Immigration Update: Maximizing Public Safety and Better Focusing Resources.

Posted by Cecilia Muñoz on August 18, 2011 at 02:00 PM EDT.

President Obama is deeply committed to fixing our immigration laws and has been aggressively searching for partners in Congress who are willing to work with him to pass a new law. As he focuses on building a new 21st century immigration system that meets our nation’s economic and security needs, the President has a responsibility to enforce the existing laws in a smart and effective manner. This means making decisions that best focus the resources that Congress gives the Executive Branch to do this work. There are more than 10 million people who are in the U.S. illegally; it’s clear that we can’t deport such a large number. So the Administration has developed a strategy to make sure we use those resources in a way that puts public safety and national security first. If you were running a law enforcement agency anywhere in the world, you would target those who pose the greatest harm before those who do not. Our immigration enforcement work is focused the same way.

Under the President’s direction, for the first time ever the Department of Homeland Security has prioritized the removal of people who have been convicted of crimes in the United States. And they have succeeded; in 2010 DHS removed 79,000 more people who had been convicted of a crime compared to 2008. Today, they announced that they are strengthening their ability to target criminals even further by making sure they are not focusing our resources on deporting people who are low priorities for deportation. This includes individuals such as young people who were brought to this country as small children, and who know no other home. It also includes individuals such as military veterans and the spouses of active-duty military personnel. It makes no sense to spend our enforcement resources on these low-priority cases when they could be used with more impact on others, including individuals who have been convicted of serious crimes.

So DHS, along with the Department of Justice, will be reviewing the current deportation caseload to clear out low-priority cases on a case-by-case basis and make more room to deport people who have been convicted of crimes or pose a security risk. And they will take steps to keep low-priority cases out of the deportation pipeline in the first place. They will be applying common sense guidelines to make these decisions, like a person’s ties and contributions to the community, their family relationships and military service record. In the end, this means more immigration enforcement pressure where it counts the most, and less where it doesn’t – that’s the smartest way to follow the law while we stay focused on working with the Congress to fix it.

Cecilia Muñoz is White House Director of Intergovernmental Affairs

NEW YORK – Attorney General Eric T. Schneiderman today announced that his office has shut down two fraudulent immigration service companies for targeting and defrauding Haitian nationals who were affected by the devastating January 2010 earthquake. The entities defrauded the victims of thousands of dollars by illegally providing immigration services they were not authorized to provide and by misrepresenting a new law that granted Temporary Protected Status (”TPS”) to qualified Haitian nationals.

“These con artists preyed on vulnerable families in the aftermath of Haiti’s devastating earthquake, by misrepresenting the law and providing fake immigration services. Today, these organizations are being held accountable for their fraudulent actions and their brazen disregard for the people they are purporting to help,” said Attorney General Eric T. Schneiderman. “It is unconscionable that these companies defrauded victims of the Haiti earthquake just to make a quick buck. We will continue working aggressively to root out fraud wherever it exists, and that includes bringing those who prey on the immigrant community to justice.”

The entities defrauded the victims of thousands of dollars by illegally providing immigration services they were not authorized to provide. Specifically, these entities and individuals, who are not attorneys or accredited by the federal government, lured Haitian immigrants with the false promise of securing them legal immigration status. Moreover, they charged victims hundreds of dollars without determining whether the customers would have been eligible to obtain the TPS immigration benefit at all or could have obtained a waiver of fees from the federal government.

Under the terms of the agreements, Rincher’s Bookstore a/k/a Rincher Associates, Inc. a/k/a Rincher Associates & Bookstore a/k/a Rincher’s Multi Services, Haitian American Entrepreneur’s Group, LLC a/k/a Delrin Associates, LLC, and Profimax, Inc. and their owners Deslande Seixas-Rincher a/k/a Dislande Rincher, Sharlene Seixas-Rincher and Fred Pinard are required to shut their businesses, are permanently barred from operating a business that provides immigration-related services, and must collectively pay more than $25,000 for their illegal practices. These corporations are required to notify all former and current clients in writing that they are no longer providing any immigration-related services, return client files, and retain all records regarding any complaints.

