Marley, Magee & Associates, LLC

District Court Finds Ordinance Regulating Presence and Employment of Illegal Aliens is Unconstitutional

Originally posted by AILA at www.aila.org

A U.S. District Court in Pennsylvania found a city ordinance regulating the presence and employment of illegal aliens unconstitutional, stating "We cannot say clearly enough that persons who enter this country without legal authorization are not stripped immediately of all of their rights because of this single act."

"Ya es Hora!" - Or Maybe It's Not, At Least In Rhode Island

This past Saturday, several non-profit groups spent their time helping immigrants complete their applications for naturalization ahead of the projected 69% increase in filing fees that are scheduled to take effect July 30, 2007. According to the Executive Director of the International Institute of Rhode Island, there are approximately 70,000 legal immigrants in the state who are eligible for their citizenship. Despite this rather large number and the generous offer of free assistance, the event was relatively non-eventful. Approximately 200 people turned out, representing two tenths of one percent of those who could have benefited from the assistance. So what went wrong?

First, immigrants in Rhode Island come from all over the world, not just from Spanish speaking countries. Hispanics have become the face of illegal immigration but they are not the only face of immigration. Somewhere mixed in with those 70,000 eligible immigrants are Australians, French, Irish, Italians, Nigerians, Polish, Swedes, and the list goes on and on. I wonder what they thought when they heard, “Ya es Hora!”

Second, the organizers profiled the wrong person in the Providence Journal when seeking publicity for the event. The proud gentleman the newspaper profiled is a Guatemalan immigrant who has been in the
United States, legally mind you, for some 22-years. Nevertheless, the man had to speak through an interpreter because he presumably doesn’t speak English. Undoubtedly, my Guatemalan friend will seek a waiver of the English requirement at his naturalization interview since he is over the age of 50 and has been a lawful permanent resident for more than 20-years. Americans love people who come to this country legally and who desire nothing more than to be an American. But to be an American, you have to assimilate and you cannot assimilate if you do not speak the language. So while there may be 8 million immigrants in the United States eligible for U.S. citizenship, it’s important to remember, there are more than 208 million Americans already eligible to vote. While not your constituents, these Americans are part of your audience, and what motivates them to pick up the phone and call their Senator in opposition to Comprehensive Immigration Reform, is a person getting their citizenship who cannot speak English despite having been here for 22-years.

Third, immigration should be a uniting issue and not the exclusive providency of one ethnic group. Hispanic organizations within the state have done a tremendous service for their clients. Now it’s time for them to join with other groups and put a multi-cultural face on the immigration debate. Although the organizers of “Ya es Hora!” did not actively exclude other ethnic groups from participating in Saturday’s event, they certainly did so constructively. Perhaps next time, referring to the event in the English vernacular will actually bring action to, “Now’s the Time!”   

DREAM Act May be a Dream Come True

Senators Richard Durbin, Chuck Hagel, and Richard Lugar plan to resurrect the DREAM Act as an amendment to the newest Defense Authorization bill. The DREAM Act would allow undocumented immigrants, including those who have overstayed their visa, to adjust their status to that of a lawful permanent resident on a conditional basis. The condition would be in effect for a six-year period and must be removed prior to the immigrant applying for naturalization.

To qualify under the DREAM Act, an immigrant must show they (1) have been physically present in the United States for a continuous period of at least 5-years, (2) were under the age of 16-years at the time of their initial entry, (3) maintained good moral character, (4) are not otherwise inadmissible or deportable, (5) have graduated from high school, received their GED, or have been admitted to an institute of higher education in the United States, and (6) have never been under an administrative or judicial order of exclusion, deportation or removal. In certain circumstances where an immigrant is inadmissible or deportable, a waiver may be obtained from the Secretary of Homeland Security.

Contact the law office of Marley, Magee & Associates, LLC, toll free at (866) 573-5941 or (401) 608-2687 to determine if you’ll qualify for immigration benefits under the proposed DREAM Act.   

