rdehar
06-04 01:39 PM
One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
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freakin_gc
12-29 03:05 PM
will someone will please explain my RFE in lay man words
Thanks
The labor certification submitted in support of your petition indicates that the minimum education requirement is "bachelor's degree in computer science, compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent".It is noted that the beneficiary received a 3 year bachelor's degree in Mathementics.
However, the term "euivalent" is not defined. Please provide documentary evidence to establish the definition of "equivalent" as it was defined in your labor certification process. Such evidence may include , but is not limited to, a statement from the dol explaining the interpretation of the term as certified, copies of the petioner's recruitment documentation and/or evidence that no U.S. applicant's for the position who posses the same or similar qualification as the beneficiary wer disqualified from selection
Thanks
Thanks
The labor certification submitted in support of your petition indicates that the minimum education requirement is "bachelor's degree in computer science, compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent".It is noted that the beneficiary received a 3 year bachelor's degree in Mathementics.
However, the term "euivalent" is not defined. Please provide documentary evidence to establish the definition of "equivalent" as it was defined in your labor certification process. Such evidence may include , but is not limited to, a statement from the dol explaining the interpretation of the term as certified, copies of the petioner's recruitment documentation and/or evidence that no U.S. applicant's for the position who posses the same or similar qualification as the beneficiary wer disqualified from selection
Thanks
rajeev_74
04-25 05:27 PM
1) Can somebody explain what the CORE objective of asking the UCSIS/DOL
to change the Priority date from the date of application of Labor to date of filing H1B is?
2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
to change the Priority date from the date of application of Labor to date of filing H1B is?
2) What is the proposed plan of action to deal with the 100K plus applications already applied for?
Ans 1) Fairness...H1-B transfer becomes a reality...One can look for better Job oppurtunities...otherwise why even allow H1-B transfer when there are hidden GC related problems.
Ans 2) It should be applied to new AOS applications only.
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GCOP
08-13 04:01 PM
I believe, as mentioned earlier by willwin; we should meet the congress members to win their support for Visa Recapture Bill. IV is requested to set up the date and meetings. We are ready to participate.
more...
lazycis
11-20 10:26 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
julsun
01-04 11:11 AM
Has anybody called the USCIS customer service number regarding AP ?
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
One my friends got his wife's AP approved by scheduling an appointment with local InfoPass office. but you need a valid reason and proof for that. In his case he got his father in law's medical certificate from India.
more...
pani_6
01-03 02:54 PM
I am going back in a few years!..this in Bhoga Bhumi(Land of material pleasures)...my land Bharath is Punya Bhommi(Land of Good Karma).I am heading home no matter what!
2010 Mercedes-Benz GL Class GL420
sweet23guyin
10-01 11:39 AM
I am not as articulate as other posters in understanding/explaining recaputre, unused visa#, loaning visa# to FP......and so on. Reading all these post,I see every one are so frustated and every one want to do some thing and let USCIS know how imp these things are...but how:confused:...IDEA!!!...."FLOWERS".... I don't know why, but my long and short sense sayss....send some more flowerss again and again....
Message:
" Congratulation for not using the visa# for FY 2007, God bless USCIS"
Message:
" Congratulation for not using the visa# for FY 2007, God bless USCIS"
more...
santb1975
05-31 02:43 PM
That is awesome
$50 recurring sent to IV yesterday.
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
$50 recurring sent to IV yesterday.
.................................................. ...
$320 + $50 recurring
Proud to be an IVian. GO IV GO..
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Sachin_Stock
08-23 09:41 AM
Definition of EB-2 Advanced Degree:
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
------------------------------------------
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Source: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
more...
greencard_fever
03-07 02:24 PM
Based on the prior trend i predict the EB2-I will move to where the EB2-C is now i.e Feb-2005.:D
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cheshirecat
07-14 02:21 PM
Done
more...
house 2008 Mercedes-Benz GL420 CDI
swadeshi
07-24 09:06 AM
I wonder what will happen with our cases. My husband has a PD Oct 2003, EB2 ROW, but thanks to PBEC, it got approved in Jan 2007. Our RD is March 2007, TSC, concurrent. Got AP in April and EAD in May. No LUD on 485 after FP, 04/25/2007.
