California Immigration Attorney Blog

Connections between Arizona's tough new immigration law and California's Proposition 187 continue to be made as immigration reform has increasingly become a campaign issue in California's race for governor.

As our Los Angeles immigration lawyers reported on our California Immigration Attorney Blog, former Gov. Pete Wilson and Proposition 187 are at issue in California gubernatorial race. Steve Poizner has taken a tough stand on immigration, while Meg Whitman has enlisted the help of Wilson, who won election supporting Proposition 187.

Proposition 187 withheld educational funding and other social programs from illegal immigrants; the law was ultimately ruled unconstitutional in federal court. Now, Arizona's tough new immigration law -- which permits law enforcement to request identification from suspected illegals -- has some in California calling for a similar measure.

And the impact of Proposition 187 doesn't end there. The federal government significantly increased border protection in response to the law. The end result: Even though it was ruled unconstitutional, it prompted tightening of the border which many contend shifted the flow of illegal immigrants east into Arizona.

Others are pushing for California law enforcement to enforce a section of law requiring them to "fully cooperate" with federal authorities in identifying illegal immigrants who run afoul of the law. However, the San Jose Mercury News reported that law was part of Proposition 187 and is not enforceable because the state did not challenge the federal court ruling that found it unconstitutional.

The Op-Ed published in the Mercury News says the illegality of the legal provision means the Republican bluster among gubernatorial candidates is nothing more than hot air.

Continue reading "Ghost of Proposition 187 continues to impact debate over California immigration reform" »

Immigrants seeking legal status in California wait nearly two years for an immigration hearing -- more than 40 percent longer than the national average, the Fresno Bee reported.

Our Los Angeles immigration lawyers are well aware of the long delays. Most California immigration cases are heard in Los Angeles, where the wait is even longer: An average of 713 days according to the Transaction Access Records Clearinghouse at Syracuse University.

In San Francisco, the average wait is 411 days.

Nationally, the average wait time and overall case loads are at record highs -- 30 percent above where they were just 18 months ago.

Our Los Angeles immigration attorneys are frequently able to work on behalf of clients trying to get before the court. Seeking to end a long delay can include making a record of inquiries, writing a letter to the U.S. Citizenship and Immigration Services, contacting USCIS personnel on your behalf, filing a hearing petition, and even seeking a mandamus action to compel the court to act on your application.

While endless delay can be maddening, it is equally important that an experienced immigration attorney assist in ensuring that your application is legally completed and includes all of the necessary documentation.

Continue reading "Backlog of California immigration cases worst in the nation " »

President Obama announced today (Tuesday, May 25, 2010) that he will send 1,200 additional National Guard troops to the U.S. border with Mexico, according to CNN.

As our Orange County immigration attorneys have been reporting, Obama is under increasing pressure to deliver on the immigration reform he promised during his Presidential campaign. However, this latest move seems to be in response to pressure from Sen. John McCain of Arizona, as well as Sen. Jon Kyle (R-Arizona) and Rep. Gabrielle Giffords (D-Arizona), who raised concerns about border security during a lunch meeting with the President.

Arizona's tough new immigration law has led to widespread protest. We reported earlier this month on our California Immigration Attorney Blog that the City of Los Angeles has joined an Arizona boycott.

The new troops will require an additional $500 million in spending for border protection and law enforcement activities. The new troops will help with drug enforcement efforts and intelligence efforts until Customs and Border Patrol can recruit and train additional border officers.

McCain had called for 3,000 more troops just for the border between Arizona and Mexico. A previous troop buildup at the border, dubbed Operation Jump Start, ended in 2009 and resulted in more than 5,000 troops being deployed to the border in California, Arizona, New Mexico and Texas.

Troops were charged with repairing border fences, constructing nearly 1,000 metal barriers and flying Border Patrol agents to intercept illegal immigrants.

Continue reading "More troops deployed to Mexican border; California immigration advocates await Obama's action on reform" »

Arizona Republicans have enlisted the help of former California Gov. Pete Wilson in an ill-conceived plan to ride the wave of anti-immigration sentiment to victory at the polls in November, according to the New York Times.

