Federal Judge Blocks Parts of Controversial Arizona Immigration Law

Wednesday, July 28th, 2010

U.S. District Court Judge Susan Bolton granted a preliminary injunction today that prevents police in Arizona from questioning people about their immigration status.

She also blocked provisions of the law making it a crime to fail to apply for or carry alien registration papers or “for an unauthorized alien to solicit, apply for, or perform work,” and a provision “authorizing the warrantless arrest of a person” if there is reason to believe that person might be subject to deportation.

CNN’s legal analyst Jeffrey Toobin explains what the ruling means:

To date, seven lawsuits have been filed against the controversial Arizona immigration law, challenging its constitutionality and alleging it will lead to racial profiling.

© 2010, Thaker Berowitz LLP. All rights reserved.

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Online Detainee Locator System Lauched by ICE

Friday, July 23rd, 2010

Today, U.S. Immigration and Customs Enforcement (“USICE”) announced the launch of the Online Detainee Locator System (“ODLS”).  ODLS provides users with information on the location of the detention facility where a particular individual is being held, a phone number to the facility and contact information for the ICE Enforcement and Removal Operations office in the region where the facility is located.

A brochure explaining how to use the ODLS is also available on the website in the following languages: English, Spanish, French, Mandarin, Vietnamese, Portuguese, Russian, Arabic and Somali.

ODLS users will be able to locate detained aliens by two different search methods. First, users can search by entering an individual’s alien registration number, also known as their “A” number, and their country of birth. Users can also search by entering an individual’s first name, last name, country of birth and date of birth.

Click here to access the ODLS.

© 2010, Thaker Berowitz LLP. All rights reserved.

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August 2010 Visa Bulletin

Thursday, July 15th, 2010

The State Department has issued its August 2010 Visa Bulletin.  Check to see whether your priority date is current for any petition your relative or employer may have filed for you!

© 2010, Thaker Berowitz LLP. All rights reserved.

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Obama Administration Sues Arizona Over Immigration Law!

Wednesday, July 7th, 2010

On July 6, 2010, the Department of Justice filed a lawsuit against the state of Arizona, seeking to overturn its tough new immigration law, which is set to go into effect in a few weeks.

Arizona’s law requires immigrants to carry their alien registration documents at all times and allows police to question the residency status of people in the course of enforcing another law.

It also targets businesses that hire illegal immigrant laborers or knowingly transport them.

© 2010, Thaker Berowitz LLP. All rights reserved.

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New Form I-90, Application to Replace Permanent Resident Card

Monday, June 14th, 2010

U.S. Citizenship and Immigration Services (“USCIS”) announced today that a new version of  the Application to Replace Permanent Resident Card (Form I-90), is available on the USCIS website.  The new version of the form is dated 8/10/09 and contains more user-friendly features.

USCIS will accept previous versions of Form I-90 for 45 days, until July 28, 2010.  After July 28, 2010, USCIS will reject all previous versions of Form I-90 and will return incorrect applications with a note instructing applicants to refile using the correct version of the form.

Form I-90 can be mailed to one of the designated USCIS lockbox facilities, or you may now file it online using the Internet.

© 2010, Thaker Berowitz LLP. All rights reserved.

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Supreme Court and Aggravated Felony – Decision in Carachuri-Rosendo v. Holder

Monday, June 14th, 2010

Today, the Supreme Court issued its decision in Carachuri-Rosendo v. Holder (No. 09-60), which presented the issue of whether a person convicted under state law for simple drug possession (a federal misdemeanor) has been “convicted” of an “aggravated felony” on the theory that he could have been prosecuted for recidivist simple possession (a federal felony), even though there was no charge or finding of a prior conviction in his prosecution for possession.

The Supreme Court announced today that a second or subsequent simple possession offenses are not aggravated felonies under 8 U.S.C. §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction.

© 2010, Thaker Berowitz LLP. All rights reserved.

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July 2010 Visa Bulletin

Friday, June 11th, 2010

The State Department has issued its July 2010 Visa Bulletin.  Check to see whether your priority date is current for any petition your relative or employer may have filed for you!

© 2010, Thaker Berowitz LLP. All rights reserved.

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Arizona Governor continues to defend immigration law

Wednesday, June 2nd, 2010

AZ governor Jan Brewer, appearing on CNN on June 1, 2010, defended the new Arizona immigration law that she signed on April 23, 2010.  She made it clear that she’s not worried about a potential legal challenge from the Obama administration over her state’s controversial immigration law.

© 2010, Thaker Berowitz LLP. All rights reserved.

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Happy Memorial Day!

Friday, May 28th, 2010


From all of us at Thaker Berowitz LLP, we wish you and your families a safe Memorial Day holiday!

© 2010, Thaker Berowitz LLP. All rights reserved.

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DHS to Eliminate Paper Arrival/Departure Forms to Streamline Secure Visa Waiver Travel Program

Thursday, May 20th, 2010

Department of Homeland Security (“DHS”) Secretary Janet Napolitano today announced the elimination of the paper arrival/departure form (Form I-94W) for authorized travelers from nations participating in the Visa Waiver Program (“VWP”)—streamlining secure travel for millions of visitors to the United States every year by consolidating the collection of traveler information and enhancing security by automatically providing DHS with important passenger information prior to departure.

“The Visa Waiver Program facilitates secure and hassle-free travel for citizens of participating countries—making international travel safer and easier,” said Secretary Napolitano. “This step to eliminate the paper I-94W leverages the latest technology to further bolster security, increase convenience for visitors and better protect privacy.”

Following a successful seven-month pilot program conducted with the support of the Government of New Zealand on Air New Zealand flights from Auckland to Los Angeles International Airport, the use of paper I-94W forms will be eliminated for VWP travelers with an approved Electronic System for Travel Authorization (“ESTA”) arriving in the United States at all airports by the end of this summer. Customs and Border Protection (“CBP”) will activate automated processing for U.S. airports on a rolling basis over the next several months.

Under the Implementing Recommendations of the 9/11 Commission Act of 2007, applying for an ESTA became mandatory on January 12, 2009, for all nationals of VWP countries prior to boarding a carrier to travel by air or sea to the United States. This requirement does not affect U.S. citizens returning from overseas or citizens of VWP countries traveling on a valid U.S. visa, and allows DHS to determine whether a VWP traveler presents a threat long before the individual boards a U.S.-bound aircraft.

The elimination of the paper I-94W form enables travelers to provide basic biographical, travel and eligibility information automatically through ESTA prior to departure for the United States —reducing redundancy and enhancing the security of sensitive personal information, as CBP stores and protects all VWP data electronically on secure servers.

CBP recommends that travelers submit ESTA applications as soon as an applicant begins making travel plans. ESTA applications may be submitted at any time prior to travel, and once approved, will be valid for two years or until the applicant’s passport expires. To date, CBP has received more than 19 million ESTA applications from citizens of VWP countries—applications that will now automatically cover I-94W submission.

VWP—established as a pilot program in 1986 to help facilitate travel and made permanent in 2000—currently enables the nationals of 36 participating countries to travel to the United States for up to 90 days without obtaining a visa.

For more information about the ESTA, visit the CBP website.

SOURCE: Department of Homeland Security

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