|
A QUARTERLY UPDATE ON IMMIGRATION First Quarter 2006 In this Issue:
COMPREHENSIVE IMMIGRATION REFORM IN SPOTLIGHT The Senate Judiciary Committee has set the stage for a robust Senate debate on overhauling our broken immigration system by reporting out an impressive, comprehensive bi-partisan bill. The full range of issues implicated by the impending debate is enormously complex and the stakes for immigrants, families, national security, and economic growth are extremely high. But at its core, the debate that will unfold in late March/early April is one about self-identity and fundamental values: What kind of country is America now and what do we aspire to be? Will we continue to be a welcoming land of opportunity or a “Fortress America”? The Judiciary Committee discussions exposed sharply competing perspectives on the significance of immigration and the role of immigrants in our society. Those who argued against providing a path to permanent legal status offered up a vision of immigrants as dispensable labor that should be granted admission only to serve our country’s narrow economic demands. Those who argued that immigrants should have the opportunity to earn permanent residence articulated a vision of immigrants as much more than sweat labor; they embraced a time-cherished view of immigrants as integral to our social fabric and continuing economic vitality. Denying immigrants a path to becoming full-fledged members of our polity and denying them the protections our Constitution accords to all persons, is to deny the full spectrum of their contributions and, indeed, to deny our very heritage. Make sure our vision of America is not lost in this debate. Call your senators NOW and urge them to support the Judiciary Committee’s bill. If not now, when? TAKE ACTION ON IMMIGRATION REFORM Urge Your Senators to Support the Judiciary Committee’s Comprehensive Bill as the Starting Point for Senate Debate! Senate Majority Leader Frist apparently has sought and obtained “unanimous consent” (UC) to devote the first day of debate on immigration reform to debate only, no amendments or votes. This means there will be no “motion to proceed” and no filibuster at this point. It is unclear which base bill Sen. Frist will proceed with (his own or the Judiciary Committee bill), but because he seems to be leaving the question open for now, we must continue pressing for the Senate Judiciary Committee bill to be the starting point for debate. Use the U.S. Capitol Switchboard (202-224-3121) to call your Senators and urge them to support the Senate Judiciary Committee’s comprehensive immigration reform bill as the starting point for debate on the Senate Floor!
Please also continue to call Senate offices to express appreciation to Senators Specter, Graham, Brownback, DeWine, and Feinstein for their votes yesterday. Their offices are getting slammed with negative calls at a 10:1 ratio and need to hear much more positive reinforcement from our side! Even if you are not a constituent, please call and thank:
SSA LIAISON COMMITTEE CLARIFIES MISCONCEPTION ON SSNs AILA’s SSA liaison committee notes that contrary to popular belief, neither immigration law nor federal tax law requires an individual to possess an SSN to begin working. IRCA does not require an employee to present an SSN Card but, rather, lists the Card as a possible “List C” document (on Form I-9) of work authorization. Similarly, the Internal Revenue Code does not require an employee to possess an SSN to begin working. It requires only that an application for an SSN be made within seven (7) days of commencing employment for taxable wages. 26 USC Section 6011; 26 CFR Section 31.6011(b)-2. Usually, the real obstacle to commencing employment is the software of a third-party payroll preparer, which cannot generate a paycheck without the number. Under these circumstances, if permitted by its system, the preparer can use a “dummy” SSN solely to generate a paycheck, provided the actual SSN or other required information is provided on the information returns at the time of filing. Further instructions are on the SSA website at www.ssa.gov/employer/. DHS ANNOUNCES TEMPORARY PROTECTED STATUS EXTENSION FOR El SALVADOR, HONDURAS AND NICARAGUA In a continuing effort to assist El Salvador, Honduras, and Nicaragua in recovering from the natural disasters that affected the Central American region, the Department of Homeland Security has announced a decision to extend Temporary Protected Status (TPS) for an additional 12 months for all three countries. U.S. Citizenship and Immigration Services (USCIS) will provide additional information about the re-registration process and answers to frequently asked questions upon publication of Notices in the Federal Register soon. Therefore, re-registration applications will not be accepted before the registration period is announced for each nation. Under this extension nationals of El Salvador, Honduras, and Nicaragua who have already been granted and remain eligible for TPS will be able to continue living and working in the United States for an additional 12 months. This extension covers approximately 225,000 Salvadorans, 75,000 Hondurans, and 4,000 Nicaraguans. This extension of these TPS designations will expire on September 9, 2007 for El Salvador and on July 5, 2007 for Honduras and Nicaragua. Renewal of expired green cards is accomplished by filing Form I-90 with USCIS. See www.uscis.gov. Such renewal may be performed without attorney assistance. If, however, the applicant has an arrest or conviction of any kind, he/she should seek the advice of an experienced immigration attorney. Filing of Form I-90 after conviction of certain criminal offenses may result in removal proceedings against the individual. Portions of this Newsletter have been
|
The immigration law practice of Meyner and Landis LLP provides a full scope of immigration law services. This includes representation of large and small businesses seeking to recruit and retain foreign nationals to meet staffing goals; foreign nationals seeking work or trader or investor opportunities or wanting to achieve family reunification; and foreign nationals in deportation proceedings, including those who face removal from the U.S. due to criminal convictions.
More
Meyner and Landis LLP
One Gateway Center
Suite 2500
Newark, NJ 07102
Tel: (973) 624-2800
Fax: (973) 624-0356
© 2008 by Meyner and Landis LLP. All rights reserved. Disclaimer