PUBLISHED: SANTIAGO-RODRIGUEZ v. HOLDER

On December 8, 2010, Attorneys Michael Friedberg and Mathew Ho of the Law Office of Friedberg & Trombi represented Julio Cesar Santiago-Rodriguez and successfully argued for him in front of the United States Court of Appeals for the Ninth Circuit.


Mr. Santiago, a legal resident, was charged with smuggling his wife and brother into the United States. He was subsequently ordered to be deported back to Mexico. Fortunately, The Law Office of Friedberg & Trombi fought for him and Mr. Santiago was granted a second chance at life here in the U.S.

Click here to view the published decision.

Alabama Passes Anti-Immigration Law, ACLU Responds

Gov. Robert Bentley, R-AL, signs H.B. 56 into law.
(Source: State of AL/CNN)

“This law is an outrageous throw-back to the pre-Civil Rights era, going beyond the discriminatory and unconstitutional police practices that we’ve seen in other states. It blocks the schoolhouse doors to children, will result in people being turned away when they try to rent a home, and places burdens on people of color at the voting booth. By signing this bill into law, Gov. Bentley has codified official discrimination in the State of Alabama.” – Cecillia Wang, director of the ACLU Immigrants’ Rights Project

 Late last Thursday, Alabama’s legislature passed HB 56, a law that, among other things, bars undocumented students from enrolling in public colleges, requires children to show proof of citizenship when enrolling in public kindergarten and grade school, and requires police to demand proof of citizenship from those they suspect are not authorized to be in the U.S. during a stop.

In addition, the bill makes it a crime to knowingly rent housing to an undocumented immigrant and makes it illegal for an undocumented immigrant to apply for a job.  It stops cities from passing legislation that defends undocumented persons, and calls for the use of E-Verify by all Alabama employers to determine the legal status of their employees.

Yesterday, The American Civil Liberties Union and the ACLU of Alabama announced that they will file, in association with other civil rights groups, a lawsuit challenging the constitutionality of HB 56.  Olivia Turner, executive director of the ACLU of Alabama, had this to say:

"By signing this bill into law, Gov. Bentley is willing to sacrifice the civil liberties of all Alabamans, eroding the rights of millions of people living and working in this state. This law undermines core American values of fairness and equality, subjecting both citizens and non-citizens alike to unlawful racial profiling, and does nothing to ensure the safety and economic security of Alabama.”

Yesterday, Alabama Governor Robert Bentley signed the bill, and it is expected to go into effect September 1st.

Sources: ACLU, New York Times, Immigration Impact

Texas Senate Blocks Anti-immigration Bill

On May 24, Senate Democrats voted to keep the controversial Texas HB 12 from moving to the floor.  In the same vein as the Arizona’s anti-immigration law, SB 1070, Rep. Burt Soloman’s HB 12 would prevent counties, cities, and other governmental entities or special districts from implementing policies that prohibit law enforcement from asking the immigration status of individuals who are arrested or lawfully detained.  Click here to view the bill.

On May 10, hours after the House passed the bill on to the Senate, State Rep. Ana Hernandez Luna gave a speech on her own story as an undocumented immigrant:

Source: AILA InfoNet (members only), My San Antonio.

Immigration: Myth and Facts

Over the years there have been many studies and numerous statistical reports that summarize the positive effects of immigration.  Still, misinformation about the impact of immigration abound.   

On May 4, 2011, The U.S. Chamber of Commerce released a pamphlet that refutes seven of the most common myths about immigrants coming to our country.   The pamphlet shows “that immigrants significantly benefit the U.S. economy by creating new jobs, and complementing the skills of the U.S. native workforce, with a net positive impact on wage rates overall.”

Some of the myths and their corresponding facts include:

o       Myth:  Immigrants drive down the wages of American workers.

o       Fact:    Immigrants give a slight boost to the wages of most Americans by increasing                              their productivity and stimulating investment.

o       Myth:  Immigrants will “over-populate” the United States.

o       Fact:    Immigrants will replenish the U.S. labor force as the Baby Boomers retire.

o       Myth:  Immigrants are more likely to commit crimes than U.S. natives.

o       Fact:    Immigration does not cause crime rates to rise and immigrants have lower                      incarceration rates than native-born Americans.

To view a copy of the pamphlet click here.

Congress Temporarily Halts Vote On DREAM Act

“I want everyone within the sound of my voice to understand how much I appreciate, and thousands and thousands of others, Senator Durbin’s advocacy on this issue. But I also want everyone within the sound of my own voice to know that we’re going to vote on the DREAM Act, it’s only a question of when. That’s all this is about, basic fairness. But this isn’t the end of this. We’re going to continue to move on.”

