It is always worth taking a moment to celebrate when government gets something right. The Department of Homeland Security just did when it announced recently that its pilot Global Entry program will not only become permanent by March 7, 2012 but also expanded to include children under the age of 14. Through Global Entry, Washington has finally achieved its long-sought-after goal of providing expedited immigration and customs clearance to pre-approved, low-risk travelers coming into the U.S.
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On Wednesday, January 4th, the U.S. Customs and Border Protection (CBP) issued a rather unusual press release. Essentially the CBP labeled reports in a Canadian newspaper that someone had gotten into the United States by presenting only a digital image of his passport as “categorically false.” read more
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Lately, the issue of immigration enforcement is getting a lot of much-needed attention, though not necessarily the kind hardliners might like. In Alabama, for instance, in the span of less than two weeks, officers arrested not one but two managers of foreign automakers doing business in the state. These moves were ostensibly justified by the “Alabama Taxpayer and Citizen Protection Act,” also known as the "Beason-Hammon Act." This law, enacted in June, is widely regarded as the most draconian of all state immigration laws to date.
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These days, it may seem that common sense is tougher to find in Washington than blue crabs in January. But in at least one agency, common sense seems to be finding its way into its policy making. On Nov. 17, the chief lawyer for U.S. Immigration and Customs Enforcement issued a new written directive calling on prosecutors to exercise more restraint, and yes, common sense, when it comes to deciding whether to deport individuals in the U.S. illegally. His announcement backs up an earlier statement by Homeland Security Secretary Janet Napolitano before the House Judiciary Committee that she and the Attorney General have formed working groups to focus on prioritizing some 300,000 deportation cases already pending. read more
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On November 4, 2011, Immigration and Customs Enforcement (ICE) announced that it is making significant headway recruiting large corporations to join its employment-compliance program, dubbed ICE Mutual Agreement between Government and Employers program, or “IMAGE.” ICE said 22 employers are now in the process of becoming IMAGE members, including Best Western International, Lexmark, and Kelly Services. read more
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Employers frequently encounter hurdles when trying to bring foreign professionals into the U.S. for legitimate, and often urgent, reasons. These hurdles include convincing the U.S. Citizenship and Immigration Services (USCIS) to approve an employer’s visa petition where required, and then getting the consular post to decide that the employee is entitled to receive a visa. read more
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At a time when global competition for talent is at its fiercest, there isn’t a country that couldn’t use a more efficient and effective way to process work visas, especially for foreigners filling temporary positions. Almost across the board, systems are so cumbersome and protracted that they almost negate the reason behind requests for these visas, which is to fill a short-term employment need. read more
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Ever since Congress made employers responsible for verifying employment eligibility in 1986, we at Fragomen have been training employers on how to stay out of trouble. To emphasize the need for strict compliance with the paper-driven enforcement scheme, we often would tell human resources professionals and in-house lawyers to “forget about common sense and listen to what we say instead!” read more
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One issue that continues to confound immigration lawyers and human resource professionals alike is what to do upon discovering that an employee’s Social Security number and name do not match the records in the government’s database.
Our frustration stems from a relatively simple and all-too-common problem: The federal government does not speak with one voice. read more
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With the 10th anniversary of the “9/11” attacks approaching, we are reminded of not only the horrific scenes and lives lost at ground zero, but also of the lives that are forever changed as a result of that day. read more
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