Immigration legislation & policy

September 3, 2009

DOL Fights to Tighten Rules for Farmworker Visas

The Bush Administration, in its final days, implemented rules to make it easier for farmers to hire temporary foreign laborers. These rules also arguably cause the reduction of wages and the proliferation of poor working conditions for all farmworkers, foreign and domestic. Although Romben Law, APC is in Los Angeles, we have had inquiries about the wages and conditions of employment faced by foreign farmworkers.

The Obama administration today moved to roll back some of those Bush Administration rules. This roll-back is expected to result in an increase of about $1.44 per hour for the average wage for farmworkers — who often do back-breaking work for very long hours. The change in rules would also protect American workers from being displaced, if Americans wish to apply for and take such jobs. –jcf

August 28, 2009

DHS to Continue Border Inspection of Electronic Devices

by Romben Law, APC

On 18 August 2009, the Obama Administration issued new directives about the inspection, search, and even seizure of electronic media belonging to travelers passing through border checkpoints. This set of policies and practices has concerned immigration lawyers, constitutional attorneys, and other civil rights advocates, including the immigration attorneys at Romben Law, APC in Los Angeles.

All electronic media devices are susceptible to search: computers, hard drives, thumb-nail drives, mp3 players, iPods, mobile phones, CDs, DVDs, Blackberrys, etc.

This practice of inspecting, detaining, and even copying travelers’ electronic media — without a warrant or even suspicion — began before the Bush Administration’s so-called “war on terrorism.” Given the amount personal information that people keep on their digital devices, attorneys and constitutional advocates have worried that such searches and seizures can be potentially more intrusive than having a border guard riffling through one’s luggage.

August 27, 2009

Romben Law, APC Salutes Senator Edward Kennedy

by Romben Law, APC

The Los Angeles immigration Romben Law, APC would like to acknowledge the passing on 25 August 2009 of Senator Edward M. Kennedy, US Senator for the State of Massachusetts.

Not merely the scion of a famous family, Senator Kennedy was a champion on issues close to the hearts of many immigrants: immigration reform, education, union representation, and health care. Deeply aware of his own background and immigrant roots, Senator Kennedy helped craft the Diversity Visa, the so-called “green card lottery,” that has permitted so many people from different nations to immigrate to the USA when no other avenue was available to them.

His voice will be missed. –jcf

August 24, 2009

Immigration Reform Set for 2010

by Romben Law, APC

Because the debates about Health Care Reform are taking so much of the Congress’ energy, the Obama Administration believes that Comprehensive Immigration Reform (CIR) will not be considered by the Congress until the beginning of 2010. Romben Law, APC has many clients in Los Angeles, CA and throughout the nation who would benefit from the passage of CIR. In a recent article, President Obama restated his commitment to humane immigration law reform.

Two of the most anticipated provisions of CIR would be the Development, Relief, and Education for Alien Minors Act (DREAM Act) and the Uniting American Families Act (UAFA).

The DREAM Act would allow the normalization of the immigration status of certain undocument students who were brought prior to age 16 to the United States by their parents or guardians. These students have lived and been educated in the USA, and it would be fundamentally unfair to deny them immigration status, when they did not come to the USA through their own decision, and when the USA is often the only country these students have ever really known.

July 1, 2009

Trying to Save the EB-5 Employment Creation Visa

by Romben Law, APC

Because we are a law firm devoted exclusively to the practice of immigration law, Romben Law, APC of Los Angeles gets calls frequently about the so-called “millionaire green card.” The more accurate name for this would be the EB-5 Employment Creation Immigrant Visa, or just “EB-5.” This sometimes controversial visa provides for conditional legal permanent resident status for persons who, after November 1990, invest $1 million (or in some cases $500,000) in a new business that employs ten US citizens (or certain other authorized workers) full-time and engage in that business through day-to-day management.

There has been much criticism of the EB-5 visa; however, US Citizenship and Immigration Services (USCIS) officials declared in February 2009 their firm commitment to the success of the EB-5 program, acknowledging the value of the program to the US economy. The USCIS Ombudsman’s office has made the following recommendations for the EB-5 program:

1. Quickly finalize the Special Legislative Regulations, to alleviate the so-called “stuck” EB-5 investors who have been in limbo since 1995. Improperly documented cases can drag on for years.

