U.S. Immigration Law & the U.S. Border

Monday, January 23, 2012

“Anchor” Babies— Myth or Reality?

Among the new entries in the recently released fifth edition of the New American Heritage Dictionary is the term "anchor baby."

Their definition reads:

"anchor baby n. A child born to a noncitizen mother in a country that grants automatic citizenship to children born on its soil, especially such a child born to parents seeking to secure eventual citizenship for themselves and often other members of their family."

Among the critics of the dictionary's definition is Mary Giovagnoli, Director of the Immigration Policy Center. Writing for immigrationimpact.com, Ms. Giovagnoli says the definition of the term is "disturbing," and that although the use of the term has "skyrocketed," the usage appears to be driven by anti-immigrant sentiment.

Indeed, anti-immigrant sentiment seems to have become ubiquitous in some political circles and in certain media.

"In an era where politicians and pundits have no qualms about being imprecise, dictionary editors need to be—even if that means calling a term 'highly charged,' 'political,' or 'down right nasty,'" writes Ms. Giovagnoli.

On December 3, Ms. Giovagnoli published an update, "American Heritage Dictionary Responds to 'Anchor Baby' Definition Criticism" in which she said that the executive editor of the New American Heritage Dictionary has agreed to revise their definition to reflect the derogatory nature of the term.

The dictionary's revisions notwithstanding, U.S. immigration law requires the sponsor of an immigrant (in this case the child would be the sponsor of the parent) to be a U.S. citizen 21 years of age or older. Put another way, the undocumented parent of a U.S. citizen baby must wait 21 years for their child to reach the age at which the child can sponsor their parent for permanent resident status (a green card).

A number of other factors may also play into the differential. For example, was the undocumented parent legally admitted to the U.S. or did they enter the U.S. without inspection? And once the parent is approved for a green card, they must wait another 5 years before being eligible to naturalize, i.e. achieve U.S. citizenship.

Hence, in addition to being pejorative, the term "anchor baby" as defined by the New American Heritage Dictionary is misleading at best, and in reality, false.

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Blog about U.S. Immigration Law, Enforcement, Policy, and the U.S. Border written by lawyers from the multi-national immigration law firm Millar & Smith. Our U.S. Immigration Attorneys serve clients from offices in Seattle, New York, Burnaby, Vancouver, Bellingham and Blaine.

Preparation and filing of forms and official documents is complex. The experienced U.S. immigration lawyers at the immigration law firm of Millar & Smith, PLLC can answer questions and provide expert advice and recommend strategies and provide full service representation. Services include all investor case E-1, E-2, EB-5, L-1A, L-1B, H-1, O-1, P-1, P-2, J-1, K-1, K-3, I-130, I-129F, Naturalization, Citizenship, U.S. Passports, Waiver cases, Criminal Issues, Deportation, Removal Proceedings, and all types of Green Cards.

Duncan Millar
Millar & Smith, PLLC Immigration Attorneys
Bellingham | Seattle | Vancouver | New York
www.usborderlaw.com
duncanm@usborderlaw.com
Direct: 604.634.3772
Main: 604.634.3769
USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law
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New Startup Will Attempt to Bypass Hurdles of U.S. Immigration System

Speaking on Immigration and American Competitiveness at a U.S. Chamber of Commerce Meeting on September 28, Mayor Bloomberg voiced his opinion that we should dramatically expand the numbers of green cards available for the highest-skilled workers we need to join the U.S. economy permanently.

"These high-skill workers," he said, "will not only help create thousands of jobs, they'll also give us knowledge of foreign markets that will help U.S. businesses increase their exports."

But companies such as Intel, Microsoft, and many others have been unable to persuade Congress to take action.

Recently, Intel, unable to import several dozen engineers from Finland because the H-1B annual visa quota had been hit, created a new R&D facility in Helsinki and will employ the workforce overseas.

In 2007 Microsoft created a new facility for up to 5,000 workers in nearby Vancouver, Canada. Those thousands of jobs will now go to Canadians.

