Integrity Legal

It recently came to this blogger’s attention that the Prime Minister of the Kingdom of Thailand made no comment regarding the possibility of a Cabinet reshuffle although she did note that attendance at upcoming children’s day festivities is apparently encouraged by the Thai government. To quote directly from the official website of the Thai-ASEAN (Association of Southeast Asian Nations) News Network at Tannetwork.tv:

“Prime Minister Yingluck Shinawatra avoided answering questions about a possible Cabinet reshuffle today and only smiled at reporters...The PM added that she would like to invite children to attend the Children’s Day celebration on Saturday at Government House as she has prepared some surprises for the kids…”

Concurrently it also came to this blogger’s attention that the government of Canada seems to have made some comments regarding same sex marriages performed in that nation. To quote directly from the website Advocate.com:

“Thousands of non-resident same-sex couples married in Canada may not be legally wed if the marriage is not recognized in their home country or state, according to the Canadian government…”

The issues surrounding the status of same sex couples has been an issue of debate in the United States of America especially as the Presidential elections continue to draw closer. However, politics does not appear to be the core concern of those who are the most effected by these issues. For example, those families wishing to maintain a same sex bi-national relationship with a non-American in the United States could be deeply impacted by both American and Canadian policy regarding same sex marriage. This issue could further be hypothetically defined where the same sex marriage (or civil union depending upon the jurisdiction) takes place outside of the United States as such a fact pattern could place the merits of the marriage under the purview of the United States Citizenship and Immigration Service (USCIS). How this issue will ultimately be resolved in North America remains to be seen, there is one thing that seems to be a certainty: this issue is not one that will simply disappear since there are many in the LGBT (Lesbian, Gay, Bisexual, and Transgender) Community who wish to see full equality in matters reflecting their marital status. American Courts have dealt with this issue in recent months although a definitive decision does not seem to have been reached hopefully this issue will be resolved in short order.

For related information please see: Full Faith and Credit Clause.

For general legal information pertaining to South East Asia please: Legal.

Tags: American Visa, American Visa Thailand, Children's Day, CR-1 Visa, Full Faith and Credit, Horizontal Full Faith and Credit, IR-1 Visa, K-1 Visa, Legal, Thai Visa, Thailand Visa, United States Citizenship and Immigration Service, us embassy bangkok, us embassy thailand, US Visa, US Visa Thailand, USCIS, Vertical Full Faith and Credit
Posted in Comprehensive Immigration Reform, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, Legal Opinion, lgbt immigration, Miscellaneous, News, same sex visa, States' Rights, US Consulate Chiang Mai, us embassy bangkok, US Embassy Cambodia, US Embassy Hanoi, US Embassy Phnom Phen, US Embassy Thailand, US Embassy Vietnam, US Mission ASEAN, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

It recently came to this blogger’s attention that the dynamics of Sino-ASEAN (Association of Southeast Asian Nations: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) relations has been a topic of discussion. In order to provide further insight into these matters it is necessary to quote directly from the official website of Bernama at Bernama.com.my:

KUALA LUMPUR, October 3 (Bernama-AsiaNet) — The economic relation between China and the ASEAN is very close despite the territorial disputes in the South China Sea. The establishment of the China and ASEAN Free Trade Area creates the world’s largest free trade area that comprises developed countries and has 1.9 billion consumers, a GDP of nearly US$6 trillion and foreign trade totaling US$4.5 trillion…

This blogger asks readers to click upon the hyperlinks noted above to read this article in detail.

It would seem that many feel as though there will likely be further economic benefits derived from further economic cooperation between China and the countries which comprise ASEAN. In the context of specific countries, such as Thailand, this benefit may be further magnified by bilateral relations with the US. Thailand maintains a strong economic relationship with the United States as enshrined by the US-Thai Treaty of Amity. Bearing this in mind, the dynamics of Asian economics is subtle and multifaceted. That stated, there are many indications that the economies of Asia will continue to economically thrive in the future.

In news pertaining to travel matters in the United States it recently came to this blogger’s attention that the Transportation Security Administration (TSA) has been recently analyzed for what appears to have been an invasive pat down of a woman who had been afflicted with breast cancer. In order to provide further information regarding this situation it is necessary to quote directly from a posting by Lori Dorn via Boing Boing on the website Gizmodo.com:

Lori Dorn, the wife of Laughing Squid’s Scott Beale, recently submitted to a backscatter scan at JFK airport. The TSA pulled her aside for a breast patdown, even though she stated she had breast implants in place after her bilateral mastectomy. Of course, that didn’t stop them. They didn’t even let her take out the Device Identification Card that would could have explained where the implants came from and their medical purpose. No. Instead they humiliated her in public…

The administration of this web log strongly encourages readers to click upon the aforementioned hyperlinks to read more from this interesting article.

In this blogger’s mind, there is no question that security should be a concern for travelers both in the US and abroad. However, usage of the term “security” as an umbrella term to allow for the humiliation of a breast cancer survivor seems rather draconian especially in light of the fact that the woman in question apparently had a Device Identification Card for just such occasions seems perplexing, to say the least. Hopefully measures will be taken to provide some sort of protection for travelers with disabilities so as to address safety concerns while simultaneously preventing humiliation while traveling.

