PA Law Blogs » Immigration Law

Pennsylvania Immigration Bill Modeled after Arizona’s New Law

Admin2 — Mon, 07 Jun 2010 12:00:36 +0000

Rep. Daryl Metcalfe, who has sponsored a proposed Pennsylvania immigration bill similar to Arizona’s controversial law, has defended it saying that it will not result in racial profiling. The proposed immigration legislation – House Bill 2478 – will create new state offenses for being in the country illegally, for human trafficking and for applying for work while being an illegal immigrant.

According to a news report in The Express-Times, while Metcalfe defends his proposed bill, leaders in the local Latino community say that what is needed is comprehensive reform, not a law that will pose a potential threat to people’s civil rights.

The bill will also require all employers to register for and use a Web-based system operated by the Department of Homeland Security to verify a person’s immigration status and eligibility to work in the United States. In addition, the bill proposes mandating any agency that offers public assistance to verify a person’s immigration status.

There is no question that this is going to be a significant issue not only in Pennsylvania, but nationwide. Even as President Obama is inviting Republicans and Democrats to sit down and work on immigration reform, individual states such as Arizona seem to have taken matters into their own hands. As this issue progresses, it is the duty of immigration lawyers and other legal professionals to ensure that the rights afforded to everybody in this country by the U.S. Constitution are protected and upheld.

Pennsylvania Up Next for Immigration Reform?

Envoca — Wed, 12 May 2010 17:34:07 +0000

One of the most heated issues of concern as of late throughout the country circulates around immigration reform. Ever since Arizona’s new illegal immigration law was approved, debate and protest has increased along with other states examining their own legislation. Within what appears to be somewhat of a tug-of-war over immigration reform, some officials believe that Pennsylvania will only be hurt by waiting for a national resolution to immigration matters. On the other hand, others firmly stand behind preventing any more states like Pennsylvania from having lawmakers act on federal issues of immigration.

A WFMZ article discusses various other matters relating to potential reform for immigrants residing in Pennsylvania. The article mentions that supporters of an immigration bill in PA would like to see it made a crime for illegal immigrants to be discovered without proper documentation. However, those in opposition of this approach believe that illegal immigrants should not simply be tossed out of the state. Based on the article, the executive director for the Governor’s Advisory Commission on Latino Affairs stated that the governor noted that any bill which is unconstitutional will not be approved.

Additional discussion of immigration reform is addressed in a York Dispatch report in which PA’s immigration reform proposal would also require proof of citizenship for an individual to receive financial aid, housing, and food stamps. Any employer found to have illegal immigrants on-staff would be fined. In addition, individuals who are found to transfer illegal immigrants for profit would potentially face a jail sentence and vehicles used in the process would be taken.

While the federal government continues to work towards a solution for immigration reform, it is evident that some states are becoming impatient. Legislators in Pennsylvania began their debate in Reading, and it was reported that local leaders will be holding meetings and discussions in Allentown and Bethlehem in upcoming weeks.

The Pennsylvania Immigration Resource Center notes that the Department of Homeland Security detains about 1,600 immigrants in Pennsylvania at eleven county prisons, two federal facilities, and a locked family shelter in Berks County. While Pennsylvania clearly does not have the same problems with border control that Arizona does, a prominent immigrant population does exist. Immigration lawyers and other legal professionals work to ensure that the constitutional rights of all individuals are not infringed upon.

Illegal Immigration Act SB 1070 Approved in Arizona

Envoca — Thu, 15 Apr 2010 10:00:00 +0000

In what is being referred to as the harshest measure in the United States against illegal immigrants, SB 1070, Arizona’s new Illegal Immigration Act, has drawn much national and local support as well as much opposition. The bill was approved 35 to 21 on April 13, 2010 in the state House of Representatives and the state Senate approved a comparable measure which should be signed by Republican Gov. Jan Brewer any day now.

Under the new measure, it will be a misdemeanor offense in Arizona to be without proper immigration paperwork. Additionally, police are now allowed to distinguish an individual’s immigration status if they develop a “reasonable suspicion” that a person is an illegal immigrant. The later part of SB 1070 has some speculating the potential of an increase in racial profiling by law enforcement.

Before the bill’s passing, officers have only been allowed to ask someone about their immigration status, and only if that individual is a suspect in another crime. What interests several citizens and immigration law professionals is that the bill provides officers the option to overlook any immigration issues if they believe it would be unreasonable or restrict another criminal investigation.

While Arizona’s border with Mexico is notorious for being the busiest spot of access for illegal immigrants into the U.S., according to an article, the state police chief’s association opposes the bill. They are concerned that immigrants who are potential witnesses will trust law enforcement less than they did before. Meanwhile, police unions support the bill.

Strict immigration laws in Arizona are not a new occurrence. It became a crime in 2009 for any government worker to provide inappropriate benefits to an illegal immigrant, and in 2006, it became a law that companies would be dissolved if they displayed a pattern of hiring illegal immigrants.

