Obama Administration Mulls Then Grants TPS for Haitians and Suspends Removals to Haiti
Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, offers some perspectives on the island nation’s current calamitous chaos.
On January 13, 2010, DHS Deputy Press Secretary Matt Chandler, in response to the devastating earthquake epicentered in Port au Prince, Haiti, announced a suspension of removals to Haiti. Chandler said, “Department of Homeland Security Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement Assistant Secretary John Morton today halted all removals to Haiti for the time being in response to the devastation caused by yesterday’s earthquake. ICE continues to closely monitor the situation.”
The Administration considered and on January 15, 2010 granted Temporary Protected Status (TPS) in the wake of the disaster. TPS allows citizens of countries so designated who are in the U.S. illegally to stay and work in the U.S. legally for up to 18 months. Haitians who were residing in the U.S. on the day of the quake and who meet other requirements are eligible to apply. Presently, the DHS is readying for the registration of what DHS estimates to be 100,000-200,000 Haitians eligible to TPS. The registration period will begin on the date that DHS publishes notice in the Federal Register. Qualifying Haitians in the U.S. will have a 180 day window thereafter in which to file. TPS can be extended multiple times depending on Department of State’s assessment of country conditions. “Conditions are horrific there, almost unimaginable,” said Stewart Rabinowitz with the Dallas-based law firm Rabinowitz & Rabinowitz, “I am pleased that the Administration wasted little time in recognizing the severity of the situation.” According to Rabinowitz, Haiti is the poorest nation in the Northern Hemisphere, and this latest natural disaster, a 7.0 magnitude earthquake, the first major event of this kind in at least 200 years, is only the latest in a string of natural disasters. “Haiti has yet to recover from Tropical Storm Fay and hurricanes Gustav, Hanna, and Ike, which pounded Haiti in August and September 2008, killing a total of 793 people and leaving hundreds more missing. The country has also experienced riots over skyrocketing food prices and must endure a continued presence of UN troops to maintain order and now, a major earthquake in a country where buildings possess very little structural integrity.”
At least qualifying Haitians here can register for TPS and obtain employment authorization and can begin to assist family members in Haiti by remittances they will be able to send home to help in that country’s rebuilding process.
To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.
ICE Moves Against Human Trafficking
Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, echoes some timely comments against the despicable modern-day practice of human trafficking coincident with ICE efforts to combat the practice.
Recently U.S. Immigration and Customs Enforcement (ICE) described the increasingly prevalent practice of human trafficking, which has emerged as a global phenomenon. “It’s the equivalent of 21st century slavery,” said Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, “It may include forced labor, prostitution, child labor, or indentured servitude, but every day, people of all ages in many countries lead lives of desperation that are anything but quiet. In fact, their situations may be precarious if not also outright dangerous.”
Typical scenarios are varied but may include elements of the following: A young woman is smuggled across the U.S. border with the promise of a better life. Once she arrives here, she is forced to work as a prostitute to pay off her smugglers. With no travel or identity documents and unable to speak the language, she is trapped in a nightmare with little hope for escape.
Human trafficking is a serious cross-border crime, often leading to tragic consequences, and ICE is leading a U.S. federal government effort designed to investigate and dismantle human trafficking organizations.
“Criminal networks are becoming increasingly sophisticated when it comes to human trafficking,” asserted Rabinowitz, “It is a disturbing trend that should be met with an equally sophisticated response to proactively attack these criminal entities.”
The ICE has instituted several programs dedicated to combating human trafficking including:
Assuming the lead role in the Human Smuggling and Trafficking Center (HSTC), the U.S. government’s intelligence center for federal agencies involved in combating human smuggling, human trafficking, and terrorist travel.
ICE is training law enforcement and government partners around the world, conducting training sessions on trends in trafficking, undercover operations, and conducting investigations in foreign countries.
ICE is overseeing a variety of outreach and public awareness efforts, including the “Hidden in Plain Sight” campaign to educate citizens on recognizing the signs of human trafficking and reporting suspected trafficking victims.
ICE’s efforts are paying off. The agency opened 566 human trafficking investigations in Fiscal Year 2009, a 31 percent increase over the previous fiscal year and which led to 388 arrests, 148 indictments and 165 convictions.
To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.
ICE Expands Efforts to Locate Criminal Aliens in Additional California Counties
Sacramento and Solano Counties’ law enforcement agencies are the first in northern California to benefit from a program developed by the Departments of Justice and Homeland Security that identifies and removes dangerous criminal aliens.
