Immigration reform is dead for the time being. The prospects of a new law seemed good - so long as public opinion was in favor of legislation. But that changed at about the same time the immigrant rights demonstrations were held. Public opinion suddenly swung the other way, and not surprisingly, Senators began reversing course, which is what they are supposed to do. They are, after all, supposed to represent the majority's view. The Constitution represents the minority's interest, and that is the ying and the yang of our brilliant system.
The sudden change in the political wind should come as no surprise. The 12 million undocumented foreign nationals in the United States were on the precipice of being given a gift. A chance at becoming legal in the greatest country on Earth. The phrase "don't look a gift horse in the mouth" comes to mind. I'm
not the only one to question the wisdom of holding demonstrations on the eve of getting what they wanted. The demonstrations were a bad idea.
I understand this view will not be popular with many of my readers, clients and colleagues. Sometimes the truth hurts.
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Maribel & Juan, detailed in the last entry, recently appeared for Juan's first removal hearing. The removal proceeding was terminated. This is a good thing that happens once in a blue moon, usually when someone fights back and/or the government's actions are indefensible. Updates will continue.
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You'll never guess who reads this blog quite often. The Department of Homeland Security. I am not sure if I'm more frightened by the fact that a national security agency doesn't mask its IP address, or more irritated that they evidently don't think I'm smart enough to track that stuff. Either way, welcome DHS agents. You are the 10th most frequent server to visit this blog.
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Speaking of wondering what we are up to, the employment-based priority date debacle is front- and-center on our plate, as it is with every immigration lawyer's office of late.
The EB-3 category, which includes professional workers, has been backlogged since October 2005. This means that foreign nationals for whom labor certification has been filed and certified, have had to wait for their priority date (their place in line) to become current before pursuing their green card. That all was to change on July 1, 2007, according to the
June 2007 Visa Bulletin, published by the State Department. The numbers were current, meaning anyone with labor certification done could file for adjustment of status and remain in the U.S. until the application was adjudicated. The CIS's own regulations prescribe this procedure.
The CIS
announced, at 10:30 a.m. cst on July 2, 2007, that it would not honor the system that it had set up. The State Department received so many applications for adjustment of status over the weekend that at 9:00 a.m. Monday, July 2, 2007, it
projected all employment visas to be used for the rest of the fiscal year. The CIS, instead of honoring it's rules and accepting applications for adjustment of status, instead said no more would be accepted.
Some
members of Congress have recognized the dangerous inequities of this development. AILA refers to it for what it is - a
bait and switch move that will effect tens of thousand of law-abiding immigrants.
Our office is still filing those applications. The rejection notices will be exhibits for our suit in the Northern District of Illinois Federal District Court against the DHS for this radical departure from its own rules.
AILF is planning to file suit in the DC District as well.
I'll provide updates on our suit, as well as AILF's, as both go forward.
