New York Times: “Ailing Vermont Town Pins Hopes on Mideast Refugees”

In late 2015, when thirty governors from states across the country announced they didn’t want to resettle Syrian refugees, Christopher Louras, the mayor of Rutland, Vermont, sent the state’s Democratic governor a text. That text was to see if they could bring refugees to Rutland, a small town in rural Vermont. In September last year the State Department officially selected the city as a resettlement site. “I saw that as an opportunity to grow our population, bring in individuals, families, new Americans from Syria who have a strong work ethic, who were fleeing for their lives and looking to rebuild those shattered lives,” Louras tells the New York Times.

Rutland, with a population of 15,824, has lost residents since 2000. Some Rutlanders including Mayor Louras see refugee resettlement as an economic remedy to their shrinking city, while others are concerned about whether the city can absorb the newcomers. “Rutland’s demographic condition right now is not just one of a declining population, but it’s also a graying population,” says Louras, who became the mayor as a Republican, but is now an independent. “We need people.” 

The plan has divided the city. Rutland First, an organization opposed to the refugee resettlement, says that they “are a group of sympathetic and deeply concerned Rutland residents, who understand the sufferings and displacements not only of Syrians but of other in strife-torn areas of the world” but that nevertheless “do not think this decision should be based on feelings of kindness.” They explain

We are aware of burdens experienced by some communities who have accepted refugess as well as difficulties of those resettled. We think we must understand facts that have not been forthcoming and must consider the consequences of refugee resttlement in our City. Rutland has numerous unaddressed problems.

Members of Rutland First claim their concerns are strictly economic. “We’re kind of stuck out here, with our level of economic depression, with our level of crime and drug issues,” Timothy Cook, a doctor and an Army Reserve colonel who is part of Rutland First, says. “We’re the ones who are gonna have to foot the bill for this.” There are, of course, others who oppose Syrian resettlement. President-Elect Trump made a campaign process to suspend the resettlement of Syrian refugees in the US.

Rutland isn’t the only city welcoming refugees and immigrants for economic reasons. Cities in the Rust Belt, such as Pittsburgh and Dayton, Ohio, as well as in Maine and upstate New York, have set up services and organizations to connect immigrants and refugees with job opportunities. “Over the last couple of decades, especially in the last ten years, places have started to develop strategies to attract and retain immigrants and resettle refugees in order to boost their economic activity,” Audrey Singer, a senior fellow at the Urban Institute who has studied refugee resettlement in American cities, tells the New York Times. “We’ve seen a few neighborhoods kind of turn around because of immigrants and refugees moving in,” Melissa Bertolo, the coordinator for Welcome Dayton, says. She says that cities in the Rust Belt are “all looking at how immigrant integration plays a part in the revitalization of a city.”

I think we’re right on the beginning of the cusp of serious, serious labor problems,” Art Woolf, an associate professor of economics at the University of Vermont, says. He believes that the state’s unemployment rate, at 3.6 percent, is a sign of trouble to come. “We’re low because there’s nobody available to work.” Additional population loss could potentially make it more difficult for the remaining major employers, including General Electric plants that make aircraft engine parts and the Rutland Regional Medical Center, to stay. Resettlement, says Lyle Jepson, the executive director of the Rutland Economic Development Corporation, is “supporting people when they need help.” But he says: “Frankly, we need help. We need people to join our community.”

Ways to Support Immigrants and Refugees in America

It’s now been nearly two months since the US presidential election. Since that time, immigration attorneys have been discussing among themselves what they can do to help immigrants and refugees before and during the Trump presidency. Our firm’s attorneys will certainly be doing all we can, but it’s not only those with a law degree who can help and support immigrant members of our communities.

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NPR: "How One US Group Turns Migrants Into Employees"

When Almothana Alhamoud, a thirty-one-year-old Syrian data analyst, arrived in Chicago two years ago after fleeing the Syrian war, he took the first job offered him: a nightshift cashier at a convenience store. "When I came over here I just want to find anything to survive," he tells NPR over dinner with his family, who followed him to Chicago and are now applying for asylum. "It was cold and it was the worst winter I ever seen in my life. I was struggling there.”

