California Immigration Attorney Blog

More than 200 California National Guard troops will deploy to the California-Mexico border next month, where our Los Angeles immigration lawyers have reported that border crossings are already nearing an all-time low.

The Los Angeles Times reports the 224 Guard members will be aimed at front-line deterrence, rather than building fences and roads as was the case during previous missions.

As we reported on our California Immigration Attorney Blog, many believe the $500 million move to add 1,2000 soldiers to the border is little more than gamebit aimed at getting Republicans to the bargaining table to deal with comprehensive immigration reform.

There are already 20,000 troops on the border -- double the number that were in place in 2004 -- and border crossings are near an all-time low because of the economy. In fact, some studies show that the increased security -- for which taxpayers fork out $4 billion a year -- only serves to prevent seasonal laborers from returning to Mexico during the off-season.

The California contingent will patrol the border across San Diego County in U.S. Border Patrol vehicles, using binoculars and night-vision goggles. They will also patrol beaches in an effort to prevent immigrant boats from coming ashore.

Meanwhile, arrests of illegal immigrants in California have dropped to record lows, an accepted indicator of the drastic decline in border crossings. About 60,000 have been arrested in the San Diego sector since last October. That compares to the 118,000 arrested in the previous year.

Continue reading "California troops ordered to the Mexican border despite record low arrests of illegal immigrants" »

Only when it comes to immigration reform could it be revealed that a country with a $1 trillion dollar deficit is being run by a government that does not understand the procedure for passing a spending bill.

A $600 million bill to add yet more security to the nation's border should have gone to President Obama for signature on Tuesday but instead was held up by a procedural glitch that requires Senate action, the Los Angeles Times reported.

The Senate is on vacation until September.

Our Long Beach immigration lawyers have reported extensively about the border security issue on our California Immigration Attorney Blog. Security at the boarder is at the tightest it has ever been. The downturn in the economy is primarily responsible for the downturn in illegal immigration. And the $600 million border protection measure is largely seen as a political payoff to Republicans in the hopes of moving forward on some sort of immigration reform effort after decades of inaction in Washington.

The Hispanic voters, who were promised immigration reform when they voted in droves for Obama two years ago, are becoming increasingly disenfranchised. And if Republicans resume control of Congress after the November elections, immigration reform could be in real trouble.

The Senate "unwittingly" violated a constitutional requirement that all spending bills originate in the House. This would seem to be a pretty elementary rule of doing business, but what do we know?

The spending measure would add about 1,500 additional agents (an agent for every 8 miles of border once shift-changes are taken into account) and add a pair of unmanned surveillance planes. The costs would reportedly be offset by substantially raising visa fees for companies that hire foreign workers -- from $320 to $2,750. Although we have reported repeatedly that the immigration system is not processing visas in anything approaching a timely manner.

"Politicians will go home and brag to their constituents about how tough they are, without solving a thing," said Lynn Tramonte, deputy director of America's Voice, an immigration advocacy group.

Continue reading "Congress no closer to passing immigration reform - can't pass spending bill despite $1 trillion deficit" »

The San Francisco Chronicle is reporting that more than one-fourth of immigrants deported under a system touted as a way to remove dangerous criminal had never even been convicted of a crime.

Our Los Angeles immigration lawyers and Glendale immigration attorneys frequently report on the disinformation being used by anti-immigration opponents to justify the lack of basic immigration reform.

In California, 26 percent -- or 3,875 of 14,823 -- who were deported under the program in the last year were not criminals. The report was released this week by Immigrations and Customs Enforcement.

Only 4,128 were convicted of what the program defines as the most serious crimes. Critics argue it has failed to reach the most serious criminals among the immigrant population, while only serving to instill fear of local law enforcement among immigrant communities.

The Secure Communities program requires states to forward fingerprints of people booked into jail to federal immigration officials. Agents are charged with checking the fingerprints against databases. A match results in a defendant being turned over to federal authorities.

The program is now operating in about half of California communities.

"(ICE) sweeps up all the little people along with what they say is their intention, which is to deport serious and violent criminals," San Francisco Sheriff Michael Hennessey said.

