Dobson Immigration Law & Policy, LLC

11-182 Arizona v. The United States

2011-12-12T13:23:00.000-08:00

The U.S. Supreme Court will rule on Arizona's controversial immigration law this year. Click here for the details on the Supreme Court's website. Click here to view the questions presented.

Federal Government Challenges South Carolina's Immigration Law

2011-11-03T08:24:00.000-07:00

The U.S. Department of Justice announced on Halloween (2011) that they have filed a complaint against the state of South Carolina because the recently passed immigration law is unconstitutional and interferes with the federal government's authority to regulate immigration. To read the complaint, click here.

The Lowcountry Immigration Coalition and others have already filed a complaint in federal court regarding the same law.

Lowcountry Immigration Coalition, et al. v. Nikki Haley

2011-10-12T15:03:00.000-07:00

The Lowcountry Immigration Coalition and others officially filed suit today seeking to enjoin enforcement of key provisions of SB 20, South Carolina's controversial immigration law. To view a copy of the complaint on the ACLU's website, click here. Read the Huffington Post article here.

Prosecutorial Discretion Announcement by White House

2011-08-30T14:39:00.000-07:00

The Obama Administration announced on August 18, 2011 through The White House Blog that they will be changing their focus with respect to immigration enforcement. The announcement indicated prosecutorial discretion would exercised in cases as outlined in Immigration and Customs Enforcement Director John Morton's June 17, 2011 memo. To be clear, this is not an amnesty program. This new policy will likely provide some relief to many who deserve it. However, there is no guarantee that your case will be selected for prosecutorial discretion.

If your case is selected for prosecutorial discretion, then you may be able to obtain work authorization. Again, beware of those who guarantee a result.

If you have questions about this, contact a licensed immigration lawyer.

California Supreme Court to Decide if Illegal Immigrant Can Practice Law

2011-08-08T12:29:00.000-07:00

The California Supreme Court will decide if an illegal immigrant can become licensed to practice law. See the article at ABAJournal.com.

Parts of Georgia HB 87 Blocked

2011-06-29T14:37:00.000-07:00

Key parts of Georgia's HB 87, a recently enacted state immigration law, were blocked by the Federal District Court in Atlanta, GA. Click here to read the New York Times article. For more information, see the ACLU Georgia website.

Arizona Business License Law Upheld in Chamber of Commerce v. Whiting

2011-05-30T12:58:00.000-07:00

The Supreme Court upheld the Arizona law allowing for revocation of employers' business licenses if they employ unauthorized workers. For a summary, check out the article at www.abajournal.com.

Take a look at the following from the Supreme Court's opinion: "The Immigration Reform and Control Act (IRCA) makes it 'unlawful for a person or other entity . . . to hire, or to recruit or refer for a fee,for employment in the United States an alien knowing the alien is an unauthorized alien.' 8 U. S. C. §1324a(a)(1)(A). Employers that violate that prohibition may be subjected to federal civil and criminal sanctions. IRCA also restricts the ability of States to combat employment of unauthorized workers; the Act expressly preempts 'any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.' §1324a(h)(2)." Those who might be inclined to think that this means certain defeat for opponents of the more aggressive state laws that Arizona and other states have passed (or are considering) should note the "other than through licensing and similar laws" language quoted in the Supreme Court opinion.

To read the opinion for yourself on the U.S. Supreme Court's website, click here.

Ninth Circuit Rules on Arizona State Immigration Law

2011-04-11T13:26:00.000-07:00

Today the Ninth Circuit ruled on the constitutionality of the controversional Arizona state law, S.B. 1070. Click here to read the decision.

H-1B Cap Count, FY 2012

2011-04-11T06:08:00.000-07:00

As of April 7, 2011, 5,900 H-1B Regular Cap petitions have been filed and 4,500 Master's Exemption petitions have been filed. For complete details click here.

Stop Notario Fraud

2011-01-07T07:37:00.000-08:00

I have written several times about the problems caused by notarios. For an explanation of who may practice immigration law, see my May 17, 2010 post. The American Immigration Lawyers Association (AILA) has created a new website, www.stopnotariofraud.org, in effort to combat those who practice immigration law without a license.

In my opinion, the simplest and easiest way to make sure that you have a real immigration lawyer (and not a notario) is to make sure they are a member of AILA. Before meeting with a particular immigration lawyer, call AILA to make sure he or she is a member.

Make sure that you can meet or speak with the lawyer directly. A growing problem is lawyers who are "lending" their licenses to notarios. If a lawyer seems to be signing your paperwork, but you are never allowed to meet her, then this is a red flag.

Additionally, keep in mind that an organization is not necessarily legitimate simply because it is a non-profit. For the protection of you and your family, make sure your lawyer is a member of AILA.

For more details on how to choose an immigration lawyer, click here and here. At a minimum, make sure that your federal immigration lawyer is licensed in at least one of the fifty states or the District of Columbia.

House Passes DREAM Act

2010-12-09T06:52:00.000-08:00

The House has approved the DREAM Act, and the Senate will likely vote on the bill today. Unfortunately, a Senate filibuster may ultimately prevent the bill from becoming law. See the article at CNN.com for further details.

Quoted in the Island Packet on the DREAM Act

2010-12-07T19:32:00.000-08:00

Take a look at today's Island Packet article on the DREAM Act, quoting me on the impact passage of the DREAM Act might have.

The DREAM Act would provide a pathway to permanent residence (and possibly citizenship) to certain immigrants who were brought to the United States as children, can demonstrate good moral character, and serve in the military for two years or attend two years of college. To see the recent version of the bill (S.3992) filed by Senator Reid for yourself, click here. Senator Reid has now filed for cloture, making it likely that a vote on the bill will take place tomorrow, December 8th.

USCIS's Forms and Fees Change

2010-11-23T08:21:00.000-08:00

Click here for the November 22, 2011 fact sheet at www.uscis.gov explaining fee and form changes at USCIS. Note that USCIS has now introduced a fee waiver form.

Disbarred Lawyer Charged With Practicing Immigration Law

2010-11-07T07:17:00.000-08:00

Click here to read about a lawyer who has allegedly been practicing immigration law though disbarred. The article is a available on BellevueReporter.com. This lawyer was allegedly posing as an "immigration assistant," though the state of Washington is claiming that he was actually practicing law.