Many U.S. firms, trying to find enough workers with STEM degrees — science, technology, education, and math — are forced to import labor and brain power through the H-1B visa, a program that allows 65,000 highly-trained foreign nationals to immigrate to the United States annually, and work, in some cases for as long a six years. But U.S. companies find that the annual H-1B visa quota — 65,000 — is restricting their efforts to hire the people they need.

Enter a startup called Blueseed.

According to founder Max Marty, Blueseed is seeking to bypass the political process by purchasing a fancy cruise ship, anchoring it in international waters off the coast of California, and operating a floating hotel with space for up to 1,000 employees and entrepreneurs serving nearby high-tech companies.

Part of the Blueseed business model is that the ship's residents will be able to make regular trips to the mainland to meet with clients, investors, and business partners, and Blueseed will provide a regular ferry service between the ship and the United States. Blueseed residents, however, would need to do their actual work, such as designing software, on the ship.

Another key element of the Blueseed business model is the assumption that the offshore workers will be able to obtain B-1 visas.

A person may be eligible for a B-1 visa if they will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

consulting with business associates;
traveling for a scientific, educational, professional or business convention, or a conference on specific dates;
settling an estate;
negotiating a contract;
participating in short-term training;
transiting through the United States: certain persons may transit the United States with a B-1 visa;
deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa.

In order to be eligible for a B-1 visa, a person must demonstrate the following:

the purpose of their trip is to enter the United States for business of a legitimate nature;
they plan to remain for a specific limited period of time;
they have the funds to cover the expenses of the trip and their stay in the United States;
they have a residence outside the United States in which they have no intention of abandoning, as well as other binding ties which will ensure their return abroad at the end of their visit;
they are otherwise admissible to the United States.

And one other thing the new startup will need — paying customers. Company founder Max Marty says Blueseed will charge rent, but also take a small equity stake in each startup that comes on board. He aims to cultivate a network of investors to help identify promising entrepreneurs, and says Blueseed will also accept applications directly from would-be startups.

Perhaps one benefit to U.S. business in general is that Blueseed will generate a new conversation about America's flawed immigration system, raising the ante for Congress to enact meaningful and useful reform. Mayor Bloomberg, for one, would probably like that.

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Mayor Bloomberg Tamps Down NYC’s Cooperation With ICE

New Bill Limits City's Cooperation with Immigration Officials at Rikers Island

On Tuesday, November 22, Mayor Michael Bloomberg signed a new bill into law that will prevent the Department of Corrections (DOC) from releasing immigrants to Immigration and Customs Enforcement agents if the immigrants have no criminal convictions, are not known gang members, or are not on the U.S. terror watch list.

Under an initiative known as the Criminal Alien Program, information about prisoners being held at Rikers Island is shared with Immigration and Customs Enforcement (ICE) agents. Agents from ICE who are stationed at Rikers can interview foreign-born inmates and decide whether they want to place the inmate on an immigration hold or detainer. If a detainer is lodged against an inmate, the DOC will hold that person at Rikers for 48 hours after their case is closed. This extra detention is intended to give ICE agents an opportunity to assume custody of the individual.

"Under the new legislation, if an inmate gets an ICE detainer but has no record of criminal history or pending cases, and no other record of being a threat to the community, the Department of Correction will not honor the detainer," said Sharman Stein, Deputy Commissioner for Public Information at the DOC.

"We are sending a strong and unified message that this city will no longer allow innocent immigrants who pose no threat to be unfairly detained and deported due to an antiquated immigration system," said City Council Speaker Christine Quinn, also adding that it was an historic day for the city and immigrant communities in New York.

ICE counters that The Criminal Alien Program, enables them to identify an illegal alien with a criminal record and prevent them from being released into the general public and potentially committing other crimes. Immigration advocates and some politicians, however, have argued the city works too closely with ICE and that many individuals with no prior criminal record end up being deported.

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Saturday, December 31, 2011

Student Visas — General Overview and Basic Steps

Once you have been accepted as a student at a U.S. academic institution, you must obtain a visa before beginning your journey. Advance planning is important; be sure to get started on your preparations months before you want to begin your journey. Note: Workshops on how to complete the visa application process are offered in many countries by the U.S. State Department’s Bureau of Educational and Cultural Affairs.