As our Anaheim immigration attorneys have been reporting, Gov. Wilson has cropped up in California politics as well -- we reported on our California Immigration Attorney Blog earlier this month that gubernatorial candidate Meg Whitman had enlisted the help of the former Governor in campaign ads targeting the anti-immigration message of opponent Steve Poizner.

Wilson spoke to the Arizona Republican Party at a dinner in Phoenix last fall. Wilson won the race for California governor in 1994 with a 55 percent majority after embracing Proposition 187, which cut off education and social services funding for the children of illegal immigrants. That law, which has been compared to Arizona's tough new immigration measure, was ultimately ruled unconstitutional by the federal courts.

As the Times reports, voter sentiment in California has shifted; it is not 1994 anymore. The only Republican to win a statewide election since Wilson is pro-immigration governor Arnold Schwarzenegger, who is himself an immigrant for Austria.

The Times attributes the lack of Republican success in California to the Wilson-era anti-immigration views, which obviously don't play well among California's growing population of Hispanic voters and those in favor of compassionate immigration reform.

"There are a lot of similarities between what's happening in Arizona and what happened in California in 1994," said Sergio Bendixen, a political pollster and consultant specializing in the Hispanic vote. "That made California a deep blue state," or Democratic, "and Republicans are making the same mistake now trying to benefit on anti-immigration."

Immigration experts contend Arizona may be falling prey to the short-term allure of polls that show support for the state's tough new stand against immigration, which allows law enforcement to request identification from those suspected of being undocumented. Those not in compliance can be arrested and turned over to federal authorities for deportation proceedings.

The measure has been seized by Republicans in Colorado, and has become a hot topic in the California governor's race as well as in the U.S. Senate race in Florida. But in Florida, like California, politicians are finding it tough to court the anti-immigration voters without disenfranchising the massive numbers of Hispanic voters, who oppose the Arizona law by a margin of more than 70 percent.

"If this growing vote continues to go two-to-one or more Democratic, as it did in the past presidential race, Republican's face a huge long-term problem," the Times wrote.

And many law enforcement officers question whether the new law will deter immigration or reduce crime. Current Homeland Security Secretary Janet Napolitano, vetoed a similar measure when she was governor of Arizona, saying it would divert law enforcement resources.

Of increasing cause for concern are the large number of boycotts aimed at Arizona. Even the City of Los Angeles voted to boycott doing business with the state, a move that is expected to cost Arizona about $50 million.

Continue reading "California immigrant rights debate a political roadmap for ill-conceived anti-immigration stance" »

An excellent report in Newsweek tackles the false assumption that immigration is bad for the economy.

Our Ontario immigration attorneys and Pomona immigration lawyers frequently deal with work-related issues on behalf of immigrants and we often hear the argument that immigrants are taking jobs from natural born U.S. citizens.

A recent poll by the New York Times and CBS news found that 74 percent believed that illegal immigrants weakened the economy, while only 17 percent believed they strengthened it. Yet most economists believe the overall effect of all immigration is a net positive for the U.S. economy. Immigrants provide cheap labor, which lowers the prices of many consumer goods.

The false assumptions result from a number of issues around immigration, including the strain placed on public services, like schools and hospitals; job insecurity among the working class; and even racism. Central to the issue is that the benefits of illegal immigration are felt mostly by business owners, and the upper class.

David Card, of the University of California, Berkley, argues that, while the benefit is regularly apparent to California agribusinesses, the average consumer has a harder time making the connection at the grocery store.

Conversely, the drawbacks of illegal immigration are most often felt among poorer, low-skilled workers. George Borjas, a Harvard economist, concluded immigration reduced the wages of American high-school dropouts by 9 percent between 1980 and 2000.

Another issue is the difference between what illegal immigration costs federal, state and local governments. The federal government likely realizes a net benefit through various taxes, while state and local governments frequently realize a loss associated with providing social services, despite real estate and property taxes paid by illegal immigrants.

Meanwhile, anti-immigration views have begun to crop up in fast-growing states as the immigrant population has moved from states like California, Texas and New York, which dealt with many of the same issues decades ago. California's share of the undocumented immigrant population has dropped, from 42 percent in 1990 to 22 percent in 2008. Meanwhile, the immigrant population in states like North Carolina and Georgia has more than doubled.