Additionally, in June 2010, the Attorney General’s Office initiated a lawsuit against Chay Pa Lou Community Center, Inc.; Delegue Tax Consultant, Inc. and Jean Michel. The Court recently issued a preliminary injunction in the case. While the lawsuit is pending, Defendants are barred from, among other things, providing any immigration services or legal advice, from practicing law or holding themselves out to be practicing law, and from destroying or disposing of any records relevant to the case.

Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services, stated: “As we mark the one-year anniversary of the Haitian earthquake, we continue to witness a community that remains extremely vulnerable while attempting to survive the atrocities in Haiti. I commend the Attorney General’s Office for fighting to prevent the most vulnerable of immigrants from being victimized for a second time by shutting down businesses that can further harm a community already in dire need of assistance.”

Kathleen A. Masters, Executive Director of CAMBA Legal Services, stated: “We applaud the Attorney General’s Office for ensuring that fraudulent and predatory entities do not target and take advantage of these particularly vulnerable families who are seeking potentially life-saving immigration relief in the wake of the tragic earthquake in Haiti.”

All New Yorkers should be aware of organizations and not-for-profits providing immigration services for exorbitant fees and without proper accreditation. A list of free and low-cost immigration services that are authorized to provide immigration services can be found through the Board of Immigration Appeals (BIA) at www.usdoj.gov/eoir/statspub/raroster.htm/.

The cases are being handled by Assistant Attorneys General Sandra Abeles and Vilda Vera Mayuga and Assistant Deputy Counselor Elizabeth De León, with the assistance of Investigators John McManus and Angel LaPorte, under the supervision of Chief Counsel for Civil Rights Spencer Freedman.

If you have been a victim of immigration services fraud, please contact the Attorney General’s Immigration Services Fraud Unit Hotline at (866) 390-2992 or visit www.ag.ny.gov

BUFFALO, N.Y. – Human trafficking is a horrific crime in both the United States and around the world. According to U.S. Government estimates, more than 12 million persons globally are subjected to trafficking or exploitive circumstances. The United Nations estimates human trafficking is a multi billion dollar per year criminal enterprise worldwide.

In a concerted effort to promote public awareness of the threat of human trafficking and forced labor, federal law enforcement agencies came together in Buffalo to discuss unified enforcement efforts to attack these criminal organizations who attempt to enslave innocent victims.

The public event was hosted by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Attorney for the Western District of New York at Buffalo State College. The goal of the event was to highlight the issue of human trafficking, increase public awareness of ICE’s mission and enforcement efforts and to enhance the dialogue between ICE and members of the public service associations, universities, and attorneys who provide assistance to immigrant communities in Western New York.

“Around the globe, ICE’s Homeland Security Investigations (HSI) is dedicated to detecting and dismantling criminal organizations that reap enormous profits on the backs of innocent victims forced into virtual slave like conditions,” said Lev Kubiak, special agent in charge of ICE HSI in Buffalo. “ICE partners with local, state and federal law enforcement agencies and community groups here and in foreign countries to bring to justice criminals who exploit people by stealing their basic human rights and freedom. To this end, it is important that the public and those that provide assistance to immigrant communities also fully understand ICE’s mission.”

“If there’s one thing true in the 21st Century, it’s that the world has become a very small place. This is especially true when it comes to immigration-related issues,” said U.S. Attorney Hochul. “In Western New York, we have immigrants from throughout the world right here in our community. Immigration and Customs Enforcement officers, meanwhile, conduct investigations out of the Buffalo office that involve people and countries located throughout the world. In both instances, collaboration among law enforcement, community leaders, non-governmental organizations and university faculty and students are vitally important as we seek to return Western New York to the prominence it once held. For these reasons, I applaud the Buffalo ICE office for a program that was very worthwhile.”

The meeting was attended by law enforcement officials, advocacy groups, and academics along with representatives of U.S. Senator Kristen Gillibrand’s and Congressman Christopher Lee’s offices.

