The Arkansas Times Democrat of Little Rock, the largest newspaper in Arkansas, profiled me in its Sunday edition this morning. The article mainly focuses on our Internet presence (including this blog) and our coverage of comprehensive immigration reform.

Q - When is the draw for the green card lottery due (specific date)? When will winners be notified? Is the following website genuine or a fraud? http://www.nationalvisaservice.com/

A - The lottery winners are usually notified beginning in April and ending in June or July. I originally posted this answer yesterday saying I didn't believe winners were starting to get notified yet. But a lawyer reader set me straight saying that he had just seen his first winner last week.

As for this site, I don't have any specific information and cannot advise. However, I would be weary of sites that attempt to resemble US government sites. I would also be weary of sites that charge exorbitant fees. Entering the lottery is not that difficult for most people. We mainly recommend using an outside service when your English skills are poor, when you don't trust your country's mail service and wish to use a third party's address or when you anticipate moving during the year following entry into the lottery. Otherwise, you can probably enter yourself without too much difficulty and with no cost.


If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Q - I am already on H1B and filed for an extension 3 months ago. I had already processed the H1B visa in Canada and had my passport stamped. Can I have my passport restamped in the US?

A - No. Visa revalidation is no longer available in the US. Visa stamping can only happen at a US consulate.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Bender's Immigration Bulletin today reports on the extraordinarily blunt criticism of Philadelphia Immigration Judge Donald Felise by the 3rd Circuit Court of Appeals. In Aijaz v. Attorney General, the court notes that Judge Felise completely ignored evidence that an asylum applicant's father was murdered - a fact conceded to by the government's attorney. According to the court

We are today issuing another opinion in which we criticize Judge Ferlise's conduct. See Cham v. Gonzales, No. 04--4251 (3d Cir. 2006). These opinions are not the first in which we have done so. See, e.g., Sukwanputra v. Gonzales, 434 F.3d 627 (3d Cir. 2006); Fiadjoe v. Attorney General, 411 F.3d 135 (3d Cir. 2005).

Bender's Immigration Bulletin also today links to the earlier case of Cham v. Attorney General where even sharper criticism is leveled against Judge Ferlise's "bullying" conduct:

The case now before us exemplifies the "severe wound . . . inflicted" when not a modicum of courtesy, of respect, or of any pretense of fairness is extended to a petitioner and the case he so valiantly attempted to present. Yet once again, under
the "bullying" nature of the immigration judge's questioning, a petitioner was ground to bits. That immigration judge's conduct has been condemned in prior opinions of this court. See, e.g., Sukwanputra v. Gonzales, 434 F.3d 627, 637--38 (3d Cir. 2006) ("intemperate and bias--laden remarks" interjected by the immigration judge, "none of which had any basis in the facts introduced, or the arguments made, at the hearing"); Fiadjoe v. Attorney General, 411 F.3d 135, 143, 145--46,
154--55 (3d Cir. 2005) [*3] ("bullying" and "brow beating" by the immigration judge; "continuing hostility towards the obviously distraught [petitioner] and his abusive treatment of her throughout the hearing," reducing her "to an inability to
respond"; and an oral decision, later "sanitized," which was "crude (and cruel))."

The Associated Press writes about the story today as well. In that piece, the AP reports that Ferlise is ranked as one of the ten toughest asylum judges in the country approving just 10% of the cases he heard in 2000.

I'm just returning from Atlanta where I chaired the American Immigration Lawyers Association Conference on marketing and technology. I had the pleasure of sitting on a technology panel with two old friends - Robert Divine, the Acting Deputy Director of USCIS (Robert also recently served as the acting director of the whole agency) and Ross Kodner of Microlaw. Ross is one of the country's top law office technology consultants.

Robert spoke on a technology initiative at USCIS that will eventually move the agency away from paper to an all electronic filing system. He also spoke of an initiative to integrate all databases and have a system where immigrants would set up online accounts with the agency and be able to simply update their files and request new "transactions" when they request a new status or benefit. The plans are very exciting and promise to make the visa application process much more straightforward, faster and more efficient.

Ross advised attendees on how to find the best case management system and also how to create a document management system for a law office. His excellent presentation is available on his web site here.

I also had the pleasure of sitting on a marketing panel with long time friend Chuck Kuck, vice president of AILA as well as Bil Getch of Professional Services PR in Atlanta. That panel presented an informal look at everything from web sites to public speaking to yellow page ads to trade shows as effective marketing vehicles.

The morning was spent getting training on how to work with the media on immigration stories. We learned how to interact with journalists and how to effectively advocate whether for a particular piece of legislation or on behalf of a client. The panel was excellent as well. Mary Hamill, president of Global-5 and a former television reporter, conducted a live demonstration where she interviewed audience volunteer audience members.

Joshua Levs, the well-known reporter from National Public Radio and CNN, gave his perspective on how we can better work with journalists. Josh actually interviewed me seven years ago on National Public Radio. You can still hear the interview online which just goes to show you how the Internet can help good PR live on for a long time (bad PR as well, of course). The panel also included George Tzamaras, AILA's Communications Director and Denyse Sabagh, a former AILA president from DC who is frequently interviewed in the national media.

By the way, my blog post from yesterday regarding the Leahy-Coleman amendment was posted as a demonstration for the audience while I was presenting my opening remarks.

I've been conflicted about the concept of boycotting work on May 1st. On the one hand, it would certainly demonstrate in a very clear way just how important undocumented immigrants are to the US economy. I think a lot of people advocating mass deportations still have no idea. On the other hand, a lot of folks on the fence on the immigration issue may start to resent immigrants rather than sympathize with their cause if the tactics change to inflicting pain on the public. And why mess with what is clearly working. The massive street protests of the last several weeks have had a profound effect on the public discourse and are working.

I'd rather see a day of more of the same - people rallying. But I would urge people not to boycott American businesses, skip work or miss classes. Make your point on May 1st by going to a rally after work or school. And don't forget to register to vote if you're a US citizen.

Senators Pat Leahy (D-VT) and Norm Coleman (R-MN) are co-sponsoring an amendment to the Senate’s mega-comprehensive immigration reform bill. The provision would modify the Immigration and Nationality Act’s prohibition on immigration to those providing material support to terror groups. That sounds like a perfectly sensible provision. And it is. But there are many examples of cases where people are forced to provide such support and because the law is so broadly written, they cannot qualify for refugee status. I personally learned about this problem from my work with the Hebrew Immigrant Aid Society, a refugee resettlement organization that works with many groups of all religious faiths. In South America, 10,000 to 20,000 refugees from Colombia could be barred from seeking refugee status in the US due to fears tied to the FARC’s terrorist campaign because they were forced to dole out financial support to that group. An excellent explanation of the need for this is provided in an American Bar Association letter that is republished on Bender’s Immigration Bulletin.

I'm just on the way home from a day of walking the halls of Congress and meeting with Senate and House staffers. I've been in Washington mainly working on legislation to extend the Conrad J-1 physician waiver program which allows international physicians to work in the US in medically underserved areas. But I've also been promoting comprehensive immigration reform. I've been joined on this trip by fellow lawyers as well as clients and, as always, have found the experience invigorating. I've heard that one trip to Washington by a constituent is worth a thousand letters to a Congressman or Senator and I really think it is true. These trips really make a difference and they're not difficult. If you're a lawyer, consider going to AILA Lobby Day and also taking trips on your own or with other groups. If you're not a lawyer, contact an immigrant rights group in your community for information. Going to DC to meet with your Congressman or Senator is one of the most meaningful rights we have as Americans and it's one that should not be wasted.

Senator Majority Leader Bill Frist (R-TN), Senator Minority Leader Harry Reid (D-NV) and leaders on the immigration reform debate held a joint press conference on the White House lawn yesterday after concluding an hour long meeting with President Bush on the subject of immigration.

Senator Frist indicated that the discussion was frank, but very productive. He indicated that the Senate was about ready to pick up where it left off before the Easter break and that procedural questions, not substantive questions, are holding things up. But he also indicated that he was optimistic that a deal would be worked out before Memorial Day.

Senator Reid also indicated he was optimistic on the end of May deadline and praised President Bush who he indicated is very supportive of what the Senate is doing.

