. Deben registrarse durante el período de reinscripción de 60 días que se extiende desde el 04 de noviembre del 2011 hasta el 05 de enero del 2012. La extensión de 18 meses también permite aplicar para una nueva tarjeta de autorización de empleo (EAD). USCIS reconoce que todos los re-inscritos no pueden recibir su permiso de trabajo hasta después de que expire su permiso. Por lo tanto, USCIS está extendiendo automáticamente los documentos de autorización de empleo (EAD) hasta el 5 de enero del 2012.

USCIS Links

Additional TPS information for Nationals of Honduras

Additional TPS information for Nationals of Nicaragua

USCIS, Estatus de Protección Temporal

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Mexico/University of New Mexico offer $1000 in scholarships to immigrant students

Thursday, September 22, 2011

The Mexican government has partnered with the University of New Mexico to offer $1,000 scholarships to immigrant students. The program starts this semester with 50 $1000 scholarships going to Mexican Immigrants or students of Immigrant families in New Mexico. UNM President David Schmidly said the program gives the university a way to better serve immigrants, despite the political controversy surrounding illegal immigration.“I think it’s important that these people have access to higher education. It makes them better contributors to our society and to our country, and hopefully many of them will go on to become citizens,” Schmidly said. “… And these would be the kind of people we want to have as citizens because they’ll be educated and they’ll be prepared to succeed in life and be responsible taxpayers. I think it’s an appropriate thing, particularly for New Mexico.”

_ _ _ _ _ _ _ _ _

El gobierno Mexicano se ha asociado con la Universidad de Nuevo México (UNM) para ofrecer becase de $1,000 a los estudiantes inmigrantes. El programa se inicia este semestre con 50 becas de $1,000 que van a los inmigrantes Mexicanos o estudiantes de familias de inmigrantes en Nuevo México. El presidente de UNM David Schmidly dijo que el programa ofrece la universidad una forma de servir mejor a los inmigrantes a pesar de la controversia política sobre a los indocumentados. “Creo que es importante que estas personas tengan acceso a la educación superior. Esto los hace mejores contribuyentes a nuestra sociedad y a nuestro país y espero que muchos de ellos pasaran a convertirse en ciudadanos,” dijo Schmidly. “…y ellos serían el tipo de persona que queremos tener como ciudadanos porque van a ser educados y van a estar preparados para tener éxito en la vida y ser
responsable de los contribuyentes. Creo que es algo apropiado especialmente en Nuevo México.

Albequerque Journal- “Mexico, UNM offer $1000 Scholarships”

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Enough is Enough, Venegas Resigns from Secure Communities Program

Tuesday, September 20, 2011

Recently, Arturo Venegas, the former Sacramento police chief, resigned from the Department of Homeland Security Taskforce. Secure Communities is a controversial program that was designed as a way for the FBI to share fingerprint information with Immigration and Customs Enforcement (ICE). It program is suppose to find dangerous criminals who are undocumented. However, the program has been used to jail undocumented individuals  pulled over for traffic violations and in some cases victims of crimes. Rather than creating trust within the community, the program has created fear. Many have been afraid to report crimes for fear of being placed in deportation proceedings. Mr. Venegas, along with other members of the task force, decided to leave the failed program. In his resignation letter, Mr. Venegas stated that the S-Comm recommendations did not go far enough to ensure that immigrants detained for minor offenses would not be deported. The program has been highly criticized by many and Mr. Venegas’s words reconfirm it’s impracticality. However, it’s unlikely that the government will change it’s stance.

Links

New York Times, “Deportation Program Sows Mistrust, U.S. Is Told”

The Sacramento Bee, “Commentary: Nation of Immigrants is Losing Its Mind Over Immigration”

America’s Voice, “Former Sacramento Police Chief Venegas Resigns From S-COMM Task Force; Report Shows Flawed Program”

Immigration and Customs Enforcement: Secure Communities

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Obama’s Promise for Immigration Reform/Obama Promete una Reforma Inmigratoria

Wednesday, July 27, 2011

President Barack Obama spoke at the National Council of La Raza’s (NCLR) annual conference.  Obama tried to encourage Latino voters not to give up on him. However, it has been a difficult administration since republican are not supporting his ideas. Many advocates believe Obama should use his executive authority to fix immigration issues. According to Felipe Matos of Presente.org, President Obama administration has deported more than one million immigrants, including student eligible for the DREAM Act.  Immigrants have been struggling for the past year; even Secure Communities is not as secure.  Obama indicated that he needs Latinos votes in order to continue with immigration issues. Without republican support Obama faces a harsh situation as he said “I need a dance partner here, and the floor is empty.”  The Democrats National Committee started publishing Spanish advertisement in regard to Obama reelection.

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El Presidente Barack Obama hablo en la conferencia anual  del Consejo Nacional De la Raza (NCLR. Obama trato de promover el a los votantes Latinos. Sin embargo, asido una administrativo difícil porque los republicanos no apoyan sus ideas.  Varios defensores creen que Obama debería usar su autoridad ejecutiva para arreglar los problemas inmigratorios.  De acurdo a Felipe Matos de Presente.org , la administración de Obama a deportado a millones de inmigrantes, incluyendo a estudiantes elegible para el DREAM Act. Inmigrantes han luchado en los pasados años; incluso Comunidades Seguras no están segura.  Obama indica que necesita el apoyo de los Latinos para continuar con el problema inmigratorio. Sin el apoyo de los republicanos Obama se enfrenta en una situación difícil como el índico, “Necesito una pareja de baile, pero la pista esta vacía.” El Comité Nacional Democrático empezó a publicar anuncios en español relacionados a la reelección.

Links

Obama y la danza del voto latino

President Obama Promises to Keep Immigration Reform

Obama: Immigration Reform

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