Texas Immigration Lawyer Blog

Senator McCain compares immigrants, speeders

Azcentral.com By Dan Nowicki

During his at-times raucous town-hall-style meeting in Sun Lakes last week, U.S. Sen. John McCain compared immigrants now in the United States illegally to traffic speeders, saying they should be allowed to get straight with the law by paying a penalty and taking other steps.

“All of us, from time to time, I think with rare exception, unfortunately, have broken the law,” McCain, R-Ariz., on Tuesday told the crowd of more than 150 people in the retirementcommunity near Chandler. “Mine was while driving an automobile at an excessive speed. I paid a fine. I paid a fine. I had to go to (traffic) school. Some of us might remember that experience.”

McCain is one of eight senators working on new bipartisan immigration-reform legislation that is expected to include an eventual path to citizenship for millions of undocumented immigrants now in the country. Many illegal-immigration critics are tough sells for any proposal that they view as offering “amnesty” for illegal immigrants. Some in the Sun Lakes audience indicated they would prefer granting the undocumented immigrants a legal status without extending the opportunity for citizenship to them.

Steven Camarota, director of research for the Center for Immigration Studies, said he believes McCain is minimizing illegal immigration by saying the offense, like speeding, is no big deal.

“A lot of other people would say, ‘Look, you’ve got Americans who don’t have jobs, you’ve gotschools that are overcrowded and you’ve got a health-care system that is in serious crisis,’” said Camarota, whose Washington, D.C.-based organization supports more immigration enforcement and overall reductions in immigration. “They’d say, ‘American sovereignty is a hell of a lot more important than you going five miles over the speed limit.’”

But Crystal Williams, executive director of the American Immigration Lawyers Association, said McCain’s comparison is “an almost perfect analogy” because unlawful presence in the United States is a civil violation. It is a crime to cross the border illegally, but those cases can be difficult to prosecute. And many illegal immigrants enter legally but overstay their visas.

“The difference between that (unlawful presence) and a civil traffic violation is that the repercussions are so much more profound,” she said. “If you are caught unlawfully present in the United States, you are subject to deportation and, basically, your life gets turned upside-down.”

 

Reaching the Six-Month Mark on Deferred Action for Childhood Arrivals (DACA)

Immigration Impact by Wendy Feliz

Approximately 45% of those potentially eligible for the program have applied in the first six months.

The Department of Homeland Security has issued its latest data on the Obama Administration’s initiative that offers deferment from deportation and temporary work permits to young undocumented immigrants under the Deferred Action for Childhood Arrivals (DACA) initiative. In the first six months of the program (August 15–February 14),423,634 out of the roughly 936,933 immigrants between the ages of 15 and 30 who might immediately meet the requirements, have had their applications accepted for processing. In other words, approximately 45% of those potentially eligible for the program have applied in the first six months. In addition, since February, 199,460individuals have been approved for DACA and will receive two-year temporary work permits.

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It’s likely that, in the next six months of the program, a range of challenges will arise which may impact application levels—levels which appear to already be tapering off. For example, some argue the first individuals to apply were the simplest, most straightforward cases. DACA applicants should continue to exercise discretion and only apply for the program if they meet the strict requirements, or if they have counsel that can assist and advise them on their eligibility. The American Immigration Council’s Legal Action Center continues to update and publish practice advisories that deal with many of the most difficult legal issues arising in DACA cases.

Application levels to the program may also be affected in the coming months by the perception that national immigration reform legislation is likely to offer a more permanent legalization status. So why apply for DACA when something better is just around the corner? There is also the cost factor for applying, and the trust factor of handing over one’s personal information to immigration agencies. Both are likely to impact application numbers in the coming months. As the program continues to be implemented it is important to keep track of how DACA recipients move forward in their lives with their newly gained temporary legal status, and how the government process works and responds to challenges. Paying attention to both of these areas will tell us a lot about how a more permanent legalization program will shake out for both the applicants and the government agencies implementing it.

 

March 2013 Visa Bulletin Released

The Department of State released the March 2013 Visa Bulletin. 

 

Border Town Perspective on Immigration Reform

Texas Tribune by Justin Dehn and Alana Rocha

El Pasoans sound off on politicians who demand a secure border before immigration reform can happen. 

"This idea that we need more is just absurd," Fernando Garcia is the Executive Director for the Border Network for Human Rights, a grassroots organization based in El Paso that documents civil rights abuses. "We have done so much already, and we realize that some people, they don't want immigration reform."