“I appreciate representatives from ICE coming to Buffalo today to discuss the joint enforcement efforts by the agency and the U.S. Attorney for Western New York to combat the growing trend of human trafficking,” said Congressman Chris Lee (NY-26). “Today’s event was an opportunity for the public to learn how ICE is partnering with local officials and organizations to combat this troubling trend, and I appreciate the efforts of ICE and U.S. Attorney Hochul to confront this important issue head-on.”

ICE officials also explained the Department of Homeland Security’s Blue Campaign, a agency wide initiative to combat human trafficking through enhanced public awareness, victim assistance programs, and law enforcement training and initiatives. The campaign encompasses a wide range of programs designed to engage to the American and global public; the Department’s federal, state, local and tribal law enforcement partners; non-profit and non-governmental organizations; and governments around the world.

In addition, ICE officers discussed the agency’s mission and presented information on a number of enforcement and community outreach programs.

Michael T. Phillips, director of the ICE’s Enforcement and Removal Operations (ERO) office in Buffalo also made presentations on the mission of ICE ERO in Western New York. Phillips said, “Today’s event was an effort to further foster an environment of open communication between ICE’s various entities and the NGO and advocate community. All parties involved are best served when we are able to maintain an open dialogue regarding our respective missions.”

“We view this outreach and information session as a unique opportunity to not only learn about the many facets of ICE but to also have access to a vast array of supervisory staff responsible for directing this often time confusing maze of immigration enforcement,” said Joanne Macri, director of Criminal Defense Immigration Project for the New York State Defenders Association. “We wish to express our gratitude to Director Phillips for providing this forum as we look forward to a continuing relationship open communication with the Buffalo SAC and ERO.”

“The Departments of Justice, Homeland Security and Labor announced today the launch of a nationwide Human Trafficking Enhanced Enforcement Initiative designed to streamline federal criminal investigations and prosecutions of human trafficking offenses. As part of the Enhanced Enforcement Initiative, specialized Anti-Trafficking Coordination Teams, known as ACTeams, will be convened in select pilot districts around the country. The ACTeams, comprised of prosecutors and agents from multiple federal enforcement agencies, will implement a strategic action plan to combat identified human trafficking threats. The ACTeams will focus on developing federal criminal human trafficking investigations and prosecutions to vindicate the rights of human trafficking victims, bring traffickers to justice and dismantle human trafficking networks.”

February 1st, 2011.

At the request of the Federal Trade Commission, a federal judge has shut down an operation that allegedly posed as the U.S. government, then duped consumers into paying fees ranging from $200 to $2,500 by claiming the fees would cover processing by the United States Citizenship and Immigration Services. The court froze the defendants’ assets and appointed a receiver to take over the business until the case is resolved. The FTC has asked the court to halt the business practices permanently and order the operation to repay its victims.

The real U.S. Citizenship and Immigration Service (USCIS), a division of the Department of Homeland Security, offers advice and counseling to immigrants in the United States and people seeking to immigrate to the United States. USCIS provides application forms for such benefits as green card renewal, work visas, and applications for asylum. The application forms are free but can cost hundreds or thousands of dollars to process.

According to the FTC, defendants Immigration Center and Immigration Forms and Publications, Inc., set up websites that mimic official government sites, and then used the fake sites to steer immigrants to their deceptive telemarketing operation. The websites depicted American eagles, the U.S. flag, and the Statue of Liberty and had URLs such as www.uscis-ins.us and www.usgovernmenthelpline.com. The sites directed consumers to call a toll-free number that an automated voice answered, “Immigration Center.” Consumers were then transferred to a live person who answered, “USCIS or “U.S. Immigration Center,” and identified him or herself as an “agent,” “immigration officer,” or “caseworker.” The sites also offered counseling and application forms. The counseling was done by telemarketers who did not meet legal requirements to provide immigration services, the FTC said.

Adding to the consumers’ confusion, the FTC alleged, the defendants charged fees for application forms that were the same amount as the government processing fees, leading them to believe the fees covered the cost of USCIS processing. Some consumers who applied for the forms were told to send checks by overnight mail to cover the costs. Others paid with checks or money orders on delivery. Consumers ended up paying for applications that were never processed by the USCIS for failure to pay the official processing fee, or, in some cases, they were charged twice, once by the defendants and once by the government after the defendant forwarded their bank account information to USCIS.

