Musings on Immigration

Ever since the Department of Homeland Security announced the Deferred Action for Childhood Arrivals ("DACA") program the question has been asked in Georgia by DACA recipients, can I now pay "in-state" tuition at Georgia Colleges and Universities?  The question is simple, and the answer should be simple too.  But, the Georgia Board of Regents has failed in its job to help ALL Georgia residents who qualify get the education they want and deserve.  For more than seven months now, it has been clear  that the Georgia Board of Regents must allow DACA beneficiaries to pay in-state tuition, by the words of their own Policy Manual, but has failed to do so.  With the start of another school year, that wait must now end. BACKGROUND Initially when this issue percolated through the Georgia state legislature in 2010, and in order to stop actual laws from being enacted on this issue, the Georgia Board of Regents, which is tasked with determining eligibility...

It’s not often we get to witness the inner workings of the American justice system. Unless you’re a judge, attorney, or just someone that has had one too many brushes with law enforcement, most Americans don’t usually get to witness the nitty gritty of our legal practices. On the rare occasions when we do, it seems everyone not only has an opinion, but a strong one (read: Zimmerman, Casey Anthony, OJ Simpson). We debate and react with outrage when we feel our justice system was not quite… just . Sadly it’s usually the cases that are not broadcasted 24/7 on CNN and FOX that tend to fall through the cracks. It’s the impoverished, the youth, the victims of crimes and domestic abuse, the immigrants… those are the ones that are forced to navigate an unfair justice system first hand.  The travesty of justice can only get worse when suffered by the voiceless. As an immigration attorney, we see this first hand with immigrants put in removal proceedings, ...

At this point Immigration Reform is still at least a Congressional summer vacation away from being passed.  Most people "in the know" will tell you that the Senate Bill (BSEOIMA, S.744) will never have a vote in the House of Representatives. That may or may not be true.  What is clear is that the House of Representatives is feeling a great deal of pressure to do something on Immigration Reform, but is hesitating on allowing people who came without papers or who overstayed their visas to ultimately obtain permanent resident status or U.S. Citizenship without going through the "normal"  immigration process. Everyone is focused on the "undocumented" part of the immigration reform process, but the reality is that the really significant parts of the Senate bill have nothing to do with "amnesty" or "legalization."  The key parts of the bill deal with the FUTURE of immigration to the United States.  If a version of the Senate Immigration ...

Recently, the National Conference of State Legislatures issued a summary report of the fiscal and economic impact of immigrants utilizing information from ten different states.  This report provides an interesting look into positive impact of immigrants on our nation by showing the income and sales tax contributions as compared to the costs of education, health care, and corrections, among other factors. For those that believe undocumented immigrants do nothing to contribute to tax revenue, Arizona’s undocumented workers contributed $1.5 billion of the total $2.4 billion in 2004 .  The report also found that in 2010, immigrants contributed $3.9 billion to Arkansas ’ economy.  The report coming out of Georgia found that the “overall taxes unauthorized immigrant pay into the system is greater than the amount of benefits they receive”.  The report out of Minnesota estimated that in 2008 that without immigrant workers, the state would lose over 24,00...

Immigration is a maddeningly complex and counterintuitive area of law.   In addition to being complicated, immigration law involves dealing with a bureaucracy manned by government officers that are often poorly trained and almost always indifferent to the intricacies of individual cases.   More than one client has come to me at their wit’s end and confessed: “I finally determined that the only way I was going to get through this is with the help of God, and a good immigration attorney.”   Please consider the following in selecting an attorney to help you through the high stakes maze of immigration: 1.      Meet your prospective attorney in person .   Email and telephone communication are great mediums for exchange of information, but immigration cases are very personal and should require in-person meeting at least at the initiation stage to make sure your attorney is a good fit.   Make sure you ask the questions that are important to you, ...

One of the striking things about reading hundreds of newspaper articles about "immigration reform" with thousands of quotes from politicians is the amazing misuse of words and phrases that form an essential part of the debate.  To aid you in your understanding of the immigration reform debate, here are definitions of the key words and phrases, as used by the different side,s on this very important issue. Word/Phrase                                    Immigration Reform The Senate Immigration Bill DACA/Deferred Action for Childhood Arrivals DREAMers Amnesty Border Security “Back of the Line” E-Verify ...

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly."  Secretary Napolitano has  directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.” Frequently Asked Questions Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa? A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant a...