Ralph R. Papitto's Use of the N-word Shows a Lack of Integrity

 

Ms. Kate Bramson’s article in the Providence Journal, “Papitto says ‘N’ word just ‘slipped out’,” is an interesting study in the word “integrity.” While the N-word may very well have just “slipped out” of Mr. Papitto’s mouth, his subsequent actions makes the situation all the more deplorable. An ethical person, a moral person, a person with integrity would have admitted his mistake with the candor and honesty we demand from a person who is the namesake of a legal institution. His statement to radio personality John DePetro that he doesn’t use “that word,” and that the first time he heard it was on the radio in rap music is ridiculous at best. Mr. Papitto is 80-years old, am I to believe he spends his afternoons driving down I-95 listening to Snoop Dog?

The School of Law should lead by example. An institution dedicated to the study of law and justice should not bear the name of a person who speaks obsolete words of hatred and bigotry from a shameful era in American history. Perhaps a more appropriate name would be, “Roger Williams University Thurgood Marshall School of Law.” If Mr. Papitto had any integrity, he would request the name change himself.

 

Members of the United States Armed Forces May Qualify for Expedited Citizenship

Approximately 37,000 immigrants serve in all branches of the United States Armed Forces. Many of these warriors desire to become citizens but because of long deployments and military necessity, they very often never get around to completing the application process; many more simply do not know they are eligible. 

Non-citizen members of the Armed Forces who have served on active duty at any time beginning September 11, 2001, are eligible to apply for United States citizenship pursuant to a special provision of the Immigration and Nationality Act (INA). Section 329 of the INA allows active duty servicemembers who have served honorably during an authorized period of conflict to apply for citizenship without having to comply with the normal residency requirements. On July 3, 2002, President George W. Bush signed Executive Order 13269 designating the war against terrorism as an authorized period of conflict with an effective date of September 11, 2001. Executive Order 13269 makes expedited citizenship possible.

Section 329 of the INA requires all applicants to submit a properly completed application for naturalization, a current set of fingerprints, detailed biographic information, and a certificate of military service. Applicants honorably discharged from the Armed Forces prior to submitting their application should include a copy of their DD Form 214 Report of Separation. The only other requirement is that the member be a lawful permanent resident of the United States. Completed applications may be submitted through the servicemember’s military base or filed directly with United States Citizenship and Immigration Services (USCIS).

Several benefits accrue once a servicemember has obtained United States citizenship. Earning the right to vote in general elections and, in some cases, run for political office following a departure from the Armed Forces, are just two examples. Citizens also have the right to travel abroad for extended periods of time with a U.S. passport and seek assistance or protection from U.S. consulates. And, perhaps the most cherished benefit of all, citizens can petition on behalf of their foreign relatives to bring them to the U.S. to live permanently.   

Although the citizenship process is meant to be less complicated than for non-servicemembers, there are many pitfalls that could easily sink an otherwise valid application. For example, a Sailor who has received non-judicial punishment for an offense may find it difficult to establish good moral character. Therefore, servicemembers would be well advised to consult with a qualified immigration attorney prior to submitting their application for citizenship.

I-9 Compliance - Our Old and New Immigration Reform

Immigration reform should not be focused solely on targeting undocumented immigrants or building a fence at the border. Reform must also target unscrupulous employers who hire and exploit undocumented immigrants.

Federal law requires all employers complete and maintain DHS Form I-9 for each employee whether they are an American citizen or foreign national. When properly completed, Form I-9 accomplishes two things: (1) it may protect business owners from civil and criminal penalties in the event of an Immigration and Customs Enforcement (ICE) investigation, and (2) prevents employers from hiring undocumented workers.

Unnecessary incarceration of undocumented workers is wrong because it strips away the dignity of the human spirit while violating the sanctity of the familial unit; but, so too does exploitation at the hands of dishonorable business owners. The high risk of exploitation underscores the need for Congress to draft immigration legislation that will hold employers liable for wrongfully hiring undocumented workers while at the same time allowing those who are victims of inhumane treatment to report their abusers without fear of deportation. 

Today, because of our current immigration policy, undocumented workers come to the United States at their own peril. This policy is indefensible as no human life is worth more or less than any other. But if our current policy provides no protection to the sanctity of human life, so to should it provide no quarter for businesses who hire these undocumented workers.