Consequently, residents in those states, who have never before had to deal with immigrant populations, are now finding rousing debate within their communities.

Continue reading "Many states decades behind California in immigrant rights debate " »

Mexican President Felipe Calderon is expected to address immigrant rights when he visits the White House this week in the wake of Arizona's tough new immigration law, the USA Today reported.

After meeting with President Obama at the White House, President Calderon will make a visit on Thursday to lawmakers considering a broad overhaul of U.S. immigration policy. Our Riverside immigration attorneys continue to monitor the growing debate in Washington in the wake of the Arizona measure, which permits law enforcement to request identification from suspected illegal immigrants and to take into custody those deemed to be in violation of the law.

The Los Angeles Times reported last month that the Mexican government has issued a travel advisory warning Mexican citizens about traveling to Arizona. Calderon has slammed the Arizona law as racist and hateful.

"As was clear during the (Arizona) legislative process, there is a negative political environment for migrant communities and for all Mexican visitors," the government stated in the advisory. "It must be assumed that every Mexican citizen may be harassed and questioned without further cause at any time."

Arizona's law is expected to prompt action by federal lawmakers. However the November elections could roadblock reform as Republicans hope to win votes and swing the balance of power. White House officials have voiced concern that the Arizona law is the beginning of a patchwork of conflicting legislation that could be enacted by the states in the absence of federal action.

The controversial issue of immigration reform has been brewing in Washington with little action for more than a decade.

Continue reading "Los Angeles immigrant rights groups await Mexican President's comments on immigration reform" »

A group of anti-immigration activists plans to travel to Arizona in support of that state's tough new stand against immigration, the Orange County Register reported.

Our Orange County immigration attorneys and San Bernardino County immigration lawyers continue to monitor the impact of Arizona's tough new law, which permits law enforcement to stop and request identification from residents suspected of being in the country illegally. Those found to be in violation can be detained for deportation.

As we reported on our California Immigration Attorney Blog, the City of Los Angeles is the latest to boycott Arizona, even as candidates for California governor have grown more vocal about the immigration issue in recent weeks. We think it is likely that the Arizona law will propel the issue back into the halls of Congress, where winning the fight for compassionate treatment of our immigrant friends will be a hard-fought battle through the summer and fall.

The Group California Coalition for Immigration Reform, which describes itself as an anti-illegal immigration advocacy organization, is planning to attend a June 5 rally in Phoenix. "I think it's going to be a major attraction for people from throughout the nation to go and support Arizona and their courageous effort," said Barbara Coe, who is leading the effort.

The group is urging a combat of the boycott by encouraging people to purchase Arizona products or to plan a vacation there.

Arizona's law is expected to go into effect in July but could be delayed by a number of court challenges. While many groups are damning the law as little more than racial profiling and a throwback to America's racist past, the California group is among a growing number of activists voicing support for the measure -- another sign that both sides will be heard loud and clear through the long, hot summer.

In Mesa Arizona, a town known for its anti-immigration politics, the Mayor has requested it be declared a "Rule of Law City," in support of the new law targeting Arizona's immigrant population.

Continue reading "Orange County group throws support behind Arizona; California immigration debate heats up" »

Los Angeles was set on Wednesday to become the largest city to boycott Arizona over its new immigration law, as cities across the nation have come together to condemn the measure, the San Jose Mercury News reported.

As our Los Angeles immigration lawyers and Riverside citizenship attorneys reported earlier this month, the Arizona law has stirred protests across the country. The Arizona law allows authorities to stop and request identification from anyone suspected of being an undocumented immigrant and to detain and begin deportation proceedings against those not in compliance.

Los Angeles city council is considering a resolution that would forbid the city from doing business with Arizona unless the law is repealed; the measure would likely impact about $8 million in contracts. A city report recommends council suspend travel, cut contracts and refrain from entering into new business with any Arizona companies.

Earlier this week, San Francisco's Board of Supervisors passed a nonbinding boycott.