After your acceptance to a college or university, and before you begin applying for a visa, your new school needs to send you the proper documentation that enrolls you in the Student and Exchange Visitor Information System (SEVIS). SEVIS is a Web-based information system that keeps track of foreign students and other exchange program participants, and allows information sharing among the various institutions and government agencies that students and exchange visitors are involved with during their journey to the United States and their stay in the country.

You must pay a fee to be enrolled in SEVIS, and you will need to retain your proof of payment for presentation during your visa interview at the U.S. embassy. The fee varies according to the type of study or exchange program you are participating in and the type of visa you are applying for. The SEVIS fee for most students is $200.

Next, make an appointment for a visa interview by contacting the nearest U.S. Embassy or Consulate.

Visa processing procedures can vary, depending on the U.S. Embassy or Consulate, but all student visa

and exchange visitor visa applicants are given priority.

When you get an interview, you must assemble all the required documentation. This includes the payment receipt of the SEVIS fee, the visa-qualifying document supplied by your academic institution, financial support documents, the visa application processing fee and a properly completed visa application form. Also review the information provided on the embassy or consulate Web sites.

In applying for a visa, you need to be aware that the visa alone does not guarantee entry to the United States. With a visa, a foreign citizen is allowed to travel to a U.S. port of entry. Upon arrival there, a U.S. Customs and Border Protection inspector makes the decision about the individual’s admission into the country.

Types of Visas for Students and Exchange Visitors

F-1, or Student Visa: The visa for people who want to study at an accredited U.S. college or university, or to study English at a university or language institute.

J-1, or Exchange Visitor Visa: The visa issued to people who will be participating in an educational or cultural exchange program.

M-1, or Student Visa: The visa for those enrolled in nonacademic or vocational programs.

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Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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Student Visas — Misconceptions and Realities

Myth 1: The United States sets a quota on visas to limit the number of foreign students entering the country.

Reality: There is no limit to the number of student visas issued by U.S. embassies and consulates around the world. If you are a qualified student visa applicant who has gained admission to a U.S. institution, the State Department wants you to pursue that opportunity.

Myth 2: I can improve my chances of getting a visa if I hire an education agent.

Reality: Don’t believe anyone who tells you they can help you get a visa. Do not pay money or enter into an agreement with such a person. Self-proclaimed visa “fixers” have no special access to the U.S. government.

Myth 3: A visa applicant needs to document a minimum income level.

Reality: A student visa applicant should be able to provide financial evidence that shows you, your parents, or your sponsor have sufficient funds to cover your tuition and living expenses during the period of your intended study.

Myth 4: Only the academic superstars get visas.

Reality: Visas are not reserved for the very best students, but getting a visa depends on first having gained acceptance to a college or university in the United States. When you have been academically admitted to the institution or accepted as a participant in an exchange program, the academic institution will provide you with the appropriate form required by SEVIS. You will be required to submit this form when you apply for a visa. You will need to demonstrate to the consular officer who conducts your interview that you are a serious student who is well-informed about the admitting institution. You also need to show that you have a well-developed plan of study and are knowledgeable about the subject you are studying.

Myth 5: During your visa interview, the consular officer will be waiting to hear the “right” answers.

Reality: The consular officer will want to hear your own answers and an honest description of your personal circumstances.

Myth 6: You’ll get a visa only if you are proficient in English.

Reality: If you are planning to study English in the United States, you do not need to show proficiency in the language. Command of the English language is one factor that consular officers will use in evaluating the overall competence of a student applying for a visa. Sufficient English proficiency, however, is a pre-requisite for J1 exchange visitor visa applicants.

Myth 7: You’ll get a visa only if you have relatives in the United States.

Reality: This is not true. The interviewing consular officer may ask about relatives in the United States during the visa interview, just as he or she may ask about your family situation in your home country.

Myth 8: International students are not permitted to work while visiting the United States on a student visa.

