Louie A. Ramirez
Attorney At Law
Immigration News Flash!
09/05/2014
IMMIGRATION REFORM:
Gov. Brown Signs AB60 That Allows Undocumented Immigrants To Obtain Driver's Licenses -- The Law Becomes Operative NO LATER Than 01/01/2015
Gov. Jerry Brown signs into law the Senate Bill AB60, which allows undocumented immigrants residing in California to apply for a driver's license.
As provided by the law, the DMV will accept applications for such driver's licenses no later that January 1, 2015, depending on how fast the implementing rules are set, and of course upon the DMV Director's written declaration that DMV is prepared to implement the law sooner than January 1, 2015.
California has become the 11th state to allow undocumented immigrants to apply for licenses. The historic law was decades in the making, and sends a strong message to Washington and the U.S. Congress to fix the country's decades-long-broken immigration systems.
09/29/2013
The House of Representatives Pushes Deliberation on Senate's S. 744 To October
The House of Representatives will have a month-long recess in August, and will convene again in September. Unfortunately, the House will first focus on the country's "fiscal budget" which could eat up its legislative agenda for the whole month of September. This means that immigration bills and deliberation on Senate's S. 744 (The Comprehensive Immigration Reform Act) will likely be pushed further to October.
The House Judiciary committee held hearings in July and discussed pieces of immigration bills, but none produced any concrete action to address the issues on legalization and pathway to citizenship offered by S. 744. Come October, after setting up the country's yearly budget, the House will again be able to address S. 744.
We all know that next year, 2014, is the House's midterm election. So now is the prefect time to call your representatives and let your voices be heard !!!
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The key features of the S. 744's proposed legalization are:
1. CONFIDENTIALITY. This means that any information provided in the legalization application will remain confidential and can be used only for immigration purposes, unless it relates to a felony, national security, or fraud.
2. SAFEGUARDS AGAINST DEPORTATION. Legalization application will not automatically end in detention or deportation, even in cases where the application is denied.
3. OVERSIGHT-REVIEW PROCESS. Legalization includes two-step review process. First through the administrative procedure within the DHS-USCIS, and second, an independent federal court review - to ensure fairness and accuracy of procedure.
4. TRAVEL OUTSIDE THE U.S. Legalization application is a long process towards obtaining lawful permanent resident status. One must first be approved as RPI, or registered provisional resident. While on RPI status, the proposed law promises RPIs the ABILITY TO TRAVEL OUTSIDE THE U.S. TO VISIT THEIR FAMILIES ABROAD.
5. REASONABLE / FLEXIBLE APPLICATION REQUIREMENTS. Legalization application process will recognize flexibility regarding types of documents that may be submitted i.e. proof of physical residence, etc., recognizing that most immigrants do not have official documentation.
6. AFFORDABILITY OF APPLICATION PROCESS. The bill promises that legalization will meet the financial ability of the applicants, recognizing that most undocumented immigrants have annual incomes of less than $20,000.00.
7. INDIVIDUALS WHO HAVE BEEN DEPORTED. The bill recognizes, in some instances, the ability of those individuals who have been deported, or who entered illegally after deportation, to apply for legalization for family unity purposes.
8. APPLICATION PERIOD. The program targets a 1-year window period to apply for legalization, with possible 18-month extension.
A R C H I V E S
09/12/2013
California Legislature Approves AB60 That Allows Undocumented Immigrants To Obtain Driver's Licenses -- Gov. Brown Has Announced He Will Sign The Bill Into Law
By a vote of 55-19, on Thursday 09/12/2013, the California state Assembly approved AB60, which allows undocumented immigrants residing in California to apply for a driver's license. The bill is now on Gov. Jerry Brown's table, and is a "signature away" to becoming a law. Gov. Brown has publicly announced that he will sign the bill into law.
Once signed into law, the DMV will accept applications for such driver's licenses starting January 1, 2015, unless the DMV Director makes a written declaration that DMV is prepared to implement the law sooner than January 1, 2015.
