The permanent bar comes from a 1996 law called the Immigration Reform and Immigrant Responsibility Act (“IRAIRA”). This law amended the Immigration and Naturalization Act (“INA”), which is where all U.S. immigration laws are contained. Section 212 (a)(9)(C) of the INA is the provision that talks about the permanent bar. This section states that any alien who has been unlawfully …
America’s “Facelift” Turns 50
Immigration and Nationality Act of 1965 – America’s facelift turns 50 This past weekend marked the 50thanniversary of the passage of the Immigration and Nationality Act of 1965, also known as the Hart-Cellar Act. Then-President Lyndon Johnson, in the shadow of the Statue of Liberty on October 3, 1965, signed legislation that forever changed the demographics of our nation of …
I paid all my fines and complied with my probation for my DUI—why is ICE detaining me?
Because as of November 20, 2014, the Department of Homeland Security (“DHS”) has new enforcement priorities (http://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf). If you are a non citizen in the U.S., and you fit one of the descriptions below, you may be placed in a detention center: • You have been convicted of a felony;• You have been recently apprehended at the U.S. border;• You …
What Immigration Reform Will Happen?
At this point Immigration Reform is still at least a Congressional summer vacation away from being passed. Most people “in the know” will tell you that the Senate Bill (BSEOIMA, S.744) will never have a vote in the House of Representatives. That may or may not be true. What is clear is that the House of Representatives is feeling a …
Immigration Reform — What Words Means, Makes All the Difference
One of the striking things about reading hundreds of newspaper articles about “immigration reform” with thousands of quotes from politicians is the amazing misuse of words and phrases that form an essential part of the debate. To aid you in your understanding of the immigration reform debate, here are definitions of the key words and phrases, as used by the …
What Employers Need to Know About The New Form I-9
Interview with the Salt Lake Chamber of Commerce discussing the new version of Form I-9. On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately, all NEW hires by U.S. employers should fill out the new version of Form I-9, which is identified in the lower, left-hand corner of the form with the label “Form I-9 03/08/13 …
Immigration Reform Good for Economy
Lane Beattie, President and CEO of the Salt Lake Chamber, and a Partner of Kuck Immigration Partners co-authored an op-ed that appeared in the Sunday, February 3, 2013 edition of The Salt Lake Tribune entitled, Immigration Reform Good for Economy. “No one benefits from our outdated and broken immigration system. Bringing undocumented immigrants out of the shadows will enhance our recovering …
What a Good Legal Immigration Reform Bill Looks Like–Thank you Senator Hatch
Yesterday we focused on the shortcomings of the “Gang of 8’s” Four Pillars of Immigration Reform. Let’s take a look now at Utah Senator Orrin Hatch’s new Immigration Innovation Act of 2013 or “I-Squared Act of 2013 (S.169) (now that a catchy little ditty of a title, no?) Frankly, this is exactly what an immigration reform bill should look like …
Why The “Gang of 8” Immigration Proposal is Not Immigration Reform
There has been much made of the Immigration Reform Proposal put forward by the “Gang of 8,” a bi-partisan group of Senators seeking to “solve” the immigration problem in which we find ourselves. President Obama says he support most of these principles. But the solution proposed by these well-meaning Senators will not really fix our Immigration System, and this …
The Achieve Act is Bad for Kids.
Republican Senators Kyl, Hutchinson and McCain have introduced a terrible version of the DREAM Act called the “Achieve Act”. http://tinyurl.com/bumbsmy This bill is a counterfeit form of the immigration relief that kids really need. The bill gives a “W” visa, good for two years, to work and study, to kids but does NOT lead to permanent legal status. The …