Primer on U.S. Immigration Policy
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Shortage of Skilled Workers Looms in U.S. - Los Angeles Times
Shortage of skilled workers looms in U.S. - Los Angeles Times http://articles.latimes.com/2008/apr/21/local/me-immiglabor21 California | Local You are here: LAT Home > Articles > 2008 > April > 21 > California | Local Shortage of skilled workers looms in U.S. By Teresa Watanabe April 21, 2008 With baby boomers preparing to retire as the best educated and most skilled workforce in U.S. history, a growing chorus of demographers and labor experts is raising concerns that workers in California and the nation lack the critical skills needed to replace them. In particular, experts say, the immigrant workers needed to fill many of the boomer jobs lack the English-language skills and basic educational levels to do so. Many immigrants are ill-equipped to fill California’s fastest-growing positions, including computer software engineers, registered nurses and customer service representatives, a new study by the Washington-based Migration Policy Institute found. Immigrants – legal and illegal – already constitute almost half of the workers in Los Angeles County and are expected to account for nearly all of the growth in the nation’s working-age population by 2025 because native-born Americans are having fewer children. But the study, based largely on U.S. Census data, noted that 60% of the county’s immigrant workers struggle with English and one-third lack high school diplomas. The looming mismatch in the skills employers need and those workers offer could jeopardize the future economic vitality of California and the nation, experts say. Los Angeles County, the largest immigrant metropolis with about 3.5 million foreign-born residents, is at the forefront of this demographic trend. -
Globalization, Immigration, and Education: Recent Us Trends
MASTER GABRIELLA.qxd:09_Suarez-Orozco(OK+Ale).qxd 12-12-2006 16:55 Pagina 93 Globalization and Education Pontifical Academy of Social Sciences, Extra Series 7, Vatican City 2006 www.pass.va/content/dam/scienzesociali/pdf/es7/es7-suarezorozco.pdf GLOBALIZATION, IMMIGRATION, AND EDUCATION: RECENT US TRENDS MARCELO SUÁREZ-OROZCO, CAROLA SUÁREZ-OROZCO Over the last decade globalization has intensified worldwide economic, social, and cultural transformations. Globalization is structured by three powerful, interrelated formations: 1) the post-nationalization of produc- tion, distribution, and consumption of goods and services – fueled by grow- ing levels of international trade, foreign direct investment, and capital mar- ket flows; 2) the emergence of new information, communication, and media technologies that place a premium on knowledge intensive work, and 3) unprecedented levels of world-wide migration generating significant demographic and cultural changes in most regions of the world. Globalization’s puzzle is that while many applaud it as the royal road for development (see, for example, Micklethwait & Wooldrige, 2000; Friedman, 2000, Rubin 2002) it is nevertheless generating strong currents of discon- tent. It is now obvious that in large regions of the world, globalization has been a deeply disorienting and threatening process of change (Stiglitz, 2002; Soros, 2002; Bauman, 1998). Globalization has generated the most hostili- ties where it has placed local cultural identities, including local meaning sys- tems, local religious identities, and local systems of livelihood, under siege. Argentina is a case in point. After a decade of cutting-edge free market poli- cies, the economy of the country that once was the darling of such embodi- ments of globalization as the International Monetary Fund and World Bank, imploded. -
Plaintiffs Filed a Motion for Preliminary Injunction, Or in the Alternative
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PHILIP KINSLEY, et al. Plaintiffs, Civil Action No. 1:21-cv-00962-JEB v. ANTONY J. BLINKEN, et al. PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION OR Defendants. SUMMARY JUDGMENT IN THE ALTERNATIVE AILA Doc. No. 21040834. (Posted 6/15/21) PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION OR SUMMARY JUDGMENT IN THE ALTERNATIVE Pursuant to Federal Rule of Civil Procedure 65 and Local Civil Rule 65.1, Plaintiffs respectfully move the Court for a preliminary injunction, or in the alternative, pursuant to Federal Rule of Civil Procedure 56 and Local Civil Rule 7, summary judgment to enjoin Defendants from continuing a “no visa policy” in specific consulates as a means to implement suspensions on entry to the United States under Presidential Proclamations issued under 8 U.S.C. § 1182(f), Immigration and Nationality Act (“INA” ) § 212(f). The parties conferred and submitted a joint scheduling order consistent with the procedural approach for an expedited resolution of this matter. See ECF No. 14. The filing of this motion complies with the agreed upon schedule, though undersigned counsel understands the Court has yet to grant the parties’ motion. Id. Dated: June 11, 2021 Respectfully Submitted, __/s/ Jeff Joseph_ Jeff D. Joseph Joseph & Hall P.C. 12203 East Second Avenue Aurora, CO 80011 (303) 297-9171 [email protected] D.C. Bar ID: CO0084 Greg Siskind Siskind Susser PC 1028 Oakhaven Rd. Memphis, TN 39118 [email protected] D.C. Bar ID: TN0021 Charles H. Kuck Kuck Baxter Immigration, LLC 365 Northridge Rd, Suite 300 Atlanta, GA 30350 [email protected] AILA Doc. -
