Mayor-Elect Walsh Says He Wants Boston to Pull out of Secure Communities Program

Boston.com reports that Martin J. Walsh, Boston’s Mayor-elect, wants to discontinue enforcing the controversial federal initiative Secure Communities. The program allows the Department of Homeland Security to access fingerprints taken by local police and subsequently check those fingerprints against federal immigration databases. Those found to be in the country illegally can be removed. Walsh believes the program nets too many immigrants detained for minor offenses such as driving infractions, though the federal government claims that it prioritizes legal action against those who pose “the greatest threat to public safety” based on their criminal records.

Since the program is federally directed, Walsh may not have the authority to discontinue Boston’s participation. The program was expanded in Massachusetts in 2012 despite opposition from Governor Deval Patrick.

http://www.boston.com/2013/11/26/mayor-elect-walsh-says-wants-boston-pull-out-secure-communities-program/VkKW1O1mwqJGBCL91p46sO/story.html

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Immigration Claims for Asylum Soar

LAtimes.com reports that the number of immigrants seeking asylum in the U.S. after illegally entering the country nearly tripled during 2013. According to a report released by the nonpartisan Congressional Research Service, the tally of those granted temporary asylum in fiscal 2013 jumped from 13,931 to 36,026. Some officials, such as Rep. Trent Franks of Arizona, feel some immigrants may be falsely claiming a “credible fear” of persecution in order to remain in the United States while awaiting an asylum trial in immigration court. Others, such as Rep. Luis Gutierrez of Illinois, stress a review of the asylum claim process so as not to shut out those who truly need protection from persecution.

Border Patrol officials are worried that drug cartels may be encouraging members to claim asylum in order to facilitate drug runs, but immigration policy specialist Ruth E. Wasem, affiliated with the Congressional Research Service, stressed that the recent increase could not be sufficiently tied to fraudulent claims. The majority of new claims come from immigrants seeking asylum from El Salvador, Guatemala, and Honduras. To a lesser extent, claims also come from Mexico, India, and Ecuador.

http://www.latimes.com/nation/politics/politicsnow/la-pn-immigration-asylum-claims-soar-20131212,0,1306964.story#axzz2nCWVTsxJ

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Iranians May Have Exploited Visa Program

CNN.com reports that the Department of Homeland Security is investigating the potential exploitation of the EB-5 program by Iranian operatives. The program, which provides residency status to foreign nationals investing substantial amounts of money in U.S. business, has fallen under scrutiny before. Some critics have expressed concern that foreign agents could use the program for espionage. The Homeland Security Investigations unit initiated a probe after it found connections between an EB-5 applicant and an infamous Iranian military unit. Two operative affiliated with the unit allegedly “facilitate terrorism, and are involved in an illegal procurement network that exports items to Iran for use by “secret” Iranian government agencies.” Meanwhile, the Inspector General of the DHS is said to be investigating various aspects of the EB-5 program.

http://security.blogs.cnn.com/2013/12/12/first-on-cnn-memo-iranians-may-have-exploited-visa-program/

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India Accuses US of Immigration Fraud, Transfers Devyani Khobragade to UN Mission

Time.com reports that the ongoing tension between India and the U.S. regarding deputy consul Devyani Khobragade shows no signs of easing. Khobragade was arrested in December 2013 on suspicion of immigration fraud. Officials charged her with “making false declarations” on a visa application for her Indian domestic worker, paying said employee below minimum wage, and other alleged infractions. She was reportedly subjected to strip searches and cavity searches at the time of her arrest, though U.S. officials deny the latter allegation, stating that the diplomat received “courtesies well beyond what other defendants…are accorded.” In response, India has taken several measures aimed at U.S. diplomats in India, such as the removal of traffic barriers outside the U.S. embassy, restrictions on tax-free shipments, and demands that the salaries of Indian diplomatic staff in the U.S. be made public.

The Indian government has requested an official admission of wrongdoing from the U.S. Secretary of State John Kerry stated that he regrets the incident, but no further admissions have been made.

http://world.time.com/2014/01/02/devyani-khobragade-scandal-why-india-wont-back-down/print/

http://timesofindia.indiatimes.com/india/India-accuses-US-of-immigration-fraud-transfers-Devyani-Khobragade-to-UN-mission/articleshow/27600814.cms?

