Texas Border Sheriffs Launch Border Camera Program

rkraft@kraftlaw.com (Robert A. Kraft) — Fri, 21 Nov 2008 18:08:22 GMT

For better or worse, the The Texas Border Sheriff's Coalition has launched a new network of Internet cameras aimed at the Mexican border in the latest effort to bolster local border security efforts with live video steaming. Here are excerpts...

Much like during the monthlong test run of border cameras, users watching the cameras will be able to anonymously e-mail law enforcement to report suspicious activity. During the pilot program, 14,800 e-mails reporting suspicious behavior, suggestions for improvement, and other comments were sent to state officials.

That initial pilot project, Texas Border Watch, was riddled with technological glitches. Pictures from the cameras were grainy and some of the Web cameras were placed so high that it was difficult to distinguish from bush from a person. Images from the cameras available Thursday appeared clearer than previous pictures beamed from the border.

State officials canceled the bidding process for a new camera network – the state had hoped to place about 200 cameras along the border – after the bid deadline expired in mid-April. Allison Castle, a spokeswoman for Gov. Rick Perry's office, said the bids "were going to do too little and cost too much."

The deal between the border sheriffs and BlueServo will allow the company to sell advertising "to defray the infrastructure and costs of operating" the program, according to a statement from the coalition.

To view the cameras, visit BlueServo

Texas Border Sheriffs Launch Border Camera Program

rkraft@kraftlaw.com (Robert A. Kraft) — Fri, 21 Nov 2008 18:03:16 GMT

Much like during the monthlong test run of border cameras, users watching the cameras will be able to anonymously e-mail law enforcement to report suspicious activity. During the pilot program, 14,800 e-mails reporting suspicious behavior, suggestions for improvement, and other comments were sent to state officials.

That initial pilot project, Texas Border Watch, was riddled with technological glitches. Pictures from the cameras were grainy and some of the Web cameras were placed so high that it was difficult to distinguish from bush from a person. Images from the cameras available Thursday appeared clearer than previous pictures beamed from the border.

State officials canceled the bidding process for a new camera network – the state had hoped to place about 200 cameras along the border – after the bid deadline expired in mid-April. Allison Castle, a spokeswoman for Gov. Rick Perry's office, said the bids "were going to do too little and cost too much."

The deal between the border sheriffs and BlueServo will allow the company to sell advertising "to defray the infrastructure and costs of operating" the program, according to a statement from the coalition.

To view the cameras, visit BlueServo.

Texas RioGrande Legal Aid

Fri, 21 Nov 2008 16:16:34 GMT

Watch The Video A farm worker rights group and 14 South Texas residents sued the Federal Emergency Management Agency over Hurricane Dolly. The suit accuses FEMA of refusing to help thousands of affected families repair their homes after Hurricane Dolly hit in July. The Texas Rio Grande Legal Aid filed the lawsuit in [...]

Watch The Video

A farm worker rights group and 14 South Texas residents sued the Federal Emergency Management Agency over Hurricane Dolly.

The suit accuses FEMA of refusing to help thousands of affected families repair their homes after Hurricane Dolly hit in July. The Texas Rio Grande Legal Aid filed the lawsuit in federal court on behalf of the residents which claims FEMA denied requests for money to cover home repairs of 10 to 15 thousand residents in the Rio Grande Valley since the hurricane.

The suit is asking the court to force FEMA to release the standards it uses when deciding who gets aid for home repairs and make the agency reconsider its denials. A FEMA spokeswoman declined comment on the pending litigation.

Texas RioGrande Legal Aid

Fri, 21 Nov 2008 16:15:15 GMT

FEMA is dealing with a lawsuit from victims of Hurricane Dolly. A farmworker rights organization and 14 South Texas residents filed the suit. They claim FEMA refused to help thousands of poor families repair their homes after the storm. To read the entire article, [...]

FEMA is dealing with a lawsuit from victims of Hurricane Dolly.

A farmworker rights organization and 14 South Texas residents filed the suit.

They claim FEMA refused to help thousands of poor families repair their homes after the storm.

