MARCH & APRIL IMMIGRATION NEWSLETTER

PRESIDENT BUSH PUSHES FOR GUEST WORKER PROGRAM

In California (the most immigrant-rich state in the U.S), President Bush today advocated a guest worker bill which he claims is a middle ground. He wants a bill that would give temporary guest worker permits to the estimated 11 million foreigners while also strengthening border security. "Massive deportation of the people here is not going to work." he said. He plans to meet with a bipartisan group of senators at the White House this week.

2. SENATE IMMIGRATION DEBATE BREAKS DOWN-SCHEDULED TO RESUME THIS WEEK

After announcing a compromise that would have provided an opportunity for a large percentage of the undocumented foreign nationals in the United States to obtain status, the Senate failed to pass an immigration bill prior to a two-week recess. They are, however, expected to renew debate upon returning to Washington this week.

Initially, Senate leaders announced they had reached a compromise bill whereby those in the United States over five years would be allowed apply for residency and ultimately citizenship in an expedited process without leaving the country. Those who had been in the U.S. less than five years, but who arrived prior to January 1, 2004 would be able apply for status, but would have leave the country for a short period, and would be processed for permanent status after those who had been here over five years. Those who arrived after January 1, 2004 would have to leave the U.S., and apply for admission in the same position as those who had never been in the country.

Despite the apparent agreement, the Senate did not pass the immigration bill on April 7th, one day after announcing the compromise. As a result of a dispute regarding proposed amendments, the bill did not receive enough Senate votes to pass. Republicans and Democrats each blamed the other party for the bill's failure.

It is not clear what the prospects are for the bill's passage when the Senate resumes this week, but some signs are encouraging. Senate Majority Leader Bill Frist has said indicated he will renew discussion of an immigration reform bill, and hopes to have legislation passed by Memorial Day. Also, Senate Judiciary Chairman Arlen Spector has said that he also believes a deal is likely. He believes that Congress will be able to work out differences and pass an election-year immigration bill.

3. H-IB VISA NUMBERS

USCIS recently announced that H-1B visa numbers for the new fiscal year (October 1, 2006-September 30, 2007) are being utilized at nearly the same rate as last year.

It should be noted that USCIS has not provided any firm numbers since the first day it began accepting petitions on April 1st for the next fiscal year, and therefore this estimate may change based on future information.

4. NEW MEDICARE LAW WILL REQUIRE PROOF OF CITIZENSHIP OR IMMIGRATION STATUS FOR BENEFITS

Beginning July 1st, Medicaid beneficiaries will have to provide documentation to prove that they are either United States citizens or immigrants eligible for benefits. Currently, many states allow beneficiaries to attest to their eligibility without actually providing documentation.

There is concern that a number of citizens will be made ineligible for benefits because they do not have proper documentation. According to critics, many older African-Americans and Native Americans did not obtain birth certificates, especially if they were born in rural areas.

5. RECENT CRACKDOWN ON ILLEGAL WORKERS

A recent national crackdown has resulted in the arrest and detention of more than 1,100 illegal immigrants in 26 States and the arrest of 7 managers and former managers of a company.

6. NATIONWIDE GATHERINGS IN SUPPORT OF IMMIGRANT RIGHTS

On April 9th and 10th, pro-immigration rallies were held throughout the country and are continuing. The events were designed to oppose the enforcement-only bill recently passed by the House of Representatives, and also show support for a program to aid undocumented workers. A rally in Dallas drew an estimated 500,000 people.

An April 10th rally centered in New York City Hall drew between 70,000 and 120,000 participants. Speakers at the event included both Senators from New York, Hillary Clinton and Charles Schumer.

Another national day of pro-immigrant activities is scheduled for May 1st. In addition to a series of rallies, voter registration drives, and other events, some organizers are calling for a national work boycott to demonstrate the importance of non-citizen labor. The boycott is controversial, however, and a number of pro-immigrant rights groups do not support the proposed work stoppage.

7. JOINT TASK FORCES TO COMBAT DOCUMENT FRAUD CREATED IN NEW YORK AND NEWARK

New York City and Newark are two of the ten locations for new task forces aimed at targeting immigration document and benefit fraud. The task forces will include members of Immigration and Customs Enforcement as well as several other agencies. They will be making an increased effort to prevent document fraud, and similar programs in other cities have resulted in the seizure of over 10,000 fake documents.

8. DHS ANNOUNCES INCREASED ENFORCEMENT MEASURES AND RECENT ARRESTS

In addition to the document taskforce described above, DHS has announced that it will increase its immigration enforcement measures. The DHS agency Immigration and Customs Enforcement ("ICE") will add several more agents. Two of the main priorities for the enforcement efforts will be apprehending people with outstanding removal order and foreign nationals with criminal convictions.

DHS has also announced that it is revamping its recordkeeping and security offices. The offices, which had previously been separate, will be joined in an effort to combat immigration fraud.

Furthermore, DHS announced it will increase efforts to punish businesses which employ foreign nationals illegally. Near the time of this announcement, DHS also publicized that it apprehended over 1,100 illegal immigrants working throughout the United States for IFCO, a pallet company with sites in Texas, Ohio, and upstate New York. Officials also arrested a number of managers at IFCO, where the DHS alleges approximately half of the workforce had social security numbers which were false or did not belong to them.

9. RECORD NUMBER OF VISAS ISSUED TO CHINESE

The U.S. Embassy in China announced that it issued 304,374 non-immigrant visas last year. This amount is a record, and a 29 percent increase over 2004. Consular officials, citing China's improving economy and increased ties between the countries, said they expect the number of visas issued to increase annually for the next several years.