On January 12, 2010, law enforcement agencies in Sacramento and Solano counties became the first counties in northern California to participate in an initiative developed by the Departments of Justice (DOJ) and Homeland Security (DHS), referred to as Secure Communities. The Secure Communities program has been designed to remove dangerous criminal aliens from the community and is administered by U.S.Immigration and Customs Enforcement (ICE). Secure Communities permits ICE to determine whether an individual arrested by a participating state or local law enforcement agency is a dangerous criminal alien so ICE can take the appropriate action to remove the individual from the community.
The Secure Communities program makes biometric identification technology accessible to the local law enforcement agencies in Sacramento and Solano counties that use electronic booking machines. Formerly as part of the booking process, local arrestees’ fingerprints were taken and checked for criminal history information against the DOJ biometric system maintained by the FBI. Under Secure Communities’ processing, that fingerprint information will now be simultaneously checked against both the FBI criminal history records and the biometrics-based immigration records maintained by the DHS.
If there is a match with fingerprints in DHS’s biometric system, the new automated process notifies ICE, enabling the agency to take appropriate action to ensure dangerous criminal aliens are held until ICE can transfer them into ICE’s custody. The agency gives top priority to foreign nationals who pose the greatest threat to public safety, such as those with prior convictions for major drug offenses, murder, rape, robbery and kidnapping.
“Secure Communities provides local law enforcement with an effective tool to identify dangerous criminal aliens,” said Acting Secure Communities Executive Director Marc Rapp. “Enhancing public safety is at the core of the ICE’s mission. Our goal with Secure Communities is to use information sharing to prevent criminal aliens from being released back into the community, with little or no additional burden on our law enforcement partners.”
Sacramento and Solano counties join five other California counties participating in the Secure Communities program.
Since October 2008 when the program began, Secure Communities has identified more than 11,000 foreign nationals charged or convicted with Level 1 crimes, such as murder, rape and kidnapping.
Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.
Administration Makes Recommendations to Enhance Air Travel Security
The Obama Administration has announced several recommendations made to the President for improving the technology and procedures used to protect air travel from acts of terrorism.
Department of Homeland Security (DHS) Secretary Janet Napolitano, White House Press Secretary Robert Gibbs, and Assistant to the President for Counterterrorism and Homeland Security John Brennan have announced several recommendations to improve the technology and procedures to protect the traveling public from acts of terrorism. The five recommendations were developed in response to the security reviews which President Obama ordered after the attempted terrorist attack on December 25, 2009. “The attempted attack on Christmas Day is a powerful illustration that terrorists will go to great lengths to try to defeat the security measures that have been put in place since September 11, 2001,” said Secretary Napolitano, “These recommendations will strengthen aviation security – at home and abroad – through new partnerships, technology, and law enforcement efforts.”
The five recommendations proposed by DHS include:
Re-evaluating and modifying criteria and processes used to create terrorists watch lists – including adjusting how names are added to the “No-Fly” and “Selectee” lists.
Establishing an aviation security partnership between DHS and the National Laboratories of the Department of Energy to develop technologies to deter and disrupt known threats and proactively anticipate and protect against new ways terrorists board an aircraft.
Accelerating deployment of advanced imaging technology to provide better explosives detection capabilities – and encouraging foreign aviation security authorities to act likewise to identify materials such as those used in the Christmas attack. The Transportation Security Administration currently has 40 machines deployed throughout the United States, and plans to deploy at least 300 additional units in 2010.
Strengthening the presence and capacity of aviation law enforcement by deploying law enforcement officers from across DHS to serve as Federal Air Marshals to increase security aboard U.S.-bound flights.
Working with international partners to strengthen international security measures and standards for aviation security.
Secretary Napolitano travels to Spain later in January to meet with her European counterparts as part of a series of global meetings designed to develop consensus on new international security standards for aviation security.
Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.
USCIS Plans Anti-Fraud Efforts Concerning H-1B
Immigration lawyer Stewart Rabinowitz of the Dallas-based firm Rabinowitz & Rabinowitz offers some perspective on how USCIS plans to prevent, detect, and address fraud within the H-1B visa program in 2010.