– Benjamin Walter Hart

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: ASEAN Free Trade Area, ASsociation of Southeast ASian Nations, breast patdown, Brunei Darussalam, Cambodia, China and ASEAN Free Trade Area, Device Identification Card, Indonesia, JFK airport, Laos, Malaysia, Myanmar, Philippines, Singapore, Sino-ASEAN relations, South China Sea, Thailand, Transportation Security Administration, TSA, US-Thai Treaty of Amity, Vietnam
Posted in ASEAN Business, Transportation Security Administration (TSA) | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security (DHS) may be poised to begin placing holds on some deportations. In order to provide further insight it is necessary to quote directly from the website of The Washington Times, WashingtonTimes.com:

The Homeland Security Department said Thursday it will halt deportation proceedings on a case-by-case basis against illegal immigrants who meet certain criteria such as attending school, having family in the military or are primarily responsible for other family members’ care. The move, announced in letters to Congress, won immediate praise from Hispanic activists and Democrats who had chided President Obama for months for the pace of deportations and had argued he had authority to exempt broad swaths of illegal immigrants from deportation…

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks above to read this article in detail.

Although this blogger has been reluctant to support blanket amnesty per se, especially for those who have entered the United States illegally; there are often unique and extenuating circumstances which require adjudication in order to equitably administer American immigration law and regulation pursuant to legislative and executive plenary power. It remains to be seen how this policy will be practically implemented.

In news related to the struggle for LGBT Equality, it recently came to this blogger’s attention that the federal delegation from the sovereign State of New York may be more supportive of DOMA repeal since a Congressional Representative from that State was recently noted for comments on this issue. In an effort to provide further insight it is necessary to quote directly from the website Towleroad.com:

After waiting for New York State to legalize gay marriage, Democratic Rep. Bill Owens now says he supports the repeal of the Defense of Marriage Act that prohibits federal recognition of same-sex marriage. “I indicated I would not become a co-sponsor until New York took action,” said Owens, who represents the Empire State’s 23rd Congressional district. “Once they did that, I felt I had an obligation to the citizens in the state to make sure they weren’t adversely impeded by federal law.” Owens continued, “I think that people should have the freedom to make those kinds of decisions…”

The administration of this web log asks readers to click on the hyperlinks above to read this article in detail.

For those who are unaware of the evolving nature of this issue it should be noted that the provisions of the so-called “Defense of Marriage Act” (DOMA) preclude federal recognition of same sex marriage. This federal non-recognition is enforced even where one of the sovereign American States has legalized and/or solemnized the underlying same sex marriage. There are some who would argue that this activity violates the Full Faith and Credit Clause of the United States Constitution while others could argue that such discrimination violates the Equal Protection Clause. In any case, the result in an immigration context is that same sex bi-national couples (even those who have entered into a same sex marriage in a US State) cannot receive the same visa benefits (such as the CR-1 visa, IR-1 visa, or K-1 visa)  as their different-sex counterparts. Some federal legislators, such as New York delegation member Representative Jerrold Nadler, have attempted to remedy this problem through introduction of bills such as the Uniting American Families Act (UAFA: to address the specific issue of discrimination in an immigration context) and the Respect For Marriage Act (RFMA: a proposal which would accord federal “certainty” to State licensed same sex marriages). However, it remains to be seen whether such legislation will ultimately see passage.

In news related to the aforementioned issues it also came to this blogger’s attention that further “mainstream media” attention is being focused upon the case of the same sex bi-national couple who were married in the Commonwealth of Massachusetts, but face the prospect of separation due to the fact that the American government may remove the foreign spouse since their marriage is not recognized pursuant to the provisions of DOMA. In an effort to provide further detail this blogger is compelled to quote directly from the official website of The Washington Post, WashingtonPost.com:

Mr. Makk’s case illustrates the profound injustices meted out by DOMA, which was passed in 1996. The Obama administration this year denounced the Clinton-era law as unconstitutional because it deprives same-sex couples equal protection of the law. In April, Attorney General Eric H. Holder Jr. put on hold the deportation of a British man who has lived in the United States since 1996 but who never obtained a green card or citizenship. The man, Paul Wilson Dorman, has been in a committed same-sex relationship for 15 years and entered into a civil union with his partner, a U.S. citizen, in 2009. Mr. Holder asked an immigration court to determine whether Mr. Dorman should be considered a “spouse” under New Jersey law and thus entitled to stay in the country. Mr. Makk’s deportation should also be put on hold, as should those involving anyone in legally recognized same-sex relationships whose only infraction involves immigration status…

The administration encourages readers to click upon the hyperlinks noted above to read this article in detail as this situation is poignant indeed.