ICE credits the program with removing a total of 34,600 immigrants and says those being identified as noncriminals could be an immigrant fugitive or have been previously deported.

Continue reading "California immigrants facing deportation under program touted as crackdown on criminals" »

Loud protest has U.S. immigration officials talking the talk after complaints from Hollywood about increasing problems obtaining visas for world-class performing artists, the Los Angeles Times reported.

Our Hollywood immigration attorneys and Los Angeles immigration lawyers are frequently called to assist clients dealing with visa issues. The visa program, like the rest of America's immigration policy, is needlessly complex, frequently unfair and often arbitrary.

Our California Immigration Attorney Blog recently reported about problems renewing E-2 Visas in Los Angeles and that the backlog of immigration cases in Southern California is the worst in the nation.

The latest issue involves needless roadblocks for performance visas form the California service center, which provides O and P visas for artists and researchers of extraordinary ability. One center canceled an Argentine music group because California immigration officials challenged whether its fusion of Jewish klezmer music and tango met the requirements of being "culturally unique."

Our immigration officials are critics of the performing arts! What, with the whole immigration process operating so smoothly they felt they had the extra time and abilities.

"In the past year and a half, what we've seen is petitions that previously and typically were approved are being denied," said Heather Noonan of the League of American Orchestras. "It impacts the whole range of arts disciplines. The cumulative effect makes the process of engaging international talent very challenging."

Alejandro Mayorkas, who was appointed to lead the U.S. Citizenship and Immigration Services last year, said he was looking into the reasons for the backlog.

The denial of O visas, which apply to individuals, has doubled: from 9.6 percent in 2008 to nearly 20 percent this year. The denial of P visas, for groups, jumped from 11.1 percent to 26.8 percent. Visa officials are also asking for an increasing amount of evidence and documentation.

Complaints have reached the White House and Congress, prompting visa officials to promise to do a better job of what it is they are supposed to be doing ... processing visas.

Continue reading "California visa officials feel qualified as art critics ... but may not be qualified as visa officials" »

The Los Angeles Times revisited it's editorial in the wake of Proposition 187's defeat, after a federal judge's decision last week to issue an injunction prohibiting Arizona's controversial new immigration law from taking effect.

Our Los Angeles immigration attorneys have reported on our California Immigration Attorney Blog about the many comparisons being made between Proposition 187 and Arizona's new law. It's not so much that the laws are similar -- California's Proposition 187 sought to withhold education and social services form illegal immigrants, while Arizona's measure seeks to prevent them from working and requires law enforcement to check their legal status -- as the fact that both laws were enacted during periods of similar frustration over the federal government's utter failure to act.

The federal judge's decision to prevent most of Arizona's law from taking effect comes in response to a lawsuit filed by the Obama Administration, which said such laws violate the rights of the federal government.

The Times' editorial regarding Prop 187 said: "(The judge) put the responsibility for immigration reform where it always has rightly belonged -- with the federal government."

In both cases, voter frustration was real enough. In both cases, the influx of immigrants, and the failure of the federal government to do much about it, resulted in state laws. "Even as the fate of Proposition 187 was being weighed by the court, Congress began to debate immigration reform once again," the Times wrote in November 1995.

More than a decade has passed and Congress has still failed to act in every regard. As the Times pointed out in its Proposition 187 editorial 15 years ago, Congress had been trying to tackle the issue since 1986.

Continue reading "California immigrant rights no closer to reality after quarter-century of inaction in Washington" »

Mexico's Human Rights Commission is sending inspectors to U.S. border crossings to monitor deportations that could result when Arizona's new law goes into effect on Thursday, the Associated Press reported.

Our Los Angeles immigration attorneys and Lancaster immigration lawyers are watching to see what impact the new law has on California's immigrant population. As we have reported, many expect border states to experience an influx of immigrants who choose to flee Arizona.

The federal government is suing the state over the law, which requires authorities to question those suspected of being in the country illegally and to take those without proper documentation into custody for deportation proceedings.

The Mexican government said it will send monitors to border gates in Tijuana, across from California, Nogales, next to Arizona, and Ciudad Juarez and Reynosa cross from Texas. The monitors will be in place to ensure that immigrants are treated properly.