In September 2008, USCIS published a report entitled H-1B Benefit Fraud & Compliance Assessment of the H-1B visa program. As background, the H-1B classification permits a foreign national to work for a U.S. employer in a position deemed professional, and which requires at minimum a bachelor’s degree. Each H-1B employer must certify to the Department of Labor that the wage paid to the foreign national by the H-1B employer is the required wage (frequently the prevailing wage) in the area of intended employment, and must document the source of establishing wage offered, in addition to meeting many other technical requirements. USCIS collects substantial fees for filing H-1B petitions, including a $500.00 anti-fraud fee.The anti-fraud fee is currently $500.00. As of 2009, USCIS had collected approximately $90 million in anti-fraud fees.
The report, based on a sampling of 246 cases from a total population of 96,827 cases, revealed fraud in 33 cases of the sample, and technical violations in 18 cases.
In response to the report, U.S. Senator Charles E. Grassley (R-Iowa) wrote USCIS asking what plans the agency has to counter fraud and technical violations which the 2008 report revealed. “The USCIS response to Senator Grassley’s letter was in itself revealing,” says Stewart Rabinowitz, an immigration lawyer for the Dallas-based firm Rabinowitz and Rabinowitz, “In a public response to Senator Grassley’s letter, they stated that they’d be seeking greater evidence from petitioning H-1B employers that an H-1B employee will be performing at a site where that employer may place that worker, that USCIS will be expanding its site visit inspections of H-1B employers to approximately 25,000 (up from about 5,000 in 2009), and that USCIS will begin using open source commercial means to independently verify employer information.”
Rabinowitz can see the writing on the wall. “In this time of economic downturn, it is clear that USCIS will subject U.S. employers to greater scrutiny prior to approving an H-1B petition, requiring that even relatively simple H-1B cases become minutely well documented and thus become more expensive to prepare,” Rabinowitz asserts, “ H-1B employers should be prepared to document compliance with each of the requirements of the H-1B program, and with 25,000 inspections taking place, H-1B employers should expect a visit from USCIS agents during 2010.” But to what end? “This may result in a chilling effect, causing potential H-1B employers to not use the H-1B program, an outcome that may not benefit U.S.employers or U.S. workers in the long run. A U.S. employer who is unable to find required but scarce talent domestically and chooses to forego using the H-1B program to employ needed and available foreign talent may be less competitive globally as a consequence,” Rabinowitz concludes.
To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.
President Signs Law Extending Several USCIS Programs for 3 Years
Stewart Rabinowitz, of the law firm Rabinowitz and Rabinowitz, offers his opinions about President Barack Obama’s decision to sign into law an extension of several U.S. Citizenship and Immigrations Services (USCIS) programs.
On October 28, 2009, President Barack Obama signed into law an extension of the Department of Homeland Security (DHS) Appropriations Act of 2010 which extended several key programs until September 30, 2012. The extended programs included E-Verify, the Immigrant Investor (EB-5) Pilot Program, the special immigrant visa category for non-minister religious workers, and the date by which J-1 non-immigrant exchange visitors must obtain that status in order to qualify for the “Conrad 30” program.
E-Verify, an Internet-based system operated by DHS in partnership with the Social Security Administration (SSA), allows participating employers to electronically verify the employment eligibility of their newly hired employees. Stewart Rabinowitz, an immigration lawyer for the firm Rabinowitz and Rabinowitz, believes that the program is in widespread use. “More than 168,000 participating employers at nearly 640,000 worksites nationwide currently use the program,” he says. Since Oct. 1, 2009, more than 1.3 million employment verification queries are now automatically confirmed without any need for employee action.
Adds Rabinowitz, “Despite this number, the program continues to suffer significant databases errors, especially when processing recently naturalized U.S. citizens, which has led many other employers to shy away from enrolling.”
Under the Immigrant Investor Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center petitions. Under this program, qualifying investors who make a substantial investment in the U.S. and who create 10 U.S. worker jobs can gain permanent resident status. Through investment in pre-approved Regional Centers, foreign investors can rely on “indirect” job creation to meet the law’s requirements. Currently, there are more than 70 regional centers throughout the United States. USCIS strictly interprets requirements for this classification.
The special immigrant visa category for non-minister religious workers covers those within a religious vocation or religious occupation.
Finally, USCIS will continue to adjudicate immigration benefits covered by the “Conrad 30” program. The “Conrad 30” program allows each state health department to submit a request directly to the Department of State to initiate the waiver process for a foreign medical graduate who obtained J-1 status and who want to change to another status without leaving the U.S. to meet a two-year home residency requirement. “It’s not too difficult to imagine what might have happened in rural and other health shortage areas had the Conrad 30 program not been extended,” Rabinowitz concluded.
To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.