Although this blogger can at times get caught up in the rather academic details of the debate on federal recognition of same sex marriage readers should be aware that this issue has a truly human context since couples like the one noted above could have their personal lives substantially disrupted as a result of federal policy with respect to same sex couples. There is some speculation that this matter may ultimately see resolution in the US Courts, but until such time as a final decision is made on the matter same sex couples and the Greater LGBT community in America are left to hope that their federal legislature will pass legislation akin to the RFMA or the UAFA. Perhaps in the meantime officers in the American immigration system can utilize their statutory authority and plenary powers to provide equitable relief to those who find themselves facing the prospect of being separated from their loved ones due to questionably Constitutional law.

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: American Constitution, Attorney General Eric H. Holder Jr., certainty, Citizenship, Commonwealth of Massachusetts, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, DOMA repeal, equal protection, equal protection clause, Full Faith and Credit Clause, gay marriage, Green Card, Homeland Security Department, Illegal Immigrants, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, legally recognized same-sex relationships, New York 23rd Congressional district, New York State, President Obama, Representative Jerrold Nadler, Respect for Marriage Act, Same Sex Marriage, same-sex relationships, United States Constitution, Uniting American Families Act
Posted in Department of Homeland Security, same sex visa | No Comments »

It recently came to this blogger’s attention that the United States Customs and Border Protection Service (USCBP) is apparently poised to begin issuing new identification cards to participants in the Global Entry Program. In order to provide further insight into these developments it is necessary to quote directly from the official website of USCBP, CBP.gov:

Washington – U.S. Customs and Border Protection (CBP) today announced that Global Entry members will now be issued a Global Entry version of the SENTRI card which allows expedited entry into the U.S. from Canada and Mexico using the NEXUS, SENTRI and Ready Lanes at land ports of entry. The new card operates as a SENTRI card for Global Entry members. The Global Entry card is a Western Hemisphere Travel Initiative (WHTI)-compliant, radio frequency identification (RFID) technology-enabled document that may be used by U.S. citizens when entering the U.S. through a land or sea port of entry from Canada, Mexico or the Caribbean…

Readers are strongly encouraged to click upon the aforementioned hyperlinks noted above to read this information in detail.

Frequent readers may recall that the Global Entry Program was purportedly created in an effort to streamline the process of entering the United States for American Citizens. How the creation of new identity cards will facilitate this program remains to be seen, but hopefully such developments will be beneficial for all concerned.

In news pertaining to the economies which comprise the Association of Southeast Asian Nations (ASEAN: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam), it recently came to this blogger’s attention that some commentators are noting positive economic developments in the region. To quote directly from the Money Control website, MoneyControl.com:

ASEAN economy has proven itself to be resilient, but there are lingering challenges and risks, including the sovereign debt crisis and fiscal problems in some developed markets, rising food and commodity prices, and continued financial market stresses…According to the ASEAN secretariat’s press release received yesterday, ASEAN’s recovery as a whole has matured as both exports and domestic demand fueled growth to expand by 7.5% last year. Intra-regional trade and investment flows also showed an upward momentum and are likely to support domestic growth this year, which is projected between 5.7% and 6.4%. ASEAN`s merchandise trade grew at 32.9% last year, as trade value jumped from USD 1.54 trillion in 2009 to USD 2.04 trillion last year, after the 19% decline in 2009,” according to ASEAN`s high ranking officials as quoted by the secretariat. As an attractive foreign direct investment (FDI) destination, ASEAN has maintained its allure…

The administration of this blog recommends that readers click upon the relevant hyperlinks noted above to read this article in detail.

As ASEAN jurisdictions continue to be “alluring” to foreign investors it stands to reason that further economic growth can be expected in the future. That stated, as ASEAN has a unique Constitution in much the same way that each of her component jurisdictions have unique Constitutions one can easily infer that the trajectory and complexion of the economic growth and innovation in the coming years may be quite unlike anything seen in recent memory. For instance, the ramifications of a unified ASEAN visa much akin to the Schengen visa scheme in the European Community could be economically explosive while such a visa scheme could be custom tailored to the unique needs and desires of both ASEAN as a whole and her member nations.

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: ASEAN economy, Asean Secretariat, Brunei Darussalam, Cambodia, Canada, Caribbean, expedited entry into the U.S., FDI, financial market stresses, foreign direct investment, Global Entry, Global Entry Program, Indonesia, Intra-regional trade, land ports of entry, Laos, Malaysia, Mexico, Myanmar, NEXUS, Philippines, radio frequency identification, Ready Lanes, RFID, SENTRI card, Singapore, sovereign debt crisis, technology-enabled document, Thailand, U.S. Customs and Border Protection, United States Customs and Border Protection Service, US Immigration, USCBP, Vietnam, Western Hemisphere Travel Initiative, WHTI
Posted in ASEAN Business, ASEAN Visa, Thailand Business, USCBP | No Comments »

It recently came to this blogger’s attention that a former officer at the United States Citizenship and Immigration Service (USCIS) has been sentenced in connection to charges stemming from apparent corruption. In order to provide further insight it is necessary to quote directly from the official website of the United States Immigration and Customs Enforcement Service (USICE, although sometimes colloquially referred to as ICE) website, ICE.gov:

LOS ANGELES — A former supervisor with U.S. Citizenship and Immigration Services (USCIS) and his son were sentenced Thursday on federal corruption charges to 60 months and 48 months in prison, respectively, following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations and the Department of Homeland Security’s Office of Inspector General. Fernando Jacobs, 72, of Upland, Calif., and his son, Patrick Jacobs, 44, of Ontario, Calif., were sentenced by U.S. District Judge George H. King. Judge King also ordered Fernando Jacobs to pay a $30,000 fine. Fernando Jacobs was remanded into custody to begin serving his prison sentence immediately. Patrick Jacobs has been in custody since his arrest in December 2009. Fernando Jacobs, who was a supervisory immigration services officer with USCIS, and Patrick Jacobs were convicted by a jury of conspiracy, bribery and honest services wire fraud. Additionally, Fernando Jacobs was also convicted of visa fraud. The evidence presented during the two-week trial in U.S. District Court in April showed the elder Jacobs accepted bribes in exchange for helping aliens seeking status in the United States and that his son acted as a middleman brokering deals with those individuals. “The significance of public corruption cases like this cannot be overestimated,” said U.S. Attorney André Birotte, Jr. “The American public demands honest government service and the Department of Justice is committed to policing government and preserving the public trust.” The evidence showed the elder Jacobs and his son engaged in a scheme to defraud USCIS of Fernando Jacobs’ honest services, using his authority and official position to enrich themselves by receiving payments in return for various actions…

The administration of this web log encourages readers to click upon those relevant hyperlinks noted above to learn further details from this interesting article.

It has always been this blogger’s experience that officers of the USCIS are upright, hardworking, and forthright individuals; but notwithstanding this fact there are instances where corruption can exist in any organization. Therefore, it is a genuine relief to see prompt action to discourage this behavior while simultaneously seeing that those engaged in illegal activity are brought to justice. Hopefully further efforts will yield more efficient and effective government in the future as such factors could result in more efficient and faster processing times for adjudication of bona fide immigration petitions and applications.

In news pertaining to the Association of Southeast Asian Nations (ASEAN), it recently came to this blogger’s attention that China considers engagement with ASEAN in the future as both important and strategic. To provide further insight it is necessary to quote directly from the online Asia Times website, ATimes.com:

Under its “good neighbors policy”, Beijing naturally considers improving relations with ASEAN an important strategic task. China has built up a strategic partnership with the 10-member ASEAN since 2003, and also with some of its members, one after another…

This article was also very noteworthy to this blogger because it highlighted some interesting issues arising in ASEAN and the future of the geopolitical situation in said region. The author, “an Assistant Professor of the Institute of International Studies at Fudan University,” Dr Jian Junbo, provides fascinating insights into the possible role of China in the Asia-Pacific region in the coming years:

China should help ensure regional public security with its growing military capability. Beijing should be broader-minded than its neighbors in regard to the use of its military to maintain regional stability by fighting piracy, terrorism and other international crimes in the Pacific Ocean. Instead of flexing its military muscle in territorial disputes, China should encourage political, economic and cultural integration in East and Southeast Asia. All in all, China should reshape its Asia strategy with an aim to functioning as a stabilizing force, while maintaining its strategy to keep a balance with the influence of the US in this region…

This blogger strongly encourages readers to click upon the hyperlinks noted above to read this incisive article in detail.

As economic and cultural integration increases in ASEAN, the so-called BRICS countries, the Asia-Pacific region, and the United States of America it stands to reason that further economic development will occur exponentially as a result of the current economic “cross-pollination” phenomenon which is happening at a rather rapid rate in the Pacific compared to roughly 10 years ago. As the economies of Greater Asia continue to prosper there are some who could argue that many financial and economic benefits will be accrued to the benefit of all concerned.

– Benjamin Walter Hart

For information about registering a company in America please see: US Company Registration.

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: ASEAN, Asia strategy, ASsociation of Southeast ASian Nations, Beijing, bribery, China, Department of Homeland Security, Department of Homeland Security Office of Inspector General, Department of Justice, East Asia, good neighbors policy, Homeland Security Investigations, honest services wire fraud, ICE, immigration services officer, Institute of International Studies at Fudan University, international crimes, Jr., jury of conspiracy, Pacific Ocean, Southeast Asia, supervisory immigration services officer, territorial disputes, U.S. Attorney André Birotte, U.S. Citizenship and Immigration Services, U.S. District Court, U.S. District Judge George H. King, U.S. Immigration and Customs Enforcement, United States Citizenship and Immigration Service, US Company Registration, USCIS, USICE, visa fraud
Posted in ASEAN Business, ASEAN Visa, US Business, US Company Registration, USCIS, USICE | No Comments »

It recently came to this blogger’s attention that officials from the jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN) are being encouraged to implement the ASEAN Economic Community (AEC) Blueprint. In order to provide further insight into these developments it is necessary to quote directly from a fascinating article posted to the Live Trading News website, LiveTradingNews.com:

The Association of Southeast Asian Nations (ASEAN) Wednesday was urged to implement the ASEAN Economic Community (AEC) Blueprint 2015 timely. “This year’s ASEAN Economic Ministerial meeting takes place at a critical juncture when there is so much uncertainty about the global economy given the fiscal situations in the United States and members of the European Union. From Indonesia’s perspective, it is imperative that ASEAN implements the AEC Blueprint 2015 on time as this will bring benefits to all of its members and allow ASEAN to grow together with our dialogue partners,” said Indonesian Trade Minister Mari Elka Pangestu…

Readers are encouraged to click upon the relevant hyperlinks noted above to read this article in detail.