"The implementation of the Arizona Law SB1070 represents a threat to migrants' full exercise of their human rights," the commission said in a statement. "The law violates the principles of nondiscrimination, equality before the law and freedom from arbitrary arrest."

Supports continue to argue the law is necessary to deal with the issue of illegal immigration in the wake of the federal government's failure to enact comprehensive reform. Opponents argue it will lead to racial profiling, trample the rights of millions of immigrants and result in a return to the legalized racism of America's past.

Continue reading "Mexican officials to monitor immigrant rights as Arizona immigration law goes into effect" »

The Washington Post reports that immigration has increased during the two-decades of increasing border security and that the largely neglected issue of jobs is the real driver of illegal immigration.

As our Los Angeles immigration lawyers reported earlier this week on our California Immigration Attorney Blog, Obama has approved a $500 million plan to add 1,200 soldiers to the border. The move is largely political and will have little practical effect -- the 20,000 troops already patrolling the U.S.-Mexico border is double the number of troops that were stationed on the border in 2004.

In an apparent effort to please hardline Republican's, Obama acknowledged the need to tough border security, both in a Fourth of July speech on immigration reform and in moving additional troops to the border on Aug. 1. The Post noted that "sealing" the border was a precondition of Republicans during 2007's failed attempt to pass comprehensive immigration reform.

Congress ordered more than 670 miles of border fencing, walls and spikes in 2006 and that work in nearing completion at a cost of $4 billion. Border patrol costs another $4 billion annually. Including the cost of National Guard troops, the cost is about $10 billion a year.

Research by Princeton University sociologist Douglas Massey found that increasing border security actually discourages seasonal laborers from going back to Mexico when they are not working. The Post article even contends that Arizona's tough new immigration law is a byproduct of tighter border security in Texas and California, which sent immigrants following the path of least resistance through Arizona's Sonoran Desert.

For 150 years, American's immigration levels have been trailing indicators of its economy -- increased immigration follows good economic times and low immigration levels follow economic downturns.

The Great Recession has been no different. In the past three years, more than a million illegal immigrants have left the country, or about 10 percent of the nation's estimated 12 million undocumented immigrants.

Continue reading "California immigration impacted by jobs, not border security " »

Hundreds more National Guard troops will be deployed to the U.S.- Mexican border on Aug. 1 as part of the Obama Administration's efforts to increase borders security, the New York Times reported.

Our Los Angeles immigration attorneys reported last month that another $500 million will be spent to deploy additional troops along the Mexican border. Meanwhile, arrests at the border are already at the lowest level since the 1970s and the number of troops has doubled since 2004 and now stands at more than 20,000.

Obama signed the order in May, which will send about 500 more soldiers to the Arizona border while another 700 will be spread along the Mexican border in New Mexico, Texas and California.

Our Santa Ana immigration lawyers question to need for the troops but not the political reasoning behind the move. As we reported here, the downturn in the American economy has had the biggest impact in the decline on illegal immigration. But showing a commitment to border security (even when the additional troops will serve no practical purpose) is a good political move as the administration seeks movement on immigration reform from hardline Republicans and prepares to fight against Arizona's new immigration law.

When we say no practical purpose, that is precisely what we mean: A thousand additional troops is an increase in troop strength of about 5 percent. Using the standard law enforcement ratio of 4-1 (it takes four officers on the force for every one patrolman on the street because of 24-hour work days and rotating days off), the announcement will add one soldier for every eight miles of border.

"These troops will provide direct support to federal law enforcement officers and agents working in high-risk areas to disrupt criminal organizations seeking to move people and goods illegally across the southwest border," said Janet Napolitano, the secretary of the Department of Homeland Security.

Napolitano, the former governor of Arizona, also wrote a guest column published in the Arizona Republic, that state's largest newspaper.

Continue reading "More troops at the California-Mexican border next weekend as feds launch $500 million plan" »

The U.S. Department of Justice has officially filed a lawsuit attacking Arizona's tough new immigration law, CNN reported.