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
well as they say...women are good at multitasking, hence they can juggle a job, kids, home & posts on IV too
One more question: How many wives are here? It looks like some guys would rather let this matter to the ladies to handle.:D
well as they say...women are good at multitasking, hence they can juggle a job, kids, home & posts on IV too
tattoo Mercedes-Benz GL Class GL420
andycool
04-12 11:59 AM
How long it takes to get 140 approved in premium?
15 days if no REF ...
If they cant approve i think they will pay you back the 1200 $:rolleyes:
15 days if no REF ...
If they cant approve i think they will pay you back the 1200 $:rolleyes:
more...
pictures Used Mercedes Benz Gl Class
Macaca
01-06 07:38 PM
how come are you working in a university that's giving admissions to such a bunch of crappy folks...!!?? Given this fact, can we also safely assume that the university you are teaching-in is a Crappy one, which could only attract the bottom pile from your above list of crappy-universities??
Univs take business decisions. Enrollment generates revenue through tuition. Some states also pay State Schools for each registered credit.
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
Univs take business decisions. Enrollment generates revenue through tuition. Some states also pay State Schools for each registered credit.
Univs have to admit whatever is available. Some crappy students (foriegn + American) have to be admitted. Some state schools have very low requirements for in-state students. There is no choice.
Further, these students have to graduate. Once again, there is no choice.
For most departments, faculty quality is independent of student quality.
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MDix
03-03 04:31 PM
That is not true, my lawyer who is very influential and he has some good contacts he told me that this year spill-over would be different form last year. I was stupid so didn�t believe him about July 2007, and paying it for now for not having EAD.
I know this is hard to believe especially if something comes from lawyer.
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Thank's
MDix
I know this is hard to believe especially if something comes from lawyer.
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Thank's
MDix
more...
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another one
07-06 08:35 AM
I think the biggest lesson for you will come in through this thread itself. You may find, after all, its not that easy to motivate people to take action, much less form a coherent strategy and run with it.
My guess is in the end you will come out cursing not just the core but all IV members for them lacking or something, because they can't get on board with your idea.
The only reason IV has been able to achieve something with such a low amount of "per capita" effort is because it's an "apoltical" and "volunteer" organization. You change that to "political", and amount of effort (time and money) people will contribute will fizzle out before you can have your post election party!
My suggestion: Open a parallel organzation. Learn what it takes to get people on board with your agenda. if you DELIVER SOMETHING, people will automatically follow you.
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
My guess is in the end you will come out cursing not just the core but all IV members for them lacking or something, because they can't get on board with your idea.
The only reason IV has been able to achieve something with such a low amount of "per capita" effort is because it's an "apoltical" and "volunteer" organization. You change that to "political", and amount of effort (time and money) people will contribute will fizzle out before you can have your post election party!
My suggestion: Open a parallel organzation. Learn what it takes to get people on board with your agenda. if you DELIVER SOMETHING, people will automatically follow you.
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
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Suva
04-10 03:01 PM
Hi pappu, I am contributing $5/month from 2007. This is $60 for every year. Am I eligible for donar forum? I am sending the checks from 2007 till now by bill pay from my bank.
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maine_gc
07-19 10:29 AM
Do you know Aman spent $64000+ in the past 18 months for IV?
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
Please read this thread before you make a decision on your donation. We need to step up and contribute.
http://immigrationvoice.org/forum/showthread.php?t=10633
Thanks Aman and the core team for your efforts.