Senator Specter indicated that he was optimistic that a comprehensive immigration reform bill would pass this year and that the President appears to be supportive of the Senate's approach. Specter indicated that he too was optimistic not only that the Senate would pass a bill by Memorial Day, but that a bill would ultimately reach the President's desk for signature this year (i.e. the House of Representatives and the Senate will reach a deal). Specter indicated that he was more optimistic now than before the meeting since the President now appears to be supportive of the specifics of the Senate's approach to dealing with the 11 to 12 million undocumented immigrants.

Q - I need to know if a Pakistani female who is on an F-2 (after visa expiration)can avail automatic revalidation? Her visa is expiring but her status is legal and she wish to travel to Canada for less than 30 days. Can she avail automatic revalidation (after expiration of her US visa) if yes what she need to do to avail automatic revalidation?

A - If she has remained in status and is going to Canada for less than 30 days, she should be able to simply leave and reenter with her unexpired I-94 even if her visa is expired. Visa revalidation is not available to certain nationalities on the terror watch list anymore, but Pakistan is not one of them. Note that applying for a visa while in Canada will mean visa revalidation is not permitted.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Senator Arlen Specter was quoted today on CNN's Late Edition as saying he would have an immigration bill ready for debate shortly after the Senate comes back into session tomorrow morning and that his bill has the ingredients for passing.

Specter admitted that reaching agreement with the House will be difficult, but that this was also true with the Patriot Act and a deal was reached.

Tamar Jacoby, a scholar at the libertarian Manhattan Institute, is one of the leading conservative experts in the US on the subject of immigration. Jacoby has been reminding people on the right that being pro-immigration fits into a conservative agenda. In a commentary in the Orange County Register today, she argues that the prospects for passage of an immigration bill this year are still good:

The safe political money was all betting on cynicism, at least when it came to immigration. The Senate debate about immigration reform collapsed 10 days ago, and conventional wisdom has been arguing ever since that that was the end of that. The issue is too contentious, the nation too divided, the president not powerful enough to turn his vision into reality. So much for fixing the system, the self-styled realists held - this month or even this year.

But these reports of the bill's demise may be exaggerated. Congress is in recess, due back in Washington the end of the month, and while the safest prediction is stalemate - that the Senate will simply drop immigration and move on to other issues - there are reasons to believe that legislators will pick up where they left off and come together around a solution.

An article in the latest issue of Time Magazine indicates that new White House Chief of Staff Josh Bolton has a five point plan to help Bush enough in the polls to prevent a Democratic takeover of Congress in the fall. Number one on the agenda is a crackdown at the border and potentially dropping insistence on a guest worker program:

1. Deploy Guns and Badges.

This is an unabashed play to members of the conservative base who are worried about illegal immigration. Under the banner of homeland security, the White House plans to seek more funding for an extremely visible enforcement crackdown at the Mexican border, including a beefed-up force of agents patrolling on all-terrain vehicles (ATVs). "It'll be more guys with guns and badges," said a proponent of the plan. "Think of the visuals. The President can go down and meet with the new recruits. He can go down to the border and meet with a bunch of guys and go ride around on an atv." Bush has long insisted he wants a guest-worker program paired with stricter border enforcement, but House Republicans have balked at temporary legalization for immigrants, so the President's ambition of using the issue to make the party more welcoming to Hispanics may have to wait.

US Secretary of State Condoleeza Rice told attendees at the Globat Travel & Tourism Summit this week that the US needs to change its image as a country that doesn't welcome international travelers.

Rice indicated that she is aware of concerns about consular processing and port of entry inspections. According to GovExec.com,

"We have heard these concerns ... and we are doing everything we can to improve" ease of travel while boosting security, she said.

According to the Travel Industry Association, the U.S. proportion of international travel has declined 35% in the last seven years and revenues have decreased by $20 billion.

According to GovExec.com,

To address traveler concerns, Rice and Homeland Security Secretary Michael Chertoff in January announced a joint initiative aimed at securing U.S. borders while sending a message that the U.S. door is open to visitors. "When we make it harder for terrorists to travel, we make it harder for them to attack us," she said in explaining the security steps.

The Associated Press is reporting that Senator Majoriy Leader Bill Frist (R-TN), will try to push through an immigration bill by Memorial Day next month. According to the AP, Frist will also seek $2 billion to fund border protection. A spokesman for Senator Harry Reid (D-NV), the Minority Leader, is reported by the AP to have said

"Democrats will strongly support efforts to secure our borders, but under President Bush our immigration system has become broken." He said the only way to fix the system is for Bush, Frist and Sen. John McCain, R-Ariz., one of the lead sponsors of immigration legislation, "to stand up to the right wing of their party" and work with Democrats.

In one of the largest raids of its kind ever, Immigrations and Customs Enforcement simultaneously raided facilities of IFCO in 26 states. IFCO, a German-owned company is the largest pallet services company in the United States. Seven current and former managers and executives were also arrested.

Siskind Susser was awarded the IMA Platinum Award for 2006-2007 as having the best law firm in the country in the Small and Mid-Sized Category. IMA is the major ranking service judging law firm web sites. The IMA folks had this to say about our site:

As you hear all about blogs, all you need to know is that it has been more than two years since Visalaw started theirs. Just check the old IMAs and Nifty Fifty. In other words, there are leaders and followers. Siskind Susser has always been a leader in the online world. Numerous immigration lawyers and firms have tried to duplicate everything from creating a massive e-mail newsletter following to figuring out how to practice virtually. Along the way, this firm has become one of the largest immigration firms in the nation. Yet, unlike many firms, the commitment to the web has never lost steam. They manage to update the site practically daily—if not more. And talk about interactivity. If you meet someone that has anything to do with immigration law and they have not been to this site, they are either incompetent or liars. Everyone knows them. And without the web, they would not be who and where they are in the industry.

Janet Napolitano, the Governor of Arizona, exercised her veto power and rejected a bill that would have allowed local police in her state to arrest any undocumented immigrant in the state on grounds of the crime of trespassing. The bill was opposed by police departments that wanted immigration enforcement left to the Department of Homeland Security.

The bill echoes the attempt by Congress to criminalize illegal immigration status. According to Governor Napolitano:

"It is unfortunate that the Legislature has once again ignored the officials who are most directly affected by illegal immigration and instead has passed yet another bill that will have no effect on the problem but that will impose an unfunded burden on law enforcement."

The New York Times reports that most economists do not believe that undocumented immigrants are having a large impact on wages for American workers even though this is one of the major arguments used by opponents of legalizing them.

Aside from cracking down on undocumented immigrants and their employers, the bill also follows a trend in other states of cracking down on "notarios" who run for-profit immigration assistance companies without a law license. The Chattanoogan reports that the bill does the following:

• Requires that these businesses post signs stating they are not lawyers and cannot provide legal advice.
• Bars these individuals/businesses from using the terms notary, lawyer or attorney in advertising (may use term “notary public” if certified)
• Makes it a misdemeanor for a first offense; high and aggravated misdemeanor for second and subsequent offenses within 5 years.

While states are not permitted to regulate immigration law, they increasingly are passing laws that are specifically targeted at punishing or helping illegal immigrants as well as their employers. We reported earlier this week that Nebraska passed legislation making it possible for young undocumented immigrants to qualify for in state college tuition rates.

This afternoon, Georgia went a different direction passing one of the toughest state level immigration laws in the country. Today, Governor Sonny Perdue signed the Georgia Security and Immigration Compliance Act.

Reuters reports that the bill denies state many state services to people in the US without authorization and it also requires employers doing business with the state to verify the immigration status of their employees. Employers would not be able to deduct wages over $600 paid to undocumented workers. And police would also be required to report undocumented immigrants to US Immigration and Customs Enforcement.

According to the Chattanoogan, the bill also imposes a 6% payroll tax on nonresident aliens working in the state.

Proponents of the law that the overwhelming majority of Georgia citizens support the new law. But Gerry Gonzalez, executive director of the Georgia Assoication of Latino Elected Officials, told the Atlanta Business Chronicle, "This is something that's going to resonate with Latino voters in November. We're going to remember it."

Garance Burke of the Associated Press reports today on Myrna Dick, the mother of 18 month old US citizen Zachary Dick and the wife of US citizen Brady Dick. Myrna is facing deportation and a lifetime bar on ever coming back to the US. Did she kill someone? Did she beat her child? Is she a drug smuggler? A terrorist?

No. She allegedly made a false claim to immigration authorities that she is was a US citizen when she once sought entry to the US.

She's just a mom and we're about to ruin three lives over something that while serious clearly does not warrant this kind of punishment. So much for family values.

