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ICE Releases 5-Year Strategic Plan Including High Priority to Workplace Compliance

Saturday, July 24th, 2010

Between fiscal years 2010 and 2014, ICE will prioritize its efforts on the first three homeland security missions identified in the 2010 Quadrennial Homeland Security Report.

Between fiscal years (FY) 2010 and 2014, ICE will prioritize its efforts on the first three homeland security missions identified in the 2010 Quadrennial Homeland Security Report: (1) preventing terrorism and enhancing security; (2) securing and managing our borders; and (3) enforcing and administering our immigration laws.

These priorities, along with ICE’s goals, objectives, and strategies, leave room for adjustment during the next five fiscal years. These goals will guide enforcement initiatives, budget requests, budget execution, resource allocations, and policy decisions.

1. Prevent Terrorism and Enhance Security

ICE seeks to prevent terrorist attacks against the United States and to dismantle threats to homeland security before they materialize. This includes preventing the entry of people and materials that pose a threat to national security; investigating and removing suspected terrorists or their supporters; and preventing the export of weapons and sensitive technologies that could be used to harm the United States, its people, and its allies. Objectives under this heading include: (1.1) prevent terrorist entry into the United States; (1.2) remove individuals posing a security threat; (1.3) support direct investigation of terrorists, and (1.4) protect the United States and its allies through counter-proliferation investigations.

2. Protect the Borders Against Illicit Trade, Travel, and Finance

Transnational criminal and terrorist organizations attempt to exploit lawful movements and transportation systems and to create alternative, illicit pathways through which people and illegal goods – narcotics, funds and weaponry – can cross the border. ICE plays a critical role in the Department’s layered approach to border security. As DHS’s largest investigative agency, ICE responds to investigate criminal activity if U.S. Customs and Border Protection (CBP) interdicts contraband at the border.

3. Protect the Borders Through Smart and Tough Interior Immigration Enforcement

Protecting and securing the borders involves action overseas, at the border and ports of entry, and inside the United States. ICE will engage in effective enforcement at the border and ports of entry by supporting the apprehension, detention, and removal of newly arriving aliens seeking to enter illegally. Within the United States, ICE will pursue an enhanced worksite enforcement program to reduce the incentive for aliens to come to, enter, and remain unlawfully. Towards this end, ICE will make increasing use of employer I-9 audits, fines and criminal indictments where warranted.

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

Tags: Dallas immigration, Dallas Immigration attorney, Dallas Immigration lawyer
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U. S. Embassy and Consulates Ease Visa Appointments in China

Wednesday, July 14th, 2010

U.S. embassies and consulates liberalize interview appointment policy.

Effective immediately, non-immigrant visa applicants may book interview appointments at any U.S. Consular Section in China, regardless of the province or city where they live. Consular Sections are located at the U.S. Embassy in Beijing and U.S. Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang.

In 2009, almost half-a-million people received non-immigrant visas in China, more than ever before. The United States government is committed to increasing mutual understanding between the United States and China through people-to-people exchange. The U.S. Department of State is hoping that the elimination of restrictions on where visa applicants can make their applications will promote this exchange by making the application process more convenient.

With the boom of non-immigrant visa applications in U.S. embassies and consulates all over the world, the U.S. Department of State is adopting and transitioning office-by-office to its new online Nonimmigrant Visa Electronic Application recently introduced worldwide. The online application is intended to efficiently collect application information from nonimmigrant visa applicants and to facilitate the visa application process.

Formerly, prior to the streamlining of interview appointment policy which has occurred, appointments for non-immigrant visas had to be made at least 45 days in advance of travel. Even after a visa interview was completed, if special processing/checking, or additional information was required, a background check became a necessary prerequisite, and issuance of nonimmigrant visas were typically delayed.

Tags: Dallas immigration, Dallas Immigration attorney, Dallas Immigration lawyer
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DHS Uses Video Surveillance at the Northern Border

Monday, June 14th, 2010

Surveillance systems deployed to northern border provide situational awareness.

U.S. Customs and Border Protection recently announced the use of the

Remote Video Surveillance System (RVSS) in the Detroit Border Patrol Sector as part of the Secure Border Initiative’s Northern Border Project. The Northern Border Project is part of CBP’s program to use technology as part of its efforts to secure the northern border against illegal border crossers. The project also deployed the surveillance system in the Buffalo Border Patrol Sector in February 2010.