Make sure the lawyer you hire for your immigration matter is licensed and in good standing. Contact the state bar where the person claims to be licensed. For example, if the person claims to be licensed in New York, click here to research their status on the New York State Unified Court System's website. For federal immigration law purposes, your lawyer must be licensed in at least one of the 50 states or the District of Columbia. Additionally, I recommend that you make sure that your lawyer is a member of the American Immigration Lawyers Association. Contact AILA to make sure that your lawyer is a member in good standing.

I do not recommend that you use any service, organization, or individual unless a licensed lawyer will be handling your case. If the organization you are using claims that a lawyer will handle your case but does not allow you to speak directly with the lawyer, this is a strong indication that it may not be legitimate. See my posts on how to find a good lawyer by clicking here and here.

Arizona Immigration Law at U.S. Court of Appeals

2010-11-02T14:07:00.000-07:00

On Monday, November 1, 2010, the U.S. Court of Appeals for the 9th Circuit heard the state of Arizona's appeal of U.S. District Judge Susan R. Bolton's decision to enjoin major parts of the contoversial state immigration law. For the details, see the Washington Post article here.

Alfredo Quinones-HInojosa, MD

2010-10-08T14:50:00.000-07:00

For a fascinating story of an immigrant surgeon, take a look at the following video from cnn.com:

H-1B Cap, September 17, 2010

2010-09-21T14:27:00.001-07:00

As of September 17, 2010, 38,300 petitions were counted against the Fiscal Year 2011 Cap for Regular H-1Bs and 14,000 were counted against the H-1B Master's Exemption. Click here for the details on the USCIS website.

Jan Brewer Finally Admits She "Misspoke"

2010-09-06T14:16:00.000-07:00

Arizona Governor Jan Brewer has finally admitted that she "misspoke" when stating that law enforcement had found beheaded bodies near the border with Mexico. For more details on this, see the article on the Christian Science Monitor website.

Click here for a video of her making the apparently false statement that she took far too long to correct.

Mistrial Declared in Marriage Fraud Trial of Fernanda Romero

2010-09-04T06:44:00.000-07:00

The judge declared a mistrial on Friday in the marriage fraud trial of soap opera star Fernanda Romero. According to the article on Cnn.com (International Edition), Romero allegedly paid someone to marry her so that she could get a green card. Romero could face serious jail time if she is eventually convicted.

Those tempted to marry for the purpose of immigration should keep in mind section 275(c) of the Immigration and Nationality Act: "Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both."

The CNN article points out that these matters are usually handled by immigration authorities rather than being prosecuted as crimes. However, this case is an example of a marriage fraud case being prosecuted as a felony.

Preliminary Injuction Ordered for S.B. 1070

2010-07-30T15:00:00.000-07:00

On July 28, 2010, Judge Susan R. Bolton preliminarily enjoined the State of Arizona and Governor Brewer from enforcing major sections of S.B. 1070. To see the order for yourself, click here.

ICE's Online Detainee Locator System

2010-07-23T11:49:00.001-07:00

The U.S. Immigration and Customs Enforcement's new Online Detainee Locator System was unveiled today. This website can be used to find a detained immigrant using either the A-number for the person or basic biographical information. According to the website, you can locate detained immigrants who are currently in custody or who have been in custody within the last 60 days. For my description of the difficulty faced by detained immigrants and their lawyers up to this point, click here. The new website is certainly a welcome improvement.

H-1B Cap Count (Fiscal Year 2011)

2010-07-08T06:44:00.000-07:00

As of July 2, 2010, USCIS has counted 24,200 petitions toward the regular H-1B Cap and 10,400 toward the H-1B Masters Exemption. Click here for the details.

Department of Justice Challenges Arizona Immigration Law

2010-07-07T08:03:00.000-07:00

The Department of Justice filed suit on July 6th, 2010 challenging Arizona's new immigration law, S.B. 1070. The Department of Justice stated in its brief that "the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country." The DOJ states that since Arizona's immigration law conflicts with federal law, it has "crossed a constitutional line."

Administration to File Suite Against Arizona Immigration Law

2010-06-18T14:34:00.000-07:00

According to an article at www.foxnews.com, the Obama administration plans to file suite in opposition to the new Arizona immigration law. I look forward to analyzing the details of this in the coming weeks.

Quoted in The Island Packet Regarding Immigration Scams

2010-05-17T07:44:00.000-07:00

Take a look at the Sunday edition of The Island Packet in which I am quoted in Cassie Foss's article "Immigrants Vulnerable to Legal Assistance Scams." To see the article online, click here.

Who can practice federal immigration law? Generally, only lawyers may charge fees to represent clients in immigration matters. Organizations recognized by the Board of Immigration Appeals may assist individuals with immigration matters, but they must convince the Board that they make "only nominal charges and assess[] no excessive membership dues for persons given assistance" and have at their "disposal adequate knowledge, information and experience." There are a few other exceptions, but they are quite limited. To see the applicable section in the Code of Federal Regulations, 8 CFR 292.1, click here.

If you have a federal immigration issue, then I strongly recommend contacting a qualified attorney. The Code of Federal Regulations defines an attorney as "any person who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law." 8 CFR 1.1(f).

You should make sure that you not only hire a licensed lawyer, but also that your lawyer is a member of the American Immigration Lawyers Association (AILA).

Lowcountry Rain Gardens

2010-05-17T07:36:00.000-07:00

It has been my privilege to be a part of the Hilton Head Island-Bluffton Leadership Class of 2010. To learn more about our class project, "Rain Gardens: A Beautiful Solution to Water Pollution," go to www.lowcountryraingardens.blogspot.com.

Arizona's SB 1070

2010-04-16T06:30:00.000-07:00

The governor of Arizona is expected to sign SB 1070 into law, which will allow state police to determine whether someone is an illegal immigrant. According to my understanding, the law provides for immigrants to be charged with a misdemeanor if they do not have immigration papers in their possession. See the LA Times article for more details. The American Immigration Lawyers Association (AILA) "expresses grave concern" that other states will follow suit. See the analysis on AILA's website. To see the bill for yourself, click here.

Again, we find another state apparently acting out of frustration with the failure of the federal government to properly regulate immigration. The problem is that this is an area that, for good reason, is generally preempted by federal law. There are numerous laws and Supreme Court decisions making this clear. Further, countries around the world illustrate with their laws the common sense principle that nations, not local governments, should regulate immigration. As states continue to attempt to regulate immigration, the complexity and confusion will only continue to grow. The frustration with the federal government's failure to act is understandable, but efforts should be focused on action at the federal level, not at the state and local level.

