Dear Readers:

This week reminded us that while addressing the dysfunctional legal immigration system and dealing with the millions of illegally present immigrants is not going anywhere, the relentless enforcement strategy that began in 2007 under President Bush continues at full throttle. This week, the Associated Press and New York Times reported on 15,000 pages of internal Department of Homeland Security documents released as part of a Freedom of Information Act request. The subject was the Secure Communities and what was revealed was a plan to mandate that all law enforcement agencies around the country share information with Immigration and Customs Enforcement whether the local agency is interested in or not. Whether this is legal or not, or good policy or not, has been overshadowed by the deliberate misleading of states and municipalities over the fact that once you sign up for the program, there is no way to opt out. In fact, by 2013, DHS plans on requiring every law enforcement agency in the country to be participating in Secure Communities.

This week we also learned that 1000 more companies across the country are going to be randomly selected for I-9 audits. This follows recent news that the amount of I-9 fines levied against the nation’s employers has increased 1000% over the last three years.

Advocates for immigration reform had previously pushed for comprehensive change – dealing with legalization of the undocumented, enforcement and legal immigration reform all at the same time. But that strategy was quietly abandoned for the enforcement first approach demanded by many.

The problem with this approach is the “moving of the goal posts” recently pointed out by Secretary of Homeland Security Janet Napolitano. In short, no matter how much progress is made in securing the border, it will never be enough to satisfy the anti-immigrants.

So it was refreshing to see that Senator John McCain, who recently decided to become re-engaged in the immigration reform debate, revealed that he was working with the Obama Administration on establishing benchmarks to demonstrate that the border has been secured. Once those benchmarks are in place, it will be easier to move toward the next stage of reform.

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In firm news, congratulations to my law partner Lynn Susser who was in Washington this week being sworn in to practice in front of the US Supreme Court. She was still in DC as of the writing of Openers and I haven’t heard the skinny on the experience, but I can’t wait to find out what it was like.

I was also on the road this week having delivered a talk at Boston University School of Medicine on immigration options for physicians and post-docs. This coming Friday I’ll be in Philadelphia speaking at the ABA New Partner and In House Counsel Conference in Philadelphia. I’ll be speaking on marketing at this always excellent conference. You can find out more at http://www2.americanbar.org/calendar/new-partner-and-in-house-counsel-conference/Pages/default.aspx .

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Readers are reminded that they are welcome to contact my law office if they would like to schedule a telephone or in person consultation with me or one of my colleagues. If you are interested, please call my office at 901-682-6455.

Regards,

Greg Siskind