California would become the 11th state to allow undocumented immigrants to apply for licenses. The historic bill was decades in the making, and sends a strong message to Washington and the U.S. Congress to fix the country's decades-long-broken immigration systems
07/19/2013
The House of Representatives Will Hold Hearings On July 23rd To Discuss A Piece of Immigration Legislation Called "KIDS Act" and To Study The House and Senate Approaches To Border Security.
While Senate's S. 744 continues to face tough battle with the Republicans in the House of Representatives ("House"), two House committees are set to hold hearings on immigration reform on July 23rd, Tuesday.
The House Judiciary committee will hold a hearing on the so called KIDS Act (authored by Virginia Republicans Goodlatte and Cantor) to officially "address the immigration status of illegal immigrants brought to the United States as children." Particulars of the KIDS Act have not yet been made public. But news reports show that House Speaker Boehner (R-OH) has endorsed the bill and its proposal to grant some sort of legal status to these children.
Also, the Subcommittee on Border and Maritime Security of the House Committee on Homeland Security will hold a hearing to study the House and Senate approaches to border security.
The House's actions show signs that S. 744 is not yet dead, and that a compromise is not "light years" away between the Senate and House on the issues of legalization and pathway to citizenship to most of the 11 million undocumented immigrants in the U.S. Although S. 744 is likely to take more time than expected to officially reach the House floor for deliberation, now is the perfect time to call your representatives and let your voices be heard !!!
07/12/2013
IMMIGRATION REFORM: Republican-led House Rejects S. 744 And Instead Takes Tougher "Piecemeal Approach" on Immigration Reform. But Senate's Gang of Eight Still Believe That A Compromise Towards Legalization Remains a Possibility!
We all know that Republicans control the House of Representatives, and so the "votes" necessary to pass the Senate's S. 744.
After a 2-hour meeting by the Republicans in the House on July 10, 2013, it now appears that S. 744 faces tougher roads ahead in order to reach President Obama's desk for signing into law. The Republicans favor a "step-by-step approach" towards fixing the country's broken immigration system rather than agreeing with the Senate on a sweeping and comprehensive immigration reform. Conservative Republicans in the House had recently introduced 4 separate bills for consideration such as The SAFE Act , a business bill for employment-based visas, an e-verify bill that would make e-verify mandatory to U.S. employers, and The Agricultural Workers Act. Unfortunately, none of the said piecemeal legislations touch legalization. In fact, The SAFE Act would basically criminalize unlawful presence in the U.S.
However, the Senate's Gang of Eight, who authored S. 744 and pushed its passage by a super majority vote in the Senate, are still optimistic that majority of the Republicans would support a comprehensive approach to immigration reform, which includes legalization and path to citizenship to 11 million undocumented immigrants in the U.S.
As reported "Rep. Luis Gutierrez (D-Ill.), who is also on the Judiciary Committee and is a member of a bipartisan group working on its own immigration reform proposal, has also been a vocal opponent of a piecemeal approach. Speaking Wednesday at an event hosted by United We Dream near the U.S. Capitol building, Gutierrez told nearly 500 Dreamers that he believes the 218 votes needed to pass a comprehensive immigration reform bill in the House do exist. The problem, he said, is that Boehner [House Speaker, a Republican] won’t allow the vote to occur. Boehner has made it clear that he won’t bring up any immigration bill to the House floor if it doesn’t have the support of the majority of House Republicans." See VOXXI .
Although House Democrats have opposed the Republicans' piece-by-piece approach, it is not clear whether the House will take any action this month of July before Congress breaks in early August for its annual month-long summer recess. This would push the issue to September, when other major bills (budget among them) could compete with immigration on the House's calendar.
WELL, if the issue is further delayed until next year, the politics could become even more unpredictable and trickier because next year comes the midterm election when all House members will face voters!!!
07/03/2013
IMMIGRATION REFORM: House To Meet by July 10 To Discuss S. 744 or Consider Passing Its Own Version of Immigration Reform.