Changes Proposed for the Immigration Court System

2010-02-12T06:40:00.000-08:00

A recent report to the American Bar Association (ABA) points out many problems within the current immigration court system. According to a February 8th article in the New York Times, the ABA is now calling for a new, independent court system for immigration cases. Click here to read the report to the ABA.

Immigrants in South Carolina

2010-01-15T12:24:00.001-08:00

I was surprised by the assumptions and ill associations made by a friend of mine the other day toward immigrants. We were discussing the possibility of federal immigration reform and could not come to any sort of agreement because we were arguing based upon our own set of "facts." She had the understanding that immigrants were stealing jobs based upon the fact that her senior friend felt cheated out of a job as a "greeter" at a local retail store because an immigrant had "stolen" it. According to her understanding, immigrants were taking away opportunities from the working poor in our country. While there may be some truth here, it is imporant to get the whole story.

For a start, please see the linked report from the Immigration Policy Center for more information on the contributions immigrants are making to South Carolina.

Increased Interest in Investor Visas

2010-01-14T07:24:00.000-08:00

The number of foreign nationals seeking EB-5 investor visas has dramatically increased, according to a recent article in The Washington Post. Generally, these visas require that at least $1,000,000 be invested, but if the organization is doing business within a "targeted employment area," then an investment of $500,000 will suffice. Potential investors should note that there are communities in South Carolina that meet these requirements.

Immigration Policy Center's Summary of HR 4321

2009-12-17T07:51:00.000-08:00

Click here for the Immigration Policy Center's summary of HR 4321. Compare this six-page summary with the 12-page summary available at www.aila.org. For the full text of the bill, see our prior post.

Comprehensive Immigration Reform ASAP Act of 2009

2009-12-17T07:37:00.000-08:00

The Comprehensive Immigration Reform ASAP Act of 2009 (H.R. 4321) is now available online at www.congress.gov. I'm looking forward to reading the bill. Click here to read some remarks made by Rep. Luis Gutierrez at a press conference introducing the bill. I agree with Mr. Gutierrez that we have waited long enough for comprehensive immigration reform. Now is the time for action at the federal level.

Summary of the Comprehensive Immigration Reform for America's Security and Prosperity (CIR ASAP) Act of 2009

2009-12-15T13:26:00.000-08:00

Click here for a summary of the Comprehensive Immigration Reform for America's Security and Prosperity (CIR ASAP) Act of 2009 available at www.aila.org.

Comprehensive Immigration Reform to be Introduced December 15

2009-12-14T09:50:00.000-08:00

Congressman Luis Gutierrez will introduce comprehensive immigration reform legislation tomorrow! Click here for the press release.

Many Immigrants Unnecessarily Detained

2009-12-02T12:53:00.000-08:00

Today's New York Times article, "Immigration Detention System Lapses Detailed," confirms what many detained immigrants and their lawyers already know. Immigrants are often unnecessarily detained and removed far from family, friends, and lawyers, making it difficult to get help.

Fighting Notarios

2009-12-01T12:12:00.000-08:00

Check out Notariety for Notarios, an article on abajournal.com describing how some lawyers are fighting "notarios" using consumer protection laws.

New Website: www.dobsonimmigration.com

2009-11-30T09:11:00.000-08:00

Our new website is now up and running at www.dobsonimmigration.com. We hope you will find the new website to be more user-friendly than the old one with straightforward information about our firm and the services we provide. The new website was designed by Bunnymoon Design, LLC. Please take a look and let us know what you think!

House vs. Senate: Health Care Reform Bills

2009-11-19T09:19:00.000-08:00

Click here to see a comparison of the House and Senate bills on health care reform. The House bill would allow illegal immigrants to buy insurance from the exchanges, but without federal subsidies. The Senate bill would not allow illegal immigrants to buy insurance from the exchanges at all.

Immigration Reform in 2010

2009-11-13T12:17:00.000-08:00

According to Julia Preston's article, White House to Begin Push on Immigration Overhall in 2010, the Obama administration will pursue immigration reform early next year.

For a basic idea of President Obama's priorities with regard to the immigration system, see the immigration page at www.whitehouse.gov.

New Consultation Fee

2009-11-04T13:41:00.000-08:00

Our new consultation fee is $195 for a one hour consultation. We are available for consultations evenings (after 6 pm) and weekends for an additional $100.

If we are hired to represent you within thirty days of the consultation, then we will credit the consultation fee toward your legal fees.

The consultation fee can be paid by cash, check, money order, or credit card (Visa, Mastercard, American Express, or Discover).

Having a consultation with K. Craig Dobson, Esq. does not establish an attorney-client relationship.

New USCIS Website

2009-09-23T07:55:00.000-07:00

I used the newly designed USCIS website for the first time today, and it seems to look and function better. Anyone interested in learning more about the immigration process should take a look at it. With so much bad information available on the internet, it is important to focus on reputable websites to get a good understanding of immigration law. A good place to start is www.uscis.gov. Of course, this is no substitute for seeking the advice of a qualified immigration lawyer. However, a careful review of this website prior to a consultation with a lawyer could result in a more productive meeting. Many aspects of the immigration process appear to be simple, but in fact involve one of the most complex areas of federal law. By choosing a qualified immigration lawyer and learning all you can about the process, you will maximize your chances of a positive resolution to your case.

A Real Solution to the Healthcare Crisis?

2009-09-17T11:53:00.000-07:00

I know. I know. This is a blog about immigration law. Since the immigration reform debate has been put on hold to work on healthcare, I might as well comment on it.

It is no secret that medical care in the United States is extraordinarily expensive. I have often wondered how doctors and hospitals can charge monstrous fees to ordinary people without a public outcry. Surely in other professions, many of these fees would be deemed unreasonable and, thus, unethical. How is it that a factory worker or an elementary school teacher is expected to pay hundreds of thousands of dollars for a stay in the hospital, more than they've paid for their home? David Goldhill gives the most thoughtful and provocative analysis of the major problems with the American health care system I have seen yet in his article, How American Health Care Killed My Father. He makes no attempt to demonize doctors, hospitals, or the insurance companies in the article. Rather, he explains the fundamental flaws with our current system and how, unfortunately, the proposed reform will not solve these problems.

Traditionally, insurance was used to protect the individual from an unlikely and expensive event, spreading the cost around to all those insured. For example, one may buy car insurance to cover the cost of the car if it is destroyed in an accident. No one would expect the cost of new tires to be covered with car insurance, but with current comprehensive health insurance, one may expect routine physicals and doctors visits to be covered. Though some are under the illusion that someone else is paying for this, the reality, according to Goldhill, is that we are all paying for it.