Those who read this web log with any frequency may be aware of the fact that there have been many significant developments pertaining to the Association of Southeast Asian Nations (ASEAN). One major announcement, from this blogger’s perspective, was the broaching of the subject of a possibly unified ASEAN visa similar to the Schengen visa scheme currently utilized in Europe. Concurrently, in the context of the Kingdom of Thailand; there has been discussion surrounding the idea of creating Thailand Plazas throughout the ASEAN jurisdictions in order to promote Thai business interests in the region. With respect to geopolitics, ASEAN has been in the news recently as this organization seems poised to eventually promulgate a formal declaration with respect to freedom of navigation in the South China Sea. How such matters will ultimately evolve remains to be seen.

In news pertaining to United States immigration, it recently came to this blogger’s attention that the Governor of the sovereign State of Arizona has petitioned for Supreme Court review of that State’s recently enacted immigration law. In order to provide further insight it is necessary to quote directly from the official website of Politico, Politico.com:

Arizona Gov. Jan Brewer announced late Wednesday she has filed a petition asking the Supreme Court to consider her state’s appeal to a lower court ruling that put on hold key parts of Arizona’s anti-illegal immigration law. “I am hopeful that the U.S. Supreme Court will choose to take this case and issue much-needed clarity for states, such as Arizona, that are grappling with the significant human and financial costs of illegal immigration,” Brewer said in a statement released by her office. “For too long the Federal government has turned a blind eye as this problem has manifested itself in the form of drop houses in our neighborhoods and crime in our communities. SB1070 was Arizona’s way of saying that we won’t wait patiently for federal action any longer. If the federal government won’t enforce its immigration laws, we will.” Brewer, a Republican, vowed this spring to take the case to the high court after a ruling by the 9th Circuit Court of Appeals rejecting her motion to throw out a district court’s ruling that blocked implementation of parts of the law. The deadline to do so was Wednesday…

This blogger asks interested readers to click upon the relevant links above to read this article in detail.

As noted previously on this web log, the powers related to immigration and often wielded by the federal legislature and the federal executive are plenary in nature as immigration is one of the relatively few areas in which the United States federal government maintains virtually unfettered seemingly exclusive jurisdiction. That stated, how said jurisdiction interrelates with reserved States’ Rights and prerogatives is an interesting and almost interminably unsettled question. Hopefully, the Supreme Court of the United States can provide insight into these issues and possibly delineate a framework which will facilitate a better understanding of all of these issues and their interaction within the context of the United States Constitution.

For information related to US immigration from the Kingdom of Thailand please see: K1 Visa Thailand.

For information pertaining to general legal services in Southeast Asia please see: Legal.

Tags: 9th Circuit Court of Appeals, AEC, AEC Blueprint, AEC Blueprint 2015, anti-illegal immigration law, Arizona Governor Jan Brewer, ASEAN, ASEAN Economic Community, ASEAN Economic Community Blueprint, ASsociation of Southeast ASian Nations, European Union, Executive Plenary Power, illegal immigration, Indonesian Trade Minister Mari Elka Pangestu, Legislative Plenary Power, plenary, Plenary Power, SB1070, State of Arizona, States' Rights, U.S. Supreme Court, United States, United States Constitution, United States Supreme Court
Posted in ASEAN Business, ASEAN Visa, Comprehensive Immigration Reform, CR1 Visa, Department of Homeland Security, States' Rights, US Constitution, US Mission ASEAN, US Visa, US Visa and Immigration, USCBP, USCIS | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) is apparently compelling an Australian man, who is currently a partner in a same sex marriage with an American Citizen, to depart the USA. In order to provide further clarity on this situation it is necessary to quote directly from the official website of the San Fransisco Chronicle, SFGate.com:

Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from San Francisco and ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse. Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. They have lived together 19 years, mostly in an apartment in the Castro district. The U.S. Citizenship and Immigration Services denied Makk’s application to be considered for permanent residency as a spouse of an American citizen, citing the 1996 law that denies all federal benefits to same-sex couples. The decision was issued July 26. Immigration Equality, a gay-rights group that is working with the couple, received the notice Friday and made it public Monday. Makk was ordered to depart the United States by Aug. 25. Makk is the sole caregiver for Wells, who has severe health problems…

The administration of this web log encourages interested readers to click upon the relevant hyperlinks noted above to learn further details from this interesting story.