Now that the Senate has passed S. 744, which would allow qualified undocumented immigrants a path to legalization and citizenship, the House of Representatives is set to meet before the 10th of July to discuss S. 744, and consider its own plan of addressing the need for a comprehensive immigration reform. Conservative Republicans in the House have expressed lack of support to legalization. Reports predict that nationwide rallies and demonstrations by supporters of S. 744 are expected to arise if the House will sleep on S. 744, or consider piecemeal legislation that does not address legalization.
07/03/2013
USCIS Issues a Directive for Immediate Implementation of the Supreme Court's Ruling on Same-Sex Marriage.
Following the Supreme Court's ruling, in United States vs. Windsor (or “Windsor”), which recognized same-sex marriages for purpose of entitlement to immigration benefit, DHS Secretary Janet Napolitano has issued a directive to the U.S. Citizenship and Immigration Services (USCIS) "to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
A Form I-130 (and any applicable accompanying application) may now be filed based on same-sex marriage, and will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of a marriage.
The petition can be filed even in cases where same-sex couples live in the state(s) that does not or do not recognize same-sex marriage, as long as the marriage "took place" in a state that recognizes such marriage. The USCIS will look into the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. Although some limited exceptions may apply in which USCIS may consider the law of the state of residence in addition to the law of the state of celebration of the marriage. USCIS has announced that it will provide further guidance on this question going forward, as it deems necessary.
Same-sex marriage is legally recognized in several jurisdictions within the United States. Currently, thirteen states—California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington —as well as the District of Columbia and five Native American tribes—have legalized same-sex marriage.
06/28/2013
IMMIGRATION REFORM: Senate Approves S. 744. The Ball is Now in the House of Representatives To Keep it Bouncing!!!
With the Senate voting overwhelmingly to advance S. 744 (the Immigration Reform Act), at 68-32 votes, the bill is now on its way to the House of Representatives for deliberation and voting. The House may approve the bill as it is, or introduce its own version of immigration reform, or consider its piecemeal legislation. If conflict arises between S. 744 and the House version(s), a much tougher journey awaits the highly anticipated legalization.
But with 68 votes of the Senators backing S. 744, the House has to exercise prudence and bear in mind the fate of the populace who put them into office.
S. 744 is unprecedented in the nation's immigration history. It may not be perfect a law, but it offers a genuine solution to the country's broken immigration system. The SENATE HAD ALREADY SPOKEN BY PASSING S. 744!!! What could be the House's main reason not to? Politics? Come on!!!
06/26/2013
SAME-SEX Marriage Is Entitled to Immigration Benefits, Says the U.S. Supreme Court (DOMA Held Unconstitutional)
Today, the Supreme Court, in United States vs. Windsor (or “Windsor”), issued a LANDMARK DECISION which recognizes that same-sex couples are entitled to immigration benefits, declaring unconstitutional the Section 3 of the Defense of Marriage Act (or “DOMA”) that prevented the federal government from recognizing same-sex marriages. While there is a 25-day appeal period or reconsideration process to challenge the controversial decision, the assumption is that the decision will not be appealed and the ruling will stand.
DHS Secretary Janet Napolitano applauded today’s Supreme Court's "Windsor decision", and has announced that DHS will now work with its federal partners, including the Department of Justice, to “implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws."
Same-sex marriage is legally recognized in several jurisdictions within the United States. Currently, thirteen states—California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington —as well as the District of Columbia and five Native American tribes—have legalized same-sex marriage.
06/22/2013
Democrats are close to reaching a compromise with conservative Republicans to approve the legalization by providing increased border security measures, such as doubling the size of border patrol, to 40,000 agents, as "trigger" to legalization. This development would basically kill an earlier attempt by conservative Senators to defeat legalization by requiring "90%" of apprehension or arrest as "hard trigger" or "requirement" before allowing legalization and citizenship to qualified undocumented immigrants.