We're paying for health care, and we're paying a tremendous amount for it. Goldhill argues convicingly that health insurance companies are the real customers of health care services. If we were the direct customers of the health care providers, the laws of supply and demand might result in more reasonable costs. Under the current system, it appears that anything but supply and demand governs what we pay for healthcare. Democrats, Republicans, and everyone else should take a look at this article on The Atlantic's website.

"You lie!"

2009-09-10T11:04:00.000-07:00

Representative Joe Wilson shouted "You lie!" as President Obama stated in his speech last night that illegal immigrants would not be covered in the proposed health care reform. An article in today's New York Times states that various bills actually state explicitly that illegal immigrants will not be covered. Representative Wilson has apologized for his outburst, but he should go further. He should make it clear that none of the current bills include a provision for covering illegal immigrants. While civility is important, telling the truth is even more important, especially for politicians.

If Representative Wilson believes that President Obama made false or misleading statements during his speach, he should point them out at the appropriate time and place, citing the specific language of the particular bill(s) in question. For an evaluation of the various assertions made by President Obama last night, see David M. Herszenhorn's New York Times article published today. For more detailed information, see http://www.factcheck.org/. If anyone wishes to join the debate on this blog, I welcome your comments.

The Master's Brush

2009-09-01T12:20:00.000-07:00

I have studied Shodo (Japanese Calligraphy) under Masako Inkyo for several years now. I hope everyone enjoys this video of her teaching class in New York City.

2010 Leadership Hilton Head Island-Bluffton Class

2009-08-13T07:10:00.000-07:00

Yesterday, I began training in the 2010 Leadership Hilton Head Island-Bluffton Class. I'm looking foward to honing my leadership skills and learning how I can better serve the community. I also hope to have some fun in the process. Click here to see my class picture and a brief description of the program.

Immigration Reform in 2010?

2009-08-11T14:50:00.000-07:00

While in Mexico, President Obama admits immigration reform is unlikely this year. Click here for the LA Times article.

Kris W. Kobach

2009-07-20T12:30:00.000-07:00

Julia Preston has written an informative article on Kris W. Kobach, a law professor who is one of the leaders in the fight to stop illegal immigration using state and local laws. According to the article, he has won and lost some cases in this fight. Perhaps most notably, he unsuccessfully defended Hazleton, PA, which had passed a law that attempted to punish even landlords who rented to illegal immigrants. Efforts to challenge illegal immigration at the state and local level present an alarming trend. While the federal government's failure to pass comprehensive immigration reform is inexcusable, it remains the federal government's domain and responsibility to solve this problem.

Victims of Sexual Abuse May Seek Asylum

2009-07-15T13:03:00.000-07:00

Julia Preston's article in today's New York Times describes how the Obama administration seems to have opened the possibility for certain battered or sexually abused immigrants to obtain asylum. If you are an immigrant and a victim of domestic violence, contact a licensed immigration lawyer today. Aside from the new possibility of asylum, there are several different kinds of immigration relief that may be available to you.

Legalize LA

2009-07-01T07:14:00.000-07:00

The folks at American Apparel make it no secret that they support immigration reform. Check out their Legalize LA webpage for more. According to their website, American Apparel employs quite a lot of immigrants, and when the say "Made in the USA" they actually mean it. Most, if not all, of their clothing is manufactured in downtown Los Angeles.

The Latest on Obama and Immigration Reform

2009-06-22T11:51:00.000-07:00

According to a June 19 article at USAToday.com, President Obama stated that he is "committed to passing comprehensive immigration reform" during a speach at the Esperanza National Hispanic Prayer Breakfast. Click here to read the article.

I urge those of you who support immigration reform to call your Senators, Congressmen, and the White House to make sure that your voices are heard! Click here to find a list of useful links on my website. Near the bottom of the page, you can type your zip code into the "Write to Congress" button to find your representatives.

2009 AILA Annual Conference in Las Vegas

2009-06-17T09:16:00.000-07:00

Last week, we returned from the American Immigration Lawyers Association's annual conference in Las Vegas, NV. The annual conference is great way to keep current on the constantly changing immigration laws and regulations. I learned a lot during the four-day conference and had some fun too! Here are a few photos from the trip:

Defending the Mentally Ill

2009-05-05T08:40:00.000-07:00

Yesterday's New York Times article, Mentally Ill and in Immigration Limbo, presents a very sad picture of how immigrant detainees who are mentally ill are sometimes treated. It's a story of a society and laws unsympathetic to the plight of these individuals, but also illustrates how difficult it can be for those who want to help the mentally ill.

Immigration Laws and the U.S. Technology Industry

2009-04-13T13:43:00.000-07:00

Matt Richtel's article in today's New York Times brings to light some of the problems with the current immigration law as it relates to the technology industry in the United States. It seems obvious to me that we should have immigration laws that permit U.S. companies to hire the very best and brightest in the world. This article explains how the current structure of the law makes this difficult and how sometimes those foreigners who are rejected by U.S. companies return to their home countries to compete against them.

Immigration Reform May Be Possible This Year!

2009-04-09T07:29:00.000-07:00

Take a look at today's New York Times article, "Obama to Push Immigration Bill as One Priority." According to the article, Obama plans to begin talking publicly about immigration reform in May and seriously get to work on the issue this summer. Immigration reform could come as early as this fall!

Immigration Detention

2009-04-03T07:44:00.000-07:00

Thanks to The New York Times for shedding some light on the failure of our federal government to house immigrant detainees in an honest and ethical way. Nina Bernstein's article, Immigrant Detainee Dies, and a Life Is Buried, Too, describes how an immigrant died while in immigration custody and was then forgotten. Efforts to obtain further information about the man were frustrated because his date of birth and alien registration number (A number) were unavailable.

As an immigration lawyer, I face similar difficulty when trying to locate a recently detained immigrant. Though the majority of those who contact me are from the same county in which my office is located, the immigrant is frequently sent to one of several detention centers in different states! Family members contact me asking for my assistance in representing their detained relative. Though the family members may have a date of birth, they rarely have an A number. There is sometimes a delay in updating detention center records so that they might not reflect the fact that the immigrant is already in their custody, further frustrating our efforts. A common excuse given to me is that they cannot release information on the location of an immigrant "for their protection." Understandably, certain records should not be disclosed without the authorization of the immigrant, but this basic information should be made available to licensed attorneys. They then state that when I obtain a signed release from the individual, they will provide further information. How is one to obtain a signed release if they cannot locate the immigrant? With the current system, valuable time may be lost before an immigrant is located and permitted to communicate with their attorney. This is one example, among many, of an area that needs significant improvement. Perhaps a topic for another day: The difficulty immigrants face in trying to phone their attorney, family, or friends while in detention.