By the way, this was the treatment she got when she was arrested for this civil violation:

"Six years later, the government reinstated the old deportation order under Treviso-Frias' name to take Myrna into custody. Myrna was three months pregnant. For two weeks, nauseous with morning sickness, she was shackled to the floor and bused from a detention facility in Versailles, Mo., to Immigration and Customs Enforcement offices in Kansas City.

"When they sent her to jail, no one told her she could consult a lawyer," said Sharma-Crawford, an immigration attorney in Overland Park, Kan. "Then, when the case finally went to court, it was like having a murder trial by argument alone. We got no witnesses and could only present evidence that the government got to pick.""

Myrna Dick might have a shot at staying with her family if comprehensive immigration reform is passed. Hers is one more story to remember when thinking about why we need better laws.

I have been struck by several stories I've seen in recent weeks about some of the small and large sacrifices kids around the US are making to participate in protests around the US.

A youth march was held yesterday in Los Angeles to remember Anthony Soldara, a Southern California 14 year old who committeed suicide March 30th, four days after participating in the massive march in his city. The Los Angeles Times reports

Louise Corales said her son, Anthony Soltero, called her shortly before shooting himself to death March 30, saying he was suspended from school and had been told by the vice principal that he was going to jail for three years for skipping school.

The school system denies that the vice principal made the threat though the facts certainly don't look good.

In school systems throughout the country, students have risked suspensions and other disciplinary actions because they have participated in walkouts to protest immigration policies. Students have, in fact, been suspended. At one school, all students who participated in the walkouts were barred from attending the school's prom.

Today, the Salt Lake City Tribune reports that a mostly Latino local Boy Scout troop has been warned that it cannot issue merit badges for "Citizenship in the Community" for youths participating in protests in that city. The Great Salt Lake Council of Boy Scouts of America warned the troop that awarding badges would violate the policy against involvement in political events. Troop leader Michael Clara noted that the Boy Scout council didn't have a problem with awarding badges to members of the same troop for participating in a flag ceremony at the most recent Utah Republican convention.

I have mixed feelings about the best way to approach the subject. I think it is wonderful that young people are exercising their free speech and participating in the protests. This is a most American value and these children are learning what it means to be a citizen of this country. American-born children can learn a lesson.

I hate to see the kids punished, but I also think that one day they will appreciate their actions more knowing that they had to make a sacrifice. On the other hand, school officials should be reasonable in doling out punishments. The prom ban was a good example in my opinion. Certainy the students will feel the pain, but their futures won't be jeopardized.

In any case, these kids are our future and they should be commended for their actions.

Dozens of religious organizations around the US have signed on to a statement urging Congress to support comprehensive immigration reform. You can see the letter here.

Q- Can a B1/B2 visitor go to the USA while pregnant?

A - Women who are pregnant can come to the US on a visitor visa, but I have seen cases where pregnant women were given trouble if they try and enter very close to their due date. Because the US offers birthright citizenship to children born here, some port officers are suspicious of intentions for people traveling late in a pregnancy. But this will obviously depend on the circumstances of the trip and the individual's background.


If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Q - I recently my green card was stolen, and in this point in time I don't have a clue what to do next can You please send me some infoon what I should do.

A - You need to file an I-90 form which can be done at a local USCIS office or done electronically via the web. You can find instructions at http://uscis.gov/graphics/formsfee/forms/i-90.htm.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

I have now completed updated my complete section by section summary of the Specter bill in the Senate as it now stands. The changes are color coded to make it easy to see what has changed.

The Nebraska legislature passed a bill to allow undocumented immigrants who meet the state's residency requirements to receive in state tuition rates at the state's public universities. The legislation passed the legislation and then overcame a veto by the Nebraska governor by a vote of 30 to 15. The margin of victory for the legislation was much greater than expected. Bender's Immigration Bulletin has a copy of the new law.

Senator Harry Reid (D-NV), the minority leader in the Senate accused the Bush Administration as using the immigration debate to divert attention from the Iraq war and that the Republicans are not serious about passing immigration legislation. Reid made the statement in an interview with the Pahrump Valley Times, a Nevada newspaper.

As we noted Thursday, Senate Republicans and Democrats have hammered out a new bill which incorporates most of what was in the Hegel-Martinez compromise bill announced last week (however, there are a number of important changes) and also adding 125 pages of new amendments. The latest version is co-sponsored by Senator Specter (R-PA, Chair of the Judiciary Committee), Senator Hegel (R-NE), Senator Martinez (R-FL), Senator McCain R-AZ), Senator Kennedy (R-MA), Senator Graham (R-SC) and Senator Brownback (R-KS). The fact that Senator Kennedy has given is stamp of approval is highly important since he is the most influential Senator in the party on immigration matters.

We have summarized the changes here. You can also find links to our summaries of the rest of the bill by following the links shown at the top of the document. Here are some of the highlights from my report:

- the H-2C starting quota is dropped from 400,000 to 325,000. Note, however, that the cap can grow by up to 20% a year depending on demand.

- 30% of the EB other worker category will be reserved for people with applications filed before January 4, 2004

- HHS will have to issue a report on nursing that covers the nurse shortage, the US population of foreign nurses and the impact of nursing immigration in the US on the supply of nurses in the supplying countries

- All applicants for naturalization will be eligible for a $500 grant to fund tuition for English and civics classes. The residency requirement for naturalization will drop to four years for those fluent in English (no guidance on how fluent is fluent); the naturalization oath is modified and DOS will now notify the applicant’s home country that the applicant has renounced allegiance.

- Several hundred attorneys are to be added each year for five years at BIA, the IJs, US Attorney, etc.

- Non-citizens will be eligible to join the military and can naturalize after two years (seems to be open to everyone (even the undocumented) and not just green card holders, but it’s not clear that this was intended)

- P visas for athletes are opened up to make it easier for athletes in foreign leagues to qualify as well as people coming for ice skating productions. Advisory opinions won’t be needed for these people or people in professional leagues with revenue over $10,000,000.

- The H-2B language from the REAL ID Act that exempts returning workers from the cap and splitting the cap into six month periods is extended from 2006 to 2009

- Something akin to a 245i late is now in there – anyone with a green card pending based on INA Sections 201 or 203 (family and employment cases) that was filed before the law went into effect will be eligible for a waiver of the overstay bars.

A new report from the Pew Hispanic Center profiles the work situation for undocumented immigrants in this country including the industries in which they work and the salaries at which they are paid. According to Pew, 2.5 million workers have entered the country in the last five years accounting for about 5% of the US workforce. In some industries, such as construction and hospitality, they account for a much higher percentage. Pew estimates that as of 2005, the undocumented population in the US was 11.1 million. They expect that number to grow to as much as 12 million this year.

A new poll jointly commissioned by the Bloomberg news service and the Los Angeles Times shows Republican voters are not nearly as divided on immigration reform as their party leaders. Bloomberg.com described the results this way:

A Bloomberg/Los Angeles Times poll this week shows most Republicans support proposals to give legal status to undocumented workers and legislation that combines tougher enforcement of immigration laws with new temporary-worker programs.

That 64 percent of Republican voters support this two-part approach may be good news for President George W. Bush, who has endorsed a similar proposal. These results indicate Republican voters are at odds with legislation approved by party lawmakers in the House of Representatives last year that only emphasized tougher enforcement and the construction of 700 miles of fencing along the Mexican border.

According to a report in the Associated Press, Senator Harry Reid (D-NV), the Democratic leader, sent a letter to Senator Bill Frist (R-TN), the Republican leader asking for the Senate to resume work on the immigration bill immediately after the Senate finished a spending bill dealing with funding the war in Iraq and relief for victims of Hurricane Katrina.

I have just received the newest compromise bill which reflects the Hegel-Martinez compromise language as well as a number of additional changes reflecting amendments pending at the time of the recess last week. There are a number of additional new sections making the bill come in at a whopping 614 pages.

We will be analyzing the text over the next days and will update our section by section summary to inform readers of the substance of the changes.

National Geographic, not normally known for weighing in on political questions, has an article warning that a border fence could be harmful to wildlife in the region.

As the U.S. government debates major immigration reform, environmentalists warn that the proposed laws would also prevent animal migrants from crossing the country's southern border.

Specifically, the legislation's proposal to erect 700 miles (1,125 kilometers) of immigrant-stopping fence could block key wildlife migration routes in the Sonoran Desert along the U.S.-Mexico border.

I've written an opinion article in this morning's Memphis Commercial Appeal newspaper about myths surrounding comprehensive immigration reform.