Our Orange County immigration attorneys and Costa Mesa immigration lawyers applaud the government's action even as we continue to point to the federal government's inaction in passing comprehensive immigration reform as the primary reason for Arizona's aggressive immigration stance.

The Arizona law permits law enforcement to seek identification from those suspected of being in the country illegally and to detain those in violation and turn them over for deportation proceedings. States bordering Arizona, including Texas and California, are bracing for an influx of immigrants from Arizona as hardworking, law-abiding families are uprooted by fear and intimidation.

On Tuesday, the federal government also asked for an injunction to stop enforcement of the Arizona law, which took effect last month. The government argues that the state law is invalid because it circumvents federal authority when it comes to issues dealing with immigration.

"In our constitutional system, the power to regulate immigration is exclusively vested in the federal government," the brief said. "The immigration framework set forth by Congress and administered by federal agencies reflects a careful and considered balance of national law enforcement, foreign relations, and humanitarian concerns -- concerns that belong to the nation as a whole, not a single state."

Arizona Gov. Jan Brewer immediately went on the attack.

"Today's filing is nothing more than a massive waste of taxpayer funds," Brewer said. "These funds could be better used against the violent Mexican cartels than the people of Arizona."

The federal court filing argues that the U.S. Constitution does not permit states to develop a patchwork of policies throughout the country. "The State of Arizona has crossed this constitutional line," the government argues.

The brief argues that the Arizona law disrupts federal law enforcement priorities and poses a threat to national security and public safety. The sheriff of Santa Cruz County in Arizona and several officials from the Department of Homeland Security have voiced support for the federal government's quest to stop the measure from being enforced.

In a speech last week, President Obama prodded Congress to begin working on comprehensive immigration reform and said the majority of Americans are in favor of a measure that would resolve the status of an estimated 11 million illegal immigrants.

Continue reading "Feds sue over Arizona immigration law, Southern California immigrant rights advocates watch and wait" »

California immigrant rights advocates are regrouping in the face of an announcement by the Obama Administration that another $500 million will be spend to deploy National Guard troops to the Mexico border, the Washington Post reported.

Our Los Angeles immigration lawyers reported on the announcement last month on our California Immigration Attorney Blog. Advocate groups have long argued that border enforcement is futile. But, with that message falling on deaf ears, advocates from across 2,000 miles of southwestern borders gathered for two days last weekend in San Diego to brainstorm a new message.

"It was a summit, of sorts," said Andrea Guerrero, policy director for the American Civil Liberties Union of San Diego. "We had a strategy session for all of us to come together and think about how we can push back on the ideas" coming from Washington.

Members from California, Texas, New Mexico and Arizona were among about 45 delegates to attend the meeting. At the top of the agenda: figuring out how to counter Obama's message that more border protection is needed, including 1,000 more border agents and 1,200 National Guard troops.

"At this point, we're looking at George W. Bush longingly," joked Louie Gilot of the Border Network for Human Rights, based in El Paso. "We were promised change by the administration. But we're not only getting the same enforcement-only policy, we're getting even more of it."

Administration officials countered that assertion but saying that Obama will address the need for more comprehensive reform during a speech scheduled for later this week in Washington.

Meanwhile, arrests at the border are at the lowest levels since the 1970s and troop strength has increased from 11,000 in 2004 to more than 20,000 today.

As our Santa Ana immigration attorneys continue to report, the economic downturn has had a greater impact on the number of Mexican citizens crossing the border in search of work. And rogue states enacting their own legislation, such as the recent Arizona immigration law, threatens to start a border war between states as immigrant families are uprooted by fear and racism.

Continue reading "California immigrant rights groups regroup in face of Administration's emphasis on border security" »

Mexico has joined a legal challenge to Arizona's controversial new immigration law, Reuters News Service reported. The announcement comes in the wake of action by the Obama administration, which said it will challenge the Arizona law in federal court.

As our Los Angeles immigration lawyers have reported on our California Immigration Attorney Blog, the measure has been compared to California's Proposition 187. That measure attempted to refuse educational and social services to illegal immigrants and was ultimately ruled unconstitutional by the federal courts. We think the Arizona law could well suffer the same fate but, by then, much of the damage will have been done.