All totaled, the city does about $52 million in business with Arizona but notes cutting some services, such as US Airways which is based in Arizona, would not be feasible. The services targeted for elimination include Taser guns, waste management, surveillance equipment and engineering contracts.

Officials said they were looking into terminating those contracts and awarding them to California businesses, which could benefit California's struggling economy.

Meanwhile, some polls show strong support for the Arizona law, and immigrant rights advocates are increasingly concerned about the possibility of other states enacting similar laws. The Obama administration has called on lawmakers to push forward with comprehensive, compassionate immigration reform in an effort to thwart attempts by states to enact a patchwork of legislation.

Continue reading "Los Angeles could boycott Arizona as it protests radical immigration reform measure" »

Arizona's tough new immigration law is ratcheting up the immigration debate in California's Senate race, the Los Angeles Times reports.

As our Anaheim immigrant rights lawyers reported this week on our California Immigration Attorney Blog, the immigration debate is also influencing the California governor's race, where candidate Meg Whitman has begun to respond to Steve Poizner's aggressive anti-immigration message as polls show he has narrowed her lead.

We think ignoring the power of the Hispanic vote is a mistake; telephone polls are much less likely to include the opinions of Southern California's immigrant population, which has become a powerful voice on election day. As we reported in April, major Latino rights groups in the Los Angeles area released voter scorecards tracking how well California politician's supported immigrant causes in preparation for the upcoming November election.

Republican Senate candidate Tom Campbell has been repeatedly pressed for his reaction to Arizona's new law at voter forums during his California campaign. The three-way Republican race is for the chance to challenge Democratic Sen. Barbara Boxer and had previously been dominated by economic concerns. But the new Arizona law -- which allows law enforcement in that state to question residents about their immigration status -- has quickly drawn the attention of California voters. A recent debate in Los Angeles had all three candidates, including Assemblyman Chuck DeVore of Irvine and former Hewlett-Packard CEO Carly Fiorina, answering questions about immigration reform.

Both Fiorina and VeVore have used the issues as a wedge against Campbell, and DeVore has blasted Fiorina for flip-flopping when it comes to taking a position on immigration reform. All three Republicans are attempting to appeal to conservative Republicans while not alienating independent and minority voters, who will play a crucial role in the fall election.

Continue reading "California immigration debate impacts U.S. Senate race " »

California gubernatorial candidate Meg Whitman weighed in on the California immigration debate over the weekend with a new radio ad, according to the L.A. Times.

As our Orange County immigration lawyers reported last month here on our California Immigration Attorney Blog, Republican Candidate Steve Poizner has made opposition to immigration a centerpiece of his campaign.

Whitman responded to a new anti-immigration ad by Poizner with an ad or her own; the 60-second spot features former Gov. Pete Wilson, who says "Meg will be tough as nails on illegal immigration."

The Times noted the ads continue to signal the rebirth of the immigration debate in California. But what is needed is a common-sense compassionate approach to immigrant rights in Los Angeles and throughout California; not a return to the rhetoric of the past.

Recent polls have shown Poizner shrinking Whitman's lead, which could be one reason she is addressing the immigration issue. However, neither will benefit from the increasing power of the Hispanic vote. As our Los Angeles immigration attorneys reported recently, major Latino groups are releasing voting scorecards and pushing the increasingly powerful Hispanic vote to support politicians who will work for justice on behalf of California's immigrant population.

Continue reading "Governor's race increasingly focused on California immigration reform" »

President Obama marked Cinco de Mayo by urging Congress to work on comprehensive immigration reform this year, while criticizing Arizona's new immigration law as the wrong approach, CNN reported.

As our Riverside immigration attorneys and Orange County immigration lawyers monitor the protests and backlash over the Arizona law, we will continue to report developments here on our California Immigration Attorney Blog.

"The answer isn't to undermine fundamental principles that define us as a nation," said Obama, who instead called for "common-sense comprehensive immigration reform."

Arizona's law permits law enforcement to stop and question suspected undocumented immigrants, request identification, and turn those in violation over for deportation proceedings. It has been compared to California's Proposition 187, which was passed in the 1990s and attempted to prevent immigrants from receiving public education or other social services. That measure was ultimately ruled unconstitutional by the federal courts.