Can any one know how to edit subscription amount in paypal. I signed up for a $50 recurring contribution last week. After reading above mentioned thread i want to change my subscription amount to $100
psaxena
08-12 01:21 PM
Pappu, I agree what you are saying. But the bigger issue here is the awareness.. I talk to so many friends and friend's friend. The only thing that I find is they are not aware of IV or its effort.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
Lack of awareness is another issue for IV community to form a lobby group like others.
IV has too many contacts in the media, would that not be a great idea to leverage them to advertise at prime time on Indian channels , or just the google ads on Dishnetwork screen for cheap or work out something.
Just to get the people an awareness of what IV is and get them a feeling that its BIG enough to help them. Support some candidates in the election, just to get the name floating. Leave aside the American, Indians or chinese(mostly the legal immigrants) I sometime work with don't know anything about IV. I go to SFO meet my parents almost every month and my brother's circle (all citizens) have no idea of what I am talking about. All they know there was problem is Labor clearance in their time which is no more now.
What is IV , who is IV........ no idea at all. NADA.
A planned campaign to make th awareness can help our cause.
Just my 1 cent.
To answer your question: Indian companies in India or Indian politicians complaining will not do much impact. After passing this bill politicians will cosy up and say good things to rebuild relations. The real impact can happen if Indians in New York state who can vote stand up against such laws. Same goes for the Desi companies who have tried to raise the voice against USCIS memo. They lack grassroots advocacy and support. Their Indian US citizen friends are busy organizing Diwali melas and Shahrukh Khan stage shows. Immigration voice can be extremely successful if politicians see us as an immigrant lobby. Just like they see Jewish lobby or Hispanic lobby. This is why participation of IV greencard members and citizen friends is important to advocate for changes that helps the immigrant community. I this case too, IV community should not turn a blind eye to what happens around us. Just because we do not work for such companies or we already have EAD does not mean we do not see beyond the headline of this issue. We spend more time analyzing , over analyzing, predicting and tracking rather than actively understanding the politics of issues that are causing all the problems we are facing. To some extent this law passed because Indians in USA did not care due to their narrow outlook and priorities in politics.
baburob2
03-15 06:25 PM
Overall no big progress w.r.t our title's though Brownback's comment on immigration numbers is good.
Senate Judiciary Committee Continues Slow Progress in Markup of Immigration Reform Legislation
Cite as "AILA InfoNet Doc. No. 06031540 (posted Mar. 15, 2006)"
The Senate Judiciary Committee continued its consideration today of draft legislation on comprehensive immigration reform sponsored by Senate Judiciary Committee Chairman Arlen Specter. The Committee officially took up the bill, known as the �Chairman�s Mark,� on March 2 but has made very slow progress to date.
The following is a very brief summary of the amendments that were addressed during today�s session. See our previous update on last week�s markup sessions. We will continue to update you as action on the bill continues.
1. The Committee passed by a voice vote a compromise amendment by Feingold that would preserve some level of judicial review over naturalization applications.
2. A Specter 2nd degree amendment to a Sessions amendment on evading inspection passed.
3. A Leahy amendment on security-related issues passed by voice vote.
4. A Kennedy amendment to ameliorate the Mark�s retroactive provisions was debated and deferred.
5. A Feinstein amendment to modify the provisions of the Mark relating to border security was deferred for future action.
6. A Durbin amendment to strike the Mark�s criminalization of unlawful status was once again deferred for future consideration. Feinstein attempted to offer a 2nd degree amendment that would provide aliens with a 60-day grace period for visa overstays before they are subject to criminal prosecution under INA � 275(a), but Specter would not allow it since Durbin�s underlying amendment was set aside.
7. A Durbin amendment to ameliorate the Mark�s smuggling provision so as not to criminalize humanitarian assistance was once again debated and deferred. Kyl spoke in opposition to the amendment. Cornyn had a second degree that Hatch thought was insufficient. Hatch, Schumer and Biden spoke in opposition to Cornyn�s 2nd degree. Cornyn was not convincing, but Kyl did some damage.