Authorities continue to report that residents of Mexican decent are leaving Arizona in droves. Border states, including California, will likely receive much of the influx. Kids will be taken out of school, jobs will be lost, financial boycotts will take their toll on the economy, and families will be uprooted. The Arizona law permits authorities to request identification from anyone suspected of being in the country illegally and to turn those found to be in violation over to federal authorities for deportation proceedings.

The law takes effect July 29. It is also being challenged in five separate lawsuits filed in federal court in Arizona by civil rights and religious organizations, as well as two police officers. Opponents argue the law is unconstitutional and is nothing more than mandated racial profiling.

The Mexican government has filed legal briefs in support of one of the lawsuits, saying the law "raises substantial challenges to the bilateral diplomatic relations between Mexico and the U.S." Mexico officials say more than 20 million Mexican workers, tourists and students were legally allowed in the United States throughout 2009 and it is concerned its citizens could be discriminated against based on racial profiling.

"Mexico is gravely concerned that (Arizona's law) will lead to .. detentions of Mexican citizens without regard to whether they have taken any actions or exhibited any behavior indicating they are guilty of a crime," the brief says.

The Latin America News Dispatch reports a challenge from the U.S. Department of Justice could be filed as early as next week. The federal lawsuit is expected to argue that Arizona doesn't have the constitutional right to make immigration policy and that the law could foster racial discrimination.

Arizona Gov. Jan Brewer said a legal defense fund has brought in $48,000 thus far and that those funds will be earmarked to defend the state against legal action. "I will ensure the immigration laws we passed are vigorously defended all the way to the United States Supreme Court if necessary," Brewer said.

Meanwhile, immigration reform advocates say lawmakers in the nation's capitol continue to expose the nation to independent actions taken by states to address immigration reform because the federal government has failed to enact legislation despite decades of debate.

On Monday, voters in Lincoln, Nebraska passed a measure that will penalize employers and landlords who hire illegal immigrants or allow them to rent apartments. The Journal Star reported that the American Civil Liberties Union and other organizations plan to fight the measure.

Continue reading "Mexican and U.S. governments fight Arizona's new immigration law " »

California residents traveled to Arizona over the weekend to protest that state's tough new immigration law. About 55 protesters packed a bus early Sunday morning and traveled from Orange County to the Arizona capitol of Phoenix, Channel 13 News reported.

As our Orange County immigration attorneys reported on our California Immigration Attorney Blog, many local governments, including the City of Los Angeles and Los Angeles County, are boycotting the state in protest of its new immigration measure.

The Arizona law permits authorities to request identification from illegal immigrants and to detain and begin deportation proceedings against those lacking appropriate documentation.

The protest was organized by Los Amigos of Orange County; participants spoke out against the law and said they hope there is a federal intervention aimed at stopping it. The Arizona Republic reported that protesters included an Orange County real estate broker of Mexican descent, who said he feels a new sense of discrimination in Arizona.

"Times have changed in California," Joe Yanez said. "They're just starting in Arizona."

Alfredo Amezcua, a mayoral candidate from Santa Ana, said protesters included people from all walks of live, including doctors, business owners and students.

Yanez, who said he was born in the United States and speaks good English, was not prepared for the reception he received. "I could almost feel the hostility," he said. "I feel there is something wrong here."

Continue reading "Orange County residents participate in Arizona protest over immigration law" »

The National Ledger is among the media outlets reporting the potential influx of immigrants into California and Texas as a result of Arizona's tough new immigration law.

Our Mission Viejo immigration lawyers and Costa Mesa immigration attorneys are monitoring the fallout of the Arizona law, which allows law enforcement to request identification from anyone suspected of being an undocumented immigrant. Violators can face detention and deportation.

The first sign that immigrant families may be leaving Arizona in large numbers is the drop in Arizona school enrollment among Hispanic students. While some argue enrollment is anecdotal, it followed a similar pattern after passage of an Arizona law in 2007. That law, which included sanctions against employers who hired illegal workers, resulted in about 100,000 immigrant workers leaving the state.