Obama's remarks came on Cinco de Mayo, a celebration of Mexican heritage that has been embraced by millions of Americans and one of the most overt signs of the vast social and economical contributions the modern-day immigrant population has made to the nation. Cinco de Mayo commemorates the Mexican Army's unlikely victory over French forces on May 5, 1862 at the Battle of Puebla. In the United States, it has become a celebration of Mexican heritage and pride, in much the same way St. Patrick's Day celebrates Irish heritage.

Immigration advocates in California and elsewhere have been pushing the Obama Administration to deliver on its promise of compassionate immigration reform.

"I was pleased to see a strong proposal for comprehensive reform presented in the Senate last week, and I was pleased it was based on a bipartisan framework," Obama said. "I want to begin work this year. And I want Democrats and Republicans to work with me."

Obama said states will continue to take "misconceived" steps to address immigration unless the federal government takes action on a comprehensive approach.

"We can't start singling out people depending on who they look like or how they talk or how they dress," Obama said. "We need bipartisan support, but it can be done and it needs to be done."

Continue reading "Obama makes push for immigration reform as nation celebrates Cinco de Mayo" »

Roll Call, a publication that follows the legislative process in Washington, D.C., has released a summary of the bipartisan immigration reform legislation proposed by Sens. Charles Schumer (D-NY) and Lindsey Graham (R-S.C.).

As our Anaheim immigration lawyers reported on our California Immigration Attorney Blog, the measure would include biometric social security cards.

"Throughout our history, immigrants have contributed to making this country more vibrant and economically dynamic," Schumer and Graham wrote in a Washington Post editorial. "Once it is clear that in 20 years our nation will not again confront the specter of another 11 million people coming here illegally, Americans will embrace more welcoming immigration policies."

The proposed Immigration Reform bill includes four key measures:

-The Biometric Social Security cards meant to reduce fraud and strengthen employment verification.

-Strengthen border security and interior enforcement.

-A process for admitting temporary workers.

-A path toward citizenship for illegal immigrants currently living in the United States.

The proposal would permit employers to hire illegal immigrants only if they were unsuccessful in recruiting Americans to fill the positions. Undocumented workers would have to pay fines and back taxes, and perform community service, in order to obtain citizenship. They would also have to pass background checks and become proficient in English.

Obama called the proposal a promising starting point but stopped short of promising immigration reform would become a reality this year; As our Los Angeles immigration attorneys reported earlier this month, the November elections threaten to stall reform as Republicans hope to shift the balance of power in Congress.

The National Immigration Forum said the proposal is missing several essential elements critical to compassionate reform, including a provision for family reunification, temporary status for farm workers and conditional permanent residency for students who arrive in the U.S. as minors.

Continue reading "California immigrant rights advocates eye Washington immigration reform" »

House Speaker Nancy Pelosi, California's most powerful Washington politician, called climate change legislation the "flagship issue of her speakership" but told Fox News that she would not stand in the way of lawmakers tackling immigration reform this year.

As our Los Angeles immigration lawyers reported earlier this month on our California Immigration Attorney blog, the fight over immigration reform is expected to heat up now that lawmakers have turned their attention away from the health care debate.

"If the Senate is ready with an immigration bill, we don't want anybody holding it up for any reason," Pelosi said. "Send it to us."

The Wall Street Journal reports that a move on immigration reform by Democrats is expected to quell frustration among Hispanic voters, whose support will be critical to the upcoming Congressional races in November.

"It's a moral imperative and a political imperative," one Democratic aide was quoted as saying.

The acknowledgment from both sides of the political aisle that the immigration debate is coming this year is thought to be a positive sign for frustrated advocates of immigration reform, who have feared lawmakers would push the issue off indefinitely.

An immigration reform measure being pushed by Senators Lindsey Graham (R-S.C.) and Charles Schumer (D-NY) would create a path to citizenship, provide increased security measures at U.S. borders, establish a guest-worker program and could result in the development of biometric identification cards to better track the hiring of workers by U.S. employers.

Continue reading "Immigration reform debate heats up in Washington; California will play key role in reform" »