Frequent readers of this web log may recall that the provisions of the so-called “Defense of Marriage Act” (DOMA) preclude the federal government from recognizing a same sex marriage for purposes of distributing federal benefits. Therefore, same sex bi-national couples cannot acquire the same travel documents and visa benefits (such as the K-1 visa, CR-1 visa, or an IR-1 visa) as a different-sex couple notwithstanding the fact that the couple may be legally married in one of the State jurisdictions which legalize and/or solemnize such unions. It should be noted that legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) or the Respect for Marriage Act would rectify this situation to one degree or another. As of the time of this writing it remains to be seen whether this legislation will ultimately see enactment.

Meanwhile, in news of further interest to those who follow immigration matters; it recently came to this blogger’s attention that DHS has issued an announcement regarding a nationwide program to be administered by the United States Immigration and Customs Enforcement Service (USICE, sometimes colloquially referred to as ICE). To provide further insight it is necessary to quote directly from the official website of the Washington Times, WashingtonTimes.com:

The District could be forced to participate in an immigration-enforcement program now that the federal government has issued a letter to states that voided their participation agreements and emphasized the program’s mandatory nature. The Department of Homeland Security sent the letter last week to governors of 39 states, including Maryland and Virginia, after three states expressed interest in opting out of their contracts with the federal Secure Communities program. The program allows U.S. Immigration and Customs Enforcement to access fingerprints collected by state and local law enforcement and shared with the FBI. It was started in 2008 and has helped ICE identify and deport more than 86,000 convicted criminal aliens. “This is to avoid any further confusion,” ICE spokeswoman Nicole Navas said Monday. “We’ve made it clear. There’s no opting out.” DHS voided the agreements to clarify that they essentially served no purpose, and that states are required to remain in the program. Federal officials no longer will seek agreement with newly enrolled states and jurisdictions, and will simply notify them when they plan to implement the program…

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

Matters pertaining to immigration can be difficult to understand especially in the context of the United States Constitution since many of the immigration-related powers of the American Legislature and Executive are plenary in nature. How such powers interact with States’ Rights can be difficult to ascertain as the legal principles involved can be quite subtle. In any case, the ultimate resolution of this issue remains to be seen. Hopefully, a solution will present itself which will prove amenable for all concerned.

For information related to United States immigration from Thailand please see: Legal.

Tags: Commonwealth of Massachusetts, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, FBI, Federal Bureau of Investigation, federal Secure Communities, fingerprints, Gay Rights, ICE, immigration denial, immigration-enforcement program, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, LGBT Equality, Obama Administration, opting out, permanent residency, Representative Jerrold Nadler, Respect for Marriage Act, same sex civil union, same sex couples, Same Sex Marriage, Same Sex Partner, same-sex partnership, state and local law enforcement, States' Rights, U.S. citizen, U.S. Citizenship and Immigration Services, uafa, United States Citizenship and Immigration Service, United States Constitution, United States Immigration and Customs Enforcement Service, Uniting American Families Act, USCIS, USICE
Posted in Department of Homeland Security, lgbt immigration, USCIS, USICE | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security (DHS) is taking steps to encourage entrepreneurial immigration to the United States of America. In order to provide further insight it is necessary to quote directly from the official website of the DHS, DHS.gov:

WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment. “The United States must continue to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs,” said Secretary Napolitano. “Today’s announcements will help our nation fully realize the potential of existing immigration laws.” “Current immigration laws support foreign talent who will invest their capital, create new jobs for American workers, and dedicate their exceptional talent to the growth of our nation’s economy,” said Director Mayorkas. “USCIS is dedicated to ensuring that the potential of our immigration laws is fully realized, and the initiatives we announce today are an important step forward.” These actions mark the six-month anniversary of Startup America, a White House-led initiative to reduce barriers and accelerate growth for America’s job-creating entrepreneurs…

The administration of this web log asks readers to click upon the relevant hyperlinks above in order to read this article in detail.

In previous postings on this blog it has been noted that travel documents such as the EB-5 visa can be a satisfactory tool for those wishing to travel to the United States for the purposes of investing and residence. It should be noted that there are other employment based visa categories such as the EB-2 visa, the EB-3 visa, the EB-1 visa, and the EB-4 visa which may be used by individuals who find themselves in differing factual circumstances. Meanwhile, visas such as the L-1 visa and the E-2 visa are often used by non-immigrants who wish to travel to the United States of America for the purpose of either undertaking specialized employment or investing in a small business therein. That stated, those seeking immigration benefits are well advised to contact an American immigration lawyer since issues associated with American immigration can be legally complex and the process can sometimes prove cumbersome for those unaccustomed to dealing with matters pending before various agencies within the American federal bureaucracy.