Customs and Border Protection (CBP) Releases 2009 Fiscal Year in Review
Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, offers some perspectives on the island nation’s current calamitous chaos.
On January 13, 2010, DHS Deputy Press Secretary Matt Chandler, in response to the devastating earthquake epicentered in Port au Prince, Haiti, announced a suspension of removals to Haiti. Chandler said, “Department of Homeland Security Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement Assistant Secretary John Morton today halted all removals to Haiti for the time being in response to the devastation caused by yesterday’s earthquake. ICE continues to closely monitor the situation.”
The Administration considered and on January 15, 2010 granted Temporary Protected Status (TPS) in the wake of the disaster. TPS allows citizens of countries so designated who are in the U.S. illegally to stay and work in the U.S. legally for up to 18 months. Haitians who were residing in the U.S. on the day of the quake and who meet other requirements are eligible to apply. Presently, the DHS is readying for the registration of what DHS estimates to be 100,000-200,000 Haitians eligible to TPS. The registration period will begin on the date that DHS publishes notice in the Federal Register. Qualifying Haitians in the U.S. will have a 180 day window thereafter in which to file. TPS can be extended multiple times depending on Department of State’s assessment of country conditions. “Conditions are horrific there, almost unimaginable,” said Stewart Rabinowitz with the Dallas-based law firm Rabinowitz & Rabinowitz, “I am pleased that the Administration wasted little time in recognizing the severity of the situation.” According to Rabinowitz, Haiti is the poorest nation in the Northern Hemisphere, and this latest natural disaster, a 7.0 magnitude earthquake, the first major event of this kind in at least 200 years, is only the latest in a string of natural disasters. “Haiti has yet to recover from Tropical Storm Fay and hurricanes Gustav, Hanna, and Ike, which pounded Haiti in August and September 2008, killing a total of 793 people and leaving hundreds more missing. The country has also experienced riots over skyrocketing food prices and must endure a continued presence of UN troops to maintain order and now, a major earthquake in a country where buildings possess very little structural integrity.”
At least qualifying Haitians here can register for TPS and obtain employment authorization and can begin to assist family members in Haiti by remittances they will be able to send home to help in that country’s rebuilding process.
To learn more about Rabinowitz & Rabinowitz, P.C., call 1.972.233.6200 or visit Rabinowitzrabinowitz.com.
United States and Canada Announce Efforts to Expedite Travel
The United States and Canada announce initiatives to combat common threats and expedite travel and trade.
On November 24, 2009, U.S. Department of Homeland Security Secretary Janet Napolitano and Public Safety Canada Minister Peter Van Loan announced initiatives between the United States and Canada that enhanced their shared commitment to tackle common threats like terrorism and organized crime while ensuring the lawful flow of travel and trade across the border.
The announcement came after Secretary Napolitano and Minister Van Loan met for the second of their formal biannual meetings; the Secretary and the Minister have also met three other times in 2009.
The parties reviewed progress on the mutual goals announced in May which included enhancing information sharing and expanding integrated law enforcement, while protecting privacy and economic security.
“Close cooperation and coordination between the United States and Canada is critical to the national and economic security of both nations,” said Secretary Napolitano. “Minister Van Loan and I are committed to working together to combat transnational threats and facilitate lawful travel and trade on both sides of the border.”
“A shared understanding of the threats and risks we face is paramount to our common objective of enhancing U.S.-Canadian security. We are working together to achieve this,” said Minister Van Loan. “We have a joint responsibility to secure the safety of our citizens.”
The initiatives include a number of bullet points.
Streamlining Border Shipping: Canada and the United States have agreed to work toward aligning the U.S. Customs Trade Partnership Against Terrorism (C-TPAT) and Canada’s Partners in Protection (PIP) program, in an effort to achieve harmonization as quickly as possible.
Maritime Emergency Cooperation: Canada and the United States have created a Maritime Annex to the Joint Framework for the Movement of People and Goods During and Following Emergencies.
NEXUS and FAST Cards Now Accepted Everywhere: Canada will join the United States in recognizing NEXUS and Free and Secure Trade (FAST) trusted traveler program cards as valid identification documents in all lanes at all land and sea border ports of entry beginning November 25, 2009.
Immigration Information Sharing: The United States will join a biometric data sharing initiative involving Canada, Australia, the United Kingdom, and eventually New Zealand.
Fighting Money Laundering and Terrorist Financing: The two countries are in the final stages of completing a Memorandum of Understanding to share data on currency seized at the border.