Doorman for America: the Immigration Lawyer

2009-03-27T07:29:00.000-07:00

Please take a look at my recent article in Celebrate Hilton Head Magazine (CH2) entitled Doorman for America: the Immigration Lawyer. The article should be helpful to those who would like to know what the typical immigration lawyer actually does. For those of you who haven't read the magazine, I highly recommend that you pick up a copy on the island or in Bluffton.

ABA Commission on Immigration vs. Notario Fraud

2009-03-06T08:38:00.000-08:00

I am pleased to announce the ABA Commission on Immigration's new website, www.fightnotariofraud.org. Both immigrants who have been victimized by notarios and lawyers who wish to fight this practice should take a look at the website. If you feel that you are victim of notario fraud, contact a licensed attorney immediately. Go to www.ailalawyer.com to find a qualified immigration lawyer in your area.

IMMIGRATION ENFORCEMENT: Better Controls Needed over Program Authorizing State and Local Enforcement of Federal Immigration Laws

2009-03-04T12:42:00.000-08:00

The federal government's 287(g) program is essentially a program that deputizes local law enforcement officers to allow them to enforce federal immigration law. Yesterday's New York Times article describes how the government's 287(g) program is possibly not being used for its intended purpose: rounding up violent felons and deporting them. Instead, the program has lead to accusations of racial profiling and arrests of those who have committed very minor violations.

It is my opinion that only well trained federal agents should carry out immigration enforcement duties. The federal government has failed to take responsibility for problems that are essentially its own. The federal government should act quickly and decisively to enact comprehensive immigration reform. This legislation should include provisions that clearly preempt the myriad state immigration laws that have been enacted out of frustration with the federal government's failure to act. Further, the 287(g) program should be ended, and more federal officers should be trained as required.

Click here for the U.S. Government Accountability Office's full report entitled "IMMIGRATION ENFORCEMENT: Better Controls Needed over Program Authorizing State and Local Enforcement of Federal Immigration Laws."

The History of Immigration to the United States

2009-02-05T14:18:00.000-08:00

I found a very interesting website today entitled, "Immigration to the United States, 1789-1930," which is part of Harvard University Library's Open Collections Program. Take a look at the timeline by clicking here.

President Barack Obama

2009-01-21T08:32:00.000-08:00

I want to take a moment to wish President Barack Obama the very best during his first term. The United States faces many challenges, and I am confident that he will lead us through them successfully. Take a look at his new website (at least it's his for the next four years): www.whitehouse.gov.

Horrendous Treatment of Immigrant Held in Detention Facility

2009-01-16T12:08:00.000-08:00

Take a look at the article entitled "Immigration officials end RI detention contract" at www.washingtonpost.com. According to the article, immigration officials found the treatment of the detainee so egregious that the have cancelled their contract with the facility. The article describes how a 34-year-old computer engineer was horribly mistreated at the Donald W. Wyatt Detention Facility in Central Falls, Rhode Island while dying with cancer. He was being detained for allegedly overstaying his visa.

President George W. Bush on Immigration

2009-01-12T06:34:00.000-08:00

In an interview with Brit Hume of Fox News, President Bush (referring to fellow Republicans) said that "[w]e should be open-minded about big issues like immigration reform, because if we’re viewed as anti-somebody — in other words, if the party is viewed as anti-immigrant — then another fellow may say, well, if they’re against the immigrant, they may be against me.” For more details on this, see the New York Times article entitled "Bush Calls on Republican Party to Be Inclusive."

H-2B Cap Reached for Fiscal Year 2009

2009-01-08T09:20:00.000-08:00

According to the Cap Count for H-1B and H-2B Workers for Fiscal Year 2009 page on the USCIS website, the H-2B Cap was reached for Fiscal Year 2009 on January 7, 2009.

Senator Harry Reid on "Meet the Press"

2009-01-05T09:21:00.000-08:00

Yesterday on "Meet the Press", Senator Harry Reid said "I have, I have John McCain's word that he's going to work real, real hard on immigration reform...And I'll, and I'll work with him." Click here for the transcript. You can also watch a netcast of the show at msnbc.com.

Happy New Year!

2009-01-02T07:41:00.000-08:00

I wish everyone a very happy and prosperous 2009! For many of us, 2008 was a difficult year. Let's all work hard to make 2009 a better one. Maybe this is the year that we will finally get comprehensive federal immigration reform.

Sedation During Deportation

2008-12-30T08:43:00.000-08:00

A recent article by Dianne Solis at The Dallas Morning News describes how immigration officials have now changed their policy on sedating certain deportees with the drug Haldol, a drug normally used to treat schizophrenia or other serious mental conditions. The article indicates that the drug has been used relatively infrequently and is now used even less. However, the fact that the drug is being used for something that may be beyond its intended purpose, can cause serious complications, and can be administired to deportees againsts their will makes it controversial. Feel free to read the article and then post your comments here.

AILA Applauds Challenge by U.S. Chamber of Commerce to Federal Government’s Attempt to Expand E-Verify Program

2008-12-29T13:39:00.000-08:00

The American Immigration Lawyers' Association praised the U.S. Chamber of Commerce for challenging the legality of requiring federal contractors and sub-contractors to use the E-verify program in a press release dated December 23, 2008. See the press release on AILA's website for the details.

Information for Members of the Military and Their Families

2008-12-24T08:15:00.000-08:00

The USCIS has posted an information page for members of the U.S. military and their families. It includes a toll-free helpline that is to be used exclusively by members of the military and their families: 1-877-CIS-4MIL (1-877-247-4645).

Many of you may not be aware that immigrants have a long history of serving honorably in the U.S. military and continue to do so today. We wish all the troops serving in our military, both citizens and non-citizens, a very Merry Christmas!

Merry Christmas!

2008-12-22T10:50:00.000-08:00

I wish you all a very Merry Christmas! For those of you who do not celebrate Christmas, I wish you a very joyous holiday season!

DHS Citizenship and Immigration Services Ombudsman Issues a Study and Recommendations on Naturalization Oath Ceremonies

2008-12-18T13:40:00.000-08:00

According to a press release dated December 16, 2008, "[t]he U.S. Department of Homeland Security’s (DHS) Citizenship and Immigration Services (CIS) Ombudsman Michael Dougherty today [12/16/08] issued a study and recommendations on naturalization oath ceremonies."