To read the entire article, click here.

Texas RioGrande Legal Aid

Fri, 21 Nov 2008 16:14:10 GMT

Temporary County Court Judge Jaime Garza reset the eviction case of Port Mansfield resident Steven Banyai to January 20th, after both parties made claims at yesterday morning’s hearing. Willacy County Navigation District Attorney Jerry Stapleton had filed a default judgment to continue the eviction of the disabled former fisherman who has been fighting the district [...]

Banyai, 54, won an initial court round when Justice of the Peace George Solis ruled in his favor. Banyai stands to lose his entire investment of $49,200 if he is evicted.

To read the entire article, click here.

Arizona Governor Napolitano tapped as new Homeland Security chief

mario@mrvisa.com (Mario Ramos) — Fri, 21 Nov 2008 16:12:48 GMT

www.csmonitor.com The popular two-term governor of Arizona, Janet Napolitano, has been tapped by President-elect Barack Obama to head the Department of Homeland Security (DHS). Her responsibilities would include such high-profile and hot-topic issues as immigration enforcement, federal disaster response, and...

www.csmonitor.com

The popular two-term governor of Arizona, Janet Napolitano, has been tapped by President-elect Barack Obama to head the Department of Homeland Security (DHS).

Her responsibilities would include such high-profile and hot-topic issues as immigration enforcement, federal disaster response, and airport security.

As a border-state governor, Ms. Napolitano brings experience to the role of immigration enforcement. She vetoed several tough illegal immigration bills put forward by state Republicans. She also supported the comprehensive reform efforts in Washington that were ultimately shot down last year by opponents of illegal immigration.

Napolitano has been skeptical that building a fence along the border will solve the immigration problem. She once said, “You build a 50-foot wall, somebody will find a 51-foot ladder.”

Attorney Do's and Don'ts for Job Applicant Interviews

jstewart@fowler-white.com (Joel Stewart) — Fri, 21 Nov 2008 15:46:41 GMT

This topic is of great interest, since the DOL has focused on a national law firm and its method of advising employers to interview US workers for job opportunities. The law firm and the DOL entered into an agreement defining the correct manner of reviewing, interviewing and identifying qualified and non-qualified workers. The criteria are the following: Employers should not receive memoranda from attorneys advising to contact the attorney to discuss worker qualifications. Attorneys may not interview job applicants for their clients (employers) and all resumes received by attorneys must be forwarded promptly to the employer. Attorneys may not conduct...

Employers should not receive memoranda from attorneys advising to contact the attorney to discuss worker qualifications.
Attorneys may not interview job applicants for their clients (employers) and all resumes received by attorneys must be forwarded promptly to the employer.
Attorneys may not conduct any preliminary screening of applications or resumes before a client's hiring staff does, other than routine clerical or ministerial organizing of resumes which does not include and is not based on any assessment of, or comments on, the qualifications of any applicants.
Attorneys should forward all resumes to employers.
Attorneys may only participate in the interview of a U.S. worker unless the attorney routinely performs that function for the employer.
Attorneys may not dissuade a client from the client's initial determination that a particular applicant is qualified, able, willing and available for a position for which the employer is considering.
It has also been suggested by DOL in its FAQ's, that attorneys may review the resumes of workers who have been rejected,to see if the employer rejected them legally, but not the resumes of workers deemed qualified, since this would be seen as an act of dissuasion, to dissuade the employer from seriously considering the applicants.

Notwithstanding these guidelines, attorneys may advise employers about the PERM Rule and legal interpretations, such as BALCA decisions, legal memoranda, FAQ's and other information that may guide employers through the thorny process of considering whether job applicants are qualified, able, willing and available.

Note that the interview process, or consideration of resumes, is not limited to whether the applicants are qualified, but also whether they are able, willing and available.

The penalties for not following DOL guidelines are sanctions authorized by the PERM Rule itself, including audits, denial of the application, or supervised recruitment. In case of serious violations, rising to the level of misrepresentation or fraud, criminal investigations and penalties may ensue.