“The Northern Border Project technology deployment provides immediate capability to help Border Patrol agents expand their ability to detect, identify, classify, respond to and resolve illegal cross border activity,” said Secure Border Initiative Executive Director Mark Borkowski. “At the same time, this deployment will provide lessons learned that will enable CBP to design better-tailored, longer-term technology options for the northern border.”

Each RVSS system has a total of four cameras – two day and two night cameras for round-the-clock operations. The Detroit sector deployment has 11 RVSS sites along the St. Clair River, ten of which are completed and operational with the eleventh scheduled for completion by year’s end. The Buffalo sector deployment has 5 RVSS sites along the upper Niagara River all of which are completed and operational.

The use of technology along the northern border is part of a larger border security strategy to assist CBP officers and agents. SBInet is the portion of SBI charged with developing and installing technology solutions to help gain effective control of our borders. The goal is the right mix of technology and personnel for each border sector based on the operational needs of Border Patrol agents.

CBP chose the Detroit and Buffalo sectors for this latest RVSS deployment based on the needs of the Border Patrol and the unique operational area, which consists of coastal maritime, river, urban and rural environments.

Tags: Dallas immigration, Dallas Immigration attorney, Dallas Immigration lawyer
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DHS Enhances Air Traveler Security

On June 7, 2010, Secretary Napolitano announced a major aviation security milestone.

Department of Homeland Security (DHS) Secretary Janet Napolitano recently announced that all passengers traveling in the United States and its territories are now being checked against terrorist watchlists through the Transportation Security Administration’s (TSA) Secure Flight program—a major step in fulfilling a key 9/11 Commission recommendation.

Before Secure Flight, each airline conducted its own passenger watchlist screening.

“Secure Flight fulfills a key recommendation of the 9/11 Commission Report, enabling TSA to screen passengers directly against government watchlists using passenger name, date of birth, and gender before a boarding pass is issued,” said Secretary Napolitano. “This program is one of our many layers of security—coordinated with our partners in the airline industry and governments around the world—that we leverage to protect the traveling public against threats of terrorism.”

Under the DHS program, TSA checks each passenger’s name, date of birth and gender against government watchlists for domestic and international flights. In addition to facilitating secure travel for all passengers, the program is designed to prevent the misidentification of passengers who have names similar to individuals on government watchlists. Misidentification has led to a significant number of such cases, a few of them well-publicized.

“We are quite pleased to see the positive outcome from the collaborative work that ATA, its member airlines and TSA have invested in the development of the Secure Flight program,” said Air Transport Association (ATA) President and CEO James C. May. “We are especially pleased that TSA phased program implementation to ensure that commercial airline travelers experience a seamless transition.”

Ninety-nine percent of passengers clear Secure Flight enabling them to print boarding passes at home by providing their date of birth, gender and name as it appears on the government ID they plan to use when traveling at the time of booking their airline tickets. Persons who match watchlist parameters are subject to secondary screening, a law enforcement interview or prohibition from boarding an aircraft, as the facts merit.

The TSA began implementing Secure Flight in late 2009 and expects all international carriers with direct flights to the U.S. to begin using Secure Flight by the end of 2010.

H-1B Petition Filings for Fiscal Year 2011 Continue

USCIS continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher education exemption.

U.S. Citizenship and Immigration Services (USCIS) has announced that it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

As of April 14, 2010, USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

USCIS will provide regular updates on the processing of the FY 2011 H-1B petitions. These updates and filing information can be found at the USCIS Web site. Should USCIS receive the necessary number of petitions to meet the cap, it will issue an update advising the public that the FY 2011 H-1B cap has been met as of a certain date (the “final receipt date”). The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition has been postmarked. The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.
To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

For cases filed for premium processing during the initial five-day filing window of April 1-7, the 15-day premium processing period began April 7th. For cases filed for premium processing after the filing window, the premium processing period begins on the date that the petition is physically received at the correct USCIS Service Center.
Petitions filed by employers who are exempt from the cap or petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years will not count toward the congressionally mandated H-1B cap.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in fields, such as scientists, engineers, or computer programmers.