July 1, 2009

Immigration Crackdown at Work Places

by Romben Law, APC

A recent story by Associated Press reports that Immigration and Customs Enforcement (ICE) has begun a crackdown in all states, checking employers large and small to verify that employees are legally authorized to work. Romben Law, APC in Los Angeles represents companies as well as individuals.

Most employers and even some individuals are required to maintain Form I-9 Employment Eligibility Verification on all regular employees. If a company does not maintain its I-9s properly, the company can be fined. If a company is in doubt about whether its I-9s are properly completed and maintained, the company should contact reliable immigration law counsel to arrange for a review of the files. –jcf

June 29, 2009

Update on Immigration Reform: 29 June 2009

by Romben Law, APC

Immigration law firm Romben Law, APC in Los Angeles has always urged that US immigration laws (and officials) treat immigrants fairly. As part of our advocacy, we have urged US citizens and US Legal Permanent Residents (“green” card holders) to write elected officials and express their views about humane immigration reform, especially with regard to the immigration of same-sex partners and undocumented youth who were brought here as children.

US Capitol.jpg Some people have asked for recommendations about the officials to whom they should write. Firstly, because immigration is a Federal matter, you should write to President Obama, both your state’s US senators, and your Congressperson to the US House of Representatives.

at Romben Law, APC, we believe in a more comprehensive approach. Most of the upcoming CIR battle will take place on Capitol Hill, but there are everyday people who need to learn about CIR. Local officials and community leaders can be powerful advocates for the immigrant community. We think you should also write your state and local representatives, and encourage them to write to Congress and push for change. In other words, it is good to write directly to Congress, and representatives love to hear from you. But they listen even more keenly when local mayors, councils, and state officials write. Therefore, consider writing also to:

June 26, 2009

Update on Immigration Reform: 26 June 2009

by Romben Law, APC

With the passing of Farrah Fawcett and Michael Jackson yesterday, the news about the “launch” of the immigration reform policy discussion passed under the radar for most people. As immigration attorneys in Los Angeles, Romben Law, APC advocates for a comprehensive overhaul of the immigration system in the USA.

The President, Vice President, and pivotal cabinet members met with members of Congress from both parties to discuss the timing for and shape of a Comprehensive Immigration Reform (CIR) bill expected to be introduced before the end of 2009.

Department of Homeland Security Secretary Janet Napolitano will be in charge of evaluating the proposed bill.

June 8, 2009

Hearings on Uniting American Families Act (UAFA)

by Romben Law, APC

On 3 June 2009, the US Senate Judiciary Committee held hearings on the Uniting American Families Act (UAFA). UAFA would amend US immigration law to permit American citizens and Legal Permanent Residents to sponsor their same-sex partners as traditionally-married Americans can. J Craig Fong (Retired from the practice of law), partner in the Los Angeles immigration law firm of Romben Law, APC, has been an advocate for gay men and lesbians for over 20 years, advising and representing same-sex couples and other non-traditional families.

In one form or another, UAFA has been introduced in Congress each year since 2000. If passed, UAFA would make available to same-sex partners the same immigration status enjoyed by spouses of US citizens and residents.

Advocates have urged the Congress to pass UAFA, as a stand-alone bill or as part of a larger, Comprehensive Immigration Reform (CIR) package. The Obama administration has indicated its willingness to now address immigration issues, and many believe that now may be the time. The American Immigration Lawyers Association (AILA) has also indicated its support for UAFA.

June 4, 2009

Right to Effective Assistance of Counsel Restored

by Romben Law, APC

Since 1988, it has been accepted by immigration judges that individuals in removal proceedings (called “deportation” at that time) had the right to effective assistance of counsel. The case that established this principle was Matter of Lozada, 19 I&N Dec. 637 (BIA, 1988). This precedent also allowed individuals who were prejudiced by the action or inactions of counsel to request that their cases be reopened or reconsidered.

In January 2009, then-Attorney General Mukasey in the latter days of the George W. Bush administration overruled (in part) this long-established precedent. Mukasey intervened in a series of cases, denying the reopening of three individual cases. This reversal of the right to effective assistance of counsel was accomplished under Matter of Compean, 24 I&N Dec. 710 (A.G., 2009).

On 3 June 2009, recognizing that Mukasey’s decision did not result in a thorough consideration of rights and concerns involved, Attorney General Eric Holder re-established Matter of Lozada as good precedent, restoring a basic fairness accorded to individuals who are in immigration proceedings, and allowing reopening and reconsideration of cases where individuals have not had the benefit of effective counsel. –jcf