In the current economic crisis, with US unemployment rising, there are more US workers looking for employment, and employers will have to be more careful than ever to conduct recruitment procedures according to the rules!

Texas RioGrande Legal Aid

Fri, 21 Nov 2008 14:52:12 GMT

As expected, Texas RioGrande Legal Aid is suing the Federal Emergency Management over the way it handed out disaster aid and assistance to the victims of Hurricane Dolly. TRLA filed the lawsuit on behalf of La Unión del Pueblo Entero and 14 low-income Texans who were denied FEMA benefits because of the conditions of their homes [...]

As expected, Texas RioGrande Legal Aid is suing the Federal Emergency Management over the way it handed out disaster aid and assistance to the victims of Hurricane Dolly.

TRLA filed the lawsuit on behalf of La Unión del Pueblo Entero and 14 low-income Texans who were denied FEMA benefits because of the conditions of their homes prior to the disaster.

In its coverage of the aftermath of Dolly, the Guardian found numerous colonia residents in San Carlos and San Cristobal, near Edinburg, who were denied financial assistance by FEMA.

To read the entire article, click here.

Texas RioGrande Legal Aid

Fri, 21 Nov 2008 14:46:25 GMT

Four months after Hurricane Dolly, Jose Gonzales’ home remains in complete disrepair. The roof still leaks. Mold has sprouted in some areas. And the 50-year-old and his wife have been forced to cede entire rooms to the destruction, pulling out furniture, carpeting and other belongings to protect them from further harm. “If I could get up and fix it [...]

Four months after Hurricane Dolly, Jose Gonzales’ home remains in complete disrepair.

The roof still leaks.

Mold has sprouted in some areas.

And the 50-year-old and his wife have been forced to cede entire rooms to the destruction, pulling out furniture, carpeting and other belongings to protect them from further harm.

“If I could get up and fix it myself, I would do it,” said Gonzales, a quadriplegic. “But I can’t get depressed. If I do, it will only seem worse.”

To read the entire story, click here.

DHS Publishes New Regulations for Private jet Owners

info@h1b.biz (Jacob Sapochnick) — Fri, 21 Nov 2008 06:25:57 GMT

The following new regulations may be affecting some of the richest immigrants among us. Private Jet owners. Private jet owners have an average annual income of $9.2 mln and a net worth of $89.3 mln. The average age is 57 years old. 70% of them are men. So far they enjoyed the good life, coming and going into the US as they please. No more.

U.S. Customs and Border Protection (CBP) published a final rule requiring that private jets to provide advance notice of their intended arrival or departure, and submit manifests of the persons on board. The new process is similar to the one currently in use by commercial aircraft and will standardize advance notice procedures for all CBP airports of entry.

Texas RioGrande Legal Aid

Fri, 21 Nov 2008 03:18:44 GMT

A farmworker rights organization and 14 poor South Texas residents sued the Federal Emergency Management Agency on Thursday alleging that the agency refused to help thousands of poor families repair their homes after Hurricane Dolly. The lawsuit, filed in federal court in Brownsville by Texas RioGrande Legal Aid on behalf of the residents and La Union [...]

The lawsuit, filed in federal court in Brownsville by Texas RioGrande Legal Aid on behalf of the residents and La Union del Pueble Entero or LUPE, says that FEMA denied requests for money to cover home repairs to 10,000 to 15,000 residents in the Rio Grande Valley since the July 23 hurricane. It asks the court to force FEMA to release the standards it uses to decide who gets aid for home repairs and make the agency reconsider its denials.

The lawsuit cites cases where poorly constructed or maintained homes were deemed ineligible because the storm damage was blamed on their pre-existing condition.

To read the entire story, click here.

Texas RioGrande Legal Aid

Fri, 21 Nov 2008 03:17:35 GMT

Gov. Rick Perry on Thursday called the federal government’s efforts to help Texas recover from Hurricane Ike “underwhelming” and announced the formation of a state commission to help move the process along. Hurricane Ike slammed into the Texas coast on Sept. 13, but more than two months later, there are still thousands of displaced residents without [...]