Although Alhamoud holds a bachelor's degree in computer engineering and had a career as a data analyst for Syria's Agriculture Ministry, he discovered his degree was not recognized in the US. At job interviews in Chicago he struggled with his English.

It’s common for many refugees and immigrants to the US to face difficulties in their professional life as they adjust, and many take low-paying and low-skill jobs that are not commensurate with their education and experience. According to a new report from the Migration Policy Institute in Washington, nearly 1.5 million college-educated immigrants were employed in low-skill jobs between 2009 and 2013. Commonly referred to as “brain waste,” Michael Fix, the Migration Policy Institute’s president, tells NPR that these workers in low skill jobs represent a tremendous loss to the US economy. In terms of income, these workers "lost 40 billion dollars a year, or about the same amount as the entire profit of the airline industry." He adds that the increase in their income would translate into almost $10.2 billion more in federal, state, and local taxes.

One organization looking to solve this problem is Upwardly Global, a nonprofit with headquarters in New York that helps immigrants and refugees rebuild their careers in the US. Over the past ten years, this organization has successfully placed 3,700 applicants in their first professional positions, says executive director Nicole Cicerani, with jobs that pay approximately $45,000 to $50,000 per year. "In all of our employer partnerships, nobody has agreed to hire our candidate. They agree to interview them and they hire them because they wind up being the best candidate for the job," says Cicerani. "That's really something when you think about itthe top candidate was somebody who was working as a hot dog vendor six months prior." 

Cities are starting to take notice. St. Louis, Cincinnati, Detroit, and Pittsburgh are either looking into or starting job initiatives aimed at refugees and immigrants. The Mosaic Project in St. Louis encourages business leaders to hire more international talent, fosters immigrant entrepreneurs, and connects refugees and migrants with professionals for career advancement. Cicerani says that while it is normal in the immigrant experience to "come to this country and sacrifice everything for the next generation," including education and professional advancement, her organization is showing it doesn’t have to be that way. "This is a postindustrial, skills-based economy and the idea is that we want people to do the jobs that we actually need in our economy."

Alhamoud signed up for job workshops at Upwardly Global's Chicago office. He was assigned a mentor, who helped him revise his resume and practice his interviewing skills. After seven months of workshops, Alhamoud found a job with Cox and Kings Global Service working as an IT help desk support technician for a company that processes visas for the Indian consulate in Chicago. "To learn to sell yourself, that's the hard part, it's the work culture thing here," he says. Now, he plans to spend his nights as a student and seek an advanced American degree.

The Japan Times: "Romance dance routine featuring Santa-clad Ambassador Kennedy an instant online hit"

日本で大人気の「恋ダンス」をケネディ大使と一緒に米国大使館、在札幌米国総領事館、在名古屋米国領事館、駐大阪・神戸米国総領事館、在福岡米国領事館、在沖米国総領事館のアメリカ人外交官と職員みんなで踊りました!スペシャルゲストとして熊本県からくまモンも参加し、総勢50名+3キャラクターが出演。是非ご覧ください♪ (撮影協力 熊本県東京事務所 ©2010熊本県くまモン) 音源: 「恋」星野 源 © SPEEDSTAR RECORDS: A Division of Victor Entertainment http://www.jvcmusic.co.jp/-/Information/A023121.html?article=news132#news132

US Ambassador Caroline Kennedy and Embassy staff in Japan made a special Christmas video that has since become a social media hit with over five million views. The video consists of the US embassy version of a koi (falling in love) dance routine from a popular Japanese TV drama series “Nigeru wa Hajidaga Yaku ni Tatsu” (roughly translated as “Running Away is Shameful but Useful”). 

The video begins with Santa-clad Kennedy performing the choreographed dance, and she is joined by various other diplomats and staff from the US Embassy office in Tokyo as well as the Consulate offices in Sapporo, Nagoya, Osaka, Kobe, Fukuoka, and Okinawa. US Embassy spokeswoman Marrie Schaefer says the diplomatic mission was “pleasantly surprised”  at the response to the video, especially considering the video was originally meant to just be shared internally. “This is the holiday season and we try to do something nice and light, and we try to be merry, like Merry Christmas,” Schaefer tells the Japan Times. “Originally we were just going to do something internal, to say ‘Hey guys!’ in the mission… But after it was finished we said, ‘This is good! We should upload it!’ And everyone said, ‘Great idea!’ and so that’s what we did.” A female staffer at the US Embassy filmed and choreographed the movements. “We practiced, but we didn’t have to practice a whole day,” Shaefer says. “We do have other work to do.”  