8. A Sessions amendment to affirm the inherent authority of state and local law enforcement personnel to enforce federal civil immigration laws during the normal course of carrying out their duties was discussed. Specter offered a 2nd degree that would limit the inherent authority of states and localities to the enforcement of the criminal provisions of the immigration laws. Sessions would only support the 2nd degree if the provisions of the Mark criminalizing unlawful presence remain intact. Thus, if the Durbin amendment to strike those provisions passes, Sessions wants to revisit the Specter 2nd degree. Specter�s 2nd degree passed by voice vote.
9. A Sessions amendment that would require the Secretary of Homeland Security to provide information to the National Crime Information Center (NCIC) related to aliens who may have violated certain immigration laws passed by a voice vote. The broadly worded amendment would encompass visa overstayers, other civil violators, and even members of vulnerable populations such as asylum-seekers who are improperly documented but seeking relief. Leahy and Kennedy voted against the amendment and Leahy spoke in opposition to overloading the NCIC database with individuals who do not belong in it. A Specter 2nd degree amendment that would provide a procedure for requesting removal from the database and modify the group of individuals included in it passed by voice vote.
10. A Sessions amendment that would require at least one law enforcement agency in each state to enter into a � 287(g) cooperative enforcement agreement to enforce immigration laws against alien smugglers was considered. Sessions accepted a Coburn 2nd degree amendment that would clarify: (1) that such agreements would be purely voluntary, and (2) that the �287(g) enforcement authority would not be limited to alien smuggling. There was no quorum to vote on these, however, and they were set aside.
Part way through the markup, Specter attempted to jump to a debate on the issue of the undocumented population, noting that he has reiterated to Senate Majority Leader Frist that he (Specter) opposes bringing immigration reform to the Senate Floor before the Senate Judiciary Committee had completed its consideration of the Chairman�s Mark. Biden and Kennedy voiced their support of Specter�s desire to complete work in Committee. Kennedy added, �this issue is NOT going away, like some other issues,� and urged deferral of the Title VI discussion until tomorrow (Title VI contains the provisions dealing with the undocumented population). He added that we need to deal with ALL aspects of reform to have real, lasting border security�going forward with any of these components alone will fail.
Durbin said that, to defeat the House bill (H.R. 4437), the Committee needs to pass a strong bipartisan bill with the support of about 12 members. He feels the Committee should do an extra markup session on a day when there is no other Senate business. �We need to watch the House,� noted Durbin, adding: �They have a bill we need to fight at all costs. We need bipartisan support out of this Committee.�
Brownback stated that the Committee has started a process to create broad bipartisan support for good policy, and that this is the most significant legislation of the year. �We have serious problems with immigrant numbers,� he said. �We can�t live with these and need to change them. McCain/Kennedy would deal with this. How do we get the Mark to deal with these numbers? We need a way NOT to end up here again after 10 years. We can�t move too quickly.�
Cornyn described the process as akin to �digging out of a big hole,� noting that with enforcement done first, other issues would get simpler. He believes we need to impose circularity---not permanent immigration.
Coburn said that, like it or not, we have to deal with issue of the undocumented population. He urged the Committee to split the bill in two and do enforcement first, and work to reach consensus on other parts later in the year. �No one in the country trusts us on this issue because we haven�t enforced our existing laws,� he said.
Feinstein stated her concerns about the process, and also spoke out against comprehensive immigration reform and in favor of her more limited agricultural pilot program idea. She said she had met with Senator Craig (the sponsor of AgJobs) yesterday to see if they could work out their differences but there has been no resolution yet. She also expressed much frustration with Frist�s artificial timeline. She indicated her opposition to the House bill, and said that consensus was needed in the Committee (she believes the Committee has come to some consensus on the enforcement pieces but little else). She urged Specter to go back to Frist and ask for more time.