Hurricane Ike slammed into the Texas coast on Sept. 13, but more than two months later, there are still thousands of displaced residents without homes and counties with debris fields as long as 30 miles.

Perry announced the formation of a state commission, the Governor’s Commission for Disaster Recovery and Renewal, that will oversee coastal rebuilding and develop recommendations for responding to future storms.

To read the entire story, click here.

Citizenship – Making a False Claim to U.S. Citizenship is Always a Mistake But Not Always a Removable Offense

jtyler@sbcq.com (James M. Tyler) — Fri, 21 Nov 2008 03:05:10 GMT

I have written posts before on the problems one can get into by making a false claim to U.S. citizenship, which, (in addition to being a felony crime) can create all sorts of immigration problems, sometimes years later. Making a false claim to U.S. citizenship for “any purpose or benefit” under any Act or any state or federal law is grounds for removability. The key issue is whether the false claim was made in order to obtain some kind of legal benefit—if not, then it’s not grounds for removability.

On October 27, 2008, the Board of Immigration Appeals held that a temporary permanent resident of the United States who made a false claim to U.S. citizenship on an ATF form to obtain a firearm was not removable. The BIA noted that the respondent had the right to apply for and obtain a firearm as a temporary permanent resident—he didn’t need to be or need to claim to be a U.S. citizen to get a firearm permit. Therefore, his false claim to citizenship was inconsequential to the benefit he was trying to obtain and therefore it was not a removable offense.

Despite the good result for this particular respondent, making a false claim to U.S. citizenship is still a crime and is almost certainly going to create problems when a non-citizen applies for some immigration benefit later on. Noncitizens have to be extremely careful (and truthful) in filing out any form or application that call for them to make a representation about their legal status.

USCIS Service Center Processing Times

jtyler@sbcq.com (James M. Tyler) — Fri, 21 Nov 2008 02:10:13 GMT

Here are the most recent USCIS Service Center processing times as announced on November 18, 2008: Vermont Service Center processing times. Nebraska Service Center processing times. California Service Center processing times. Texas Service Center processing times....

Here are the most recent USCIS Service Center processing times as announced on November 18, 2008:

Vermont Service Center processing times.

Nebraska Service Center processing times.

California Service Center processing times.

Texas Service Center processing times.

Napolitano Chosen As Secretary Of Homeland Security

rkraft@kraftlaw.com (Robert A. Kraft) — Thu, 20 Nov 2008 20:30:39 GMT

The Washington Post reports that Janet Napolitano will be appointed as Secretary of Homeland Security:

Arizona Gov. Janet Napolitano (D), whose handling of immigration issues brought her accolades from fellow governors, is President-elect Barack Obama's choice to serve as secretary of homeland security, Democratic sources said late Wednesday.

Napolitano, 50, was an early supporter of Obama and was the only elected official tapped to serve on his transition team. She was reelected in 2006 to a second term as governor of Arizona, the home state of Sen. John McCain, the Republican presidential nominee in the race against Obama. Napolitano previously served as U.S. attorney and state attorney general for Arizona; she was the first woman in both of those posts.

Napolitano Chosen As Secretary Of Homeland Security

rkraft@kraftlaw.com (Robert A. Kraft) — Thu, 20 Nov 2008 20:29:22 GMT

The Washington Post reports that Janet Napolitano will be appointed as Secretary of Homeland Security: Arizona Gov. Janet Napolitano (D), whose handling of immigration issues brought her accolades from fellow governors, is President-elect Barack Obama's choice to serve as secretary...

The Washington Post reports that Janet Napolitano will be appointed as Secretary of Homeland Security:

Arizona Gov. Janet Napolitano (D), whose handling of immigration issues brought her accolades from fellow governors, is President-elect Barack Obama's choice to serve as secretary of homeland security, Democratic sources said late Wednesday.

Napolitano, 50, was an early supporter of Obama and was the only elected official tapped to serve on his transition team. She was reelected in 2006 to a second term as governor of Arizona, the home state of Sen. John McCain, the Republican presidential nominee in the race against Obama. Napolitano previously served as U.S. attorney and state attorney general for Arizona; she was the first woman in both of those posts.