A new poll from ABC News and the Washington Post asked a number of immigration questions and findings were surprising

President Bush received poor marks for his handling of immigration with 33% approving and 61% disapproving.

The general public still ranks immigation low on the list of most important issues. Only 12% of members of the public consider immigration the most important issue and presumably views are split in that small number. This is consistent with other polls and this finding, compared with polls of Hispanic voters showing they overwhelmingly consider immigration the most important issue is giving Republicans some worries. They don't appear to be winning ovters with the anti-immigrant views, but there are clearly alienating the very important Hispanic voting community.

The public is now giving Democrats much higher marks on immigration issues than Republicans. 50% of the public approves the Democrats handling of the issue while Republicans only get 38% appvoal ratings.

75% of the public believes that we're not doing enough to thwart illegal immigration. But most, nearly 2/3, don't think that immigrants pose a threat to American workers.

The most interesting question, in my opinion was the following one which asked people to make choices regarding the major options being considered by Congress. Interesting, the House approach and the Frist approach are overwhelmingly unpopural.

21. I'll read three proposals for illegal immigrants who currently live and work in the United States. Please tell me which you prefer.

ONE: Let immigrants who have lived here a certain number
of years apply for legal status and eventually become
permanent citizens if they meet specific conditions,
like paying a fine and back taxes

TWO: Let them pay a fee and work here for a limited number
of years after which they'd have to leave the country

THREE: Declare all illegal immigrants to be felons and not
allow them to work here legally

Which of these would you prefer -
a program that may lead to legal status and permanent
citizenship,a program allowing them to work here for a
limited number of years but not remain permanently, or
no temporary work program and felony status?
                                                          
Program that may lead to legal status and permanent citizenship  63
Program allowing them to work here but not remain permanently    14
No temporary work program and felony status                      20
None of them (vol.)                                               2
No opinion                                                        1 

Francine Lipman, a tax professor at the Chapman University School of Law, has published a report documenting that undocumented immigrants pay more in taxes than they receive in public benefits. One of the key arguments of immigration proponents is that immigrants are a burden on the public coffers.

Senator John McCain (R-AZ), one of the named sponsors of a key section of S.2425, the Senate bill containing guest worker provisions, released a statement indicating his optimism that the body would eventually prevail in passing his legislation. He released the following statement yesterday:

“I want to assure the American people that the cosponsors of the Secure America and Orderly Immigration Act, and the senators who worked to find a compromise last week that would have won the support of a substantial Senate majority remain totally committed to returning to this issue when the Senate returns from recess.

“The public expects Congress to address comprehensively this national problem recognizing both the vulnerability of our inadequately protected borders and the need to allow an earned path to citizenship for the millions of undocumented immigrants who work here that substitutes fines, civic responsibilities such as paying back taxes and learning English, and a place at the back of the line for the de facto amnesty that exits under our current system. This is a fair, practical and humane solution to the problem of illegal immigration that I’m confident has the support of a majority of Americans and will have the support of well over sixty senators. In the Senate, no less than in the country at large, the majority will eventually prevail, and we are absolutely determined that it be sooner rather than later.”

Humor from the San Francisco Chronicle.

I hope some of you had the opportunity to get out to an immigration rally in your city today. Here in Memphis, 10,000 showed up for a protest at the National Civil Rights Museum. For those of you who have not been there, this is the Lorraine Motel site where Martin Luther King was shot. The speakers were a mix of Latino leaders and African American civil rights leaders (including Benjamin Hooks, Martin Luther King's close friend and the former NAACP president). Couldn’t really get great shots from my camera phone, but here are a few. Let's hope these voices are heard in Washington.

Senate Minority Leader Harry Reid (D-NV), who has been specifically criticized by Republicans and others as playing politics with comprehensive immigration reform, hit back at his critics this morning and issued the following statement:

"In a week when President Bush was unable to convince House Republicans to pass his budget, was unable to convince Senate Republicans to pass immigration reform, and was caught misleading the American people about national security matters yet again, it's no surprise that he would take a page from the Karl Rove playbook and blame Democrats to distract from his own troubles. The fact is, President Bush and Senator Frist are flat out wrong about what happened to the immigration bill. Democrats are committed to comprehensive, bipartisan immigration reform. That's why we voted twice last week in favor of it. It was President Bush and Republicans in Congress who lacked the backbone to stand up to the extreme right-wing of their party, filibustered reform twice in two days, and put partisan politics ahead of border security and immigration reform."

Senator Arlen Specter (R-PA), chair of the Senate Judiciary Committee and one of the Senate leaders pushing for an immigration deal, is optimistic that a bill will pass when the the Easter recess ends mid-month.

Specter was interviewed on "Fox News Sunday" and talked about the prospects for the bill:

"I think tempers will cool over a two-week period. And also, there are going to be some expressions by many people very unhappy with the Senate not passing a bill and very unhappy with the House bill" that would make being an illegal immigrant a felony.

"There's a real risk of significant political fallout here, and members of the Senate think about that, believe it or not."

The Associated Press is reporting, however, that House leaders are still not being specific about just how far they will go if the Senate sends a bill to them.

"Until we begin to secure our borders and enforce our immigration laws, I don't think we ought to be talking about a more comprehensive approach," said House Majority Leader John Boehner, R-Ohio, on ABC's "This Week."

Hundreds of thousands of people protested to support comprehensive immigration reform in all parts of the country today. And this is a preview of tomorrow's major protests when millions are expected to turn out.

In Dallas, as many as 500,000 people took to the streets to show their support.

But while Texas had the largest rally of the day, large crowds showed up in many other cities. 180,000 turned out in Washington, D.C. 30,000 turned out in Minnesota, Iowa. 50,000 marched in San Diego. And similar scenes played out in New Mexico, Minnesota, Michigan, Iowa, Alabama, Utah, Oregon, Idaho and Mississippi.

Rallies are set in 136 cities around the country tomorrow and more than 2 million people are expected to participate. And the rallies will start to include representative of other immigrant groups.

In San Francisco, the ZChinese community wil parade out of Chinatown. Haitians will turn out in Miami. And Africans will turn out in anothe r protest in Washington.

Want to show your support and attend one of the April 10th rallies? Go to http://www.cccaction.org/cccaction/april_10_local_events.html

If you listened to President Bush in today's radio address and Senator Frist during yesterday's floor statements, Harry Reid and Democratic allies never really wanted to get a bill passed and used the amendment dispute as a way to keep the bill from getting to a vote. Why? Because they didn't want to give the Republicans a victory on this issue and are hoping to make immigration an issue in the November election.

Listen to Reid and the fault all lies with the Republicans who are intent on figuring out a way to gut the Hegel-Martinez compromise either via amendments or in the conference committee. The Democrats are just trying to keep the Republicans honest.

Whose right? Well, there certainly is plenty of fingerpointing. Marc Cooper, the pro-immigration liberal columnist for the Nation actually has some not so kind words for Senator Reid:

What we didn't anticipate it is what appears to be the ignominious role played by Democratic Minority Leader Harry Reid. I had written, as recently as Thursday, that it looked like his GOP counter-part, Bill Frist, was actually the guy who was going to scuttle what has been the five-year long effort to enact comprehensive reform. But then, the whole story took yet another unexpected turn. An authentic bi-partisan majority was reached in support of an imperfect but significant compromise: a bill that would liberalize and expand legalized immigration as well as grant legal status to six or seven million "illegals" already living here.

And then, on Friday, defeat snatched from victory. The whole deal collapses. And while the reasons are myriad, and while the back-room bickering may never be fully disclosed, there's a whole lot of anecdotal evidence that Harry Reid intentionally blocked the deal. There is an argument to be made that he did the right thing i.e. to "protect" the core of the bill. There's a much stronger argument that Reid simply didn't want to hand a legislative victory to an unpopular Majority Leader and his equally unpopular President. And to hell with the 7 million immigrants who might have benefitted.

This is not some right-wing conspiracy theory. You can find it in Friday's daily press briefing (not yet online) from the non-partisan but certainly Democrat-friendly and liberal leaning National Immigration Forum.

According to a behind-the-scenes story in Time Magazine, the Democrats are hardly united behind Reid. Senator Kennedy, according to Time, is furious at the maneuver. On the other hand, Time indicates that Reid's fears regarding what would happen in the conference committee are not trivial. If the bill gets gutted in the conference committee and then comes back to the Senate for a vote, it might be "political suicide" for the Democrats to vote against it.