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Undocumented Immigrants Must Have Authorization Card to Drive in Nevada

RGJ.com reports that undocumented immigrants in Nevada can now register for special identification cards authorizing them to drive, as long as they fulfill certain basic requirements. Governor Brian Sandoval, Republican, stated he was proud to sign off on the new law. He believes the law will increase the number of insured and informed drivers in Nevada. Critics of the law, such as Assemblyman John Ellison (also Republican), fear that the authorization cards may end up causing “more problems.” He stated that he would rather see immigrants pursue citizenship before getting a driver’s license. More than 60,000 people are expected to register for the new authorization cards at the Nevada DMV, according to spokesman Kevin Malone.

http://www.rgj.com/article/20140102/NEWS/301020010/Starting-todayundocumented-immigrants-must-authorization-card-drive-Nevada?nclick_check=1

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US Grants Asylum to Gay Couple from India

Hindustantimes.com reports that Indian couple Jagdish Kumar and Sukhwinder Sukhwinder were granted asylum in the U.S. days after India re-criminalized homosexuality in the country. Kumar and Sukhwinder came to the U.S. in June of 2013 to escape persecution in their home country for their sexual orientations. After travelling through Cyprus, Dubai, Brazil, Columbia, Nicaragua, El Salvador, Guatemala, and Mexico, the couple went immediately to an immigration office at the El Paso, Texas border, at which point they were detained. They requested to stay with a green card-bearing relative in Wisconsin, but were denied. They requested parole on four separate occasions, but these requests were also denied. It wasn’t until after the Indian Supreme Court ordered the re-criminalization of homosexuality in December 2013 that Kumar and Sukhwinder were granted asylum.

http://www.hindustantimes.com/world-news/us-grants-asylum-to-gay-couple-from-india/article1-1169176.aspx

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Citizenship Applications are Down

PE.com, the web site of the Press-Enterprise in Riverside, California, reports that the number of citizenship applications decreased from 833,639 in fiscal 2012 to just below 716,000 in fiscal 2013, according to U.S. Citizenship and Naturalization numbers. The number of individuals sworn in as citizens rose by 5% between October 2012 and August 2013, due in part to 2012 being a presidential election year. Studies show an increased interest in naturalization during presidential election years, as more people hope to participate in the voting process.

http://blog.pe.com/multicultural-empire/2014/01/12/immigration-citizenship-applications-are-down/

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USCIS Message: 10,000 U Visa Cap Reached for 5th Straight Fiscal Year

USCIS has approved 10,000 qualifying applicants for U-1 nonimmigrant status, reaching the program’s statutory maximum for the fifth year since its advent in 2008. U visas are reserved for individuals who have suffered substantial mental or physical abuse, and who are willing to aid law enforcement officials investigate or persecute these criminal abuses. The program began as an effort to more effectively investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes, while also offering protection to victims.

Though the cap has been reached, USCIS will continue to review eligible cases. It will also send a letter to all eligible petitioners who were not granted U-1 visas due solely to the cap, informing them of their placement on a waiting list in the next fiscal year. USCIS will resume issuing U-1 visas on October 1, 2014.

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LGBT Immigrant Detainees Face Higher Risk of Sexual Assault, Abuse

Al Jazeera reports that a new study published by the Center for American Progress shows that lesbian, gay, bisexual, and transgender immigrants face unique risks in ICE detention facilities. LGBT detainees are fifteen times more likely to face sexual assault than their heterosexual and cisgender counterparts. ICE officials sometimes resort to placing LGBT detainees in solitary confinement to prevent sexual assault. Transgender detainees are often kept with individuals who share their birth gender rather than their current gender identity. There are also reports of transgender detainees being referred to as “he-shes” by some immigration officials and are frequently denied hormone treatments while detained. The research shows that HIV-positive detainees are at a higher risk of not receiving appropriate medical attention.

The report’s author, Sharita Gruberg, noted that many of these detainees hoped to find asylum in the U.S. after escaping persecution in their home countries for their sexual or gender identities. She also explained the difficulties in measuring the full scope of these issues since ICE keeps no data on the amount of LGBT detainees in their facilities.

An ICE spokesperson informed Al Jazeera that the agency is “in the process of reviewing the report,” and that it “takes the health, safety, and welfare of those in [its] care very seriously.”

http://america.aljazeera.com/articles/2013/11/25/lgbt-immigrant-detaineesfacehigherriskofsexualassaultabuse.html

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Half a Million Employers Enrolled in E-Verify

At the end of 2013, E-Verify reached an enrollment milestone: 500,000 employers have officially signed up to participate in the federal program. As E-Verify is largely voluntary, the 400% increase in participation over the past decade shows significant confidence in the program. It is now used nationwide at more than 1.5 million hiring sites, adds more than 1,4000 new employers each week, and receives some of the best feedback for customer satisfaction among federal programs.

E-Verify recently unveiled a new website with simpler language and easy to follow graphics. Learn more about these updates here.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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