Combating Human Trafficking: Collaboration is to be enhanced on efforts to combat human trafficking in both nations and across the U.S.-Canada border.
Security Cooperation: It was agreed to exchange best practices and broaden collaboration in the areas of critical infrastructure protection and countering violent extremism.
Continuing Cooperation: Minister Van Loan and Secretary Napolitano expect to meet again in approximately six months to continue their strategic work on mutual initiatives to combat security threats and expedite travel and trade.
Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.
DHS Releases 2008 Estimates of U.S.
Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz & Rabinowitz, offers informed commentary about the estimates of the 2008 U.S. legal permanent resident population.
The Department of Homeland Security (DHS) recently released information regarding the legal permanent resident (LPR) population living in the United States as of January 1, 2008, and has estimated that 12.6 million LPRs lived in the United States on that date. The LPR population includes persons granted lawful permanent residence, but not those who have become U.S. citizens. One-half obtained LPR status in 2000 or later; one-quarter became LPRs during 2005-07.
Data on the size and characteristics of the foreign-born population are needed to assess the impact of immigration and integration of immigrants into U.S. society. Stewart Rabinowitz, an immigration lawyer from the Dallas-based law firm Rabinowitz and Rabinowitz, explains how the estimates are compiled. “The decennial census and monthly household surveys of the Census Bureau include questions on place of birth, citizenship, and year of entry into the United States. This data provides information on the total foreign-born population, naturalized citizens, and non-citizens. National population data on the major subcategories of non-citizens, including LPRs, students, temporary workers, and unauthorized immigrants, however, are not readily available from any source and must be estimated.”In 1981, Congress discontinued an alien registration program which required all legal resident aliens to report their status annually to the legacy Immigration and Naturalization Service making direct calculations since then more difficult.Immigration data collected by DHS measures administrative events such as the number of aliens granted lawful permanent residence or the number approved for asylum, but not the population of legal permanent residents or the population as of asylees living in the United States at a point in time. Estimates of the LPR population have been derived primarily from Census and DHS data by estimating a base population as of a certain date and adding subsequent components of population change. Adds Rabinowitz, “A variant of this approach has been used by DHS to estimate the resident LPR population since 2002.”
Separate population estimates were developed for LPRs who entered the United States before 1980 and during the interval between 1980 and 2007. Two sets of estimates were added together to obtain the overall estimated population as of January 1, 2008.
To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.
ICE Informs Public About Human Trafficking Modern Day Victims
Stewart Rabinowitz, of the Dallas-based law firm Rabinowitz and Rabinowitz, weighs in on the recent ICE decision to educate the public about modern day victims of human trafficking.
U.S. Immigration and Customs Enforcement (ICE) has issued a media initiative to inform the public about the horrors and prevalence of human trafficking, which is modern-day slavery.
A public service announcement campaign, “Hidden in Plain Sight,” is intended to draw the American public’s attention to the plight of human-trafficking victims in the United States. Victims of human trafficking are often sexually exploited and forced to work against their will.
“Hidden in Plain Sight” was rolled out last month on posters, billboards and transit shelter signs in major metropolitan areas such as Atlanta, Boston, Dallas, Detroit, Los Angeles, Miami, Philadelphia, Newark, New Orleans, New York, St. Paul, San Antonio, San Francisco, and Tampa. Asserts Stewart Rabinowitz of the Dallas-based law firm Rabinowitz and Rabinowitz, “The goal is to raise public awareness about the existence of human trafficking in communities nationwide and ask members of the public to take action if they encounter possible victims. ICE is hoping that by going directly to the American public they can root out the criminals associated with human trafficking. “
“It would shock the majority of Americans,” states Rabinowitz, “that slavery still exists today in communities throughout our country. This heinous crime is well hidden, which means that the public has to be educated about human trafficking and encouraged to stay alert for possible victims.”
Current estimates are that 800,000 men, women and children are trafficked around the world every year. These victims are trafficked into the commercial sex trade and into forced-labor situations. Many of these victims are lured from their homes with false promises of well-paying jobs; instead, they are coerced into prostitution, domestic servitude, farm or factory labor, or other types of forced labor.
The greatest challenge in combating human trafficking is victim identification. These victims end up in a foreign country, often unable to speak the language and without anyone to advocate for them.
“Traffickers often take the victims’ travel and identity documents. They tell their victims that if they attempt to escape, their families back home will be either physically or financially harmed,” concludes Rabinowitz.
To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.