Reality: Some job opportunities are possible, especially in on-campus work-study programs with limited hours.

Myth 9: You must have your entire future planned out to get a visa.

Reality: You need to be able to discuss a realistic study plan, but not a detailed plan for your entire career.

Myth 10: You must return to your home country immediately upon completion of your degree.

Reality: You may apply for Optional Practical Training to work for up to one year in your field in the United States to gain practical experience.

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Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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Student Visas — Applicants (for F-1 and M-1 visas) — Overview

For student related information, visit the EducationUSA website created by the Department of State, Bureau of Educational and Cultural Affairs, to learn about educational opportunities for undergraduate and graduate study, opportunities for scholars, financial aid, testing, admissions, and much more. For a brief overview, visit the America.gov article Basics on U.S. Visas.

The first step for a prospective nonimmigrant student is being accepted for enrollment in an established school which is SEVP certified. In general, for academic students attending a university, college, high school, private elementary school, seminary, conservatory or other academic institutions, including a language training program, an F visa is the appropriate category. For students attending vocational or other recognized nonacademic institutions, other than a language training program, an M visa is generally the appropriate category.

If you are going to the U.S. primarily for tourism, but want to take a short course of study that is recreational, and the course is less than 18 hours per week, you may be able to do so on a visitor (B) visa. If your course of study is 18 hours or more a week, you will need a student visa. When traveling to the U.S. to attend seminars, conferences or a program of study for academic credit then you will need a student visa.

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Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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Student Visas — When Do I Need to Apply?

Students are encouraged to apply for their visa early to provide ample time for visa processing. Students may apply for their visa as soon as they are prepared to do so.

Students should note that Embassies and Consulates are able to issue your student visa 120 days or less, in advance of the course of study registration date. If you apply for your visa more than 120 days prior to your start date or registration date as provided on the Form I-20, the Embassy or Consulate will hold your application until it is able to issue the visa. Consular officials will use that extra time for application processing.

Students are advised of the Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20. Please consider this date carefully when making travel plans to the U.S.

A beginning student who wants an earlier entry into the U.S. (more than 30 days prior to the course start date), must qualify for, and obtain a visitor visa. A prospective student notation will be shown on his/her visitor visa and the traveler will need to make the intent to study clear to the U.S. immigration inspector at port of entry. Before beginning any studies, he or she must obtain approval for a change to Exchange Visitor status, filing Form I-539, Application for Change of Nonimmigrant Status and pay the fee. Also you must submit the required Form I-20 to the Department of Homeland Security office where the application is made. Please be aware that one cannot begin studies until the change of classification is approved.

Continuing students may apply for a new visa at any time, as long as they have been maintaining student status and their SEVIS records are current. Continuing students may also enter the U.S. at any time before their classes start.

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Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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Student Visas — What Is SEVIS and SEVP?

The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security (DHS) and Department of State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet, to the DHS and Department of State (DOS) throughout a student or exchange visitor's stay in the United States. Select SEVIS to go to the DHS, U.S. Immigration and Customs Enforcement Internet site and learn more.

All student applicants must have a SEVIS generated I-20 issued by an educational institution approved by DHS, which they submit when they are applying for their student visa. Your school is responsible for entering your information for the I-20 student visa form into SEVIS. The consular officer will need to verify your I-20 record electronically through the SEVIS system in order to process your student visa application. Unless otherwise exempt, all F-1 or M-1 principal applicants must pay a SEVIS I-901 fee to the DHS for each individual program. See the SEVP Fact Sheet for a fee list. See SEVIS-901 Fee for further information on how to pay the fee.

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Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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312 Student Visas — Applying for a Student Visa

As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or

Consulate worldwide is available on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the Embassy or Consulate website where you will apply.

During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. Also, because each student’s personal and academic situation is different, two students applying for same visa may be asked different questions and be required to submit different additional documents.

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Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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Students Visas — Qualifying for a Student Visa

The Immigration and National Act is very specific with regard to the requirements which must be met by applicants to qualify for the student visa. The consular officer will determine whether you qualify for the visa. Additionally, applicants must demonstrate that they properly meet student visa requirements including:

Have a residence abroad, with no immediate intention of abandoning that residence;
Intend to depart from the United States upon completion of the course of study; and
Possess sufficient funds to pursue the proposed course of study.