And there is some reason to believe this is true. Look what happened in the House in December. A number of Democrats in vulnerable, right-leaning seats. My own Congressman is the perfect example. He's not anti-immigrant. But he's a Democrat now running for Senate in Tennessee, one of the so-called "red states." He would vote for a guest worker program if it were part of an immigration bill. But there's no way he would vote against a border enforcement bill in the middle of a campaign.

Personally, I think the amendments argument is not that strong. The Republicans seem willing to limit the number of amendments to a reasonable number like twenty so the "filibuster by amendment" argument is one that I don't buy. The Democrats also have the votes to stop the worst of the amendments or at least alter them so they don't destroy the substance of the deal. But I do think the conference committee fears are a real issue. So getting some assurance that the Senators on the conference will walk away from the table if the bill is being destroyed is key. I'll leave it to the politicians to figure out how to get such a guarantee.

Q - I am a foreign trained physical therapist. If I am filed for a concurrent i-140 and AOS with my wife(Physical therapist also) as a dependent, will she be able to file for an Employment Authorization Document even if my visa application has not yet been approved yet?

A - Yes, your wife can get an employment authorization document based on filing the adjustment of status application even if the I-140 is not approved.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Siskind Susser has submitted it's comment on the horrendous proposed labor certification regulation. You can find the proposed regulation on our web site here and you can see our comment here.

The rule would end legitimate substitutions in labor certification cases, impose an unreasonable deadline to file an I-140 after approval of a labor certification and limit the ability of immigrants to hire their own attorneys.

We encourage all of our readers to consider commenting. You can find instructions on commenting in the regulation linked above.

USCIS has announced that it has reached the H-2B cap for the second half of FY 2006 and will only process applications received before April 4, 2006. Only 33,000 applications will be processed for each six month period.

The announcement reminds the public that the USCIS will continue to process petitions filed to

• Extend the stay of a current H-2B worker in the United States;
• Change the terms of employment for current H-2B workers and extend their stay;
• Allow current H-2B workers to change or add employers and extend their stay; or
• Request eligible H-2B “returning workers.”

The New York Times made an interesting observation this morning that the chances of a bill being approved with the two week Easter break will be harder because pro- and anti- immigration groups will have more of a chance to see the details of the compromise plan and find reasons not to be happy.

One such group is the AFL-CIO. By the way, some of you probably think the AFL-CIO is on the anti- side. Far from it. They are very interested in this bill passing because a) they know the future of their union lies with immigrants embracing organized labor and b) legalizing millions of undocumented workers will have the effect of empowering these workers and driving up wages for everyone. The AFL-CIO is against the Hegel-Martinez compromise because they are against dividing up undocumented workers into three groups as we've described on this blog because they feel all workers should be put on the path to citizenship.

For the record, all workers would have an opportunity to pursue citizenship under Hegel-Martinez. But some would have an easier, faster path than others.

Senator Martinez briefly addressed the Senate this afternoon and indicated that the Senate would immediately resume its work on immigration when it returns later this month. Senator Specter indicated as well that the Senator Judiciary Committee will also resume work on the bill upon return, possible to deal with a number of the amendments at the committee level.

This is good news, though not really unexpected and certainly doesn't counter the bad news that the Hegel-Martinez bill will not move at this point. The Frist bill is the Senate counterpart to the horrible HR 4337 House immigration enforcement bill. The Frist bill has no guest worker program and is universally disliked by pro-immigration groups. The attempt to force a vote on this bill also fails along party lines with fewer than the needed 60 votes to pass.

CLOTURE VOTE FAILS; PROSPECTS FOR IMMIGRATION BILL UNCERTAIN

An attempt to force a vote on the Senate immigration bill with the new Hegel-Martinez language has failed largely on party lines (38 yeas and 60 no votes). Even Senators Hegel and Martinez voted with their party against the bill. What's happening? Senators are not voting on whether they like or do not like the bill as it now stands. The fight is over how amendments will be offered and how many. Republicans are arguing that they are entitled to offer amendments and the Democrats are only trying to play politics by making it look like they killed the immigration bill. Democrats are arguing that the Republicans have several hundred amendments that would effectively be a "filibuster" of the bill and that amendments will be used as a back door way to kill the bill by never letting the main bill come up for a vote. They also argue that most of the amendments are designed to kill the delicately crafted compromise language that everyone was hailing yesterday.

SPECTER: BILL WILL HAVE TO BE TAKEN UP AFTER EASTER RECESS

Senator Arlen Specter (R-PA) is saying that they will work over the Easter recess to resolve questions on the rules for debate of the immigration bill that will allow the measure to proceed to finishing work on the immigration bill. The statement from the Senate floor effectively means that the bill will not be finished today as Senate leaders were predicting yesterday.

SENATE TO ADJOURN FOR EVENING WITHOUT A VOTE

Here's the play by play on what has just happened:

Senator Frist is on the Senate floor now announcing they will adjourn for the evening. Frist is complaining that the Democrats have acted as obstructionists by keeping 396 amendments from coming up for a vote. He is saying that the Democrats "reversed course" after agreeing to the compromise language. Frist says he would like to get at least 20 amendments packaged for a vote as well as a vote on the underlying bill, but that this was turned down by the Democrats.

Frist says that an up or down vote on the compromise bill is unlikely to be approved in the morning. He believes little progress will be made tomorrow based on where things stand at this point. Frist is saying that he'll bring up a vote on his bill if the Democrats won't come to an agreement.

Now Minority Leader Reid (D-NV) is up. He is saying that 20 amendments is a backdoor way to filibuster the compromise bill. He also wanted an agreement on who the conferees would be (Reid wants all the Judiciary Committee members to represent the Senate).

Frist is saying he will not support a cloture motion and urge Republicans to vote against a cloture motion unless agreement is made ahead of time on amendment voting.

Now Frist and Reid are discussing a possible compromise to allow some amendments to be considered tomorrow with 30 minutes of debate for each amendment. Apparently, we're back to negotiating.

WHAT THE HEGEL-MARTINEZ COMPROMISE ACTUALLY DOES

Everything on the news is providing only a vague analysis of what the changes since yesterday actually are. So after several hours of analyzing the Hegel-Martinez compromise language, I have prepared a seven page summary of the changes. The only thing I have not done is summarize the Alexander naturalization language which allows the naturalization residency period in some cases to be reduced from five years to four.

If you want to read the whole 525 page bill including the compromise language, click here. Note that language for any changes made today is not included. The main item I know about that may change is a potential drop in the number of allocated H-2C visas.

DEAL STILL NOT DONE IN SENATE

Despite basic agreement on the terms of compromises in the Senate bill, no agreement has been reached on consideration of amendments, the same problem that was threatening the bill yesterday. The Senate is still in session this evening and it is still not clear when or how the compromise bill will be considered (i.e. with or without additional amendments).

OUR TORONTO ATTORNEY QUOTED IN NATIONAL POST

Attorney Sergio Karas in our Toronto office was quoted in a front-page article in the National Post on April 6, 2006. Click here to read it.

SISKIND SUSSER'S TORONTO LAWYER DELIVERS CITIZENSHIP CEREMONY ADDRESS

Attorney Sergio Karas in our Toronto office delivered an address at a Special Citizenship Ceremony held at the Ontario Bar Association on occasion of Law Day. Click here to read more about the ceremony.

THE TEXT OF THE SENATE BILL

We have uploaded the text of the latest version of the Senate bill on our web site. The bill has expanded from 478 to 525 pages. We are now analyzing the bill to see what has changed and we hope to have a summary available shortly. Note also that there are still changes being negotiated and some changes made today will not be in this version which was last updated last night.

SENATE DEAL REACHED BUT LANGUAGE STILL BEING DRAFTED

Key Senators from both the Republican and Democratic Parties held a press conference today hailing a compromise that will allow a bill to pass that House as early as this evening. Amendments can be added only today and then a final vote including the Hegel-Martinez language will be voted after a cloture motion to stop debate likely passes.

A transcript of the Senate press conference can be found at the Washington Post web site.

The compromise will make the following changes:

A - Those in the US five years or more would be eligible for the Kennedy-McCain program in the current version of the Specter bill. Seven to eight million people are thought to be in this group.

B- Those in the US less than five years but more than two would be able to participate if they go to one of twenty ports of entry at a border, exit the US briefly, and then would be readmitted to the US (the so-called "touch back" approach). Approximately three million immigrants fall into this group. Only the head of the household will need to leave the country. Only 425,000 green cards will be available each year to nationals in this category so the green card process will be lengthened by approximately two to four years beyond those in the first category.