Indeed, the requirement that "90%" of arrest or apprehension be first achieved at the border before legalization can start, would make the legalization practically USELESS or MEANINGLESS.
Deliberation on S. 744 is still on the Senate floor. Voting on the bill is expected before the 4th of July. A landslide majority vote in the Senate is likely to convince the House of Representative to approve the legalization in S. 744. Politicians must make a stand towards a meaningful solution to the country's decades-long broken immigration system, and reach a compromise that would equally serve the best interests of the country and its people, citizens and immigrants alike.
06/17/2013
As deliberation continues on S. 744 in the Senate floor, the House of Representatives introduced two separate bills that focus on "border-security" and "guest worker program". The bills are set to be voted soon so they can be deliberated in full in the House. The House's "piecemeal approach" contradicts the purpose of Senate's S. 744, which are popularly believed to be the answer to the country's broken immigration system. FORTUNATELY, the Senate's S. 744, which carries both legalization and border security provisions, remains strong and is likely to achieve its targeted majority vote in the Senate. The House bills, if approved, need to be consolidated and reconciled with S. 744.
06/13/2013
Debate and deliberation on S. 744 continue on the Senate floor. Border-security amendments are being discussed as "triggers" to kick in the legalization aspect of the bill. THANKS TO SENATOR-AUTHORS of the bill for their relentless effort in blocking amendments that will weaken the "legalization" such as unreasonable requirements on "secure-the-border first before any legalization". The Senate's "Gang of Eight" remain positive that they will get 70 votes in the Senate on the substance of the proposed legalization. The 70 votes will put pressure to the House of Representatives in approving the Senate bill.
06/11/2013
The long-awaited opportunity to reform the country's dysfunctional immigration system moves one step closer to reality as the full Senate begins the debate and consideration of S. 744, the core promise of which is opportunity for legalization and path to citizenship to most of the undocumented 11 million immigrants who entered the U.S. before 2012. Reports suggest that the Senate's "Gang of Eight", who initiated the bill, are confident that S. 744 will get more than enough majority to convince the House of Representatives in approving the bill.
IF THE HOUSE OF REPRESENTATIVES WILL APPROVE S. 744, LEGALIZATION/AMNESTY IS POSSIBLE IN AUGUST.
06/07/2013
LEGALIZATION/AMNESTY UNDER S. 744 IS SET TO BE DEBATED ON JUNE 10TH. THE SENATE WILL VOTE BEFORE THE 4TH OF JULY, WHERE S. 744 IS EXPECTED TO HAVE ENOUGH VOTES. AFTER SENATE APPROVAL, S. 744 WILL GO TO THE HOUSE OF REPRERESENTATIVE. BIPARTISAN POLITICS WILL PLAY A MAJOR ROLE TO CONVINCE THE HOUSE TO APPROVE THE S. 744.
06/03/2013
S. 774 (Comprehensive Immigration Reform Bill) IS BOUNCING GOOD, TARGETTING SUBSTANTIAL MAJORITY AT 70 VOTES IN JULY. THE SAID VOTES, IF ACHIEVED, WILL LIKELY IMPACT THE HOUSE OF REPRESENTATIVES IN APPROVING THE SENATE BILL.
The center of the proposed bill is an offer of earned citizenship to many of the 11 million undocumented immigrants who entered the United States before 2012.
So the bill is set for full debate by the Senate in June. Voting is expected to follow before the 4th of July. Reports suggest that, if the bill passes the Senate, the House of Representatives appears to be shifting gear towards working on a compromise and approve S. 744, especially if the Senate will achieve its targeted majority at 70 votes.
05/28/2013
IMMIGRATION REFORM IS ON ITS WAY TO FULL DEBATE IN THE SENATE FLOOR IN THE FIRST 2 WEEKS OF JUNE.
