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Archive for April, 2011

1. This bulletin summarizes the availability of immigrant numbers during May. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by April 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

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I bet most of you didn’t know undocumented immigrants contributed more – much more – to the national treasury last year than General Electric. Surprised? Yet it’s true.

While GE – which earned a whopping $14 billion last year – is reported to have paid nothing, nada, zero in taxes (GE denies it), the undocumented paid billions in state and local taxes in 2010.

No, it’s not me talking; it’s the Institute for Taxation and Economic Policy (itepnet.org), a prestigious, nonprofit, nonpartisan research organization that works on federal, state and local tax policy issues.

Obviously the old saying, “Nothing is certain but death and taxes,” is not to be believed anymore. Or rather, only half of it can be believed.

Because death, of course, remains as dreaded and inevitable as ever, but with taxes the story is different.

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Chuy’s Mesquite Broiler restaurants in Arizona and California were raided by federal agents Wednesday in the culmination of a lengthy investigation into alleged tax fraud and illegal hiring practices at the chain.

Chuy’s father-and-son owners, Mark Evenson of Paradise Valley and Christopher Evenson of Oro Valley, were arrested Wednesday along with the company accountant, Diane Strehlow of Tempe.

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Thanks to the shameful failure of Congress to pass the DREAM Act last year, an estimated 60,000 students in U.S. high schools and colleges lost their chance to come out of the shadows and regularize their immigration status.

The DREAM (Development, Relief and Education for Alien Minors) Act would provide conditional permanent residency to some deportable alien students who graduate from U.S. high schools, are of good moral character, arrived in the U.S. illegally as minors and have been in the country continuously for at least five years prior to the bill’s enactment.

After the legislation was blocked by a Senate filibuster in December, the Obama administration announced it would not pursue removal actions against DREAM Act students, even if they were out of status or undocumented.

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María Bolaños has been fighting her deportation for more than a year, since a fight with her husband when she called the police to report that she was a victim of domestic violence. The police arrived at her home and, suspecting her of illegally selling phone cards, ordered her arrest.

Her case is the most well known, but activists say all programs that mix police work with immigration enforcement represent a growing threat to immigrant women who are victims of domestic violence.

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Reporting from San Luis, Ariz. — The border fence ran right in front of Jeff Byerly’s post, a straight line of steel that stretched beyond town and deep into the desert. As a U.S. Border Patrol agent on America’s front line, Byerly’s job was to stop anyone from scaling the barrier. Hours into his midnight shift, his stare was still fixed, but all was quiet.

He pounded energy drinks. He walked around his government vehicle. On the other side of the fence, the bars in the Mexican town of San Luis Rio Colorado closed, and only the sound of a passing car broke the silence. Byerly, 31, switched on his DVD player. Minutes later, a supervisor knocked on the window: The slapstick comedy “Johnny English” was on; Byerly was fast asleep.

Wild foot chases and dust-swirling car pursuits may be the adrenaline-pumping stuff of recruitment efforts, but agents on the U.S.-Mexico border these days have to deal with a more mundane occupational reality: the boredom of guarding a frontier where illegal crossings have dipped to record low levels.

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WASHINGTON – Logan Guzman likes to pretend he’s a superhero. One week he’s Spiderman. The next he’s Batman. Whichever hero he embodies, the 4-year-old’s goal is always the same: He wants to save his father.

Immigration and Customs Enforcement detained Logan’s dad, Pedro Guzman, 30, in front of the family’s Durham, N.C., home on Sept. 28, 2009. Logan and his mother, Emily, could only look on.

“I was scared, but in the back of my mind I just felt like everything would eventually be OK because I was a citizen and he was married to me,” said Emily Guzman, 33, a mental health therapist who was born and raised in the U.S.

Nearly 19 months later, Pedro Guzman is still in immigration custody after multiple requests for release on bond were denied. He has two misdemeanor marijuana-possession charges from 1998 on his record. Because of that he’s considered a flight risk. So he waits.

ICE detained 383,524 immigrants in 2009, according to its most recent annual report. Detention facilities consist largely of county jails and privately contracted detention centers.

Pedro Guzman sits in a cell at the large-scale Stewart Detention Center in Lumpkin, Ga., more than nine hours from his family in Durham and two hours from the Atlanta office of his attorney, Glen Fogle.

Revisions announced in 2009 aim to give detention facilities more federal oversight, but critics say the changes aren’t moving fast enough.

The fractured network of detention facilities, often located in remote, rural towns, means that many detainees never speak to lawyers.

“Unlike in the criminal system, where if someone can’t afford a lawyer they’re appointed one, in the immigration system you have a right to a lawyer but you have to find and pay for one yourself,” said Tara Tidwell Cullen of the National Immigrant Justice Center, which provides legal services and advocates for immigration policy restructuring.

Even if detainees have the resources to find lawyers, the isolated locations of many detention facilities put attorneys financially out of reach, Tidwell Cullen said.

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ORT JACKSON, S.C. (AP) — Military service has long been one route to U.S. citizenship. Now the Army and Navy, in need of specialists and language skills in wartime, are speeding things up by allowing recruits to wrap up the process while they’re still in basic training.

It means a change in a no-visitors policy during boot camp, to allow federal immigration officers access to the recruits. But military officials say it’s a well-deserved break for volunteers who otherwise would have to slog through the bureaucratic ordeal during deployments around the world, often far from U.S. embassies.

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A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by March 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

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WASHINGTON — State lawmakers in Illinois and California are pushing to cut their states’ ties to an immigration enforcement program that they say was unfairly imposed on local governments against their wishes.

The program, Secure Communities, is touted as a key component of the Department of Homeland Security’s immigration enforcement strategy and has helped DHS set records for deportations and removals. The Obama administration plans to expand the program nationwide by 2013.

But the program’s success is tainted by criticisms at the local level, where law enforcement officials and immigrant rights advocates say it is expensive, distracts police from other duties, and unfairly nets undocumented people who did not commit crimes.

Worst of all, according to critics, local jurisdictions that do not want to participate in the program are unable to withdraw from it, even though the federal government originally said the program was voluntary.

A bill in Illinois, called The Smart Enforcement Act, would correct this problem, said sponsor Rep. Dan Burke.

“There should be a provision in these programs that local communities can opt out if they decide it’s not working in their best interest or it’s adding costs or there are unintended consequences,” said Burke, who represents a majority-Latino district in Southwest Chicago. “It seems like a very fair and reasonable solution to a problem that was brought up by our local sheriffs and communities.”

Secure Communities is a finger-print sharing system, which allows the Department of Homeland Security to run prints taken from local police through databases to check for immigration status. Police routinely take fingerprints after arrests, then submit them to the Federal Bureau of Investigation for background checks.

The Smart Enforcement Act, like a similar bill in California, would allow counties to opt-out of the program, or block fingerprint-sharing with immigration enforcement agencies.

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