On September 22, 2010, Charles Oppenheim of the Department of State’s (DOS) Visa Office met with the American Immigration Lawyers Association’s (AILA) DC Chapter, where he discussed the Visa Bulletin, family- and employment-based priority dates, and other issues.

Among other things, AILA reported Mr. Oppenheim as noting that many EB‐3 beneficiaries from India and China are now eligible for and applying under the EB‐2 category. He said that he does not expect priority dates in the EB‐3 category for Indian and Chinese nationals to advance at a pace greater than that experienced during fiscal year (FY) 2010.

According to AILA, Mr. Oppenheim made the following short‐term predictions about the employment‐based priority dates:

EB‐2 and EB‐3, China. These two categories are expected to move slowly over the next few months, by one or two weeks at a time.

EB‐2, India. This category is expected to remain unchanged or to move very slowly forward, by a week or so. This is mainly a result of EB‐3 Indian applicants (approximately 60,000 cases pending) “porting” their priority dates into the EB‐2 category and thus using visa numbers, he said.

EB‐3, India. Similarly, this category is expected to move very slowly over the next few months, perhaps by one or two weeks at a time.

EB‐3, Rest of World (ROW). This category is expected to move slightly forward or to remain unchanged in the November 2010 Visa Bulletin due to the high number of applications waiting for a visa number in this category.

E‐4, Special Immigrant Religious Workers, may have cut-off dates by the end of this year.

EW has such a small number of visas (5,000 per year) that it will advance very slowly. As with those in the EB‐3 category, many of these cases are at the District Offices, so Mr. Oppenheim does not know the numbers until after moving the cut‐off date forward.

AILA reported that Mr. Oppenheim also said, among other things, that under AC21, EB‐1 China/India cases are not currently subject to the per-country limit, because of the crossover in that category of otherwise unused numbers from other countries. This has allowed 5,000‐6,000 visa numbers to be allocated to the India and China EB‐1 categories when approximately 2,800 would be the normal limit. The remaining unused EB‐1 numbers “fall down” into the EB‐2 categories, which has allowed approximately 20,000 EB‐2 numbers for India and nearly 6,500 for China. The availability of these numbers “fall across” strictly in priority date order, not by country, Mr. Oppenheim noted.

The November 2010 Visa Bulletin is available at the following link:

http://travel.state.gov/visa/bulletin/bulletin_5172.html.

DHS Inspector General Report Exposes Abuses in State & Local Immigration Enforcement

FOR IMMEDIATE RELEASE: Wednesday, April 1, 2010

DHS Inspector General Report Exposes Abuses in State & Local Immigration Enforcement. AILA Calls upon Secretary Napolitano and Congress to End the 287(g) Program

WASHINGTON, DC – Today the Department of Homeland Security Office of Inspector General issued a comprehensive report confirming civil rights abuses in a federal program that “deputizes” state and local law enforcement agencies to enforce immigration law. The Inspector General tells of local officers arresting individuals who have committed no offense – including even victims – for the sole purpose of identifying whether they have lawful immigration status.

“Nothing is more debilitating to American values than abuses committed by local police who are the very essence of law enforcement and protection of our communities,” said Bernie Wolfsdorf, President of the American Immigration Lawyers Association (AILA). In one case, a supervisor recounted how a state highway patrol officer transported an accident victim to a jail to determine the victim’s immigration status. The officer did not take him to a hospital. The victim was not even brought to the jail to be charged with a state crime. The sole -and improper–purpose of the officer’s actions was to determine whether the victim was deportable. “Abuses like this severely undermine communities’ faith in those charged with protecting us and keeping our streets, communities, and businesses safe.”

“Many think demagogues like Sheriff Joe Arpaio of Arizona are the exception to the rule, but we now know that such abuses are happening elsewhere and with the permission of the federal government,” said Wolfsdorf. The Inspector General found that, under this deputizing program, some local police have launched operations with the aim of detaining individuals for minor offenses and violations of local ordinances so they could identify unauthorized immigrants. Police apprehended immigrants even when they had no prior arrests on state or local charges. The federal report confirms what community groups have known for years: that officers arrest individuals for minor offenses, such as fishing without a license or driving with broken taillight, as a pretext to initiate deportation proceedings.

Under section 287(g) of the Immigration and Nationality Act, state and local law enforcement agencies, acting under federal supervision, may assume federal immigration enforcement powers. This delegation of immigration enforcement power must be executed through formal written Memoranda of Agreement between the federal government and the local authority. The memoranda require state and local officers to abide by federal civil rights laws. The Inspector General found widespread lack of adequate training, guidance, monitoring or oversight. “The federal government has failed in its duty to train and supervise local officers. This program has turned local police into agents of fear within law-abiding communities,” said Wolfsdorf. “Immigration lawyers hear reports everyday that immigrants are afraid to talk to the police and to report crimes. Through this program the federal government is undermining the ability of local authorities to ensure all Americans’ safety and security.” The report also noted that Immigrations and Customs Enforcement (ICE) failed to provide accurate information about the program to Congress and the public. AILA urges Secretary Napolitano to terminate immediately the entire 287(g) program and calls upon Congress to end its funding.

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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.