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www.usimmigrationblog.com

Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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Cancellation of Removal

Excerpt from the Federal Register of Regulations:

Cancellation of Removal

The proposed rule provides for the application by qualified individuals in removal proceedings for the new form of relief created by section 304(a) of IIRIRA: cancellation of removal. Cancellation of removal comes in two forms.

The first form, available to lawful permanent residents, is similar to relief under section 212(c) of the pre-IIRIRA Act, except that only 5 years of the required 7 years of residence to statutorily qualify for this form of cancellation of removal need be fulfilled as a lawful per manent resident. This means that up to 2 years of the 7 years can be satisfied with temporary residence. This provision codifies the interpretation by a number of Federal circuit courts that a period of temporary residence counts toward the 7-year residency requirement for relief under section 212(c) of the pre-IIRIRA Act.

The second form of cancellation of removal resembles suspension of deportation under section 244 of the pre-IIRIRA Act, except that an applicant for the second form of cancellation of removal must demonstrate continuous physical presence for 10 years instead of 7 years, and must show "exceptional and extremely unusual hardship" instead of "extreme hardship." Further, unlike suspension of deportation, this form of cancellation of removal is not available for aliens who can only show hardship to themselves. The proposed rule also implements the availability of this second form of cancellation of removal to a battered spouse or child who can demonstrate 3 years of continuous physical presence in the United States and who shows that removal would result in "extreme hardship" to the battered spouse, his or her child, or the battered child's parent.

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Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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Newt Gingrich Proposes Immigration Plan at Republican Debate

“ … I don't think we're going to separate you from your family,

uproot you forcefully and kick you out.”

Saying that he would “take the heat” for proposing a more “humane” approach on the issue, Newt Gingrich spoke at the Republican debate on Tuesday, November 22, about his ideas on how the government should deal with the roughly 11 million people who are living in the United States without legal immigration status. In so doing, Gingrich became the first of the candidates for the Republican presidential nomination to stake out any significant ground on the issue.

Gingrich introduced two ideas. The first was a guest worker program controlled by employers, and the second was the implementation of boards of local citizens who would adjudicate the cases of undocumented immigrants and decide which of them would be allowed to stay in the country.

Under Gingrich's “red card” program, employers would be authorized to provide temporary guest worker visas to immigrants they hire. Those immigrants would then be allowed to live and work legally in the United States as long as they were employed by their sponsor. On a side note, children born in America to people working under the “red card” sponsorship program would not be automatically granted U.S. citizenship under the 14th amendment of the constitution.

Concerning the second part of his proposal, Gingrich said, “Once you've put every piece in place, which includes the guest worker program [and tougher border security], you need something like a World War II Selective Service Board that, frankly, reviews the people who are here.”

This plan would vest control over deportation proceedings in local boards of citizens, who, presumably, would be able to make informed and fair decisions regarding which immigrants they want to retain in their communities, and which should be deported.

Gingrich's spokesman, R.C. Hammond, said the boards would be like “a jury of citizens hearing an individual make a case, and having character witnesses and testimonials.” In lieu of the federal government mandating which undocumented immigrants could stay, each community would decide.

Treading the party line and giving himself an escape hatch, Gingrich was careful to say the government must first “control the border” before any other immigration action can be taken.

Gingrich, however, like many of his Republican presidential nominee wannabes, could stand to do his homework on the matter. In the current fiscal year ending Sept. 30, 2011, the number of people arrested illegally crossing the southern border stands at approximately 448,000 — a significant decline from the average of a million arrests each year in the 1980s and 1990s, and placing the number of immigrant arrests on the southwestern border at a 40-year low.

Figures compiled by U.S. Customs and Border Protection (CBP) reveal that due to the greater number of CBP personnel along the southwestern border with Mexico, aerial monitoring with unmanned remotely-piloted drones, and other technological advances in surveillance, approximately 90 percent of people who enter the U.S. illegally in the border regions of Arizona, California, and Texas, are apprehended.

