Openers

Dear Readers:

While many on Capitol Hill have pronounced immigration reform dead for 2010, there are actually a number of hopeful signs that a deal may be closer than ever. The President gave a plug for comprehensive immigration reform in his State of the Union Address (though he didn’t spend a lot of time on the subject). And then White House advisor David Axelrod warned that immigration reform will not happen unless it has real bipartisan support. Many interpreted these two remarks as meaning the Obama Administration was giving up on reform.

However, there are signs that real progress is being made in gaining supporters in both parties and that hardliners are starting to move from their engrained positions. Consider the following:

1.      Congressman Jason Chaffetz (R-UT), an immigration hardliner leader who made the issue the centerpiece of his campaign to defeat his predecessor Republican Congressman introduced a resolution calling for no “amnesty”, but then gave an interview with a local Salt Lake City newspaper indicating that he might consider paying a fine as an acceptable compromise to allow legalization.

2.      Senator Patrick Leahy indicated that Democrats should consider accepting piecemeal immigration legislation if they can’t get everything they want in a comprehensive package.

3.      Journalist Jeffrey Kaye reported that a plan will be unveiled in late February and bill language would come in March. In the same article in Huffington Post, he quoted AFL-CIO legislative representative Sonia Ramirez as saying that labor is ready to back off the commission proposal that has caused many in the business community and many Republicans to balk at supporting immigration reform.

Stay tuned.

There was also an important development in the courts regarding state immigration laws. The harsh Oklahoma immigration enforcement bill was thrown out in part by the 10^th Circuit Court of Appeals. The court ruled that Congress preempted much of what can be legislated when it comes to employer immigration compliance. The state’s creation of a private right of action for workers to sue employers over hiring illegally present immigrants and a requirement for companies to screen the immigration compliance of contractors were thrown out. The court allowed a provision mandating the use of E-Verify by contractors to government agencies to remain. The upshot now is that there is a split between the 9^th Circuit which upheld Arizona’s law and the 10^th Circuit regarding how far states can go in regulating immigration and the odds now increase that the Supreme Court will step in.

*****

Finally, we would invite readers interested in becoming Siskind Susser clients to contact us. My email is gsiskind@visalaw.com and my phone number is 901-682-6455. Our firm assists clients locating anywhere in the US and we have attorneys with expertise in most areas of immigration law. You can also request an appointment by filling out a request form at http://www.visalaw.com/intake.html.

Regards,

Greg Siskind

Index | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.