Sessions said we need to focus on enforcement now, and then have a national discussion later on the other elements of immigration reform. He believes Congress needs to focus on enforcement to build credibility with the public. �I�m not prepared to repeat 1986,� he said. �We should slow down.�
Specter repeatedly voiced his concern about �line-jumping,� arguing that the McCain/Kennedy bill would �leap frog� the current undocumented population over individuals who have been waiting in the backlogs. He also said that he�d prefer it if the legislation contained a path to citizenship but, as Chair, was trying to balance both sides.
In other hurdles to the Judiciary Committee�s completion of work on the bill, Senate Finance Committee Chairman Grassley, who is also a member of the Judiciary Committee, argued that the Finance Committee should have jurisdiction over the provisions of the Mark relating to the Social Security Act, adding that the IRS has raised serious concerns about some of these amendments. However, several other senators argued for consideration of these provisions in the Judiciary Committee. It is also possible that Grassley could exercise the Finance Committee�s authority by managing those amendments during floor debate.
The Committee disbanded about noon, due to a number of votes on the Senate Floor and the attendant low probability of maintaining a voting quorum in the Committee.
http://www.aila.org/content/default.aspx?docid=18835
Senate Judiciary Committee Continues Slow Progress in Markup of Immigration Reform Legislation
Cite as "AILA InfoNet Doc. No. 06031540 (posted Mar. 15, 2006)"
The Senate Judiciary Committee continued its consideration today of draft legislation on comprehensive immigration reform sponsored by Senate Judiciary Committee Chairman Arlen Specter. The Committee officially took up the bill, known as the �Chairman�s Mark,� on March 2 but has made very slow progress to date.
The following is a very brief summary of the amendments that were addressed during today�s session. See our previous update on last week�s markup sessions. We will continue to update you as action on the bill continues.
1. The Committee passed by a voice vote a compromise amendment by Feingold that would preserve some level of judicial review over naturalization applications.
2. A Specter 2nd degree amendment to a Sessions amendment on evading inspection passed.
3. A Leahy amendment on security-related issues passed by voice vote.
4. A Kennedy amendment to ameliorate the Mark�s retroactive provisions was debated and deferred.
5. A Feinstein amendment to modify the provisions of the Mark relating to border security was deferred for future action.
6. A Durbin amendment to strike the Mark�s criminalization of unlawful status was once again deferred for future consideration. Feinstein attempted to offer a 2nd degree amendment that would provide aliens with a 60-day grace period for visa overstays before they are subject to criminal prosecution under INA � 275(a), but Specter would not allow it since Durbin�s underlying amendment was set aside.
7. A Durbin amendment to ameliorate the Mark�s smuggling provision so as not to criminalize humanitarian assistance was once again debated and deferred. Kyl spoke in opposition to the amendment. Cornyn had a second degree that Hatch thought was insufficient. Hatch, Schumer and Biden spoke in opposition to Cornyn�s 2nd degree. Cornyn was not convincing, but Kyl did some damage.
8. A Sessions amendment to affirm the inherent authority of state and local law enforcement personnel to enforce federal civil immigration laws during the normal course of carrying out their duties was discussed. Specter offered a 2nd degree that would limit the inherent authority of states and localities to the enforcement of the criminal provisions of the immigration laws. Sessions would only support the 2nd degree if the provisions of the Mark criminalizing unlawful presence remain intact. Thus, if the Durbin amendment to strike those provisions passes, Sessions wants to revisit the Specter 2nd degree. Specter�s 2nd degree passed by voice vote.
9. A Sessions amendment that would require the Secretary of Homeland Security to provide information to the National Crime Information Center (NCIC) related to aliens who may have violated certain immigration laws passed by a voice vote. The broadly worded amendment would encompass visa overstayers, other civil violators, and even members of vulnerable populations such as asylum-seekers who are improperly documented but seeking relief. Leahy and Kennedy voted against the amendment and Leahy spoke in opposition to overloading the NCIC database with individuals who do not belong in it. A Specter 2nd degree amendment that would provide a procedure for requesting removal from the database and modify the group of individuals included in it passed by voice vote.