The dance is inspired by the theme song from the TV drama which features actress Yui Aragaki and actor/singer Gen Hoshino, who also sings the theme song. Hoshino plays an “introvert computer engineer who nurtures love and trust with a woman with whom he gets into a fake marriage.” In a nod to the show, the Embassy video also features one male official wearing eyeglasses and acting like the husband character played by Hoshino.

With this video, the US Embassy joins a growing list of people and institutions across Japan that have joined the “koi dance boom” and filmed and uploaded their own versions. The US Embassy dance video impressed many YouTube users, with some commenting on the “high quality” of the dance and the showmanship. “This would make even (US President-elect Donald) Trump smile,” one user commented. 

It wasn’t just the US Embassy in Japan making cute holiday greetings. Inspired no doubt by James Corden’s “Carpool Karaoke,” the US Embassy in Oslo, Norway released a creative Christmas video. The video features Ambassador Samuel Heins, who is spending his first Christmas in Norway, singer Tone Damli, and journalist Ole Torp, who drive around Oslo singing Christmas carols and practicing Norwegian in their quest to find “julestemming,” a.k.a. true holiday spirit.

Not to be outdone, the US Embassy in Prague posted a video showing US Embassy employees singing one of the best-loved Czech Christmas carols “Půjdem spolu do Betléma” (“We will go to Bethlehem Together”). The video starts with Cultural Attaché Erin Kotheimer and Ray Castillo, Counselor for Public Affairs, breaking into the song. As they walk around the US ambassador’s residence, other employees join them. Finally, Ambassador Andrew Schapiro shows up to wish Czechs a Merry Christmas on behalf of the staff.  

We hope to see more creative videos from Embassy staff worldwide in the future (and, who knows, perhaps one from Daryanani Law Group). Happy Holidays!

The Guardian: “Registry used to track Arabs and Muslims dismantled by Obama administration”

The Department of Homeland Security (DHS) announced last week that it is dismantling the National Security Entry-Exit Registration System (NSEERS), the outdated and discriminatory registration program that required certain immigrants from twenty-five Muslim-majority, Arab, and South Asian countries to register their presence in the US. The final publication of this DHS rule to fully terminate the NSEERS program is the latest move from the Obama administration to place roadblocks in the way of President-Elect Trump, who has threatened to prevent non-citizen Muslims from entering the US and keep them under surveillance inside the US.

As the Guardian explains, the NSEERS program was “one of the most contentious—and widely hated—elements of the Bush administration’s anti-terror policies in the wake of 9/11. More than 80,000 people from 25 listed countries, 24 of which had majority Muslim or Arab populations, were forced onto the scheme in which they were required to provide fingerprints and a photograph and periodically present themselves for in-person interviews with DHS officers.”

Although about 14,000 of those registered individuals were placed into removal deportation proceedings, none were prosecuted for any terrorist activities. Mohammad Jafar Alam, a member of the South Asian social justice group Desis Rising Up and Moving (DRUM) which actively campaigned to dismantle NSEEERS, says he knows from personal experience how it affected individuals and families. “The extreme mental, emotional distress, the financial problems, the pressures on a family and the isolation that happens is a punishment not just for one person, but everyone involved,” he tells the Guardian.

Joanne Lin, legislative counsel with the American Civil Liberties Union (ACLU), which also strongly opposed NSEERS, says it was a “completely failed counterterrorism program. Out of 80,000 men who registered for it, there was not a single terrorism prosecution, yet it alienated Muslim and South Asian communities across the country.”