In news pertaining to the continuing struggle for LGBT Equality, it recently came to this blogger’s attention that an attorney for the United States government has filed a response in a case involving a New York woman suing the government to have her same sex marriage recognized. To quote directly from a posting by Mark Hamblett for the New York Law Journal on the website Law.com:

Congress has fired back in a lawsuit challenging the constitutionality of the Defense of Marriage Act’s definition of marriage as between one man and one woman. In a motion to dismiss in the Southern District, former solicitor general Paul D. Clement and his legal team argue that the act, 1 U.S.C. §7, is entitled to a presumption of constitutionality, and that U.S. Supreme Court precedent holds that an exclusively heterosexual definition of marriage does not offend the equal protection clause. The motion came in Windsor v. United States, 10-cv-8435, which was brought by Edith Schlain Windsor…In his papers yesterday, Mr. Clement said that rational basis review, not heightened scrutiny, is the appropriate standard in judging the constitutionality of the statute and §3 “easily” passes that less exacting standard. In support of that view, he argues that DOMA does not infringe on the fundamental right to marriage, that “same-sex marriage is not a fundamental right” and that “DOMA implicates federal benefits, not the right of same-sex couples to marry.” Under the rational basis test, Mr. Clement said, Congress could have acted rationally “in the face of the unknown consequences of a proposed novel redefinition of the foundational social institution,” and it could have acted rationally to “protect the public fisc” in the balance it strikes in allocating federal burdens and benefits, and providing “consistency in eligibility for federal benefits based on marital status.” Congress also could have acted rationally “to avoid creating a social understanding that begetting and rearing children is not inextricably bound up with marriage” and to “foster marriages that provide children with parents of both sexes.”

This blogger recommends that readers click upon the hyperlinks above to read this article in detail as it is very enlightening about this case and the issues associated therewith.

The case noted above is interesting insofar as the underlying same sex marriage appears to have been legalized in Canada as opposed to another United States jurisdiction. How this fact will color a final adjudication remains to be seen, but it could have an adverse impact upon the outcome of the case as Full Faith and Credit issues pursuant to the Full Faith and Credit Clause of the United States Constitution may not be relevant under the circumstances. Frequent readers may recall that in an immigration context the so-called “Defense of Marriage Act” precludes immigration benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa from same sex bi-national couples even if they have been married in an American jurisdiction which legalizes and/or solemnizes same sex marriages. Legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) would ameliorate this discrimination, but such legislation has yet to see enactment.

For information related to legal services in Southeast Asia please see: Legal.

Tags: 1 U.S.C. §7, CR-1 Visa, CR1 Visa, Defense of Marriage Act, E 2 Visa, EB-1 visa, EB-2 Visa, EB-3 Visa, EB-4 visa, EB-5 Visa, equal protection clause, exceptional ability, foreign entrepreneurial talent, former solicitor general Paul D. Clement, Full Faith and Credit, Full Faith and Credit Clause, heterosexual definition of marriage, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, L-1 visa, LGBT Equality, Representative Jerrold Nadler, Respect for Marriage Act, RFMA, Same Sex Bi-National Couples, Same Sex Marriage, Secretary of Homeland Security Janet Napolitano, Startup America, startup companies, U.S. Citizenship and Immigration Services, U.S. Supreme Court, uafa, Uniting American Families Act, USCIS, USCIS Director Alejandro Mayorkas, Windsor v. United States
Posted in Department of Homeland Security, E2 Visa, EB-1 Visa, EB-2 Visa, EB-3 Visa, EB-4 Visa, EB5 Visa, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, L1 Visa, same sex visa | No Comments »

First they came for the communists,
and I didn’t speak out because I wasn’t a communist.

Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.

Then they came for me
and there was no one left to speak out for me…

[F]amous statement attributed to Pastor Martin Niemöller (1892–1984) about the inactivity of German intellectuals following the Nazi rise to power and the purging of their chosen targets, group after group.”

– quoted directly from the official website of  Wikipedia, Wikipedia.org

It recently came to this blogger’s attention that the former Secretary of Defense of the United States of America has been the subject of a so-called “enhanced patdown” (A.K.A grope down) administered by the TSA.  To quote directly from a very insightful article by Josh Rogin posted in The Cable on the official website of Foreign Policy, ForeignPolicy.com:

Former Defense Secretary Donald Rumsfeld was on the other side of the homeland security policies his administration helped to create today when he was held up and patted down at the airport after setting off the metal detectors on his way to board a flight…Rumsfeld was in Chicago to attend a panel and luncheon hosted by the Heritage Foundation and was on the way to Grand Rapids, MI to attend the funeral of Betty Ford, whom he called “one of America’s most beloved first ladies.”

This blogger asks readers to click on the relevant hyperlinks noted above to read this article in full and thereby gain insight into what apparently happened.