C - Those in the US less than two years would have to leave the country and pursue residency from outside the US (though the current bill version only allows participation by people in who entered after January 4, 2004, so this may not really be much of a change). About one to two million people are thought to be in this category.

There may be other changes, but no language is yet available. We will report on the language as it becomes available.

For a summary of the rest of the bill (except for the changes noted above), see our article on the subject.

KEY DEMOCRAT SAYS DEAL CLOSE

Richard Durbin (D-IL), a member of the Judiciary Committee and a key proponent of the Kennedy-McCain language in the Senate immigration bill, told Chicago Sun-Times columnist Lynn Sweet this morning

``I think that we are close, very close to a bipartisan agreement,’’ said Sen. Dick Durbin (D-Ill.), spending the morning in closed door negotiations first in a meeting just with Democrats and then another with Republicans.

More details are emerging as well on the Hegel-Martinez language. Only heads of families in the two to five year group would need to process at a border port of entry. Also, the path to citizenship would be lengthened by two to three years.

Apparently, the 400,000 H-2C visas in the bill also would be reduced. No word yet on the new number.

CONSERVATIVE COLUMNIST HAS HARSH LANGUAGE FOR HOUSE IMMIGRATION CAUCUS MEMBERS

David Brooks, the conservative NY Times columnist used extraordinarily blunt language this morning (subscription required) to criticize House Republicans who are opposing an immigration deal which would grant legal status to millions of undocumented immigrants in the country.

I had a horrifying experience in the House of Representatives last week. The House Immigration Caucus held a press conference so members could compete to see who was the biggest blithering idiot in the group.

"Anybody who votes for an amnesty bill deserves to be branded with a scarlet letter, 'A for Amnesty!' " one aspiring idiot thundered. There's "a foul odor that's coming out of the U.S. Senate!" bellowed Representative Dana Rohrabacher of California, who then went on to win the prize by suggesting that instead of using illegal aliens to harvest crops, we force felons to do it. "I say, Let the prisoners pick the fruits!"

Here was a seemingly mentally competent adult recommending that we force a largely minority population to go out in the fields and pick lettuce and cotton. You wanted to hit him over the head and scream: Is this ringing any bells, Representative Rohrabacher? Are we repealing the Emancipation Proclamation, too?

Brooks, who has been covering the immigration bill in the Senate, noted that the Hegel-Martinez language would likely bring along 15 or so Republicans who would not otherwise support the Specter bill. That would be enough to push through an immigration bill with more than 70 votes, giving the measure much needed momentum as it moves to the House.

REID CLOTURE MOTION FAILS, BUT NOT LIKELY TO AFFECT COMPROMISE PLAN

Senator Reid decided to press forward with a cloture vote afterall. And, as predicted, it failed (39 to 60) to pass. However, because a compromise was reached, but earlier predictions that a failure to win on the vote would kill the immigration deal have not proven accurate. That's because compromise language appears to be close to approval by all of the major players. Senator Reid congratulated Senators Hegel and Martinez on their efforts and predicted that a deal would be reached (with the caveat that the language still needed to be tweaked).

SENATE BILL COULD BE PASSED AS EARLY AS TONIGHT

The New York Times is reporting that the Senate could vote as early as tonight on the compromise immigration bill. The paper is reporting that Senator Frist made the statement in an interview on CNN this morning.

REID CLOTURE VOTE APPEARS TO BE SCRAPPED INDICATING COMPROMISE REACHED

Senator Frist just announced on the Senate floor that he did not believe a cloture vote as called by Senator Reid would actually happen. Presumably this is because a compromise has been reached that will allow the Hegel-Martinez strategy described here last night to get a vote instead. It is not clear what is the status of amendments that have yet to be introduced and debated as well as the status of those amendments already queued up for a vote (particularly the controversial Kyl poison pill amendment).

The New York Times is reporting this morning that a number of pro-immigration organizations as well as business groups are throwing their support behind the new language. One group named in the article as now being supportive of the new language and optimistic about the outcome is the National Immigration Forum.

DETAILS EMERGING ON HEGEL-MARTINEZ COMPROMISE

As we mentioned earlier today, Republican pro-immigration moderates have been working on a proposal designed to draw enough Republicans to overcome filibuster threats. The plan would place undocumented immigrants into three categories:

A - Those in the US five years or more would be eligible for the Kennedy-McCain program in the current version of the Specter bill. Seven to eight million people are thought to be in this group.

B- Those in the US less than five years but more than two would be able to participate if they go to one of twenty ports of entry at a border, exit the US briefly, and then would be readmitted to the US (the so-called "touch back" approach). Approximately three million immigrants fall into this group.

C - Those in the US less than two years would have to leave the country and pursue residency from outside the US (though the current bill version only allows participation by people in who entered after January 4, 2004, so this may not really be much of a change). About one to two million people are thought to be in this category.

The Hegel-Martinez compromise will get a vote on Friday. It appears to also have the support of Senator Frist, Senator John McCain, and Senator Lindsay Graham. Graham and McCain are both co-sponsors of the legalization provisions in the Specter bill.

Minority Leader Harry Reid (D-NV) was encouraged by the offer, but declined to endorse the proposal until he had a chance to review the specifics of the offer.

FRIST: COMPROMISE AMENDMENT TO BE INTRODUCED

Senator Frist and Senator Reid are now announcing on the Senate floor that a compromise amendment will be introduced tomorrow by Senators Chuck Hegel (R-NE) and Mel Martinez (R-FL). There will be a cloture vote in the morning on the Specter bill. Senator Frist said he believes that will likely fail. Frist indicated that Hegel-Martinez compromise has already been negotiated. It is not clear that this was a compromise just amongst Republicans or that backers of the Kennedy-McCain bill have agreed. We will report on details as they become available.

BUSH HOLDS PRESS CONFERENCE URGING SENATORS TO WORK THROUGH DIFFERENCES ON IMMIGRATION BILL

President Bush met with reporters on the White House lawn this morning and made the following statement:

"The United States Senate is debating a very vital issue for our country, and that is immigration reform. I urge the senators to continue to work toward getting a comprehensive bill; a bill that will help us secure our borders; a bill that will cause the people in the interior of this country to recognize and enforce the law; and a bill that will include a guest worker provision that will enable us to more secure the border, will recognize that there are people here working hard for jobs Americans won't do, and a guest worker provision that is not amnesty, one that provides for automatic citizenship.

This is a vital debate. I thank the members who are working hard to get a bill done. I strongly urge them to come to a conclusion as quickly as possible and pass a comprehensive bill.

Thank you all very much."

DEMOCRATS, REPUBLICANS NEGOTIATING, BUT DEAL APPEARS ELUSIVE

Supporters of the Kennedy-McCain legalization language and opponents in the Republican Party met this morning to discuss a potential compromise to break an impasse over the shape of a legalization program for the millions of undocumented immigrants in the country. No significant progress has been reported, though the fact that negotiations appear to be taking place are encouraging.

Senator McCain, obviously a key figure in the debate, criticized the Democrats for delaying a vote on the Kyl amendment. The impact of his taking this position publicly is not clear.

One wild card is what, if any role, the White House is taking in the debate. The White House is said to be working behind the scenes to keep the Senate moving on an immigration bill.

KYL AMENDMENT WOULD REMOVE ESTIMATED 1,000,000 PEOPLE FROM ELIGIBILITY FOR LEGALIZATION

The Kyl Amendment that has become the focal point for the current impasse in the Senate would exclude criminal aliens. Pro-Immigration Senators don't have a problem with that provision. Where they take issue is a "poison pill" provision in the amendment that would exclude anyone who has been subject to expedited removal or removal in an immigration court. The expedited removal group is the largest. According to an interview in the San Francisco Chronicle, Frank Sharry, director of the National Immigration Forum, estimates that 1,000,000 of the 11 to 12 million undocumented immigrants in the US would be removed from eligibility under the provision.

SENATE STILL HUNG UP ON THE KYL AMENDMENT

The Senate has still not agreed on proceeding with voting on amendments because of disagreement over an amendment offered by Senator Jon Kyl (R-AZ) that would bar criminals, those subject to deportation orders and those who overstayed visa waiver I-94ws from participating in guest worker programs. The Democrats are refusing to take up the amendment unless changes are made to the language and Republicans are refusing to make changes and to take up additional amendments unless the Kyl amendment gets a vote. Senator Frist has given until the end of the weekend to get to a floor vote on the bill and it is not clear whether the Senate will be able to meet the deadline without resolving this impasse.