The Labor Department's Green-Card Test -- Fair Process Or Bureaucratic
The Labor Department’s Green-Card Test -- Fair Process or Bureaucratic Whim? Angelo A. Paparelli, Ted J. Chiappari and Olivia M. Sanson* Governments everywhere, the United States included, are tasked with resolving disputes in peaceful, functional ways. One such controversy involves the tension between American employers seeking to tap specialized talent from abroad and U.S. workers who value their own job opportunities and working conditions and who may see foreign-born job seekers as unwelcome competition. Given these conflicting concerns, especially in the current economic climate, this article will review recent administrative agency decisions involving permanent labor certification – a labor-market testing process designed to determine if American workers are able, available and willing to fill jobs for which U.S. employers seek to sponsor foreign-born staff so that these non-citizens can receive green cards (permanent residence). The article will show that the U.S. Department of Labor (“DOL”), the agency that referees such controversies, has failed to resolve these discordant interests to anyone’s satisfaction; instead the DOL has created and oversees the labor-market test – technically known as the Program Electronic Review Management (“PERM”) labor certification process – in ways that may suggest bureaucratic whim rather than neutral agency action. The DOL’s PERM process – the usual prerequisite1 for American businesses to employ foreign nationals on a permanent (indefinite) basis – is the method prescribed by the Immigration and Nationality Act (“INA”) for negotiating this conflict of interests in the workplace. At first blush, the statutorily imposed resolution seems reasonable, requiring the DOL to certify in each case that the position offered to the foreign citizen could not be filled by a U.S. -
IMMIGRATION LAW BASICS How Does the United States Immigration System Work?
IMMIGRATION LAW BASICS How does the United States immigration system work? Multiple agencies are responsible for the execution of immigration laws. o The Immigration and Naturalization Service (“INS”) was abolished in 2003. o Department of Homeland Security . USCIS . CBP . ICE . Attorney General’s role o Department of Justice . EOIR . Attorney General’s role o Department of State . Consulates . Secretary of State’s role o Department of Labor . Employment‐related immigration Our laws, while historically pro‐immigration, have become increasingly restrictive and punitive with respect to noncitizens – even those with lawful status. ‐ Pro‐immigration history of our country o First 100 Years: 1776‐1875 ‐ Open door policy. o Act to Encourage Immigration of 1864 ‐ Made employment contracts binding in an effort to recruit foreign labor to work in factories during the Civil War. As some states sought to restrict immigration, the Supreme Court declared state laws regulating immigration unconstitutional. ‐ Some early immigration restrictions included: o Act of March 3, 1875: excluded convicts and prostitutes o Chinese Exclusion Act of 1882: excluded persons from China (repealed in 1943) o Immigration Act of 1891: Established the Bureau of Immigration. Provided for medical and general inspection, and excluded people based on contagious diseases, crimes involving moral turpitude and status as a pauper or polygamist ‐ More big changes to the laws in the early to mid 20th century: o 1903 Amendments: excluded epileptics, insane persons, professional beggars, and anarchists. o Immigration Act of 1907: excluded feeble minded persons, unaccompanied children, people with TB, mental or physical defect that might affect their ability to earn a living. -
Client Alert
September 28, 2006 Resurgens Plaza 945 East Paces Ferry Road Suite 2700 CLIENT ALERT Atlanta, Georgia 30326-1380 404.923.9000 The Department of State (“DOS”) recently published its 150 North Michigan Avenue 35th Floor instructions regarding the Diversity Lottery for 2008 (“DV-2008”). The Chicago, Illinois 60601-7553 U.S. Citizenship and Immigration Services (“USCIS”) recently announced 312.499.1400 that: (a) it is expanding the premium processing service to include three Lincoln Plaza 500 N. Akard Street additional employment-based immigrant visa categories; (b) its district Suite 2700 offices will no longer issue Interim Employment Authorization Documents Dallas, Texas 75201-3306 214.397.4300 (Form I-688B) as of October 1, 2006; and (c) any passport issued on or after Wells Fargo Plaza October 26, 2006, by a Visa Waiver Program (“VWP”) country must be an 1000 Louisiana Suite 5400 e-passport for VWP travelers to be eligible to enter the United States under Houston, Texas 77002-5013 the VWP. The U.S. Department of Labor (“USDOL”) recently 713.750.3100 implemented an online system to provide the general public with 1875 Century Park East Suite 500 information on cases pending at its Backlog Reduction Centers. Two states Los Angeles, California 90067-2506 have passed legislation addressing immigration enforcement issues. In this 310.556.8861 Special Alert, we shall address these and other recent developments in the Wachovia Financial Center 200 South Biscayne Boulevard immigration area. Suite 2100 Miami, Florida 33131 305.982.1520 1. Diversity Visa Lottery 2008 Two Gateway Center 12th Floor The DOS recently published its instructions for the 2008 Newark, New Jersey 07102-5003 973.642.1900 Diversity Lottery (“DV-2008”). -