After DHS and FBI officials concluded it was discriminatory and ineffective, NSEERS was discontinued in 2011. But since the framework for the registry remained in place, the incoming Trump administration could have easily re-instated the program by putting majority-Muslim countries back onto the list. President-Elect Trump has called for a ban on all non-citizen Muslims entering the US, and he has also said he would enact “extreme vetting” for migrants and immigrants from countries deemed to be a terrorism threat. Kris Kobach, the secretary of state for Kansas and one of the original architects of NSEERS, who has been advising the Trump transition team on immigration and anti-terrorism issues, proposed last month that his priority for the DHS would be to “update and reimplement” the NSEERS program. By fully terminating the NSEERS program, the Obama administration is attempting to force Trump to undergo the formal notice-and-comment rulemaking process to implement a similar program; however, “there are certainly ways the Trump administration could impose this rule or a similar one without going through notice and comment,” American Immigration Lawyers Association (AILA) President William Stock tells Bloomberg BNA. “I think there will be parts of the Republican Party who will want to overcome this action by the administration,” he says.

In a statement, AILA says the NSEERS program “led to notorious ethnic profiling and civil rights violations.” Additionally, AILA’s members represented thousands of individuals required to register and witnessed how unjust the program was and how it brought shame to law-abiding individuals. Clients who tried to comply and voluntarily appeared for registration were treated like criminals and subjected to aggressive practices, including being handcuffed, denied access to attorneys, and put in detention. AILA Executive Director Benjamin Johnson says:

It is hard to quantify the immense negative impact NSEERS had on the fabric of our nation. It upended the lives of tens of thousands of business owners, scientists, and family members who were lawfully present in the United States, and all the while it failed miserably as a counterterrorism tool…Rescinding the regulation is a recognition that a dark chapter in our country's history can and should be closed, once and for all.

Royce Murray, Policy Director at the American Immigration Council agrees: “While we can all agree that national security must be a priority, the NSEERS registration program was widely regarded as an ineffective and obsolete counterterrorism tool. The next administration should not repeat the mistakes of the past and institute any discriminatory registry.”

Professor Shoba Sivaprasad Wadhia, director of the Center for Immigrants’ Rights clinic at Pennsylvania State University, believes that rescinding the NSEERS structure will make Trump’s plans more difficult. “At the very least it is going to take time,” she tells the Guardian. “At most it will take a whole lot of time, as it will force the Trump administration to introduce a rule change that could be open to public comment and legal challenge.” Wadhia adds: “This is the best Christmas present I could have asked for."

USCIS Releases New Form Versions, Effective Immediately, With No Advance Notice

Last Friday, December 23, 2016, a day when many law offices were closed and people were traveling home for the holidays, US Citizenship & Immigration Services (USCIS) posted numerous new form versions. The forms all have an effective date of December 23, 2016, and the USCIS website indicates that no other versions of the forms are acceptable, apart from the Form I-129. No prior notice or alert of these changes were provided in advance, and many lawyers and practitioners are understandably quite upset.

The American Immigration Lawyers Association (AILA) contacted USCIS and “made it clear that it should have given notice to stakeholders and to demand a grace period during which prior form versions could be submitted.” AILA also noted that vendors who provide immigration forms programs need time to reprogram and update their case management software systems. USCIS responded that while it “strongly encourages” applicants to use the new version of the forms, they are “aware that there may be older editions of the forms that have already been completed and are in the queue to be mailed and/or filed. USCIS said that it will be flexible and will apply discretion when receipting forms, rather than rejecting them outright.”

Affected forms include: I-90, I-102, I-129, I-129CW, I-129F, I-130, I-131, I-131A, I-140, I-191, I-192, I-212, I-290B, I-360, I-485, I-485 Supplement A, I-525, I-539, I-600, I-600A, I-601, I-601A, I-612, I-690, I-694, I-698, I-751, I-765, I-800, I-800A, I-817, I-824, I-910, I-924, I-924A, I-929, I-942, I-942P, N-300, N-336, N-400, N-470, N-600, and N-600K.

We will provide updates as we receive them.

UPDATE DECEMBER 29, 2016:

USCIS released a statement today regarding the new versions of the forms. The release of the new forms, USCIS says, coincided with the date—December 23, 2016—that the updated fee schedule went into effect. While they “strongly encourage” customers to submit these new form versions—which include the new fees and have an edition date of 12/23/16—USCIS indicates that they will accept prior versions of the forms (with the exception of Form N-400) until February 21, 2017. It’s very important to note that all filings postmarked December 23, 2016 or later must include the new fees or USCIS will reject them.

As for the N-400, Application for Naturalization, they will only accept the 12/23/16 edition. The updated forms are currently available only at uscis.gov/forms, where they can be downloaded for free.