Texas RioGrande Legal Aid

Thu, 20 Nov 2008 18:49:44 GMT

PDF Version Available for Download FOR IMMEDIATE RELEASE November 24, 2008 Contact: Cynthia Martinez, Communications Director 512.374.2764 cmartinez@trla.org FEMA SUED FOR DENYING ASSISTANCE TO THE POOR Hurricane Victims Being Denied Aid in Recovery Efforts WESLACO, Texas – The Federal Emergency Management Agency (FEMA) is being sued for denying disaster aid to victims of Hurricane Dolly by failing to use consistent standards for providing [...]

PDF Version Available for Download

FOR IMMEDIATE RELEASE
November 24, 2008

Contact: Cynthia Martinez, Communications Director
512.374.2764
cmartinez@trla.org

FEMA SUED FOR DENYING ASSISTANCE TO THE POOR
Hurricane Victims Being Denied Aid in Recovery Efforts

WESLACO, Texas – The Federal Emergency Management Agency (FEMA) is being sued for denying disaster aid to victims of Hurricane Dolly by failing to use consistent standards for providing housing repair assistance.

Texas RioGrande Legal Aid (TRLA), the leading provider of legal aid in Texas, filed the lawsuit on behalf of La Union del Pueblo Entero (LUPE) and fourteen low-income Texans who were denied FEMA benefits because of the conditions of their homes prior to the disaster. The only explanation the residents received for their denials was that their homes suffered “insufficient damage.”

According to the lawsuit, it is FEMA’s policy to deny housing repair assistance to homes that were in substandard condition before the storm because any damage during the disaster was caused by the quality of the home. This approach to disaster aid prevents low-income families from receiving assistance that they qualify for and need for their health and safety.

“Many low-income families have built and maintained their homes using the few resources they have,” said TRLA attorney Jerome Wesevich. “Their homes may not have been perfect before the hurricane, but that does not make them any less deserving of aid than a wealthy family.”

After hurricanes Dolly and Ike devastated coastal areas this summer, thousands of Texas families applied for federal aid to rebuild their lives and repair their homes. In the Rio Grande Valley more than 38,000 families have applied for FEMA assistance after Hurricane Dolly. Approximately half of those families have had their applications denied.

Among the individuals in the lawsuit is Jose Gonzalez, a quadriplegic who has lived in his Harlingen home for twenty years. Winds from Hurricane Dolly caused damage to his roof and, as a result, mold has begun to grow inside his house. Gonzalez’s application for aid and his request for a re-inspection of his home have been denied without explanation. He does not have the financial resources necessary to fix his home without federal assistance.

“FEMA cannot deny assistance to disaster victims just because they are poor,” added Wesevich. “If anything, these families need the government’s help the most.”

The lawsuit marks the third time that TRLA has sued FEMA for its policies while providing disaster relief assistance. A copy of the lawsuit can be found at http://tinyurl.com/trlafema3 .

Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA) is a nonprofit organization that provides free legal services to low-income and disadvantaged clients in a 68-county service area. TRLA’s mission is to promote the dignity, self-sufficiency, safety and stability of low-income Texas residents by providing high-quality legal assistance and related educational services.

###

Immigration Policy Working Group formed by Obama

mario@mrvisa.com (Mario Ramos) — Thu, 20 Nov 2008 16:11:56 GMT

Immigration
T. Alexander Aleinikoff has been Dean of the Georgetown University Law Center and Executive Vice President of Georgetown University since July 2004. He has been a member of the Georgetown faculty since 1997. Dean Aleinikoff served as General Counsel and Executive Associate Commissioner for Programs at the Immigration and Naturalization Service for several years during the Clinton Administration. From 1997 to 2004 he was a Senior Associate at the Migration Policy Institute, where he now serves on the Board of Trustees. He has written widely on immigration, refugee and citizenship law and constitutional law. Dean Aleinikoff is a graduate of Swarthmore College and Yale Law School.

