Travel Report: AILA in Seattle

This year I had the great opportunity to attend the annual fall conference of the American Immigration Lawyers Association (AILA), held in Seattle, Washington. The theme of the conference this fall was “Mastering the Art of Removal Defense,” and consisted of an all-day Continuing Legal Education program designed to provide attorneys with a review of the basics of representing immigrants in removal proceedings as well as the latest developments in the law. The program also included a report from several attorneys who had recently volunteered for the hundreds of mothers and children detained at the Artesia facility as well as an update on the lawsuits filed recently to try to shut down that facility and put a stop to the expedited deportation practices of the Obama administration in response to the border surge.

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India's New Prime Minister Visits the US (After Visa Denial)

India's recently-elected Prime Minister, Narendra Modi, visited the US arriving last week. It was a whirlwind tour featuring appearances at the United Nations, Madison Square Garden, the White House, and an impromptu stop at the Global Citizen Festival in Central Park. He even co-authored (with President Obama) an op-ed for The Washington Post, where they proposed "to find mutually rewarding ways to expand our collaboration in trade, investment and technology that harmonize with India’s ambitious development agenda, while sustaining the United States as the global engine of growth." And perhaps the ultimate sign of welcome, Jon Stewart covered the visit in his own unique style.

But he wasn’t always welcome in the US with such open arms. In 2005, when Mr. Modi was the Chief Minister of Gujarat, he was denied a visa to the US under regulations that denied visas to those who were believed to have committed “particularly severe violations of religious freedom.” (The denial of this diplomatic visa also resulted in his visitor visa being revoked, effectively resulting in a visa ban.) The accusations arose out of claims that Mr. Modi stood by or even encouraged religious riots in which over 1000 people, mostly Muslim, were killed. Mr. Modi denied all wrong doing and was eventually cleared of all charges.

When Mr. Modi was elected as Prime Minister of India, however, he was invited to the US and granted a diplomatic visa.  The Obama administration was keen to overlook the visa ban as a decision of the previous administration. During his visit to the US, Mr. Modi even made reference to his past visa difficulties, “saying he understood when fellow Indians complained of problems obtaining a visa.” Given his understanding of the visa process, we hope that he talked to President Obama about how to get more H-1B visas, which are typically used in large percentages by Indian nationals. At any rate, Mr. Modi said: "'My visit has been very successful.'"

Fluffernutter

"I love American people. There is something so earnest about them. They’re nice, gentle, and really kind. Of course, you have assholes everywhere. But being nice is something good—and that is very American...I love diners. I love the big roads. But the last time I was in New York, I had to go all the way to Harlem for Cheez Whiz. Everyone in New York is so into organic foods, being healthy, that I had to go to Harlem to find marshmallow fluff. I love fluffernutter sandwiches."

- Marjane Satrapi, Author

A Walk on the High Line

It’s one of the last warm mornings in September. Fall is coming, I know, but today is hot and humid, and I’m going to enjoy it. I begin my walk on the High Line in the Meatpacking District near our office—Gansevoort and Washington Streets, where workers are finishing up construction on the new Whitney Museum of American Art building, scheduled to open in 2015. I ascend the “slow stairs” (called this because of the long and gradual ascent through the beams and structure) and enter the High Line at the Gansevoort Woodland, which has raised planting beds with greater soil depth for the Pennsylvania sedge and redbud trees that grow in this area—at least so says the High Line Field Guide published by Friends of the High Line.

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USCIS: Changes to Ink Color for Some Immigration Stamps

This is, of course, more secure than the red ink.

This is, of course, more secure than the red ink.

After changing the color of the US Citizenship & Immigration Services (USCIS) Request for Evidence pages from blue to yellow, I-797 receipt notices from swirly paper (an industry term) to white, and redesigning the Green Card so that it is actually green, USCIS has announced another major design change: this time from red to blue. Effective July 1, 2014, USCIS is now reporting, the "older secure red ink was retired" and they began using a "new secure blue ink" for some immigration stamps, including: 

  • Department of Homeland Security (DHS) Parole Stamp;
  • Temporary I-551 Alien Documentary Identification and Telecommunication (ADIT) Stamp;
  • Refugee Stamp (Section 207);
  • Asylum Stamp (Section 208); and
  • Initial / Replacement Form I-94 Stamp.

USCIS advises that employers should be aware of this change when examining employee documents during the Form I-9, Employment Eligibility Verification process. USCIS also notes that employers "must accept the documents presented by a worker when completing Form I-9 as long as those documents appear genuine on their face and relate to the person presenting them."

We will keep our readers updated on any future major design changes.

Nation of Immigrants

"America was to be the great experiment, a testing ground for political liberty, a model for democratic government. And although the first task was to mold a nation on these principles here in this continent, we would also lead the fight against tyranny in all continents. This is a great inheritance. It is a proud privilege to be a citizen of the great republic. To realize that we are the descendents of forty million people, who left other countries, other familiar scenes, to come here to the United States to build a new life, to make a new opportunity for themselves and their children."

- John F. Kennedy addressing the Anti-Defamation League

Opinion: Crisis at the Border

The surge in Central American children crossing the US-Mexico border over the last nine months has been all over the news, and has revealed some of the best—and worst—of this country. Surely, the increase in the number of children crossing the border has overwhelmed the US Border Patrol, who are far more used to arresting adults running from them than children running toward them, and are, moreover, entirely unequipped to care for and house these children. In many instances, these children have fled horrific gang violence and crushing poverty, and have come to the US in search of parents that they have not seen for most of their lives. This difficult situation has exposed the fault lines in American politics and given opportunities for people across the political spectrum to show their true colors.

The surge of new arrivals has provided fodder for Republican criticisms of President Obama as an “Amnesty President.” The president’s meager administrative measures to provide relief to the undocumented are blamed for fueling rumors that children will get a “permiso” if they can make it to the other side of the Rio Grande. (Calling Obama the “Amnesty President” is, of course, baseless posturing given the hard cold facts that many more people have been deported under the Obama administration than during any of his predecessors’ administrations, notwithstanding recent reports that deportations have actually decreased 20% in the last year compared to the year before).

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