Referring to his plan to give control over deportation proceedings to local citizen boards or juries, Gingrich said, “If you've been here 25 years and you got three kids and two grandkids, you've been paying taxes and obeying the law, you belong to a local church, I don't think we're going to separate you from your family, uproot you forcefully and kick you out.”

It is interesting to note that under current law there currently exists certain forms of relief for those caught up in deportation proceedings. Cancellation of removal may come in two forms. The first form, available to lawful permanent residents, requires only 5 years of residence to statutorily qualify for cancellation of removal. An applicant for the second form of cancellation of removal must demonstrate continuous physical presence for 10 years, and must show "exceptional and extremely unusual hardship" instead of "extreme hardship."

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Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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GOV. SHUMLIN, PUBLIC SAFETY ANNOUNCE REVISED BIAS-FREE POLICING POLICY

Bias-free policing to include direction regarding immigration status.

“We owe it to our troopers to provide them clear guidance

about state law enforcement priorities and parameters.”

Vermont Governor Peter Shumlin

from the website of Vermont Governor Pete Shumlin

“Pressroom”

“NOVEMBER 4 - MONTPELIER – Gov. Peter Shumlin and the Department of Public Safety today announced a revised policy to strengthen bias-free policing to include direction regarding immigration status.

“The new policy states that Vermont State Police troopers should not try to identify people whose only suspected violation is that they are present in the United States without proper documentation, but also makes it clear that officers should continue to investigate suspected criminal activity. The policy includes special provisions relating to law enforcement near the Canadian border, authorizing troopers to take actions concerning unlawful border crossings in progress, as well as to call for support from federal authorities when required to protect officer or public safety.

“ “We have the finest state police force in the country,” Gov. Shumlin said. “We owe it to our troopers to provide them clear guidance about state law enforcement priorities and parameters.”

“The policy reaffirms “the Vermont State Police commitment to unbiased policing, to clarify the circumstances in which members can consider race, ethnicity, gender or other potentially improper criteria when making law enforcement decisions, and to reinforce procedures that serve to assure the public that we are providing service and enforcing laws in an equitable and impartial way.”

“Public Safety Commissioner Keith Flynn said the enhancements to our existing bias-free policing policy were enacted to further ensure the fair and equal treatment of all individuals in Vermont, adding, "As policing in Vermont enters the next generation of law enforcement, it is important to provide meaningful direction and guidance to our members in a way that will best serve the department and individuals in Vermont, while at the same time furthering the leadership priorities set forth by Governor Shumlin.”

“The State Police confirmed that they will develop training in cooperation with community leaders to reflect the changes to the policy.

“ “This is good news,” said Attorney General William Sorrell. “Now I hope more Vermont police departments will adopt bias-free policies that emphasize their primary role of enforcing Vermont criminal laws.” “The Vermont State Police undertook this review following an incident in which a state trooper identified and reported an allegedly undocumented migrant farm worker to border patrol. Although an independent investigation concluded that the trooper had acted appropriately under the policy that was in effect, the incident revealed a need to provide greater clarity in the Vermont State Police policies.

“Gov. Shumlin said the revised policy released today will provide clarity for Vermont State Police. But, he added, the local policy does not address the more serious issue – that the federal government has not developed a sensible and fair immigration policy on the national level.”

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Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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U.S. Department of State Expedites Student Visa Processing

Media Note

Office of the Spokesperson

Washington, DC November 14, 2011

“During International Education Week, the U.S. Department of State highlights existing efforts to attract future leaders from abroad to take advantage of the exceptional educational opportunities in the United States. We also recognize that foreign students bring with them tremendous intellectual, social, and economic benefits. As part of these efforts, the Department’s Bureau of Consular Affairs gives student visa appointments special priority.

“All U.S. embassies and consulates expedite visa processing for foreign students to ensure qualified students are able to begin their academic program on time. Worldwide, the maximum wait for a student visa appointment is fewer than 15 days. Foreign students can apply for their visas up to 120 days before their academic programs begin. We always encourage all visa applicants to apply early.