Mariano-Florentino (Tino) Cuéllar is Professor and Deane F. Johnson Faculty Scholar at Stanford Law School. His work focuses on how organizations manage complex regulatory, migration, international security, and criminal justice problems. During the Clinton Administration he served at Treasury as Senior Advisor to the Under Secretary for Enforcement, where he worked on countering domestic and international financial crime, improving border coordination, and enhancing anti-corruption measures. He has served on the boards of numerous organizations, including Asylum Access and the Stanford Center for International Security and Cooperation. He has testified before Congress on immigration policy and separation of powers, and was appointed to the Silicon Valley Blue Ribbon Task Force on Aviation Security. He holds a J.D. from Yale Law School and a Ph.D. in Political Science from Stanford. He is an elected member of the American Law Institute.

USCIS Reports on Progress Towards Processing Time Goals

Thu, 20 Nov 2008 14:03:26 GMT

The USCIS has released a chart describing its progress towards meeting the fiscal year (FY) 2008 and FY 2009 processing time goals. Attached is a PDF of the chart with a couple of annotations highlighting some important lines that are generally of high interest to our clients and readers. What may be of the greatest interest [...]

What may be of the greatest interest are the current average processing time compared to the FY 2008 and FY 2009 goals for the following categories :

I-140, Immigrant Petition for Worker - current goal: 6 months, FY 2009 goal: 4 months. Actual average time: 11.8 months.
I-485, Adjustment of Status- current goal: 6 months, FY 2009 goal: 4 months. Actual average time: 13.6 months.
I-131, Reentry Permit - current goal: 3 months, FY 2009 goal: 2.5 months. Actual average time: 3.9 months.

The USCIS has acknowledged that the goals were set before the new fee rule came into effect during the summer of 2007 and which resulted significant increase in the filings. However, USCIS has declined to realistically adjust (decrease) the goals for FY 2008 and 2009. As a result, although we expect that the processing times will improve, the gap between the goals for FY 2009 and the actual processing times will remain significant.

Student and Exchange Visitor Visa Numbers Increase

Thu, 20 Nov 2008 13:52:09 GMT

The U.S. Department of State reported yesterday that it has issued a record high number of F, J and M visas for the fiscal year 2008 - 710,631 in total. This represents a 9.1 percent increase in comparison to fiscal year 2007 and a 26 percent increase in comparison to fiscal year 2001. Among some of [...]

Among some of the other interesting statistics related to student and exchange visitor visas - there was a 40 percent increase in student and exchange visitor visas issued to Chinese nationals over fiscal year 2007, which in itself, was 40 percent higher than fiscal year 2006. Also, visas issued to nationals from Middle East countries increased by 26 percent in fiscal year 2008 in comparison to fiscal year 2007.

These statistics may suggest a reversal of the downward trend following the events of 9/11. The student and exchange visitor visa numbers dropped significantly in the years following 9/11, but the trend seems to be correcting itsel and the significant increases seem to suggest that the U.S. still remains a desirable place to study and engage in cultural exchange programs.

Recent Articles in Immigration Law from LexMonitor

Texas Border Sheriffs Launch Border Camera Program

Texas Border Sheriffs Launch Border Camera Program

Texas RioGrande Legal Aid

Texas RioGrande Legal Aid

Texas RioGrande Legal Aid

Arizona Governor Napolitano tapped as new Homeland Security chief

Attorney Do's and Don'ts for Job Applicant Interviews

Texas RioGrande Legal Aid

Texas RioGrande Legal Aid

DHS Publishes New Regulations for Private jet Owners

Texas RioGrande Legal Aid

Texas RioGrande Legal Aid

Citizenship – Making a False Claim to U.S. Citizenship is Always a Mistake But Not Always a Removable Offense

USCIS Service Center Processing Times

Napolitano Chosen As Secretary Of Homeland Security

Napolitano Chosen As Secretary Of Homeland Security

Texas RioGrande Legal Aid

Immigration Policy Working Group formed by Obama

USCIS Reports on Progress Towards Processing Time Goals

Student and Exchange Visitor Visa Numbers Increase