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.

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.

© 2010, Thaker Berowitz LLP. All rights reserved.

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.

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.

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.

© 2010, Thaker Berowitz LLP. All rights reserved.

© 2010, Thaker Berowitz LLP. All rights reserved.

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.

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

© 2010, Thaker Berowitz LLP. All rights reserved.