Immigration Laws Aren't Perfect, But Compliance is Key

The Immigration Reform and Control Act of 1986 requires all U.S. employers to verify the employment authorization of every new employee, whether each is a U.S. citizen or a foreigner.

The March 7 immigration raid on Michael Bianco Inc. of New Bedford, a company employing more than 500 workers, illuminates the legal, economic and public relations nightmare a company can face for non-compliance with IRCA.

The economic consequences alone can be substantial, and they are borne from non-compliance with the relatively simple requirement that employers complete and retain a U.S. Department of Homeland Security Form I-9 for every employee hired after Nov. 6, 1986.

Employers such as Michael Bianco Inc. that fail to properly complete and retain Form I-9 can face fines ranging from $100 to $1,000 per individual I-9. Knowingly hiring or the continuous hiring of unauthorized workers can lead to fines of up to $10,000.

The arrest and detention of workers – in this case, more than two-thirds of the work force – has a substantial economic impact on a company and surrounding communities. The Defense Logistics Agency also announced that Michael Bianco Inc. would be precluded from bidding for future government contracts – a fairly lucrative loss of income considering its current $83.6 million contract.

The negative publicity for a small company like this is incalculable, because it wasn’t just the immigration issues that were brought into focus by the raid.

Oscar Wilde once said, “Morality, like art, means drawing a line someplace.” Michael Bianco Inc. did more than just cross the line when it subjected its workers to working conditions long since outlawed and regulated in the United States. It pole-vaulted across the line, all because of the bottom line – profits.

By not supplying workers with the most basic of accommodations such as heat and sufficient sanitary conditions, by systematically enforcing fines for basic rights such as talking and using the bathroom, and by paying workers a low hourly wage, Michael Bianco Inc. was able to thwart, through fear, employment and immigration laws, and make more of a profit by doing so than it would have if it had hired U.S. citizens.

But the problem goes beyond this company. The employment and immigration system in the United States is broken. Economic growth in the U.S. is facing a demographic dilemma in that there is a shortage of native-born Americans available to fill “essential worker” positions. Essential workers include unskilled and semi-skilled workers and are found in such jobs as restaurant workers, retail clerks, manufacturing line workers, agricultural workers and hotel service industry workers, to name a few.

The time for comprehensive immigration reform is here, and it is essential if the United States is to continue its economic growth. Above all, reform must include a fair and lawful way for U.S. employers to hire much-needed essential workers in the form of immigrant workers.

In addition, reform must encourage the undocumented or unauthorized immigrants to come out of the shadows and earn legal status, reducing the counterproductive family- and employment-based backlogs to integration. And, most importantly, reform must protect our borders and national security while preserving fundamental principles such as equal protection.

Employers, if faced with a visit from either Immigration and Customs Enforcement or the Department of Labor, can greatly reduce their liability by conducting an I-9 audit every year. And remember, as Benjamin Franklin said, “It takes many good deeds to build a good reputation, and only one bad one to lose it.”

America's Proud Congressional Mugwumps

The inability of Congress to pass Comprehensive Immigration Reform means many undocumented immigrants, including those who have overstayed their visas, will have to wait until at least 2008 before they can embark on a pathway to legalization and begin the process of assimilating into mainstream America. What’s most offensive about the non-passage is that for the foreseeable future, America will continue to grow less and less secure as people continue to stream across our open borders. Truth be told, the American people should have been less concerned with the façade of amnesty and instead, focused on what this bill would have provided – security.

Exploitation, human rights violations, extreme family hardships, human trafficking, dangerous border crossings, drug smuggling, terrorist infiltration – these are just a sampling of the problems that won’t be fixed because our borders won’t be secured. Congress shirked their responsibility to the American people claiming they weren’t given enough time for debate.  The truth is, Congress has had well over a year to get this bill together. But much like social security reform, education reform, and healthcare reform, Congress would rather cry amnesty and do nothing lest they be forced to make hard decisions that might jeopardize their chance at re-election. Our self-righteous Senators sit with their priggish mugs on one side of the fence all the while, their wumps remain on the other.