In adding to the state’s efforts to enforce immigration control, the new measure will greatly influence several employment, housing, criminal, and economic factors in Arizona, and perhaps even in other states in the coming months if others decide to pursue similar action.

Latinos Leaving Two Counties in Atlanta-Metropolitan Region

Admin2 — Thu, 08 Apr 2010 12:00:52 +0000

The Hispanic immigrant population in Gwinett and Cobb counties is shrinking as stepped-up law enforcement and brutal economic conditions take their toll. Last year, Gwinnet County law enforcement officials began screening prisoners on immigration status, becoming the fourth county in the state to do so. Undocumented inmates are being held for processing by federal immigration officials under the new policy. According to a piece in The Atlanta Journal-Constitution, 464 prisoners in the county illegally were discovered by the sheriff’s office. However, the number of inmates from foreign nations has declined sharply in recent months, down 32 percent from 2008.

The reduction in the immigrant prison population could be a sign that immigrants are fleeing the county to escape from deportation or that they are simply staying out of the way of law enforcement. Cobb County started the same program in 2007 and found more than 6,000 alleged illegal immigrants. Enrollment in English learning programs in public schools in Cobb and Gwinnett counties has remained flat during recent years after a prolonged period of steady growth. Nonetheless, these same English language programs have witnessed an increase in other Atlanta metro area schools that do not have tough immigration policies in place.

However, rough economic conditions could also be playing a factor. Because of their undocumented status, it is difficult to track illegal immigrants. Anecdotal evidence, such as businesses closing and declines in church attendance, suggest that immigrants are leaving Cobb and Gwinnett, which both suffered considerable economic losses. Immigrant businesses owners report a steady decline in customers since the financial crisis began. Occupancies at rental properties in immigrant neighborhoods are also on the rise, further suggesting a trend. A local organization that helps immigrants reported that it has seen a rise in the number of people seeking advice about moving out of the area in the last six months.

U.S. and Mexico Team Up to Battle against Drug Network

Admin2 — Mon, 05 Apr 2010 12:00:32 +0000

Border agents from the U.S. and Mexico are devising strategies to curb the drug trade through a new program in Arizona. A new report from the Director of National Intelligence examines the scope of the problem. About 90 percent of cocaine that comes into the U.S. from South America passes through Mexico first, the report said. The Mexican and Colombian drug peddlers are generating billions of dollars each year from selling their product in the U.S. In addition, the drug trade provides a source of money and power to gangs in Mexico, according to an article from the California Independent Voter Network.

The director’s report raised concerns about violence from the drug trade spilling over into California and across other border states if the problem is not controlled. However, Mexican President Felipe Calderon has made fighting the war on drugs a primary component of his administration’s policy concerns, stating that drug cartels need to be destroyed in order to destabilize their power. An acute political urgency exists on both sides of the border to get a handle on the drug trade.

U.S. Border Patrol officers and Mexican government agents are coming together to train agents and exchange information in patrolling the border between Arizona and Mexico. This enforcement model might be adopted by other states bordering Mexico, including California, if it proves to be successful. Top Mexican and American government officials came to an agreement recently stating that the Arizona program is likely to expand to other states. One consequence of this enforcement model is that immigration law offenders could be penalized more often.

However, corruption among Mexican border patrol agents could be a concern for the U.S. when sharing intelligence on the drug trade. This is just one hurdle that will need to be crossed for his historic program to be effective.

Arizona Sheriff Clashes with Federal Government on Immigration

Admin2 — Thu, 01 Apr 2010 10:00:40 +0000

An Arizona sheriff will deny the federal government’s attempt to rein in his strict enforcement of illegal immigration. Last year, a branch of the U.S. Department of Homeland Security took away Maricopa County Sheriff Joe Arpaio’s ability to use 100 of his 881 deputies to enforce U.S. immigration laws within the boundaries of his jurisdiction. Maricopa County includes Phoenix, the state’s largest city. The federal agency took this measure because of Arpaio’s intense pursuit of illegal immigrants, a move that came under fire from human rights activists. The U.S. Justice Department is also examining whether Arpaio used racial profiling in his immigration crackdowns.

However, Arpaio will not cede to federal authority and claims that he will continue to use his deputies to enforce immigration laws, according to a report in the Wall Street Journal. He said that his officers are merely enforcing the laws handed down from Washington. The disagreement is in part due to a provision referred to as 287g, a federal program that instructs local police in identifying immigration law violators. The course was supposed to zero in on the serious criminal offenders. However, the program was chided for encouraging racial profiling and allowed local law enforcers to hunt down anybody suspected of illegal immigration. In particular, Mr. Arpaio became notorious for his aggressive tactics, but he denies ever engaging in racial profiling, adding that his officers will be trained to avoid this practice.

When they tried to limit Sheriff Arpaio’s power, the federal government restricted his deputies’ capacity to check the immigration standing of people during the normal course of their duties. The officers still have the ability to verify the immigration status of inmates at the county jail. Arpaio has teamed up with prominent law professor Kris Kobach, a law professor who acts as a national proponent for harsher penalties against those who violate immigration laws.

