Immigration Debate

Tell me something I don’t know. America’s immigration system is broken, and it seems the current Government is not inclined to fix it. Many people are asking: When will the reform finally happen?

I don’t know, but there are some indications. But first, let me ask: Do we need an immigration reform? Absolutely. Our immigration system is run by bureaucrats, not professionals. Care to know why I think that must change?

I am sure you have heard about the recent “self-deportation” program “Scheduled Departure” of the U.S. Immigration and Customs Enforcement (ICE). A grand total of eight (yes, illegal immigrants showed up by the time it was scrapped. That idea was so hare-brained to begin with, only someone who lives on a different planet could have come up with that. Let’s start with the basic premise: illegal people turn themselves in to schedule their own deportation. Why in the world would any illegal in the U.S. do that? Without turning themselves in, they can live happily, earn a living, send money to their family in El Salvador or Mexico, and if they eventually get caught and deported … well, so be it. Further, bureaucracy is not known for its swift and courteous customer service. Airline service nowadays is lousy, but can you imagine what it must be when your flight is serviced by a deportation agency? If experienced immigration were in charge of the immigration, do you think that “self deportation” blunder would have ever happened? I let you answer that question.

And what if the immigration service locks you up? Remember that the immigration service routinely locks people up in far away prisons and with jointly common criminals. I had a client a few years ago who foolishly applied for asylum upon her arrival at Dulles International Airport near Washington, DC. She promptly found herself locked up in a medium-security prison about four hours by car from Washington, DC.

You are still not convinced we need an immigration reform? Let me give you a few more examples. There is a lot of fraud that needs to be weeded out, but it seems impossible with the current system. Just last week I had a Hispanic client, a carpenter, in my office seeking a second opinion in an immigration matter. His attorney had applied for a so-called “Labor Certification,” meaning immigration sponsorship through a business that needs that particular worker. He had paid that attorney a lot of money (which immediately made me suspicious), and sincerely believed that if the petition had been approved, he would have been able to work for that sponsoring business and receive permanent residence in the United States. Well, the attorney informed him that the petition had been denied because “the salary was too low.” Nonsense.

Here is what I found out in just a few minutes on the computer: the attorney who filed the case was not an immigration practitioner, but apparently just wanted to make a quick buck before the so-called 245(i) law finally sunset in April 2001. That law permitted people who were illegal in the U.S. to have a business petition for their permanent residence, pay a $1,000 fine, and then “adjust status” (receive their green card) within the United States. The Labor Certification in this case was so poorly drafted, it could have never been approved. Furthermore, the alleged sponsoring company had been out of business even before the petition was filed. The hard-working carpenter simply got relieved of several thousand dollars by his attorney.

If I can figure all of this out in about five minutes on my computer, so could any immigration officer, and at the same time stop (1) fraudulent petitions, and (2) shyster lawyers and “notarios” (self-declared immigration practitioners) who make money off such scams.

Talking about scams, there is the lure of these green sheets of paper that people simply cannot resist. Did you hear about attorney Samuel G. Kooritzky of Arlington, VA? He sold fraudulent Labor Certifications like hot dogs, by the thousands. When he was arrested, he had $44,000.00 in cash on him. Not quite enough for a night of fun, but it is a beginning. His associate had $1 million in cash stashed under his bed.

My favorite story is that of Robert T. Schofield. He worked for 30 years at the Washington District Office of the immigration service (previously INS, now USCIS), and was acting assistant director for examinations from 1998 to 2004. I had suspected for a long time that there was something wrong with him. He was there early every morning when people lined up to get into the immigration office, directing staff, attorneys and visitors. He was always on top of things (and often received kudos from immigration lawyers). And he was always impeccably dressed. He just didn’t look like a bureaucrat. And did not behave like one. Years before his arrest, he allegedly fled to China once with a pretty Chinese escort and charged $36,000 to his government-issued credit card. He came back, was made a supervisor, and sold U.S. citizenship to illegals for $10,000 a pop. When I called a colleague of mine who had previously practiced in Washington, DC, to inform him of the recent arrest of a “high ranking immigration official,” he immediately said “that must be Mr. Schofield, right?”

How can such fraud be prevented? It is actually easy, and I have encountered some immigration officers who swim against the stream to do the right thing. For example, there is one particular immigration officer who adjudicates immigration petitions for medical doctors who work in rural areas. I had a couple of permanent residence applications for such foreign medical doctors who serve in areas where the regular medical graduates don’t want to go, and that immigration officer made phone calls to the hospital, to the beneficiary medical doctors, and to me as the attorney, to verify the information provided in the petition. In a few minutes, with just a few phone calls, the officer can verify that the doctor is real, and that he or she is practicing medicine in the clinic where he or she is supposed to be. Very smart, but unfortunately an exception.

I recently received a tedious written “Request for Evidence” from the immigration service for a permanent residence petition. The Request alone was several pages long. It concerned the CEO of a major international truck manufacturer, asking for further proof that the beneficiary is really an “executive.” Had that officer spent 30 seconds on the internet, he or she would have found that the beneficiary is very well known, he is cited in many articles, and his pictures appear in magazines all over the place. It would have saved the officer and me a lot of time.

With all that in mind, let’s go back more than one year, when it seemed we were so close to a partial fix. The Comprehensive Immigration Reform Act of 2007 (S. 1348) was introduced in May 2007 by Senate Majority Leader Harry Reid, and quickly failed in June 2007. The most noteworthy aspects were: (1) the “Z” visa, which would have put many long-term illegals on the path towards permanent residence. The fines associated with this visa would filled government coffers, and would have added millions of people as orderly tax payers; (2) the “Y” visa, which would have granted hundreds of thousands of “guest workers” the opportunity to work temporarily in the U.S.

A few months ago, I listened to a speech by Secretary Chertoff of the U.S. Department of Homeland Security (DHS), and twice he mentioned the possibility of a “guest worker program, possibly as early as next year. Maybe it was my wishful thinking, but he seemed to emphasize the words “guest worker program” and the possibility “next year.”

So, if there is a chance for a partial fix with the newly elected President (be it McCain or Obama), what can we expect? My guess is that we will eventually see some version of a “guest worker” program, which will grant illegals some kind of status. Let’s just look at this for a moment: many landscapers, nannies, cleaning ladies, and kitchen workers are plain illegal in this country. So are many spouses of United States citizens if they crossed the border without inspection or have had a run-in with the law. High-tech companies are screaming for more H-1B visas (currently 65,000 per year) to bring computer guys and engineers into the country. We have probably between 10 million and 20 million illegals in this country. Something needs to be done.

Of course, it would be best if we could have that 245(i) law return, allow people to be sponsored by their employers or their relatives, and pay a hefty fine. It would bring cash into government coffers, and fully integrate many hard working people into mainstream America.