The article stated "that The Ombudsman noted that U.S. Citizenship and Immigration Services (USCIS) naturalized more than one million new citizens during Fiscal Year 2008, surpassing last year’s number by almost 400,000. However, the Ombudsman received credible information that one court denied USCIS the opportunity to administer the oath in a timely fashion to more than 1,900 approved naturalization applicants. The court’s delay adversely impacted the ability of these individuals to vote in the recent general elections."

ICE Air

2008-12-17T09:07:00.000-08:00

Though most airlines are suffering right now, here's a story about one airline that keeps getting busier. Click here to read the article and see the video on the ABC News website.

H-2B Count as of December 12, 2008

2008-12-16T12:45:00.000-08:00

According to a recent posting on the USCIS website, 18,367 petitions have been counted toward the H-2B cap of 33,000 for the second half of Fiscal Year 2009 (as of December 12, 2008).

The Economy and Immigration Reform

2008-12-11T09:38:00.000-08:00

Yesterday's article in the San Francisco Chronicle entitled "Economy may trump Obama's pledge on immigration" seems to indicate that immigration reform will be delayed due to the current economic crisis. Peter Schuck, a professor at Yale Law School, expressed doubt that immigration issues will be be addressed within the next couple years. On the other hand, Frank Sharry, director of America's Voice, expects that at least an attempt at immigration reform will happen in Obama's first year in office.

Barack Obama on Immigration Reform

2008-12-10T08:46:00.000-08:00

On May 23, 2007, Barack Obama stated on the U.S. Senate Floor that "[t]he time to fix our broken immigration system is now..." Let's hope he still feels that way. Of course, immigration reform is not the top priority right now due to the dismal state of the economy. I suggest that the Obama team consider comprehensive immigration reform as part of the overall economic recovery effort. For more details on Obama and immigration, see his transition team's immigration page at www.change.gov.

We Now Accept Credit Cards

2008-12-08T08:10:00.000-08:00

Prospective clients now have the option of paying our consultation fee by credit card (Visa, Mastercard, American Express, or Discover). This should make it much more convenient for prospective clients outside the Hilton Head area to pay the fee. Of course, you can use your credit card for an in-office consultation as well.

Masako Inkyo

2008-12-05T07:53:00.000-08:00

I want to take a moment to let my readers know about my shodo teacher's art show at the Queens Library’s International Resource Center Gallery in New York City. The show, "Authentic,” will continue until December 31st. For more about this, see Nathalie Alonso's article here.

Masako Inkyo is an extraordinary artist, and I am so fortunate to have her as my teacher.

Hospital Patient Deported While in a Coma

2008-12-03T08:24:00.000-08:00

Both our health care and immigration systems are broken in this country, and the intersection of these is often tragic as outlined in the New York Times article Deported in a Coma, Saved Back in U.S. I heard on the Today Show this morning that the United States ranks 28th for life expectancy despite spending more than most other industrialized nations per capita: http://today.msnbc.msn.com/id/26184891/vp/18424824#28031294. As Dr. Snyderman points out in Matt Lauer's interview, racial bias is still one of the major factors in this crisis.

Combine the health care and immigration crises, and here's what you get: immigrants being deported while in very poor health (at least once even in a coma) by hospitals. No, I'm not talking about immigrants being deported by Immigration and Customs Enforcement. Individuals are being deported privately by hospitals. In her article, Deborah Sontag describes how a legal immigrant was deported while in a coma and then waited in the emergency room of a Mexican hospital for several days! Read the article to find out how the story ends.

"Notarios," Visa Consultants, and Immigration Consultants Are Not Attorneys

2008-12-02T13:13:00.000-08:00

The Executive Office for Immigration Review reminded the public in a Notice dated November 20, 2008 that "notarios," visa consultants, and immigration consultants are not attorneys. Click here for the page on AILA's website containing details on how to file a complaint against a "notario" or immigration consultant in your state. For more details on why it's important to use a licensed attorney, see my blog posting How to Choose an Immigration Lawyer, Part 1.

How to Choose an Immigration Lawyer, Part 2

2008-12-01T08:18:00.001-08:00

In Part 1, I stressed how important it is to make sure that your immigration lawyer is licensed in at least one of the fifty states or the District of Columbia. However, a license to practice law does not necessarily mean that a particular lawyer has expertise in immigration. One way to make sure that your lawyer has at least some interest in and exposure to immigration matters is to ensure that he or she is a member of the American Immigration Lawyers' Association (AILA). I do not know a single qualified immigration lawyer who is not a member of AILA. An AILA membership exposes the lawyer to wide variety of training opportunities, books and other publications, and up-to-date information on immigration law and policy. Of course, it's left to the individual lawyer to take advantage of these opportunities, but an AILA membership shows that they at least have an abundance of resources available to them. Immigration lawyers also share information and ideas through various networks, including the AILA Mentor Program. The AILA Mentor program allows lawyers to contact other immigration lawyers who are highly skilled in a particular area of the law and willing to share their knowledge. Immigration laws are constantly in flux, and AILA is, in my opinion, a necessity for lawyers who want to stay current on the issues. See www.ailalawyer.com to find an AILA member in your area.

The Visitor

2008-11-28T09:46:00.000-08:00

My wife and I watched The Visitor last night after Thanksgiving dinner. It's a great movie, and I recommend that everyone see it. The movie provides a glimpse into the scary world that immigrants sometimes face here in the United States as a result of our complex and harsh federal immigration system. In this movie, Tarek Khalil (played by Haaz Sleiman), faces deportation from the United States to his home country of Syria. See Jeffrey Lyons's interview with Richard Jenkins on his starring role in the film at Lyons and Bailes Reel Talk website.

H-2B Petition Count for FY 2009

2008-11-26T08:58:00.000-08:00

According to a posting on the USCIS website, as of 11/21/2008, 10,265 petitions have now been counted toward the 33,000 cap for the second half of Fiscal Year 2009. The cap for the first half of Fiscal Year 2009 was reached on 7/29/2008. A total of 66,000 visas were allotted for Fiscal Year 2009. It should be noted that a foreign national who changes status to an H-2B nonimmigrant classification is counted against the cap.

As the USCIS website indicates, the H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. USCIS regulations allow for filings 6 months in advance. However, H-2B petitioners first must obtain a temporary labor certification from the Department of Labor (DOL). DOL regulations stipulate that the application for temporary labor certification may not be filed more than 120 days in advance of the need for the employee to ensure the accuracy of the labor market test. Thus, USCIS normally begins receiving H-2B petitions with employment start dates in October in June or July.