10. A Sessions amendment that would require at least one law enforcement agency in each state to enter into a � 287(g) cooperative enforcement agreement to enforce immigration laws against alien smugglers was considered. Sessions accepted a Coburn 2nd degree amendment that would clarify: (1) that such agreements would be purely voluntary, and (2) that the �287(g) enforcement authority would not be limited to alien smuggling. There was no quorum to vote on these, however, and they were set aside.
Part way through the markup, Specter attempted to jump to a debate on the issue of the undocumented population, noting that he has reiterated to Senate Majority Leader Frist that he (Specter) opposes bringing immigration reform to the Senate Floor before the Senate Judiciary Committee had completed its consideration of the Chairman�s Mark. Biden and Kennedy voiced their support of Specter�s desire to complete work in Committee. Kennedy added, �this issue is NOT going away, like some other issues,� and urged deferral of the Title VI discussion until tomorrow (Title VI contains the provisions dealing with the undocumented population). He added that we need to deal with ALL aspects of reform to have real, lasting border security�going forward with any of these components alone will fail.
Durbin said that, to defeat the House bill (H.R. 4437), the Committee needs to pass a strong bipartisan bill with the support of about 12 members. He feels the Committee should do an extra markup session on a day when there is no other Senate business. �We need to watch the House,� noted Durbin, adding: �They have a bill we need to fight at all costs. We need bipartisan support out of this Committee.�
Brownback stated that the Committee has started a process to create broad bipartisan support for good policy, and that this is the most significant legislation of the year. �We have serious problems with immigrant numbers,� he said. �We can�t live with these and need to change them. McCain/Kennedy would deal with this. How do we get the Mark to deal with these numbers? We need a way NOT to end up here again after 10 years. We can�t move too quickly.�
Cornyn described the process as akin to �digging out of a big hole,� noting that with enforcement done first, other issues would get simpler. He believes we need to impose circularity---not permanent immigration.
Coburn said that, like it or not, we have to deal with issue of the undocumented population. He urged the Committee to split the bill in two and do enforcement first, and work to reach consensus on other parts later in the year. �No one in the country trusts us on this issue because we haven�t enforced our existing laws,� he said.
Feinstein stated her concerns about the process, and also spoke out against comprehensive immigration reform and in favor of her more limited agricultural pilot program idea. She said she had met with Senator Craig (the sponsor of AgJobs) yesterday to see if they could work out their differences but there has been no resolution yet. She also expressed much frustration with Frist�s artificial timeline. She indicated her opposition to the House bill, and said that consensus was needed in the Committee (she believes the Committee has come to some consensus on the enforcement pieces but little else). She urged Specter to go back to Frist and ask for more time.
Sessions said we need to focus on enforcement now, and then have a national discussion later on the other elements of immigration reform. He believes Congress needs to focus on enforcement to build credibility with the public. �I�m not prepared to repeat 1986,� he said. �We should slow down.�
Specter repeatedly voiced his concern about �line-jumping,� arguing that the McCain/Kennedy bill would �leap frog� the current undocumented population over individuals who have been waiting in the backlogs. He also said that he�d prefer it if the legislation contained a path to citizenship but, as Chair, was trying to balance both sides.
In other hurdles to the Judiciary Committee�s completion of work on the bill, Senate Finance Committee Chairman Grassley, who is also a member of the Judiciary Committee, argued that the Finance Committee should have jurisdiction over the provisions of the Mark relating to the Social Security Act, adding that the IRS has raised serious concerns about some of these amendments. However, several other senators argued for consideration of these provisions in the Judiciary Committee. It is also possible that Grassley could exercise the Finance Committee�s authority by managing those amendments during floor debate.
The Committee disbanded about noon, due to a number of votes on the Senate Floor and the attendant low probability of maintaining a voting quorum in the Committee.
http://www.aila.org/content/default.aspx?docid=18835
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