USCIS to issue new permanent resident cards that are actually green

U.S. Citizenship and Immigration Services (USCIS) announced recently that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card is designed to prevent counterfeiting, obstruct tampering, and facilitate quick and accurate authentication. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format.

Despite the name, Permanent Resident Cards, once called Alien Registration Receipt Cards, have not been green in more than 30 years.

“Redesigning the Green Card is a major achievement for USCIS,” said Director Alejandro Mayorkas.
“The new security technology makes a critical contribution to the integrity of the immigration system.”

The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as proof of authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.

In more detail, new features of the new redesigned cards will include a shift in ink color from gold to green; an embedded radio frequency identification device; tactile laser personalization, an infogram (the holographic image); the before mentioned laser engraved fingerprint, and a unique background design. Other aspects of the new cards will be a featured micro-image, with high resolution pictures of state flags. Optical media will store all digital files, including biometrics, and finally, the cards will incorporate a micro-image, high resolution picture of the current U.S. president.

In keeping with the Permanent Resident Card’s nickname, it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as individuals apply for renewal or replacement.

ICE releases guidance in investigating U.S. citizenship claims

A recently released memorandum dated November 19, 2009 superseded a prior memorandum issued on November 6, 2008 that provided guidance in investigating claims of U.S. citizenship. The more recent guidance was intended to ensure that claims to U.S. citizenship receive immediate and careful investigation and analysis.

While performing their duties, U.S. Immigration and Customs Enforcement (ICE) agents may encounter aliens who are not certain of their status or claim to be United States citizens (USC). As the Immigration and Nationality Act (INA) provides numerous avenues for a person to derive or acquire U.S. citizenship, ICE agents are directed to handle these matters with the utmost care and highest priority. While some cases may be easily resolved, because of the complexity of citizenship and nationality law, many may require additional investigation and substantial legal analysis. As a matter of law, ICE cannot assert its civil immigration enforcement authority to arrest and or detain a USC. Consequently, investigations into an individual’s claim to U.S. citizenship should be prioritized and Office of Investigations (OI) and Detention and Removal Operations (DRO) personnel must consult with the Office of the Principal Legal Advisors (OPLA)’s local Office of the Chief Counsel (OCC).

When ICE agents encounter an individual who they suspect is without lawful status but claims to be a USC, the situation will fall into one of three categories:

1) evidence indicates the person is a USC; 2) some evidence indicates that the individual may be a USC but is inconclusive; and 3) no probative evidence indicates the individual is a USC.

If evidence indicates the individual is a USC, ICE should neither arrest nor place the individual in removal proceedings. Where there is some probative evidence that the individual is a USC, ICE agents should consult with their local OCC as soon as practicable. After evaluating the claim, if the evidence of U.S. citizenship outweighs evidence to the contrary, the individual should not be taken into custody.
The person may, however, still be placed in removal proceedings if there is reason to believe the individual is in the United States in violation of law. Finally, where no probative evidence of U.S. citizenship exists and there is reason to believe the individual is in the United States in violation of law, the individual may be arrested and processed for removal. In all cases, any uncertainty about whether the evidence is probative of U.S. citizenship should weigh against detention.

If an individual already in custody claims to be a USC, an ICE agent is directed to immediately examine the merits of the claim and notify and consult with his or her local OCC. If the individual is unrepresented, an officer must immediately provide the individual with the local Executive Office for Immigration Review (EOIR) list of pro bono legal service providers.

USDOJ’s Office of Special Counsel Offers Tips to Employers to Avoid Discrimination in Hiring

The United States Department of Justice Office of Special Counsel within the agency’s Civil Rights Division offers tips to employers to avoid immigration-related unfair employment practices.

The Office of Special Counsel (OSC) for Immigration-related Unfair Employment Practices enforces the laws that prohibit discriminatory practices in the recruitment, hiring, employment eligibility verification (“Form I-9”) process or dismissal of persons authorized to work in the United States. To avoid such discriminatory practices, the office offers ten tips.