The Law of Asylum Procedure at the Border: Statutes and Agency Implementation
The Law of Asylum Procedure at the Border: Statutes and Agency Implementation April 9, 2021 Congressional Research Service https://crsreports.congress.gov R46755 SUMMARY R46755 The Law of Asylum Procedure at the Border: April 9, 2021 Statutes and Agency Implementation Ben Harrington The Immigration and Nationality Act (INA) generally provides for the removal of non-U.S. Legislative Attorney citizens or nationals (“aliens,” under the INA) encountered at the border without valid entry documents, unless they qualify for asylum or other humanitarian protections. Two significant questions of legal procedure arise regarding these aliens (referred to here as “undocumented migrants” to distinguish them from aliens encountered in the interior of the United States). First, how should the United States determine which undocumented migrants qualify for humanitarian protections? By trial or some more rapid assessment? Second, how should undocumented migrants be treated while their claims are evaluated? Should the government detain them, release them under supervision, or—as the Trump Administration opted to do—require many of them to wait in Mexico? These questions have become more prominent as the flow of undocumented migrants seeking humanitarian protections (“asylum seekers”) has increased over the past decade. Most undocumented migrants encountered at the border are subject to expedited removal. The statutory framework for expedited removal outlines the following answers to these procedural questions: 1. Screening. Protection claims by undocumented migrants at the border should be screened for a level of potential merit called “credible fear,” and rejected if they lack such potential merit, before being referred to trial-type immigration court proceedings before the Executive Office for Immigration Review within the Department of Justice. -
The Immigration Paradox: Poverty, Distributive Justice, and Liberal Egalitarianism
DePaul Law Review Volume 52 Issue 3 Spring 2003: Symposium - Beyond Belonging: Challenging the Boundaries of Article 2 Nationality The Immigration Paradox: Poverty, Distributive Justice, and Liberal Egalitarianism Howard F. Chang Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Howard F. Chang, The Immigration Paradox: Poverty, Distributive Justice, and Liberal Egalitarianism, 52 DePaul L. Rev. 759 (2003) Available at: https://via.library.depaul.edu/law-review/vol52/iss3/2 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. THE IMMIGRATION PARADOX: POVERTY, DISTRIBUTIVE JUSTICE, AND LIBERAL EGALITARIANISM Howard F. Chang* INTRODUCTION According to the 2000 Census, the foreign-born population in the United States reached 31.1 million, representing 11.1% of the total U.S. population.' This percentage is the highest that the United States has experienced since 1930, when 11.6% of the total U.S. popu- lation was foreign born.2 In 1970, the foreign-born population was only 9.6 million, or only 4.7% of the total population.3 The rapid ex- pansion of the foreign-born population in the intervening three de- 4 cades reflects high levels of immigration into the United States, which in turn reflects the liberalization of U.S. immigration laws since 1965. 5 Some observers have reacted to these data with alarm, noting that the sheer number of immigrants now residing in the United States is "by far the most ever recorded.' ' 6 The restrictionist Center for Im- migration Studies (CIS), for example, notes that the foreign-born pop- ulation grew by 11.3 million between 1990 and 2000, and that "[t]he foreign-born population's growth rate in every decade since 1970 has 7 been higher than at any other time in history." The absolute number of immigrants, however, is far less important than their share of the total U.S. -
Instructions for the 2021 Diversity Immigrant Visa Program (Dv-2021)
UNCLASSIFIED INSTRUCTIONS FOR THE 2021 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2021) Program Overview The Department of State annually administers the statutorily-mandated Diversity Immigrant Visa Program. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants” from countries with historically low rates of immigration to the United States. For Fiscal Year 2021, 55,000 Diversity Visas (DVs) will be available. There is no cost to register for the DV program. Applicants who are selected in the program (selectees) must meet simple but strict eligibility requirements to qualify for a diversity visa. The Department of State determines selectees through a randomized computer drawing. The Department of State distributes diversity visas among six geographic regions, and no single country may receive more than seven percent of the available DVs in any one year. For DV-2021, natives of the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. Eligibility Requirement #1: Individuals born in countries whose natives qualify may be eligible to enter. If you were not born in an eligible country, there are two other ways you might be able to qualify. Was your spouse born in a country whose natives are eligible? If yes, you can claim your spouse’s country of birth – provided that both you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States simultaneously. -