Lawyers Assist Haitians in Deportation Cases

Admin2 — Wed, 24 Mar 2010 16:00:24 +0000

Attorneys in Nassau County, NY, are educating the local Haitian community on ways to avoid deportation. At a program at their Mineola headquarters, the Nassau County Bar Association informed Haitians about the Temporary Protective Status program, a government-run initiative that allows immigrants to stay in the U.S.

According to an article in Nassau County Network, the function of the program is to allow immigrants living in the U.S. to send money to their families in Haiti to help them rebuild after a devastating earthquake crushed that island nation last month. TPS allows all Haitian immigrants, including those not legally in the country, to remain in the U.S. for at least the next 18 months, giving them more time to get a green card. The U.S. offers about 50,000 green cards each year, which allow immigrants to live and work legally. The Haitian population is about 130,000 people in the state of New York. However, thousands reside in the state illegally, making the real number considerably higher.

The NCBA’s program faced some barriers with the Haitian immigrants, including fear and suspicion that any immigration-related event would lead to deportation. A member of the Haitian community helped explain to fellow Haitians that the NCBA program was there to help. Additionally, the information was offered in both English and Creole to ensure language was not a barrier to understanding.

The cutoff date for Haitian immigrants to file the paperwork for TPS is July 20. Past TPS programs to assist immigrants from other nations, such as Honduras and El Salvador, lasted for as long as ten years, so the program will likely last longer than 18 months. Anyone applying for the program should be weary of attorneys who charge high fees to assist with the paperwork, as reasonably priced services are available. The seminar also offered free legal counsel to Haitians seeking such services.

Christian Leaders Push for Immigration Reform

Admin2 — Wed, 17 Mar 2010 22:25:22 +0000

Chief Executives of Church World Service and the National Council of Churches are pushing for comprehensive immigration reform, in response to what they referred to as a divine mandate. The leaders sent letters to the 36 communions of their groups stating that immigration reform should be a primary concern of the Christian community.

The letter from Rev. John L. McCullough, Executive Director and CEO of CWS, and the Rev. Michael Kinnamon, General Secretary of the NCC, demonstrated concern for the millions of immigrants living in the United States who have no clear path to citizenship and cannot be with their families, according to a press release at Worldwide Faith News. They wrote that this is a key period of time that demands action from Christians to help disenfranchised peoples.

Leaders of the two organizations joined with many other religious groups in demanding reform, including the U.S. Conference of Catholic Bishops, the National Association of Evangelicals and the National Hispanic Leadership Conference, along with millions of other religious people. They also called on the leaders of their communions to consider hosting prayer vigils to pray for immigrants, dedicate church lessons or sermons to the subject of immigration reform, and to contact legislators urging immigration reform to be a priority. The letter often quotes Bible scripture as support for policy changes, urging members to show Christian love toward those marginalized in society.

The leaders also encouraged members to attend Ecumenical Advocacy Days from March 19 to March 22 and a rally for immigration reform March 21. Both events take place in Washington, D.C. President Barack Obama and members of Congress have stressed the urgency for immigration reform. Legislation, such as the Comprehensive Immigration Reform for Americas Security and Prosperity, was recently introduced – a move the religious leaders said was encouraging. McCullough and Kinnamon wrote that they favor reform that respects the civil rights of immigrants.

I Want to Adopt an Earthquake Orphan!

Admin2 — Mon, 15 Mar 2010 12:00:18 +0000

In the aftermath of the January 12 Haitian earthquake, the Department of State has been bombarded with inquiries from concerned Americans who want to help orphaned children by adopting. However, the Office of Children’s Issues, United States Department of State advises that adopting may not be the best way to help at this time.

Here are some questions to ask when considering adopting a child from an area that is in the aftermath of a natural disaster:

Will adopting the child be the best solution for him/her? A child can draw inner security from a familiar environment, familiar adults, weather and language. Even if you offer a child a very loving, caring environment, your home may not be the place where he/she can feel the most secure, although not by any fault of your own.
Will the adoption be a cost-effective solution? It is often a more cost-effective, conscientious decision to care for children in their local environment than to uproot them and bring them to the U.S. for adoption. While these children may not live in “first-world” conditions, you can provide an option where they can grow up safely and feel secure in culturally familiar surroundings.
Is it certain that the child is truly an orphan? In the aftermath of a natural disaster, sometimes parents are located years later. Taking a child away from his/her birth country could deny the child the chance to reunite with his/her biological parents.
Have you considered all of the potential issues that could arise from adopting a child who comes from a deprived country such as Haiti? Malnutrition and poor education can create issues such as developmental problems. Integrating children with these issues into Western society could be problematic in the way of school and future independence.

You can help in other ways. As an alternative to adoption, consider making a monetary donation or a donation of time to an established, reputable humanitarian or relief organization that works in that country. Your dollars will be greatly appreciated in the relief effort.