1. Treat all people the same when announcing a job, taking applications, interviewing, offering a job, verifying eligibility to work, hiring, and firing.
2. Examine and accept original documents that reasonably appear genuine and relate to the employee.
3. Do not demand different or additional documents as long as the documents presented prove identity and work authorization, are listed on the back of Form I-9, and appear genuine.
4. So long as the job applicants are authorized to work in the United States, avoid requiring job applicants to have a particular citizenship status, such as U.S. citizenship or permanent residence, unless mandated by law or federal contract.
5. Give out the same job information over the telephone to all callers, and use the same application form for all applicants.
6. Base all decisions about firing on job performance and/or behavior, not on the appearance, accent, name, or citizenship status of your employees.
7. Complete the I-9 form and keep it on file for at least three years from the date of employment or for one year after the employee leaves the job, whichever is later.
8. On the I-9 form, verify that you have seen documents establishing identity and work authorization for all your new employees – U.S. citizens and non-citizens alike – hired after November 6, 1986.
9. If reverification of employment eligibility becomes necessary, accept any valid documents your employee chooses to present – whether or not they are the same documents the employee provided initially.
10. Be aware that U.S. citizenship, or nationality, belongs not only to persons born within the fifty states, but may belong to persons born to a U.S. citizen outside the United States. Persons born in Puerto Rico, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, or Swains Island also are U.S. Citizens or nationals. Finally, an immigrant may become a U.S. citizen by completing the naturalization process.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C., a Dallas based Immigration Law Firm (http: //www. rabinowitzrabinowitz.com). He is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.

DHS Adds Greece to the Visa Waiver Program

Department of Homeland Security (DHS) Secretary Janet Napolitano has announced the designation of Greece as a member of the Visa Waiver Program – strengthening passenger information sharing and ensuring strict security standards while streamlining travel for Greek citizens within the United States.

On March 9, 2010, DHS Secretary Janet Napolitano announced the designation of Greece as a member of the Visa Waiver Program (VWP)—strengthening passenger information sharing and ensuring strict security standards while streamlining travel for Greek citizens visiting the United States. “Our efforts to guard against terrorism while enhancing legal travel and trade depend upon close collaboration with our international partners,” said Secretary Napolitano, “I commend our partners in Greece for committing to strong screening and security standards and enhanced information sharing for travel by Greek citizens to the United States as we work together to protect our citizens and strengthen our economies.”
Greece’s VWP designation represents a major step forward in the continued and long-standing economic and security partnership between the United States and Greece – reflecting more than two years of coordination between the two countries on Greece’s entry into VWP.

In accordance with this process, DHS determined that Greece complies with key security and information-sharing requirements – such as enhanced law enforcement and security-related data sharing with the United States; timely reporting of lost and stolen passports; and the maintenance of high counterterrorism, law enforcement, border control, aviation and document security standards. Greek citizens will now be permitted to travel to the United States for up to 90 days without obtaining a visa.

Prior to Greece’s entry into VWP, 35 nations had already been participating in VWP – established as a pilot program in 1986 to help eliminate unnecessary barriers to travel and made permanent on October 30, 2000. Like VWP travelers from other countries, Greek citizens will be required to apply for an Electronic System Travel Authorization (ESTA) through the Web-based system. Greek citizens will be permitted to visit the United States without visas in approximately 30 days.

Secretary Napolitano’s announcement is part of DHS’s ongoing effort to bolster the international aviation security system – including recent joint declarations to strengthen the international civil aviation system between the United States and Argentina, Brazil, Canada, Chile, the Dominican Republic, Mexico, and Panama on February 17, 2010, and between the United States and the European Union on January 21, 2010.

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.

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Archive for the ‘Articles’ Category

ICE Releases 5-Year Strategic Plan Including High Priority to Workplace Compliance

U. S. Embassy and Consulates Ease Visa Appointments in China

DHS Uses Video Surveillance at the Northern Border

DHS Enhances Air Traveler Security

H-1B Petition Filings for Fiscal Year 2011 Continue

USCIS to issue new permanent resident cards that are actually green

ICE releases guidance in investigating U.S. citizenship claims

USDOJ’s Office of Special Counsel Offers Tips to Employers to Avoid Discrimination in Hiring

DHS Adds Greece to the Visa Waiver Program

ICE Expands Efforts to Locate Criminal Aliens in Additional California Counties