Global Mobility & Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Mobility & Immigration Counsel

By Michelle Valerio

A group of Democrat and Republican senators released the Bipartisan Framework for Comprehensive Immigration Reform, the latest bipartisan effort for comprehensive immigration reform to fix the broken U.S. immigration system. Although the legislation is not drafted yet, the framework of the plan is based on the following four principles:

1. Providing a path to citizenship for unauthorized individuals currently residing in the United States, contingent upon improving border security and combating visa overstays.
2. Reforming the immigration system to improve the U.S. economy and strengthen American families.
3. Creating a mandatory electronic employment verification system – this system would differ from E-Verify, which is mandatory only for federal contractors and in some states.
4. Improving the process for issuing nonimmigrant work visas (i.e., H-1B, L-1, etc.).

The plan was made public today. The draft legislation is not expected to be unveiled until March, with the expectation that it will be voted on that month. President Obama is scheduled to speak tomorrow in Las Vegas, Nevada, where he is expected to provide a blueprint for his own immigration reform proposal.

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By Emily Liss

The Department of Homeland Security has announced the publication of a final rule that will permanently establish the Global Entry program, effective March 7, 2012. The Global Entry program, which began as a pilot program, was created by U.S. Customs and Border Protection (CBP) to allow expedited entry into the United States for pre-approved, low-risk travelers. At the Global Entry Kiosk (found in most major U.S. airports), participants scan their passport or U.S. permanent resident card, scan their fingerprints for verification, and make a customs declaration. Upon issuance of a transaction receipt, the participant moves to baggage claim and the exit. On average, participation in the Global Entry program reduces waiting time by seven minutes.

U.S. citizens, lawful permanent residents, Dutch citizens, and Mexican nationals are eligible to participate in the Global Entry program. In addition, participants in the NEXUS (expedited crossing of the U.S./Canada border) and SENTRI (expedited entry into the United States from Mexico) programs may use the Global Entry Kiosks. In the future, other nonimmigrant aliens may be eligible to participate. To apply, eligible individuals must submit an online application, pay a $100 application fee, and undergo an interview with a CBP officer. Applicants may be deemed ineligible for the program if they have violated immigration laws, have been convicted of a criminal offense, are the subject of an ongoing government investigation, or are considered "high risk."

Photo credit: fotohunter

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On February 14, Senator Orrin Hatch (R-UT) re-introduced the “Strengthening Our Commitment to Legal Immigration and America’s Security Act” (S. 332). Senator Hatch first introduced this bill on September 29, 2010, but it died in committee. The current bill has been referred to the Senate Judiciary Committee. As outlined in our report of the bill’s initial introduction, Senator Hatch’s bill includes a long list of immigration enforcement provisions, such as requiring the IRS to notify Social Security number holders if the agency suspects fraudulent use of their number for employment verification purposes.

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On September 29, 2010, Senators Robert Menendez (D–NJ) and Patrick Leahy (D–VT) introduced “The Comprehensive Immigration Reform Act of 2010” (S. 3932). According to Senator Menendez, the bill “addresses long-standing, wide-ranging flaws in the immigration system that have been priorities of groups on each side of the immigration reform debate.” The bill was introduced shortly before Congress adjourned for its mid-term election recess. As reported by The Hill, Senator Menendez defended his timing for introducing the bill by stating that it could lead to possible “lame-duck movement” on the legislation, and in the longer term it serves as an "invitation to bring Republican colleagues to discussion" on immigration reform.

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During a special session held this morning, the Senate passed a $600 million spending bill (pdf) that will increase law enforcement presence at the United States’ southwestern border with Mexico and will finance additional aerial drones and construction of two operating bases. The Senate passed an identical bill (S. 3721) on August 5 before adjourning for recess, but for technical reasons the Senate needed to approve the version of the bill approved by the House of Representatives on August 10 before sending it to President Obama for signature.

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Although some contend a comprehensive immigration bill is not probable as midterm elections near, President Obama has urged Republican lawmakers to work with Democrats in passing a law that would create an “orderly, fair, humane immigration framework in which people are able to immigrate to this country in a legal fashion,” reports Reuters. President Obama’s request followed his ordering 1,200 National Guard troops to Arizona’s border with Mexico, which he contends will not alone solve the problem.

The troop deployment was met with mixed reviews. Senator John McCain (R-AZ) contends that a deployment of at least 6,000 troops is necessary. Some view the move as an attempt by the president to show Republicans and centrist Democrats that he is serious about immigration, while certain Latino activists contend that it is merely a political gesture and will only negatively impact their community.

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Last Thursday, Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) released a framework for comprehensive immigration reform. Although a bill has yet to be introduced, the Senators outlined their “four pillar” reform strategy in a Washington Post opinion column. This plan would include “requiring biometric Social Security cards to ensure that illegal workers cannot get jobs; fulfilling and strengthening our commitments on border security and interior enforcement; creating a process for admitting temporary workers; and implementing a tough but fair path to legalization for those already here.” For more information on this development, please continue reading at Littler's Washington D.C. Employment Law Update blog.

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Over the past few years, the number of individuals using “trusted traveler” programs has increased, reports USA Today. These programs offer members the ability to expeditiously clear customs. The membership fee runs from $50 to $122.50 depending on the program, and membership lasts for five years. To qualify, applicants must pass a government-run background check (including fingerprint submission), a process that takes four to six weeks. Individuals with criminal records or who have violated immigration laws are ineligible.