The FTC charged the defendants with violating federal law by misrepresenting:

* that they were authorized to provide immigration and naturalization services;
* that they were affiliated with the U.S. government; and
* that the fees paid by consumers would cover all the costs associated with submitting immigration documents to the USCIS.

In addition, two of the defendants were charged with providing the others with the means and instrumentalities to further the illegal scheme.

The correct website of the U.S. Citizenship and Immigration Service is www.uscis.gov.

The defendants named in the case are Immigration Center; Immigration Forms and Publications, Inc; Charles Doucette, individually and doing business as Telestaffing; Immigration Forms and Services and Immigration Form Processing; Deborah Stilson aka Deborah Malmstrom; Alfred Boyce; Thomas Strawbridge; Robin Meredith; Thomas Lawrence; and Elizabeth Meredith.

The Commission vote authorizing staff to file the complaint was 5-0. The complaint was filed in the U.S. District Court for the District of Nevada.

The FTC wishes to acknowledge the invaluable assistance in this matter by the Department of Homeland Security; the U.S. Customs and Immigration Services; Immigration and Customs Enforcement; Office of the Attorney General of Colorado; Office of the Attorney General of Missouri; Office of the Attorney General of Nevada; the Pettis County, Missouri Sheriff’s Office; the Department of Justice and Executive Office for Immigration Review; and the U.S. Postal Inspection Service.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. The case will be decided by the court.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

MEDIA CONTACT:
Claudia Bourne Farrell
Office of Public Affairs
202-326-2181
STAFF CONTACT:
David Horn
Northwest Region
206-220-4483

The new certificates, used to obtain passports and other legal documents, come after U.S. Citizenship and Immigration Services (USCIS) unveiled a new green card — the ID card for immigrants with permanent residency status — this year that had improved security features to prevent forgery and tampering.

Read the article in USA Today at the following link:

http://www.usatoday.com/news/nation/2010-10-25-citizenship25_ST_N.htm

Our staff of immigration law professionals are sensitive to the needs of our clients and the members of their families. Many members of our staff are themselves foreign born and have family and/or friends who have gone through the immigration process. As a result, our staff of business immigration law professionals have a personal and unique approach to processing visas and for dealing with our foreign national clientele. Our legal team can clearly explain how to process temporary and permanent work permits in the U.S. The PERM Labor Certification Process is time-consuming and complex and our staff of business immigration law professionals can clearly explain the process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English.

To schedule a consultation, please feel free to info@visaserve.com or you can call toll free to 1-866-599-3625.

By Charles E. Schumer and Lindsey O. Graham

Friday, March 19, 2010

Our immigration system is badly broken. Although our borders have become far more secure in recent years, too many people seeking illegal entry get through. We have no way to track whether the millions who enter the United States on valid visas each year leave when they are supposed to. And employers are burdened by a complicated system for verifying workers’ immigration status.
Last week we met with President Obama to discuss our draft framework for action on immigration. We expressed our belief that America’s security and economic well-being depend on enacting sensible immigration policies.

The answer is simple: Americans overwhelmingly oppose illegal immigration and support legal immigration. Throughout our history, immigrants have contributed to making this country more vibrant and economically dynamic. Once it is clear that in 20 years our nation will not again confront the specter of another 11 million people coming here illegally, Americans will embrace more welcoming immigration policies.
Our plan has four pillars: requiring biometric Social Security cards to ensure that illegal workers cannot get jobs; fulfilling and strengthening our commitments on border security and interior enforcement; creating a process for admitting temporary workers; and implementing a tough but fair path to legalization for those already here.

Besides border security, ending illegal immigration will also require an effective employment verification system that holds employers accountable for hiring illegal workers. A tamper-proof ID system would dramatically decrease illegal immigration, experts have said, and would reduce the government revenue lost when employers and workers here illegally fail to pay taxes.