Compatibility of the 1954 Convention Relating to the Status of Stateless Persons with Canada’S Legal Framework and Its International Human Rights Obligations
ENDING STATELESSNESS STATELESSNESS ENDING Relating To e Status COMPATIBILITY Of Stateless Persons With Canada’s Legal OF THE Framework And Its International Human 1954 CONVENTION Rights Obligations A SPECIAL REPORT Ending STATELESSNESS W Y #IBELONG © United Nations High Commissioner for Refugees, 2015 Researched And Written For UNHCR By Gregg Erauw ------------------------------------------------------------------------------------------------------------ COMPATIBILITY OF THE 1954 CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS WITH CANADA’S LEGAL FRAMEWORK AND ITS INTERNATIONAL HUMAN RIGHTS OBLIGATIONS ------------------------------------------------------------------------------------------------------------ RESEARCHED AND WRITTEN FOR UNHCR BY GREGG ERAUW © United Nations High Commissioner for Refugees, 2015 The views expressed in this report are those of the author and do not necessarily reflect those of the United Nations or UNHCR. COMPATIBILITY OF THE 1954 CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS WITH CANADA’S LEGAL FRAMEWORK AND ITS INTERNATIONAL HUMAN RIGHTS OBLIGATIONS EXECUTIVE SUMMARY .................................................................................................................... 1 INTRODUCTION .................................................................................................................................. 3 Background to the Report .................................................................................................................... 3 The Purpose of the -
New York State DREAM Act Application
Step-by-Step User Guide to completing the New York State DREAM Act Application This user guide breaks down the New York State DREAM Act eligibility application and clarifies why certain questions are asked, how to answer each question accurately, and what documentation must be provided to verify your eligibility. Table of Contents Overview of Applications ........................................................................................................................... 3 The New York State DREAM Act Eligibility Requirements .............................................................. 3 NYS DREAM Act Application ................................................................................................................... 5 Student High School Education Details .............................................................................................. 5 High School Status ............................................................................................................................. 5 High School Completion .................................................................................................................... 7 Student Citizenship and Immigration Status ...................................................................................... 8 Social Security Number (SSN) or Taxpayer Identification Number (TIN): .............................. 10 Student Information .............................................................................................................................. 10 Student -
Visa Waiver Program
Visa Waiver Program Alison Siskin Specialist in Immigration Policy February 12, 2014 Congressional Research Service 7-5700 www.crs.gov RL32221 Visa Waiver Program Summary The visa waiver program (VWP) allows nationals from certain countries to enter the United States as temporary visitors (nonimmigrants) for business or pleasure without first obtaining a visa from a U.S. consulate abroad. Temporary visitors for business or pleasure from non-VWP countries must obtain a visa from Department of State (DOS) officers at a consular post abroad before coming to the United States. Concerns have been raised about the ability of terrorists to enter the United States under the VWP, because the VWP bypasses the first step by which foreign visitors are screened for admissibility to enter the United States. Nonetheless, there is interest in the VWP as a mechanism to promote tourism and commerce. In addition to increasing tourism, the inclusion of countries in the VWP may help foster positive relations between the United States and those countries, facilitate information sharing, and ease consular office workloads abroad. As of January 2014, 37 countries participate in the VWP. In FY2012, there were 19.1 million visitors who entered the United States under this program, constituting 40% of all overseas visitors. To qualify for the VWP, statute specifies that a country must offer reciprocal privileges to U.S. citizens; have had a nonimmigrant refusal rate of less than 3% for the previous year; issue their nationals machine-readable passports that incorporate biometric identifiers; certify that it is developing a program to issue tamper-resident, machine- readable visa documents that incorporate biometric identifiers which are verifiable at the country’s port of entry; and not compromise the law enforcement or security interests of the United States by its inclusion in the program.