“At home and abroad, students continue to seek international education to gain the skills, the contacts, and the experience necessary to succeed in the global marketplace. The consistent growth in international enrollments in the United States attests to the universally recognized pre-eminence of the country’s higher education system. International education grew by nearly 9 percent during the 2010/11 academic year, and foreign students studying in the United States brought $21.3 billion into the domestic economy. Most importantly, educational exchanges foster mutual understanding, respect, and goodwill between Americans and people around the world.”

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www.usimmigrationblog.com

Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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Whose Sorry Now? Arizona Voters Fire State Senate President Russell Pearce

Self-proclaimed “Tea Party President” Spanked at the Polls

“This is a wakeup call for 2012. Politicians better pay attention.

Solutions, not extremism are the tools for political success.”

Eliseo Medina of the Service Employees International Union.

In a recall election on Tuesday, November 8, Arizona voters made history ousting State Senate President Russell Pearce and choosing in his stead Republican Jerry Lewis, a moderate on immigration issues, with 54% of the vote. The election marked the first time the nation has seen a recall of a state senate president.

The porcine Senator Pearce, a self-proclaimed “tea party president,” had proffered his weight in the push to create and pass Arizona’s SB 1070 and other anti-immigrant legislation. Although known for his heavy-handed style, and a close ally of the nefarious Arizona Sheriff Joe Arpaio, even the the support of Arizona grandees like Governor Jan Brewer and Sheriff Joe himself was not enough to save Pearce’s bacon.

“[People] saw it in the first month of his leadership [as Senate president],” said Randy Parraz, co-founder and president of Citizens for a Better Arizona, which mounted the recall effort.

“He was focused on nullifying federal law, changing the U.S. Constitution, putting guns on campuses, cutting education, cutting off people waiting for organ transplants, and instead of spending $1.3 million and allowing 98 Arizonans to live, he sent $5 million to an angry sheriff for immigration enforcement,” said Parraz. “That kind of politics, people started getting fed up.”

One of the most far-reaching immigration control laws, Arizona SB 1070 inspired similar bills such as Georgia’s HB 57, and Alabama’s HB 56. Mr. Parraz suggests that the passage of Arizona SB 1070 has damaged the reputation of the state and may have led some people to think of Arizona as the birthplace of legalized racial profiling.

Some provisions of Arizona’s SB 1070 law have been declared unconstitutional and remain under challenge by the Obama administration, but it appears Arizona tourism and its economy in general has suffered with corporations and associations canceling events and conventions in the state. The Center for Amerian Progress has estimated that Arizona could lose upwards of $141 million in the food, lodging, and entertainment industries, and the state has so far spent heavily on a campaign to improve its image.

Tone deaf and undaunted, the soon-to-be former Senator Pearce turned his attention to more anti-immigrant legislation such as the elimination of ethnic studies programs in schools, and denying birthright citizenship to the children of unauthorized immigrants.

According to election observers people in Arizona had had their fill of Pearce’s single-minded focus on anti-immigrant legislation and enforcement measures to the detriment of the state’s reputation, and his seeming lack of attention to the issues of jobs, education, and healthcare.

Incoming Republican state senator Jerry Lewis, Pearce’s replacement apparently heard the music, focusing his campaign on the economy and education and a more moderate approach to immigration.

“Certainly the immigration issue is important to many people including myself,” said Lewis. “We need to bring a civil tone to that discussion, a professional approach to solving it, an approach that is reasonable and won’t be … in the courts for years to come.”

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www.usimmigrationblog.com

Duncan Millar

Millar & Smith, PLLC Immigration Attorneys

Bellingham | Seattle | Vancouver | New York

www.usborderlaw.com

duncanm@usborderlaw.com

Direct: 604.634.3772

Main: 604.634.3769

USA: 360.734.5260

Licensed in Washington | B.C. Practitioner of U.S. law

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Millar & Smith U.S. Immigration Lawyers

Monday, January 23, 2012

Saturday, December 31, 2011