PRINCETON ECONOMIST CHALLENGES NOTION THAT IMMIGRANTS PUSH DOWN WAGES

Alan Krueger, an economist at Princeton University has released a paper arguing that immigrants do not depress wages for US workers. Among the empirical examples cited is the influx of Cuban refugees during the Mariel boatlift in the late 1970s. The refugees were largely unskilled and swelled the local population by 7% virtually overnight. Wages should have declined if the anti-immigrant conventional wisdom were to be believed. But they did not. Professor Krueger argues that the key is to protect working conditions to ensure exploitation is kept to a minimum.

ASK VISALAW

Q - I am currently on H1-B Visa. I recently got married and need to change my maiden name. I am not sure if you can answer this but, if the Indian Consulate in Houston issues a new passport with my married name, does that mean I need to go back to get my H1-B Visa stamped again?

A - Typically if you travel with all relevant documents, you should be fine. In other words, if you travel with the old passport, new passport and marriage license, you should be fine. The other options are to file an H amendment or apply for a visa with the new name depending on which document needs to be corrected.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

MORE DETAILS EMERGING ON PROPOSED LEGALIZATION COMPROMISE

While Republicans and Democrats held a highly contentious debate on the Senate floor today, Republicans were meeting behind closed doors to work further on a compromise plan on the legalization provisions in the Specter bill. An emerging counter-proposal would create two classes of applicants. Those here five years or more (roughly 60% of the estimated 11,000,000 undocumented immigrants in the country), would legalize under the Kennedy-McCain plan (pay a penalty, get in the back of the line, pass an English and civics test, undergo background checks, pay back taxes, etc.). Those here less than five years would have to do the same things, but they would also have to wait longer to apply for permanent residency, travel to a port of entry at a US border to file the paperwork and have to undertake some sort of community service or have a probation status.

The proposal met with a skeptical response from pro-immigration advocates and from Senator Kennedy himself. But if the bill faces prospects of failure, would pro-immigration groups be in a more compromising mood?

Democrats will attempt to force Republicans to go on the record tomorrow morning when they force a cloture vote. If 60 Senators vote to end debate on the Specter bill, then the threat of a filibuster will go away and the Judiciary Committee bill would likely move to passage. If, however, there are not 60 votes, then Democrats will have to decide whether to compromise or allow the bill to die.

At the end of debate today, Minority Leader Reid (D-NV), promised Senator Specter that he would allow several amendments to come up for a vote begining tomorrow morning.

TIME MAGAZINE POLL SHOWS STRONG SUPPORT FOR GUEST WORKER PLAN

Another day, another poll on immigration. The National Immigration Forum gives the quick summary of the results:· About 8-in-10 (79%) favor allowing illegal immigrants to register as “guest-workers.”

- About 8-in-10 (78%) favor allowing illegal immigrants in the U.S. citizenship if they learn English, have a job and pay taxes.
- About 8-in-10 (82%) say the U.S. is not doing enough to keep “illegals,” from entering the country.
- About 7-in-10 (71%) favor providing and enforcing penalties for employers convicted of hiring illegal immigrants.
- A majority (62%) favor stopping illegal immigrants from entering the U.S. “by whatever steps necessary.”
- A minority (47%) support deporting all illegal immigrants.

KYL AMENDMENT ON BARRING CRIMINALS FROM GUEST WORKER PROGRAM BEING DEBATED

A controversial amendment by Senator Kyl (R-AZ) to make all criminals inelible for guest worker status is currently being debated. It is not clear that the bill really changes anything since most crimes would bar someone from participating under current law and under the language of the Kennedy-McCain bill. But it's also not clear what the Democrats mean when they complain that the amendment is a backdoor attempt to attack the Kennedy-McCain provisions. An attempt to table the amendment is about to be defeated and probably unanimously. That should pave the way, hopefully, for consideration of some of the amendments already introduced.

MORE HINTS OF COMPROMISING MOOD IN HOUSE

Congressman James Sensenbrenner, the sponsor of H.R. 4337, the immigration enforcement bill that passed the US House of Representatives in December, sent the letter below to colleagues in the House of Representatives. The letter discusses the attitudes of business owners to immigration reform. The most interesting item is at that end where Sensenbrenner includes information that a sizable majority of employers favor a guest worker program, albeit one that is temporary in nature. Nevertheless, as we read tea leaves regarding where the House may be headed, the letter is interesting because it seems to indicate that a guest worker program is something that might be under consideration.

April 4, 2006

Dear Colleague:

The National Federation of Independent Business (NFIB) recently released the results of a scientific survey it conducted to determine the views of the small businesses it represents on the subject of immigration. The results of this survey demonstrate that small business owners - like most Americans - believe that our immigration laws must be vigorously enforced. The most significant findings are as follows:

• When asked whether an electronic employment eligibility verification system would be a burden, 76% of small businesses said it would be a "minimal burden" or "not a burden."
• Seventy-eight percent (78%) of employers surveyed support increased penalties for employers who knowingly hire illegal aliens.
  
• Over 90% of small-business owners believe illegal immigration is a problem, with 70% calling it a "serious" or "very serious" problem. Eighty-six percent (86%) say that immigration should be a "very high" or "high" priority for Congress.
• The primary reason small business owners see illegal immigration as a problem is the cost to taxpayers for illegal immigrants (47%). Eighty-six percent (86%) of small business owners would deny illegal immigrants access to public support.
• A plurality of small-business owners (43%) say that too many legal immigrants are admitted each year, with 38% saying the number is about right.
• About half of those surveyed said there should be no amnesty under any circumstances, but about 44% would support it for immigrants who are employed but not dependent on government assistance. Well over half (65%) do not favor offering amnesty even if a person can prove that they have lived in the U.S. 3 years or more.
• Sixty-two percent (62%) of respondents support a guest worker program that would allow immigrants to work for a specified period of time and return home.
  

  Several findings are significant with regard to H.R. 4437, passed by the House in December 2005. First, small business owners overwhelmingly support tougher penalties for employers who hire illegal aliens. Second, employers - particularly small business owners - do not feel that an electronic employment eligibility program such as contained in H.R. 4437 would be burdensome.
  
  Sincerely,
  

  
  F. JAMES SENSENBRENNER, JR.
  Chairman
  House Judiciary Committee

REPUBLICANS THREATENING FILIBUSTER OF JUDICIARY COMMITTEE IMMIGRATION BILL

The Associated Press is reporting that Republican opponents of the Kennedy-McCain legalization provisions of the Senate Judiciary Committee's immigration bill are threatening to filibuster the bill and that Senator Specter does not have the 60 votes needed to overcome the filibuster. Behind the scenes, Republicans have been pushing a compromise plan along the lines of what I described in my post from last night - the so-called "roots" approach where those in the US longer than five years would be put on an easier path to citizenship than those here less than that amount of time. The Senate seems to have reached an impasse and no amendments are being voted on at this point.

Attorney Greg Siskind wrote a column in the April 1st issue of the Indus Business Journal explaining the details of the EB-5 Immigrant Investor Visa. Click here to read it.

AP: GOP LEADERS MAY PUSH FOR A LESS GENEROUS LEGALIZATION PLAN

According to a report from Associated Press, GOP leaders met today on a plan to push through a different viersion of a legalization plan than the Kennedy-McCain version passed by the Senate Judiciary Committee last week. According to the account, Senator Frist met with Senators Cornyn and Specter about a plan to allow those in the US for five years to pursue a plan along the lines of the Kennedy-McCain plan and those less than five years would be able to work on a non-green card track in a plan akin to the Cornyn-Kyl bill. The plan has been pushed by Republican moderate Chuck Hegel of Nebraska. Hegel is set to brief Republicans Tuesday morning. The AP report also notes that Senator Frist may try and get a vote on the bill as early as the end of this week.

15,000 IMMIGRANTS RALLY IN NASHVILLE

When I started practicing immigration law in Nashville 16 years ago, I was told there was not enough of an immigrant community in Tennessee to support a full time immigration lawyer. I disagreed and went ahead and started my practice any way. But those who were doubters then probably looked at the mass of humanity in downtown Nashville this past weekend and are thinking differently about the size and importance of the Hispanic community in this typical Southern city. Kudos to the Tennessee Immigration Rights Coalition and, in particular to my friend Executive Director David Lubell.

