Hunger Strikers in New York and Los Angeles "Starve for a Dream". They are striking for a stand alone Dream Act, a program that would help undocumented immigrant students who have been living in the U.S. since they were young.
PIERCE'S IMMIGRATION LAW E-NEWSLETTER is free. It is published by the Law Offices of Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization. 523 W. 6th St., Ste. 348, Los Angeles, CA 90014. (213) 327-0044. Email: curtis.pierce@cpvisa.com
U.S. District Judge Susan Bolton may have won the Senate Bill 1070 battle, but Arizona Governor Jan Brewer has vowed to win the war, even if she has to take the case to the Supreme Court. Ultimately, Judge Bolton's temporary injunction will impede the enforceability of the intact senate bill, including the most controversial aspects of the contentious statute. Amongst these polemic bill parts left out of play, during this round, will be state police officers' authority to inquire as to legal status, while interacting with residents in the context of other laws. Although Brewer is willing to consider modifications that will “tweak” the bill, just enough to make it enforceable, she is intent on enacting the entire bill into law. On Friday, July 31, 2010, Brewer told the Associated Press that she contacted the Arizona legislature about calling a special session to review Bolton's injunction. Despite the Arizona Republican v. Democrat legislative tug-of-war between the former's unwillingness to weaken the bill's essence and the latter's unwillingness to help make the bill enforceable, at all, Governor Brewer is not alone in her fight. Supporters have been making donations to help Arizona upend the temporary injunction, to the tune of $1.6 million.
Still the topic continues to garner international attention and managed to get at least 70 protesters arrested, in the past week. Nevertheless, anti-SB 1070 crusaders can chalk up one for their side, as the temporarily mutilated bill became enforceable on Thursday, without its meatier parts. As it stands, police officers can still act on blocked traffic due to day-labor solicitation and on those that transport or harbor illegal immigrants, as a form of promoting their prolonged stay in the country. However, do not expect to have to answer as to your legal status, if you forget your license at home or are here illegally, at least until the bill is appealed, in November. Despite Brewer's request to have an expeditious appeal date, in mid September, the 9th Circuit Court of Appeals of San Francisco (Ironically, San Francisco has been one of the most vocal anti-SB 1070 cities.) denied the request. State attorney's argument noting the “irreparable harm Arizona is suffering as a result of unchecked unlawful immigration” also fell on less than sympathetic deaf ears.
The next 3+ months promise to fill media headlines with the anticipation of what will happen in November, so perhaps it will allow for a quieter existence for downtown Phoenix, which has been the epicenter for SB 1070 demonstrations. Someone who will surely be kept busy with fanfare is Judge Bolton, who is said to have received hundreds of phone calls, emails and threats largely from SB 1070 supporters. It would therefore seem that, in lieu of a favorable federal court decision, the disputatious senate bill continues to rack up affirmatory points in the court of public opinion.
What Employers Need to Know When Terminating H1-B Employees
Employers sponsoring an employee through the H-1B visa usually don't think about the extra steps involved in terminating an H-1B employee. What happens if you are faced wtih a voluntary or involuntary termination before the visa expiration? What are your responsibilities? Is there a penalty for terminating a H1-B holder? Is the employer required to pay for the H1-B holder to return to his or her country?
There is no penalty for terminating a H1-B holder; however, there is an obligation to report the termination. The employer must notify the Department of Homeland Security (DHS) that the employment relationship has ended so that the federal government may revoke approval of the Petition for a Nonimmigrant Worker. When the termination is involuntary, the employer must provide the nonimmigrant with payment for transportation home.
In these challenging economic times, what happens if an employer lacks work for the H-1B employee, but does not properly terminate the employee? In that case, the employer is obligated to pay the required wage even if the H-1B nonimmigrant is in "nonproductive status".
It is important for an employer to consider both his human resource needs and the employee's immigrant status in connection with notifying USCIS of termination of the employee. There may be alternatives which are avialable to employers who are hoping to avoid temporarily paying wages to H-1B holders while expecting better economic times. Consult the Law Offices of Curtis Pierce for more information.
Books on Immigration:
Undocumented Immigrants and Higher Education
by Alejandra Rincon
LFB Scholarly Publishing
June 2008
Alejandra Rincon reviews the struggle by undocumented immigrant students to gain access to college by paying in-state tuition rates. These efforts, which have been successful in ten states, can be characterized as a human and civil rights struggle based on the fundamental premise that no group should be subjected to discrimination. Undocumented students seek equality under the law while affirming their humanity and thus their rights as human beings. Undocumented immigrants seek to overturn government and media images that portray them as "aliens" and "illegals," devoid of all rights simply because they are working and living in a country other than the one in which they were born.
Alejandra Rincon received the 2006 Human Relations Award of the National Association of College Admissions Counseling. She worked with two of Texas' largest school districts and was active in the passage and implementation of legislation that allowed undocumented students to attend college at in-state tuition rates. She continues the advocacy work with immigrant college students in Texas and California.
PROCESSING TIMES & CASE STATUS
· To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.
It is published by the Law Offices of Curtis Pierce, 213-327-0044.
Disclaimer: The information contained in this newsletter is analysis and commentary of a general nature. Nothing in this newsletter applies to a specific case nor does it constitute legal advice.
Schedule appointment: For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.
“The only title in our democracy superior to that of President (is) the title of citizen”.
Former Supreme Court Justice Louis Brandeis. (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")
In the words of President Kennedy,
the United States is a "nation of immigrants."
IMMIGRATION LAW E-NEWSLETTER curtis f. pierce
Attorney At Law
certified specialist, immigration & nationality law
the state bar of california board of legal specialization
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