Dear Readers:

Most of you have already probably heard that the election in the US resulted in a sweeping change in both houses of Congress. And suddenly the prospects for comprehensive immigration reform have improved dramatically with the leadership in both Houses and the President all now stating that they support a sweeping overhaul of the immigration system that addresses all aspects of the issue and not just border enforcement.  

This week I provide my analysis of the role immigration played in the election and what to expect when the 110^th Congress begins in January. And in the next Congress you can expect us to provide the same up to the minute coverage of the movement of the comprehensive immigration bill. We’ll update our blog (www.visalaw.com/blog.html ) to give you instant news, provide section-by-section summaries on our web site’s front page and give deeper analysis in our regular newsletter.  

In the mean time, the election puts immigration lawyers in an interesting position. Our job is to advise clients not just on what the law is today, but to also offer advice on where the law may be going. And the advice we offer based on how the law is today may not be in the best interest of the client if we think there will be a new option in a few months. Unfortunately, we often are disappointed when our expectations are not met. I remember, for example, that we were expecting an extension of 245(i) in the fall of 2001. The bill was actually on the House floor and about to be passed when it was being debated on the morning of September 11^th of that year. I’m sure you can guess what that day’s events meant for pro-immigration legislation. So just because things look promising today, you never know. Clients will ultimately have to decide how much they are willing to gamble that legislation will pass and that it will accomplish what is needed.  

Furthermore, just because a bill becomes law does not mean that all is going to go as planned. Any immigration lawyer who has been in this field for a few years knows that USCIS and the State Department have the means at their disposal to thumb their noses at the Constitution and ignore or twist a law so that it fails to accomplish what was intended by Congress. Some sections of the law may require regulations. USCIS or DOS could simply fail to ever get around to issuing the regulations. And some sections may not require regulations, but USCIS or DOS will insist they do and hold up adjudications. And then there are cases where regulations are issued that seemingly have no connection to the law that passed. I can predict now, even before a law is even written, that it will end up in court.  

So we have a long, long way to go before comprehensive immigration reform can be felt by the average person. But we at least know that we are one major step closer to the finish line.  

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As always, we remind readers that if they are interested in Siskind Susser handling their immigration matters, you can call our office at 901-682-6455 to set up an appointment.  

Regards,  

Greg Siskind