ALEXANDER AMENDMENT WOULD CUT NATURALIZATION RESIDENCY REQUIREMENT TO FOUR YEARS FOR SOME

One of the first votes has just taken place on an amendment offered by Senator Lamar Alexander (R-TN). Alexander's amendment would prescribe the binding oath or affirmation of renunciation and allegiance required to be naturalized as a citizen of the United States, encourage and support the efforts of prospective citizens of the United States to become citizens (including providing financial assistance to take English classes and offering citizenship a year early to those proficient in English). The measure passed 91 to 1.

Another amendment offered by Senator Jeff Bingaman (D-NM) to provide financial aid to local law enforcement officials along the Nation's borders passed just before Alexander's amendment by a vote of 84 to 6.

ASK VISALAW

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

ASK VISALAW

We're going to start posting Ask Visalaw questions in the blog as well as in Siskind's Immigration Bulletin.

Q - I'm an Italian citizen traveling to the United States as a tourist. My girlfriend lives in the United States. I know that you can only resume in the United States 90 days at a time. My question is how many times in a year can I go back and forth to the US or how many days within a year can I be in the United States? Thanks for your help.

A - There is no limit on the number of visits you can make in a year. However, if you travel too frequently to the US and you don’t appear to be maintaining a residence in your home country, you could be denied either because an examiner thinks you are an intending immigrant or because of a suspicion that you are working illegally in the US. I would recommend spending at least a few months back in Italy in between US trips.

UNIVERSITIES OPPOSE MEASURE TO END H-1B CAP EXEMPTIONS

NAFSA: The Association of International Educators, is urging its members to call their Senator to oppose any attempts to pass an amendment to the immigration bill which would eliminate the higher education and research institution H-1B cap exemptions. Senator Charles Grassley (R-Iowa) attempted to get the amendment added in the Judiciary Committee markup, but failed. He may try and get the amendment added on the Senate floor during this week's debate. NAFSA is providing sample letter language to help as well as information on how to reach your Senator.

NEW POLLS MEASURE OFFER NEW INSIGHTS TO FEELINGS ON IMMIGRATION

Two more immigration-related polls are out today. New American Media has a poll of 800 immigrants to the US. 60% are US citizens and the remainder are green card holders. The poll found the following:

1. The immigrant community in the United States is alarmed regarding the tone and substance of the current political debate on immigration policy. Majorities of legal immigrants from Latin America, Asia, Africa and Europe feel that “the anti-immigrant sentiment is growing in the United States.”

2. Undocumented immigrants have a positive image among legal immigrants from throughout the world.

3. The major political “actors” in the immigration debate in Washington, D.C. receive fairly low ratings from legal immigrants on the job they have done so far on the immigration issue. Only about one-fifth of those interviewed gave the Republican Party a positive rating on the way it has handled the debate on this issue. The U.S. Congress, President George W. Bush, and the Democratic Party do not fare much better, with only about one-third of legal immigrants giving them a positive rating.

4. The McCain/Kennedy immigration bill has majority support among legal immigrants in the United States.

For those who don't think these findings mean much, consider that 42 million Americans are immigrants and most of them are voting citizens.

Another poll has been released by the National Immigration Forum. What makes this poll different from others is it provided summaries of the Cornyn-Kyl guest worker plan (which allows undocumented workers to get legal status for six years and then they must return home) and the Kennedy-McCain plan (which legalizes the undocumented and provides a path to US citizenship). The overwhelming majority (71%) of respondents preferred the Kennedy-McCain plan.

The poll also is consistent with other polls showing illegal immigration is only listed as the most important issue by a small percentage of the public (in this case 8%). This is further evidence that immigration is not likely to be an effective wedge issue for those in either party who think opposing a guest worker program will give them a political edge.

H-1B APRIL FOOLS HOAX DEBUNKED

Don't believe rumors that the H-1B cap has been hit for the 2007 fiscal year. A phony USCIS press release has been circulating stating that the H-1B cap was hit on April 1st, the first day applications were being accepted. According to Bender's Immigration Bulletin, the press release is a doctored version of a January press release. But the date of the press release should have given a hint of its validity - April 1st (that's April Fools Day for those of you from places in the world not familiar with this day of practical jokes).

Update: The USCIS just released the following announcement on the spoof:

USCIS WARNS OF SPOOF H-1B Release

Employers should continue to file FY2007 petitions

Washington, D.C.­- USCIS became aware today of the circulation of a bogus release indicating that USCIS has received enough petitions to meet the congressionally mandated H-1B cap for FY 2007. The release further relays that the H-1B exemption limit for the first 20,000 foreign workers with a U.S.-earned master's or higher degree was also met. This release is not accurate and was not issued by U.S. Citizenship and Immigration Services.

To date, USCIS has not received enough petitions to close either the congressionally mandated H-1B cap for FY 2007 or the 20,000 worker exemption limit. USCIS is committed to ensuring that employers have accurate and timely H-1B information and will provide an update about the latest cap numbers later this week.

H-1B QUEUE REOPENS; NEW FILING PROCEDURES IN PLACE

Just a reminder to readers that you can now begin filing H-1B petitions can now be filed for fiscal year 2007 start dates. That means that if you are requesting a start date after October 1, 2006, you can now file for an H-1B visa. We expect visas to run out even earlier this year than last year (applications were used up by August 2005 for the fedearl year which ran October 2005 to September 2006). Demand could be alleviated somewhat by the availability of 20,000 visas for US graduate program degree holders. But the economy is strong and there is a lot of pent up demand from last year. Also note an important change on filings beginning April 1st - all I-129 applications must now be filed at the Vermont Service Center. Some of the cases will be diverted to the California Service Center after filing in Vermont. I-140 green card cases will all be filed at the Nebraska Service Center and some of those cases will be forwarded to the Texas Service Center. The USCIS press release can be found on their web site here.

AP POLL SHOWS PUBLIC SUPPORTS LEGALIZATION

It seems like every day another poll comes out on public attitudes on immigration. And the polls show contradictory results. Some show the public is deeply concerned about immigration. But then others ask people to rank immigration and the issue shows up low on a list of public concerns. Some indicate people would like to see illegal aliens deported. Others, like this new one from AP-Ipsos, show the public wants to see some sort of legalization. The AP-Ipsos poll shows 56% of the public favoring allowing illegal immigrants to pursue legal status in the US.

NINTH CIRCUIT JUDGE WARNS AGAINST CONSOLIDATING APPEALS TO FEDERAL CIRCUIT

Mary Schroeder, Chief Judge of the Ninth Circuit Court of Appeals, has sent a letter to the Senate Judiciary Committee warning against the provision in the original version of the Specter bill that would consolidate all federal appeals of immigration cases in the Federal Circuit in Washington, D.C. The letter is reposted at the Bender's Immigration Bulletin web site.

Attorney Sergio Karas in our Toronto office will be the chair and moderator of a session titled Citizenship & Immigration Taxation Law; When your clients come to Canada on April 19, 2006. The session is co-sponsored by the Citizenship and Immigration Section and by the Taxation Section of the Ontario Bar Association. Click here for more information.

PRESIDENT CLINTON BACKS GUEST WORKER PLAN

There aren't that many issues where President Bush and President Clinton agree. But immigration and, more specifically, the need for COMPREHENSIVE immigration reform is one area where the two men are on the same page. Clinton made the point last night on Larry King's show on CNN. You can read a transcript of President Clinton's comments on the CNN web site.

BUSH PUSHES FOR "COMPREHENSIVE IMMIGRATION REFORM"

President Bush used his 'bully pulpit' to again push for an immigration bill. Interestingly, he used the term "comprehensive immigration reform," the term used by pro-immigration advocates to note the need for both stronger border security and a legal means for needed workers to come to the US. The New York Times reported the story:

"I believe a guest worker program will help us rid the society and the border of these coyotes, who smuggle people in the back of 18-wheelers," Mr. Bush said. "I believe it'll help get rid of the document-forgers. I believe it'll help people on both sides of our border to respect the laws of our border, and enforce our borders."

He added, "I believe it is important to bring people out of the shadows of American society, so they don't have to fear the life they live."

Still, the president dodged a question about the plans by Republican leaders in Congress to press for an immigration plan that does not include guest worker programs and focuses instead on border security.

When pressed on whether he would veto such a plan, Mr. Bush said, "I said want a comprehensive bill. You're presuming there won't be a comprehensive bill. I believe there will be."

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