 -Senate Majority Leader, Harry Reid (D-NV)

These words spoken by Senator Reid shortly after the senate voted 56 to 43 against proceeding to the Defense Authorization Act.  This means that the DREAM Act, an immigration bill that would provide legal status to people who graduate from high school and pursue college or enlist in the military, will not be considered by the senate as an amendment to the bill.

The passage to citizenship for thousands of hopeful and promising undocumented youth is now pushed farther away.   

Leading up to the vote, accusations and statements from both sides of the senate had been rampant; Senator John McCain (R-AZ) called the DREAM Act Reid’s “effort to get re-elected” and stated that the DREAM was “totally unrelated to national defense”, while Senate Majority Whip Dick Durbin (D-IL) advised Republicans to “stop hiding in the shadows.” 

All the vacuous and tired arguments miss the point; deserving kids must have a chance at the American dream. Their participation in American society would benefit America greatly, as David Leopold writes: “The Dream Act targets for future citizenship exactly the kind of people America should be embracing: young soldiers, scholars, strivers, future leaders.”

These young people need to be encouraged in their aspirations and not restricted; their potential must be realized and not unmet. Marielena Hincapié, executive director of the National Immigration Law Center, states:

“Ultimately, those in opposition voted not in favor of process, but against young immigrants who have shown more leadership than some of our elected officials. As a result, the dreams of the young men and women who have been waiting to fulfill their highest potential and contribute to America will continue to be on hold, and our country will suffer.”

America must look forward and turn its back on the restrictionist zeal that plagues its lands.  What kind of America do you envision in the future? An America still wading through the swamps of ignorance and xenophobia? Or an America planted on the ground of diversity and acceptance?  The DREAM Act is a bold step toward dry land.

Sources: ImmigrationProf Blog, AILA Leadership Blog, Immigration Impact, NBC Chicago.

President Obama Pledges His Full Support For The DREAM Act

                 "President Obama's Speech at a CHC Gala 9/15/2010"

Last night at a CHC gala, President Obama expressed his full commitment to help move the DREAM Act:

Now, the Senate is going to have a chance to do the right thing over the next few weeks when Senator Reid brings the DREAM Act to the floor. Keep in mind, in the past, this was a bill that was supported by a majority of Democrats and Republicans. There’s no reason why it shouldn’t receive that same kind of bipartisan support today. I’ve been a supporter since I was in the Senate, and I will do whatever it takes to support the Congressional Hispanic Caucus’ efforts to pass this bill so that I can sign it into law on behalf of students seeking a college education and those who wish to serve in our country’s uniform. It’s the right thing to do. We should get it done.

Also, today President Obama held a meeting with Senator Robert Menendez (D-NJ) and Congressional Hispanic Caucus (CHC) members, chairwoman Nydia Velázquez (D-NY) and Rep. Luis Gutierrez (D-IL) to address the movement of the DREAM Act.

After the meeting, Rep. Luis Gutierrez  told reporters that Obama would “leave no stone unturned.” Rep. Nydia Velázquez  added that Obama promised to speak to senators.

Senate Majority Leader Harry Reid (D-NV) will bring the DREAM Act to a vote next week.
 
For more information on the DREAM Act click here.

For a full transcription of the above mentioned speech click here.

Sources: Immigration Impact, Politico 44.

U.S.C.I.S. Memo Has Anti-Immigrant Groups Panicking

An internal Department of Homeland Security memo entitled “Administrative Alternatives to Comprehensive Immigration Reform” was attacked by conservative activists Monday.

Activist groups such as the Eagle Watch, The Family Research Council, Judicial Watch, and a Washington-area segment of the Tea Party movement, sent a letter to the White House citing reports that the administration is thinking about using its executive power “to effectively legalize significant number of illegal aliens.”

The head of NumbersUSA, an immigration reduction organization, alleged that, “The administration is terrified that the illegal immigrant population is going to go down further because they want to keep them here in order to give them the amnesty and turn them into voters.”

The document outlines a draft proposal that would give protection and/or assistance to individuals currently in the United States without authorization. It also mentions “deferred action.” Deferred action “would permit individuals for whom relief may become available in the future to live and work in the U.S. without fear of removal.”

It goes on to state that the suggestions have the “potential to result in meaningful immigration reform absent legislative action.” However, it also acknowledges that if they adopted the suggestions without limits, it will be very expensive and controversial.

A statement from the U.S.C.I.S. indicated that the memo was simply brainstorming. “Internal memos do not and should not be equated with official action or policy.” They went on to state that they, “will not grant deferred action or humanitarian parole to the nation’s entire illegal population.”

To view the memo click here.

Source: CNN