Holiday Travel

2008-11-26T07:14:00.000-08:00

I've had several immigration clients asking about travel to their home countries for the holidays, and I thought it would be a good idea to remind everyone about the requirements. I recommend that those who are about to travel read today's reminder on the American Immigration Lawyers' Association's website from USCIS regarding travel on Advance Parole. It would also be a good idea to read the Emergency Travel page on the USCIS website. Most importantly, keep in mind that you must meet admissibility standards in order to reenter the United States after your travel abroad. Be sure to read your Advance Parole document carefully, especially the warnings. An Advance Parole document does not guarantee that you will be allowed to reenter. For example, if you have too many days of unlawful presence in the United States, you could face a three-year or ten-year bar of inadmissibility. If you're not sure whether it's safe to travel, contact a qualified immigration lawyer.

How to Choose an Immigration Lawyer, Part 1

2008-11-24T07:46:00.000-08:00

Have you ever had difficulty trying to find the right professional to help you with your specific problem? This is common since frequently the very reason we seek professional expertise is because we do not have the required expertise ourselves. Therefore, I think it would be a good service to provide you with some tips on how to choose a good immigration lawyer for your specific situation.

First and foremost, make sure that your immigration lawyer is licensed. Most immigration cases involve federal law so it may not be necessary to hire a lawyer who has an office in your particular state. In fact, it is sometimes the case that you will hire a lawyer in one state who might then have to travel to another state to represent you in court. The Board of Immigration Appeals permits a lawyer licensed and in good standing in any of the fifty states or the District of Columbia to practice before Immigration Judges, file petitions/applications at Service Centers, and handle cases before the Board itself, which is located in Virginia. Basically, if you live in an area without any qualified immigration lawyers, it may be possible to contact a lawyer in another state who can help you. Check your local laws regarding this.

Lawyers must abide by a strict code of professional ethics and may be disciplined if they do not. Whereas, an individual who is not licensed to practice law often has little to lose by not handling your case properly. Further, it may be illegal for someone who is not a lawyer to handle your case. Non-lawyers may be legally authorized to help you in certain circumstances, but I recommend a licensed attorney if you can afford one. I recommend that you ask your lawyer where he or she is licensed and then verify with the proper authority that he or she is, in fact, telling the truth. I have met with individuals who were victimized by someone claiming to be a licensed attorney when, in fact, he or she was not.

Some states have now enacted their own immigration laws. These are generally enforcement-related provisions enacted out of frustration with the federal government's failure to solve the current immigration crisis. If you have a matter that involves state law, then be sure to hire an experienced immigration attorney who is licensed in your particular state. The constitutionality of these laws is now being questioned, but only a lawyer with expertise in the laws of your particular state can properly advise you about this.

Some clients may prefer to meet with their lawyer face-to-face, but this is no longer necessary in many immigration cases as mentioned above. For example, an employer in New York might ask me to handle an H-1B petition for her prospective German employee though my office is located in South Carolina. I would collect the necessary information from her and her employee via telephone, email, or an online questionnaire. Once I have prepared the forms, they would then be sent to her via secure link for her review and signature. The use of telephones, scanners, emails, facsimiles, and online databases have significantly reduced the need for in-person consultations. Since some clients will contact the lawyer from their home country in the first place, immigration lawyers are generally more accustomed to doing business long-distance than many others in the legal profession.

Bottom line, look for a U.S.-licensed attorney to represent you in matters regarding federal immigration law.

Immigration Impact

2008-11-21T09:06:00.000-08:00

The Immigration Policy Center has announced the launching of its new blog, Immigrant Impact. The purpose of the blog is to provide up-to-date information on the immigration debate, paving the way for immigration reform.

New Website Helps Immigrants Learn English

2008-11-12T07:14:00.000-08:00

The U.S. Department of Education has launched a new website at www.usalearns.org to help immigrants learn English. As a volunteer English tutor myself, I'm happy to see our government take an interest in the education of immigrants. The ability to speak English helps immigrants deal with emergencies, make American friends, obtain better jobs, and obey our laws, among other things. As a lawyer, I understand the power of clear and effective communication, and I feel strongly about my duty to help everyone learn to read, write, speak, and understand English. It is my goal to inspire immigrants (and fellow Americans as well) to learn English well and use the language to improve their daily lives and society. From communicating effectively with one's doctor to reviewing contracts carefully to enabling our citizens to make informed decisions in the voting booth, good English skills are important. According to the press release on the U.S. Department of Education's website, this project completes one of 26 immigration reforms that the Bush Administration stated that it would pursue within the existing law.

Obama Wins!

2008-11-05T07:33:00.000-08:00

Congratulations to president-elect Obama! I believe he will be a great leader and look forward to his presidency. Let's hope he makes immigration reform a priority next year.

2008 Elections

2008-10-30T08:34:00.000-07:00

I'm often asked about which candidates are more supportive of immigrants and immigration reform. I certainly have my own opinions about this (maybe I'll share them soon), but I'd like to first provide you with a link to a page on the American Immigration Lawyers' Association's website, which has valuable information on where this year's candidates stand.

New Charlotte Immigration Court

2008-10-28T08:45:00.000-07:00

The new Charlotte Immigration Court is scheduled to open on November 4th, 2008. Click here for the U.S. Department of Justice Media Advisory.

NESL's Immigration Project Amicus Brief Successful

2008-10-20T11:10:00.000-07:00

A professor at New England School of Law (my alma mater) and several students were successful in pursuading Attorney General Michael Mukasey to overturn a lower court decision in Matter of A-T-, a case involving an asylum claim made on the basis of past female genital mutilation (FGM). Both the Immigration Judge on the case and the Board of Immigration Appeals had denied the woman's claim reasoning that she could not be subjected to FGM again since she had already been subjected to it. Attorney General Mukasey overturned the decision, accepting the argument that the harm of FGM is ongoing. Please see the article on NESL's website.

U.S. Immigration and Customs Enforcement News Release on Greenville, SC Raid

2008-10-10T13:16:00.000-07:00

According to a U.S. Immigration and Customs Enforcement News Release dated October 9, 2008, 331 were arrested at the search of the South Carolina poultry processing plant in Greenville, SC. Please take a look at the release for the details. See also our prior post on this subject on October 7th.