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The Monitor reports that, beginning March 1, 2010, foreign visitors will need a passport to enter Mexico. The requirement will not apply to visitors traveling to one of Mexico’s border cities, e.g., Reynosa or Nuevo Progresso, and who visit only the border area. However, visitors traveling beyond the border area will need to show their passport to immigration officials. For Americans and Canadians traveling beyond border regions, a tourist card will be required (at no cost for a visit of up to seven days, or approximately $20 for a six-month tourist card).

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Customs and Border Protection has introduced a new program called Global Entry. The Global Entry program allows US citizens, US permanent residents and Dutch citizens who are pre-approved as low-risk travelers to process quickly through international arrival areas in certain airports in the U.S. (list below). A process for UK citizens is expected to be added soon.

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Starting November 30, 2009, the UK Border Agency will fingerprint all foreign nationals entering the country with biometric UK visas, entry clearances and identity cards. This initiative is aimed at improving security and securing UK ports-of-entry and borders. On arrival in the UK, border control will perform regular immigration checks on all foreign nationals seeking admission to the UK and then capture their fingerprints to verify that they match the fingerprints given when the foreign national started the process abroad. This added security measure by UK authorities will stop individuals from cheating the system by having someone else complete biometrics abroad so that possible bars to admission, such as a criminal conviction, are not picked up during the biometrics process.

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The Wall Street Journal reports that many U.S. businesses along the Canadian border are complaining that a U.S. law requiring travelers to show more than a driver’s license to enter the United States is hurting sales. They claim the additional burden is causing a sharp decline in patronage by Canadian customers.

The law, The Western Hemisphere Travel Initiative, was drafted in 2005 in response to the 9/11 Commission report that recommended tighter border restrictions. The law’s initial provisions, which required greater documentation from air travelers to the United States, took effect January 2007.

During June 2009, the first month the new land and sea crossing requirements became effective, there was a 23% drop from the previous year in border crossings at the U.S.-Canada bridges. Although some businesses are reporting a 27% to 30% drop in sales, U.S. government officials contend the law has had no discernible negative impact on business. Some experts believe the recession is damaging travel and business along the border because people are not traveling as frequently or as far.

Security experts suggest that the law was designed more with Mexico in mind—where documentation requirements have been strict for some time—and not Canada. Before the new requirements, security at U.S.-Canada crossing points was remarkably lenient and Canadians were sometimes permitted to enter the U.S. without showing identification.

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The United States’ Western Hemisphere Travel Initiative (WHTI), which heightens the document requirements for entering and re-entering the United States by land or sea, went into effect on June 1. The WHTI requires all citizens of the US, Canada, Mexico, Bermuda, and Caribbean nations to have a passport or other form of approved documentation in order to enter or depart the US. As reported by JURIST, some have voiced concerns about the rules’ impact on tourism in the US and Canada, whose border has been called the "world's longest undefended border." The WHTI rules were promulgated under the Intelligence Reform and Terrorism Prevention Act of 2004, which required the Department of Homeland Security and the Department of State to develop and implement a plan requiring travelers to present secure identification documents when entering or re-entering the United States.

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The UK Border Agency has announced that passport holders from South Africa, Swaziland, Lesotho, Bolivia and Venezuela who are registered on the Iris Recognition Immigration System (IRIS) will need to re-enroll in order to continue using the IRIS facility. IRIS is a means of border control allowing registered travelers to enter the United Kingdom through automated barriers at certain airports, where a registered person’s identity is confirmed by simply looking into a special camera.

Additional information about the re-enrollment requirement, and about IRIS generally, is available on the IRIS section of the Border Agency’s website.
 

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As reported at KableNET.com, the UK Border Agency plans to work with the United States, Canada and Australia to “introduce a system of appropriate data protection arrangements for fingerprint checks and data sharing.” This system, which is intended to help identify and bar foreign criminals from entering the UK, is one of the programs discussed in the agency’s business plan  issued on April 1.

Other highlights of the business plan include:

• As of December 2008, the agency had enrolled more than 3.6 million sets of fingerprints from visa applicants, finding more than 5,200 cases of identity swaps.
• By December 2009, the agency will open its National Border Targeting Centre, checking 60% of all international passenger movements (with the goal of checking 95% of movements by the end of 2010).
• By 2011, all new applicants coming to the UK for more than six months, or extending their stay, will need to have a biometric identity card.
   

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On January 30, U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano announced a wide-ranging action directive on immigration and border security. The directive requires specific DHS offices and components to “work together and with state and local partners to review and assess the plans and policies” to address:

• criminal and fugitive aliens;
• legal immigration benefit backlogs;
• southbound gun smuggling;
• cooperation with the National Guard at or near the border;
• widows and widowers of U.S. citizens whose petitions for the alien spouse’s immigration were denied;
• immigration detention centers (detention standards); and
• electronic employee verification.

For each assessment, a final report is due by February 20, 2009.
 

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On January 6, 2009, Senator Harry Reid (D, NV) introduced S. 9, the "Stronger Economy, Stronger Borders Act of 2009" (SESBA), a bill "to strengthen the United States economy, provide for more effective border and employment enforcement, and for other purposes."

In its current form, the bill is a placeholder for comprehensive immigration reform legislation. The introductory remarks of Senator Patrick Leahy (D, VT), however, provide additional insight into the nature and scope of the legislation. Sen. Leahy stated in part, as follows:

Mr. President, as we begin the 111th Congress, we will try, once again, to enact comprehensive immigration reforms that have eluded us in the past several years. With an administration that understands the critical necessity of meaningful reform and that understands the policy failures of the last 8 years, I am hopeful that the new Congress can finally enact legislation consistent with our history as a nation of immigrants.

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