FULL VOTING IS EXPECTED TO HAPPEN BEFORE THE 4TH OF JULY, IN WHICH ENOUGH NUMBERS OF SENATORS ARE LIKELY TO APPROVE THE BILL....BUT....THE BILL MUST ALSO BE APPROVED IN THE HOUSE OF REPRESENTATIVES, WHERE THE MAJORITY IS CONTROLLED BY THE CONSERVATIVE REPUBLICANS.
For a good start, S. 744 (legalization bill) was approved by the Senate Judiciary committee and will now head to the Senate floor. The debate on the bill is expected to begin around June 10, and will be debated for about three weeks. Reports predict a majority vote before the Fourth of July.
If it passes the Senate, the bill would go to the House, where its fate will be further tested. A bipartisan House group is working on its own bill and has agreed to general principles, but still hasn't released its own version. Although House Speaker John Boehner (R-Ohio) said Thursday that the chamber would do something about immigration, he said he wasn't sure what it would look like.
***Call your Senators and lawmakers and echo your support to the proposed reform. Let your voice be heard...that your future vote in the coming elections...will depend on their position to the proposed immigration reform!!!
05/24/2013
LEGALIZATION REMAINS A POSITIVE HOPE, BUT MORE HURDLES ON THE WAY!!!
GOP leaders (or Republican Party's "Grand Old Party") in the House of Representatives have announced that they will NOT support the S. 744 if it is approved by the Senate.
Recently, a Senate panel approved S. 744 so it can be voted in full in the Senate floor. The proposed S. 744 tightens border security, expands guest worker visas and provides a pathway to legalization, first on a provisional basis, and after about 13 years, permanent U.S. residency. The Senate is expected to have a full voting on the bill in June, and if enough number of votes is achieved, full debate and deliberation on the bill will follow.
But House Speaker John Boehner, R-Iowa, told reporters Thursday that: “The House is going to work its will on immigration. We’re not going to be stampeded by the White House or stampeded by the president. The Senate is working its will. A lot of good work [has] gone on over there. But the House is going to work its will.” Boehner reportedly met this week with faith leaders, telling them that he expects a separate immigration bill to emerge from the House by August 1, and that would set up a conference with Senate leaders to attempt to achieve a compromise between the Senate and House bills. Some GOP House members have said they would consider allowing undocumented immigrants to earn legal status but not citizenship.
05/21/2013
The S. 744 (or the Immigration Modernization Act) is expected to have a final version by May 27, after which the Senate will do the voting and deliberate on the bill.
Health care eligibility, legalization terms and timing of implementation are issues that drag the bill to extended delay. Stay tuned for more updates.
05/16/2013
WHILE AMENDMENTS TO THE PROPOSED IMMIGRATION REFORMS ARE STILL ONGOING IN THE SENATE, BIPARTISAN GROUP IN THE HOUSE OF REPRESENTATIVE IS NOW WORKING ON ITS OWN VERSION OF IMMIGRATION REFORMS!
This means that if the House's version is completed, more time would be needed to pass the immigration reform law, as bipartisan politics will set into play. Other delay factors include consolidation of both bills, and agreement by Republicans and Democrats on the issue of entitlement to healthcare benefits of immigrants applying for legalization.
"The Hill" reports:
" With the Senate moving its own comprehensive immigration overhaul, Rep. Luis Gutiérrez (D-Ill.) said last week that the House coalition would have to complete its bill by the end of May to be viable. A frustrated Carter said if Democrats did not sign on to the bill, he might introduce it on his own, perhaps with the other Republicans in the group. “We’re not waiting on them,” he said. “Tomorrow night as far as I’m concerned is the last night I’m going to meet.” Republicans in the House group have balked at a deal struck by business and labor groups on an agricultural guest-worker visa program, which formed the basis for language in the Senate Gang of Eight bill. Democrats have warned that if they don’t stick to that agreement in the House, the entire immigration push could unravel. Republicans are also worried about the cost implications of adding millions of immigrants to the rolls of ObamaCare, and Carter acknowledged that remained a sticking point."