Thaindian News reports California, New Mexico and Texas are likely to see the largest uptick in immigrant families.

These same states have often been critical of the Arizona measure. As we reported on our California Immigration Attorney Blog, both Los Angeles County and the City of Los Angeles have passed boycotts of Arizona businesses in protest of the new law.

FOX News reports the data is unclear when it comes to gauging the exodus of Hispanics from Arizona. However, one Phoenix principal reported that 95 students have left the school system since the law was signed in late April.

The Arizona Republic reported another area school system was anticipating as many as 300 students would leave the district over the summer because of the new law.

Continue reading "Arizona law could lead to influx of Hispanic immigrants into California" »

Mexican officials and a California lawmaker are at odds over whether the Mexican government can establish an office on Catalina Island to issue ID cards to illegal immigrants, the San Francisco Examiner reported.

The debate over immigration has reignited nationwide in the wake of Arizona's tough new immigration law. Our Santa Ana immigration lawyers and Costa Mesa immigration attorneys continue to meet with immigrant families, those applying for work or student visas in the Los Angeles area, and others who are concerned about the impact the current debate will have on California immigration reform and immigrant rights nationwide.

Rep. Dana Rohrabacher, R-Calif., claims the Mexican government is abusing its authority to replace expired passports by issuing documentation to illegal immigrants. A spokesman for the Mexican Embassy in Washington denies the allegation.

"One of the aspects of our consulate is to provide (ID) cards in the same way the U.S. provides passports and other official documents to their citizens," said embassy spokesman Ricardo Alday.

On Thursday, the Mexican government moved their satellite consular office from the Catalina Island Country Club to St. Catherine's Catholic Church, claiming protection under the Vienna Convention. The club resisted having the cards distributed there after a media report. Rep. Rohrabacher then went as far as to attack the Catholic Church.

"If the Catholic Church insists on preventing immigration law from being enforced, then they should step up and pay the bill," she said.

Many banks and other U.S. institutions accept the cards -- called matricular cards -- as an official form of identification despite the contention from U.S. law enforcement that the card is unreliable. They contend legal immigrants have better forms of identification, while the cards are used almost exclusively by illegal immigrants seeking to obtain services in the United States.

Testimony before Congress by the Federal Bureau of Investigation claimed the Mexican government has no centralized database for the cards, making them rife for forgery and duplication. The Mexican government contends it is continually improving upon the security of the cards.

"You know that it is impossible to have 100 percent bulletproof documents just like your U.S. Social Security cards can be forged in the U.S. and abroad," Alday said.

Continue reading "California questions ID cards being issued to immigrants by Mexican government" »

The New York Times has published a report about the ongoing problems associated with the renewal of E-2 Visas.

Our Los Angeles immigration lawyers work on behalf of clients seeking to obtain or renew an E-2 Visa. The visas permit foreign citizens to invest and work in U.S. businesses and must be renewed every two years. While there is no limit on the number of times the visas can be renewed, there has been an increase in problems associated with renewing the visas in recent years.

The Times tells the story of a British couple that has been forced to close their Maine restaurant after a decade in business as they seek to renew their visas and remain in the United States legally. Our immigration attorneys understand how devastating this can be to business owners in Southern California. In these tough economic times, the last thing we need to be doing is forcing the closure of businesses.

If you are facing the renewal of your E-2 Visa in Los Angeles, Riverside and San Bernardino, we encourage you to contact our Southern California immigration attorneys to discuss your rights.

In the Maine case, the couple's renewal application was denied because the government had determined their restaurant was a marginal business. Their business profit had fallen from $50,700 a year to $38,800 amid the recession.

Over the last two years, 8,468 E-2 extensions have been filed, and their approval rate has dropped, according to the United States Citizenship and Immigration Services. So far this year, about 82 percent have been approved, compared to 91 percent in 2008.

Authorities cite the Sept. 11 terrorist attacks, the increased focus on immigration reform and the downturn in the economy as primary reasons for the increased scrutiny of visa applicants.

Continue reading "Renewal of California E-2 Visas best left to experienced Los Angeles immigration attorney " »