We would require all U.S. citizens and legal immigrants who want jobs to obtain a high-tech, fraud-proof Social Security card. Each card’s unique biometric identifier would be stored only on the card; no government database would house everyone’s information. The cards would not contain any private information, medical information, nor tracking devices. The card will be a high-tech version of the Social Security card that citizens already have.

Prospective employers would be responsible for swiping the cards through a machine to confirm a person’s identity and immigration status. Employers who refused to swipe the card or who otherwise knowingly hired unauthorized workers would face stiff fines and, for repeat offenses, prison sentences.

We propose a zero-tolerance policy for gang members, smugglers, terrorists and those who commit other felonies after coming here illegally. We would bolster recent efforts to secure our borders by increasing the Border Patrol’s staffing and funding for infrastructure and technology. More personnel would be deployed to the border immediately to fill gaps in apprehension capabilities.

Other steps include expanding domestic enforcement to better apprehend and deport those who commit crimes and completing an entry-exit system that tracks people who enter the United States on legal visas and reports those who overstay their visas to law enforcement databases.

Ending illegal immigration, however, cannot be the sole objective of reform. Developing a rational legal immigration system is essential to ensuring America’s future economic prosperity.

Ensuring economic prosperity requires attracting the world’s best and brightest. Our legislation would award green cards to immigrants who receive a PhD or master’s degree in science, technology, engineering or math from a U.S. university. It makes no sense to educate the world’s future inventors and entrepreneurs and then force them to leave when they are able to contribute to our economy.

Our blueprint also creates a rational system for admitting lower-skilled workers. Our current system prohibits lower-skilled immigrants from coming here to earn money and then returning home. Our framework would facilitate this desired circular migration by allowing employers to hire immigrants if they can show they were unsuccessful in recruiting an American to fill an open position; allowing more lower-skilled immigrants to come here when our economy is creating jobs and fewer in a recession; and permitting workers who have succeeded in the workplace, and contributed to their communities over many years, the chance to earn a green card.

For the 11 million immigrants already in this country illegally, we would provide a tough but fair path forward. They would be required to admit they broke the law and to pay their debt to society by performing community service and paying fines and back taxes. These people would be required to pass background checks and be proficient in English before going to the back of the line of prospective immigrants to earn the opportunity to work toward lawful permanent residence.

The American people deserve more than empty rhetoric and impractical calls for mass deportation. We urge the public and our colleagues to join our bipartisan efforts in enacting these reforms.

Charles E. Schumer is a Democratic senator from New York. Lindsey O. Graham is a Republican senator from South Carolina.

Speakers for US Customs and Border Protection:

Paula Heacock, Branch Chief, Enforcement Operations
Louis Mejia, Supervisor for Admissibility Issues
Kevin Donohue, Deputy Chief, Criminal Enforcement

Arriving Aliens with Convictions

Kevin Donohue spoke about deferred inspection and expedited removal of arriving aliens. He explained that CBP receives a list of individuals on a flight when it leaves an airport abroad. In the time that it takes for the flight to get to the US, using technology, CBP can get a record of conviction from the courthouse. Accordingly, arriving aliens with criminal convictions can be immediately placed in expedited removal proceedings. This is an improvement from the past when the alien would be placed into deferred inspection and told to return with a copy of the conviction. Under that system, many aliens were simply failing to show up at the deferred inspection. The expedited removal option that CBP is exercising with greater frequency has alleviated the burden placed on the deferred inspection system.

Mandatory Detention for Post-1998 Convictions

Officer Donohue pointed out that the law provides for mandatory detention with post-1998 convictions (Section 236(c)). Individuals with these convictions get detained in all cases. Thereafter, NTAs are sent to the General Counsel for legal sufficiency. The General Counsel for CBP is located at 1 Penn Plaza in Manhattan. Consideration will be given to humanitarian needs such as whether the individual is a sole provider for children, and whether he/she has health issues. This procedure is based on a program that was piloted in Atlanta and Miami.

