Immigration legislation & policy

May 6, 2009

FBI Watchlist Slow to be Updated

The Associated Press reports that the FBI has been remiss in adding, removing, and updating the national terror suspect watchlist. As immigration lawyers, Romben Law, APC has clients both in Los Angeles and abroad who have had difficulty because the individuals were misidentified or because they requested to be removed from the watchlist and the removal did not occur in a timely fashion. The inefficiency can damage national security, hinder much-needed commerce and tourism, and gravely damage an individual’s ability freely to travel.

In 8% of cases, FBI failed to remove persons from and update the watchlist. The AP also reports that in almost 75% of cases, the FBI did not do its job in a timely fashion.

In a blog entry in April we reported that the Transportation Safety Administration (TSA) would begin “Secure Flight” screening of air travelers. We observed at that time that it would be mission critical for TSA to have a program to identify and quickly respond to anyone who has been wrongly placed on the watchlist. –jcf

April 17, 2009

Pending Cal. Initiative Strips Citizenship from Native-Born Americans

by Romben Law, APC

A Southern California politician and some anti-immigrant activists are seeking to put a measure on the California ballot that would deny a “regular” California birth certificate to children born in the USA, if the parents are unlawfully present in the country. The initiative would also limit the public benefits such citizen-children could receive. The immigration law firm of Romben Law, APC opposes this initiative.

Not only does this cynical, divisive initiative cripple the State’s ability to look after all the children who reside in California, but the change it proposes violates the US Constitution. Do not let a radical right-wing measure create second-class citizens!

Please contact your friends and family and urge them to oppose this mean-spirited and unconstitutional measure.

April 16, 2009

TSA to Start “Secure Flight” Screening of Air Passengers

by Romben Law, APC

Many of Romben Law, APC’s immigration law clients travel frequently — domestically and internationally. Passengers, whether in Los Angeles or elsewhere, will begin to notice the “Secure Flight” screening. Airlines will input traveler information so that the Transportation Security Administration (TSA) can screen each person. Airlines will begin asking not only for name, but now also date of birth and gender. TSA will match these names against the no-fly and other watch lists.

TSA states that Secure Flight is intended to protect the secret watch list data and permit security agencies to address security threats earlier — all of which is supposed to make air travel safer. TSA claims that uing one watch list is supposed to make the screening and matching process fairer and more consistent across all airlines.

Using a single watch list also heightens the government’s obligation to create and implement a fair, reviewable, “single portal” process for travelers wrongly placed on a watch list to seek redress. TSA says that its Traveler Redress Inquiry Program (TRIP) will respond to anyone who feels s/he has been wrongly placed on a watch list. Anyone who is having difficulty traveling because of an incorrect entry in the watch list should immediately seek to have the error corrected — and complain directly to elected officials if TSA does not respond quickly and appropriately. –jcf

April 15, 2009

Visiting Cuba

by Romben Law, APC

The Obama Administration announced a change in policy that will loosen US restrictions on Americans who wish to travel to Cuba. The immigration law firm of Romben Law, APC represents a number of Cubans and others in the Los Angeles area who have asked whether it is now possible to visit Cuba.

The announcement on 13 April 2009 states that the government will (a) lift restrictions regarding travel of family members to the island nation, (b) permit remittances to family members in Cuba, (c) relax restrictions for US telecom companies to establish facilities, permit roaming services, offer telecom services, and donate certain consumer telecom devices to Cuba.

Although the announced changes will permit a Cuban-American (and family members who share the American’s home) to visit persons “within three degrees of family relationship,” there has not yet been a blanket removal of the travel restrictions to Cuba for non-Cuban-Americans.

April 10, 2009

Immigration Reform Debates on the Horizon – Announcement by White House

by Romben Law, APC

President Barack Obama campaigned on an platform for that included comprehensive immigration reform that would improve our immigration system and secure our borders. President Obama is keeping that promise in a White House announcement yesterday that he will push for immigration reform.

Among the topics for comprehensive immigration reform are:

a pathway to legalization for certain undocumented aliens

April 8, 2009

Same-sex Couples and Immigration Reform

by Romben Law, APC

As the pioneering Los Angeles immigration law firm that has always welcomed inquiries and consultation from members of the gay, lesbian, bisexual, and transgender communities, Romben Law, APC has been tracking the progress of Comprehensive Immigration Reform (CIR) in the US Congress.

The New York Times is reporting that the White House will begin pushing Comprehensive Immigration Reform soon. The Uniting American Families Act (UAFA )must be included in the reform package.

UAFA will permit US citizens to petition for and immigrate their same-sex partners, on an equal basis as traditional spouses.

February 27, 2009

US Military Will Allow Enlistment of Some Foreign Nationals

by Romben Law, APC

Some Romben Law, APC immigration law clients have asked about the possibility of serving in the US armed forces. Attorneys at Romben Law, APC contacted military recruiters in Los Angeles.

The US Department of Defense (DOD) began a pilot program in December 2008 to recruit up to 1,000 nonimmigrant aliens in the next 12 months. DOD has taken this step to permit enlistment of certain people who have skills which are critical to the US. The critical skills are within the medical field and foreign languages.

If you wish to enlist, you must be in one of the following categories: asylee, refugee, temporary protected status (TPS). Also, E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, or V nonimmigrants are eligible. An eligible recruit: (a) must not have had any single absence from the US of more than 90 days during the two-year period preceding enlistment, (b) must have been in valid status in one of these categories for at least two years immediately prior to enlistment (but it does not have to be the same category for the entire period), and (c) in the medical category, the recruit must fill medical specialities where the armed forces have a shortfall, and (d) in the language category, the recruit must possess specific language and culture capabilities in a language critical to DOD.