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Immigration Law

Greg Siskind's Blog

Latest news related to immigration law in a simple, clear, and interesting manner by a partner in Siskind Susser's Memphis, Tennessee office who specializes in immigration matters in the healthcare and technology industries.
By Greg Siskind

Post Frequency: 25.1/day

Last Entry: March 30, 2011 at 17:55:32

"COERCIVE, UNCONSTITUTIONAL AND TAINTED BY RACIAL PROFILING"

Posted on August 30, 2010
Most people think the Border Patrol just patrols the border. But Nina Bernstein reports in the New York Times this morning that the agency is involved in doing checks on Amtrak trains going between major cities like Chicago and New York that don't actually go by the border...

GONE FISHIN'

Posted on August 29, 2010
While the shift to focusing on deporting criminals rather than workers makes sense, some anti-immigrant officials are really stretching the term "criminal" in terms of who is being targeted. The Knoxville News reports that 27 people in Nashville caught fishing without a license ended up in deportation proceedings...

H-1B REQUESTS FOR EVIDENCE HAVE DOUBLED IN THE LAST YEAR

Posted on August 28, 2010
This is a detail from the June USCIS Ombudsman report I hadn't noticed before, but a BusinessWeek report this week highlights that fact. We immigration lawyers have sensed that this was the case, of course. We regularly warn clients now to simply expect them even if the case is air tight...

THE AGE CONUNDRUM

Posted on August 28, 2010
Vivek Wadhwa writes a piece that while not about immigration, certainly is relevant to the debate regarding skilled worker immigration. He discusses the ruthless beast that is the high tech world when it comes to how older engineers are treated and why the industry simultaneously faces a shortage and a surplus of talent...

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NEW BLOG: NEWS FROM THE IMMIGRATION COURTS

Posted on August 27, 2010
My colleague Jack Richbourg has started a new blog that covers cases coming down from the Board of Immigration Appeals, Courts of Appeal and the Supreme Court. His first post covers the case Matter of X-M-C in which the Board of Immigration Appeals addresses the question of whether an Immigration Judge can rule an asylum case is frivolous without actually hearing it...

WOMAN ACCUSED OF RELEASING UTAH "ILLEGALS" LIST RESIGNS

Posted on August 27, 2010
About time. Now bring her to justice.

EXTREME IMMIGRATION POSITION LIKELY COST MCCULLOM FLORIDA GOVERNOR JOB

Posted on August 26, 2010
Think Progress explores the subject. It notes the Miami Herald's interview of a prominent Miami-Dade Republican. Cuban-Americans make up a critical part of the Republican base in Florida and they are increasingly unhappy with the xenophobia expressed by many in their party...

THE IMMIGRATION HALL OF SHAME

Posted on August 25, 2010
My friend Amy Novick writes a piece on Huffington Post that lists some of the most anti-immigrant public officials in the country. They're all pretty good selections, though I can certainly come up with a few additional nominees. How about our old friend Sheriff Joe Arpaio? His compatriot in the Arizona Legislature Russell Pearce should be considered...

H-1B QUOTA EXHAUSTION TARGET STILL MARCH 2011

Posted on August 24, 2010
Every Tuesday, USCIS releases its data on the pace of usage of H-1B numbers. I'm monitoring that usage and projecting the end date for H-1B numbers. It's not complicated science, but I'm basically using a rolling average of the prior four weeks of H-1B usage to minimize the anomolies of one particular week and then assuming that usage over the prior month will continue at roughly the same pace...

LAW ENFORCEMENT ASSOCIATION: PHOENIX LYING ABOUT KIDNAPPING NUMBERS TO GET MORE FEDERAL DOLLARS

Posted on August 24, 2010
A pretty serious accusation. Phoenix Law Enforcement Association president Mark Spencer accuses the Arizona city of inflating its kidnapping numbers to bolster its claims to stimulus money. Anti-immigrant activists have been citing the bogus numbers to bolster their claim that Phoenix is the "kidnapping capital of the world" largely as a result of illegal immigration.

USCIS REPORTEDLY HOLDING UP PIERS MORGAN TAKING OVER FOR LARRY KING

Posted on August 23, 2010
The New York Post is reporting that Piers Morgan, the very British judge of America's Got Talent is having problems getting approval from USCIS to come and take over Larry King's coveted seat on CNN's prime time schedule this fall. The article raises more questions than it answers...

ICE ARRESTS 158 IN UTAH ENFORCEMENT ACTION

Posted on August 20, 2010
ICE has announced its largest enforcement action ever against gang members. In terms of enforcement efforts, this is precisely the right place to be focusing.

THE ECONOMIC CASE FOR IMMIGRATION REFORM

Posted on August 19, 2010
A friend sent this slide from a powerpoint on the report "Raising the Floor of American Workers".

IMMIGRANT OF THE DAY: SOMY ALI - ACTRESS/RESCUER

Posted on August 19, 2010
Pakistani-born Somy Ali is a former Bollywood actress who is also a model and journalist as well as a purveyor of her own line of clothing. But she's getting a lot of attention these days for her work with No More Tears, an organization she founded in 2006 in South Florida to help immigrant women who are facing domestic abuse...