ICE Raid at Columbia Farms in Greenville, SC

2008-10-07T11:49:00.000-07:00

According to Paul Alongi's article at GreenvilleOnline.com, Immigration and Customs Enforcement agents raided Columbia Farms, a chicken processing plant in Greenville, South Carolina this morning.

Dobson Immigration Law & Policy, LLC

2008-09-26T08:37:00.000-07:00

Dobson Immigration Law & Policy, LLC is now open for business. At my new South Carolina firm, I will practice federal immigration law exclusively. We have now updated our blog to reflect the new name, address, and contact information of our firm. We look forward to serving clients from South Carolina and around the world.

Meanwhile, our firm's website is under construction. We are updating it to include the firm's new information. We expect to have it up and running very soon.

New Office on Hilton Head Island

2008-08-23T22:22:00.000-07:00

For nearly three years, the Law Office of Kenneth Craig Dobson has been a general law practice focusing primarily on Immigration and Nationality Law. It has been our privilege to serve clients around the world from our New York City office. We will be closing our New York City office at the end of August and opening our new office on Hilton Head Island, South Carolina on September 1, 2008. At our new office in South Carolina, we will practice U.S. Immigration & Nationality Law exclusively. Our new address will be:

Kenneth Craig Dobson, Esq.
2 Corpus Christie Place, Suite 200
Hilton Head Island, SC 29928

SCAJ Annual Convention on Hilton Head Island

2008-08-12T13:37:00.000-07:00

Last week, my wife and I attended the SCAJ Annual Convention on Hilton Head Island. We had a great time and met many SC trial lawyers. Some of the attendees also practiced Workers' Compensation law and Social Security Disability law. There were many great speakers at the conference, and I learned a lot from them about trial practice and lawyer ethics. The keynote speaker was Erin Brockovich, portrayed by Julia Roberts in the 2000 film. For those of you who have not seen the film, I highly recommend it. Ms. Brockovich made an excellent speach reminding us of our responsibility to take care of our earth, specifically our water supply.

Expanded Visa Program for Iraqis

2008-07-26T09:41:00.000-07:00

On July 24th, the U.S. government announced that it had expanded the visa program available to Iraqis who are now in danger due to the assistance that they provided to U.S. operations there. The number of visas available has been increased from 500 to 5,000. Principal immigrants may also bring immediate family members along with them, making the number of Iraqis coming to the United States under this program much higher than the original 5,000. For more on this, see U.S. Expands Visa Program for Iraqis by Alissa J. Rubin.

Gerry Spence's Blog

2008-07-23T12:34:00.001-07:00

I am delighted to report that Gerry Spence, quite possibly the greatest trial lawyer in the country, has started his own blog. Not surprisingly, his blog posts are very interesting and uniquely his own. I encourage my readers to take a look and see what they think.

I first learned of Gerry Spence while I was in high school when he was commenting on the O.J. Simpson trial for a TV news show. I was fascinated by him, and eventually bought one of his books, How to Argue and Win Every Time. I read the book after my freshman year in college, and it was during that time that I gave very serious thought to becoming a lawyer. I have since read two more of his books, The Smoking Gun and The Making of a Country Lawyer. We sometimes mention on this blog how the deck is stacked against immigrants and the poor in this country. For a very insightful perspective on how it's no different for the poor (and even middle class) involved with the civil and criminal court systems in the United States, I highly recommend that you read the above-mentioned books.

In his most recent (and what Mr. Spence says will be his last) criminal case, he defended famed lawyer Geoffrey Fieger against charges of conspiracy and illegal campaign contributions. Mr. Fieger was acquitted on all counts. For more on this, see the following article from The Detroit News: http://www.detnews.com/apps/pbcs.dll/article?AID=/20080602/METRO/806020407&imw=Y. According to the article, Mr. Spence will now retire having never lost a criminal case. Mr. Spence is a brilliant trial attorney. As he frequently points out in his books, there is no substitute for extremely thorough preparation. Whether it is criminal law or immigration law, careful and thoughtful preparation is the key.

South Carolina's Illegal Immigration Reform Act

2008-07-15T19:17:00.000-07:00

For those of you who would like to read South Carolina's immigration bill signed into law in June of this year, here's the link: http://www.aila.org/content/fileviewer.aspx?docid=25889&linkid=180190.

New York Times Article on Employers' Response to Crackdown

2008-07-06T14:32:00.000-07:00

Today's New York Times article by Julia Preston describes the response employers have had to the recent crackdown on illegal immigration. The article describes how employers are making some progress in combating the wave of legislation and enforcement unfavorable to them. Employers are experiencing increased enforcement at both the state and federal levels. Adding to the difficulty for employers are the sometimes conflicting state and federal rules. Among the more extreme measures, Mississippi has become the first state to make working as an illegal immigrant a felony. The article even mentioned a bill in the Arizona state legislature that would have created its own state guest worker program, clearly a violation of the U.S. Constitution.

If the federal government does not act quickly, the number of states taking action on illegal immigration will only increase. This will add more confusion to the already complex field of immigration law. While some state legislatures could already be overstepping the limits established by the U.S. Constitution, it will take years to sort the through the tangle of state and local laws now being enacted. We need a comprehensive solution to the immigration problem at the federal level; a solution that will allow honest employers to legally hire the workers needed.

Martha Stewart's UK Visa Denied

2008-07-03T07:04:00.000-07:00

Martha Stewart was recently denied a visa to enter the United Kingdom as a result of her criminal convictions involving the sale of ImClone Systems Inc. stock in 2001 according to an article on cnn.com. She has stated on a recent posting at The Martha Blog that she hopes to have the visa issue resolved soon so that she can fulfill her upcoming business obligations in the United Kingdom.

Immigration Enforcement in Beaufort County

2008-06-29T15:19:00.000-07:00

According to an article by Michael Welles Shapiro on http://www.islandpacket.com/, Beaufort County, SC has been checking businesses' employee immigration documents. The article stated that the most severe penalty under the county ordinance is taking away the license of the business, though this has not occurred yet. It also mentions that the county's sheriff has established an ICE task force that will have the ability to enforce immigration laws. The article did not mention any specific enforcement actions taking place on Hilton Head Island. Rather, it was implied that the audits occurred only in unincorporated parts of the county.

It is important to note that under federal law employers are required to maintain proper documentation regarding the work authorization of their employees regardless of whether they employ immigrants. In other words, even if an employer has only U.S. citizen employees, proper documentation (I-9 Forms) must be maintained. Employers who would like to verify that they are compliant with federal immigration regulations should contact a qualified immigration lawyer.