A member asked about whether attorneys would be permitted at secondary interviews. Officer Donohue responded that such a right is not given under the law, but that reasonable requests will be considered on a case-by-case basis (this goes through Judith Altmann, Associate Chief Counsel). The general phone number for the airport is 973-565-8000 (press #1 for the duty supervisor). If the attorney is not permitted to attend, he or she will still be told about what is happening with the case and will be shown a copy of the NTA and be provided with a sworn statement. He pointed out that in cases where the attorney is retained later in the process, and the client does not have a copy of the sworn statement, it can be obtained through a FOIA request. A FOIA request can be made through the General Counsel at the following contact information:

Craig Stahl
FOIA Officer
CBP Office
1 Penn Plaza, 11th Floor
New York, NY
646-733-3200

An attorney can call and ask for the “attorney-of-the-day” and that person will log-in the information.

H-1B Admissions

Officer Donohue maintained that there has been fraud in the H-1B program, and that H-1Bs have been subjected to increased scrutiny at the port of entry. He indicated that officers may call the employer in order to make a determination about admissibility. He stated that while CBP will not permit the alien to call his/her attorney, CBP may call the attorney themselves.

Officer Donohue stated that CBP now has the technology to verify that the person who was interviewed at the embassy is the same person presenting at the port of entry. CBP is also able to access DOL information.

Officer Mejia indicated that he has “read the blogs” and knows that there is a perception that the H-1B denials are being experienced disproportionately by Indian Nationals. He categorically denied this claim. He also denied allegations that “rovers” are removing foreign national from the initial line and sending them directly to secondary inspection. He further noted that there are 4 flights arriving from India per day, and those flights have the most H-1Bs onboard.

Members expressed frustration with the fact that they are preparing their clients for interviews, and arming them with the necessary documentation, but the clients are still being denied visas and/or entry. This is particularly common where there is “seconding” occurring; these are complex, but legitimate, employment relationships that are even difficult for attorneys to understand. Officer Mejia indicated that members were doing exactly what they should be doing,( i.e., sending the foreign national to the port of entry well-armed with documentary evidence). Members also asked whether CBP was re-adjudicating cases based on a recent CIS memo. Officer Mejia indicated that the memo was not controlling on CBP, that they did not read it as calling for a re-adjudication, and that they were not re-adjudicating cases.

Members asked whether H-1Bs might be given a choice to withdraw their application for admission instead of being removed. Officer Mejia said that it would depend upon the circumstances; the Chief Counsel would have to be consulted. Another member suggested that, rather than removing an individual, CBP could issue an NTA. This procedure would permit an attorney to assist the foreign national. It was agreed that this would be the subject of further discussion between CBP and AILA NJ.

Closing of Varick Street Facility

Members inquired as to whether the closing of the Varick Street Facility would place extra pressure on NJ sites. The officers indicated that this would not occur because New York and New Jersey are entirely separate entities.

I-751 pending

Officer Donohue stated that when an alien presents an I-551 stamp, the alien will always be placed in secondary inspection. He also pointed out that this was true of anyone traveling with any document that did not have a biometrics identifier (e.g. I-551 stamp, I-797 extending the Conditional Residence for one year pending I-751 adjudication. In response to a member question, he indicated that there is no way for an officer to access any system that will tell him/her whether the alien has filed for divorce.

Expired Green Cards

Aliens who have been out of the U.S. for more than 6 months, or who have expired green cards, will be placed in secondary. Officer Donohue indicated that they have information about how long each LPR has spent outside the US.

Courtesy of Victoria Donoghue, Esq. and David H. Nachman, Esq.
NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
VISASERVE PLAZA
487 Goffle Road
Ridgewood, New Jersey 07450
Phone (201) 670-0006
Facsimile (201) 670-0009
WE ALSO HAVE NEW YORK OFFICES LOCATED AT 7 WEST 36TH STREET, 14TH FLOOR, NEW YORK, N.Y. 10018 (NEAR FIFTH AVENUE).
FOR INFORMATION ABOUT OUR OFFICES IN MONTREAL AND TORONTO, CANADA AND OUTBOUND IMMIGRATION OPTIONS TO CANADA PLEASE E-MAIL US AT INFO@VISASERVE.COM.
YOU CAN ALSO VISIT US ON THE WORLD WIDE WEB AT WWW.VISASERVE.COM.