H-1B QUOTA EXHAUSTION TARGET - MARCH 2011

Posted on August 19, 2010
Something new I'm starting. USCIS puts out weekly data on the use of H-1B visas for the 2011 fiscal year which starts in October. I'm going to monitor that for readers and add my own projection on the months the caps are likely to be hit. The quota is 65,000 per fiscal year plus an additional 20,000 for folks with degrees from US advanced degree programs...

63 ARRESTED IN ARIZONA ICE RAID

Posted on August 16, 2010
Most of those arrested were wanted on criminal charges. Except for some on the extreme end of the immigration debate, most people think this is exactly where the government should be focusing our scarce budget resources and the statistics certainly indicate that the Obama Administration has been succeeding in this area.

FALLOUT CONTINUES OVER ANTI-INDIA H-1B LAW

Posted on August 16, 2010
Good article from the Wall Street Journal. My friend Vivek Wadhwa is quoted regarding the new reverse brain drain.

US MAY BE SETTING OFF TRADE WAR WITH NEW BORDER POLICY

Posted on August 14, 2010
Paying to beef up the border with Mexico by charging exhorbitant fees to Indian staffing companies complying with H-1B laws is probably a violation of the General Agreement on Trade in Services, an agreement that is vital to ensuring US companies are able to employ many of the 6,000,000 Americans working around the world...

IMMIGRATION HUMOR: COLBERT EXPLAINS THE 14TH AMENDMENT CONTROVERSY

Posted on August 13, 2010
The Colbert ReportMon - Thurs 11:30pm / 10:30cCitizenship Down - Akhil Amarwww.colbertnation.com Colbert Report Full Episodes2010 ElectionFox News

HUCKABEE SPEAKS OUT IN SUPPORT OF 14TH AMENDMENT

Posted on August 13, 2010
Not all Republicans have drunk the Kool Aid.

SCHUMER ATTACKS STAFFING COMPANIES USE OF H-1B

Posted on August 13, 2010
Really disappointing. Senator Schumer says on the one hand that the targeted companies are not violating the law and on the other says they are underpaying their workers - which would be a violation of the law. Which is it? And he disparages the entire staffing industry - an industry that in the US employs far more American citizens than immigrants - by questioning the legitimacy of the business model and complaining that these companies don't make anything...

SENATE PASSES BORDER BILL AND SENDS TO PRESIDENT

Posted on August 12, 2010
Just passed. $600,000,000 for border enforcement coupled with big new fees for large staffing companies who heavily depend on the H-1B visa.

POLL: MOST BORDER RESIDENTS FEEL SAFE

Posted on August 12, 2010
One of the big arguments the antis are making when pushing Arizona-ish laws is how unsafe the border region has become. The statistics don't back that up, but perception is often reality. So how do border residents actually feel? According to a one new poll, most people feel fine.

TANCREDO SEEKING TO SPOIL COLORADO SENATE RACE

Posted on August 12, 2010
More evidence that immigration hurtst the GOP more than it helps.

NEW PEW STUDY SHOWS 25% OF CHILDREN BORN TO IMMIGRANTS

Posted on August 12, 2010
Interesting study. The headlines this morning around the country are on the subset of children of illegally present parents which Pew is estimating is about 7% of all children born in the US. It's not a surprise to see the GOP getting increasingly crazy as they know that in the long run they'll go the way of the Whigs unless they either convince Hispanic voters to support them or disenfranchise enough of them that they can continue to win elections with only Anglo voters.

PROPORTIONAL CONSEQUENCES

Posted on August 11, 2010
My friend Tom Roach in Washington State forwarded this letter from the Arizona Catholic Conference which was released after Judge Bolton's decision in the Arizona case. I'm posting it because it has some language that I think is very helpful in the debate...

HOUSE PASSES BORDER BILL

Posted on August 10, 2010
The surprise $600 million border security bill passed by the Senate last week has been quickly approved by the House in a voice vote. Though the House bill has language identical to the Senate bill it still is not ready to go to the President for signature...

ANTIS NEXT TARGET: PUBLIC SCHOOL EDUCATION FOR ALL CHILDREN

Posted on August 09, 2010
While abolishing birthright citizenship is a long-shot issue for anti-immigrants, some are setting their hopes on a target that they hope is easier to hit - the right of all children in the US to a public school education. But you say that the Supreme Court ended the discussion on this nearly 30 years ago in the Plyler case when they held that all children in the US - even those illegally present - have the right to attend public schools under the Equal Protection Clause of the Constitution...

WHITE HOUSE STOPS STUDENT DEPORTATIONS

Posted on August 09, 2010
The Times reports that the White House has quietly stopped deporting students that appear eligible for the DREAM Act should that bill pass. That's in contrast to the increase in deportations we've seen overall, particularly of criminals. [Hat tip to Adi for posting in the comments].

BOEHNER FAVORS MOVING ON 14TH AMENDMENT HEARINGS

Posted on August 09, 2010
Lest you thought that only the Republican leadership in the Senate had lost its collective mind.

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