In this blogger’s opinion, the news above elucidates the fundamental absurdity and ridiculousness of the Transportation Security Administration (TSA), as of late, especially in light of the United States Constitution’s 4th Amendment protection against unreasonable searches and seizures.To provide poignant context it is again necessary to quote Wikipedia’s 4th Amendment entry:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In what way is it reasonable to assume that groping a former Defense Secretary is reasonable while he is traveling to the funeral of a former First Lady? Where is the probable cause for this activity? Where is the warrant for such an invasion of Mr. Rumsfeld’s personal space? These events seem rather ironic since it was Mr. Bush’s administration that began these Constitutionally-suspect practices. However, that should not divert the reader’s attention from the severity of this state of affairs. At what point did it become reasonable to deny everyone their Constitutional right to be free from unwanted touching? Or, perhaps more specifically unwanted searches of persons without a warrant supported by probable cause? To provide further insight, it is necessary to quote from another section of Wikipedia discussing fundamental legal issues associated with the American Constitution:

The U.S. Declaration of Independence states that it has become necessary for the United States to assume “the separate and equal station to which the Laws of Nature and of Nature’s God entitle them”. Some early American lawyers and judges perceived natural law as too tenuous, amorphous and evanescent a legal basis for grounding concrete rights and governmental limitations.^[3] Natural law did, however, serve as authority for legal claims and rights in some judicial decisions, legislative acts, and legal pronouncements.^[66] Robert Lowry Clinton argues that the U.S. Constitution rests on a common law foundation and the common law, in turn, rests on a classical natural law foundation.^[67]

This quotation above is important because it demonstrates the reason for the very existence of the 4th Amendment itself. Namely: to codify extremely important, yet utterly subtle natural rights. The founders were well aware of the fact some natural rights are so inherent to the very fiber of We The People‘s being that they are (under the weight of occasionally specious yet tempting legal reasoning) sometimes subject to being taken for granted by dint of their almost ethereal nature.

Readers are asked to bear the above in mind as this blogger feels compelled to quote directly from the website of My Fox New York, MyFoxNY.com:

[A] Colorado woman is accused of putting her hands on a TSA agent at Sky Harbor International Airport in Phoenix. Court records show 61-year-old Yukari Mihamae grabbed the left breast of the female agent Thursday at the Terminal 4 checkpoint…Mihamae now faces a felony count of sexual abuse. According to court records, she lives in Longmont, Colorado and is self-employed…

Readers are asked to click upon the hyperlinks above to read this article in detail. It is also necessary to point out that the woman in question noted above is innocent until proven guilty of any charge under American law and the American justice system’s adherence to Blackstone’s Formulation. That said, it will, no doubt, be interesting to ascertain the facts surrounding this incident since the lead-up to this incident may, at the least, provide context. Travel is stressful to begin with and, in this blogger’s opinion, such stress is only compounded by the duress which arises with the prospect of an invasive pat-down and the insistence, with little legal foundation, that such a pat-down be imposed.

In a somewhat startling turn of similar events it would appear that a woman in the sovereign State of Tennessee has been subjected to arrest as a result of an incident involving the TSA. In order to provide further insight on these developments it is necessary to quote directly from the Mail Online website at DailyMail.co.uk:

A mother has been arrested after refusing to let her child be searched by a TSA agent. Andrea Fornella Abbott, 41, was arrested at Nashville International Airport on Saturday after telling agents she did not want her daughter to be ‘touched inappropriately’ or have her ‘crotch grabbed,’ according to a police report. Mrs Abbott acted ‘belligerent and verbally abusive to staff’, yelling and swearing at them, according to the report. Police said after the woman refused to calm down she was arrested and charged with disorderly conduct…

Tags: 14th Amendment, aircraft, airport, airport screeners, American judges, American Lawyers, American Traveller Dignity Act, ballot box, Bill of Rights, body imaging machines, business travelers, cabinet secretary, classical natural law foundation, Clerk of the United States House of Representatives, Common Law, common law foundation, Constitutional Law, crotch grabbed, Declaration of Independence, disorderly conduct, due process of law, Erie Doctrine, families, Federal employee, Federal funds, federal regulations, felony count of sexual abuse, Former Defense Secretary Donald Rumsfeld, Full Faith and Credit, Full Faith and Credit Clause, funeral of Betty Ford, German intellectuals, Grand Rapids, H.R. 6416, Heritage Foundation, homeland security policies, immunity, judicial decisions, Laws of Nature, legal pronouncements, legislative acts, legitimate operation of a supreme government, Member of Congress, Michigan, millimeter wave machines, Nashville International Airport, Nazi, Oath or affirmation, Obama Administration, our rights are inalienable, Pastor Martin Niemöller, physical contact, political elites, probable cause, Right to travel, Robert Lowry Clinton, Secretary of Defense of the United States of America, senior citizens, Several States, Sky Harbor International Airport in Phoenix, Soviet citizens, Soviet Constitutions, Texas, touched inappropriately, Transportation Security Administration, TSA, TSA agent, U.S. Declaration of Independence, United States Constitution's 4th Amendment, unreasonable searches and seizures, warrant, warrant supported by probable cause, x-rays
Posted in Transportation Security Administration (TSA) | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security is to place Thailand on a sort of “risk list” pertaining to terrorism. In order to provide further details on this situation it is necessary to quote directly from the official website of The Nation, NationMultimedia.com:

A recent announcement by the US Department of Homeland Security said that Thailand will be on a new terrorism-risk list. The department has classified Thailand among countries that are known to “promote, produce or protect terrorist organisations or their members”. Spokeswoman for the department Gillian Christensen said in a written statement that countries “may have been included on the list because of the backgrounds of arrestees, not because of the country’s government itself”. Along with Thailand, three other US allies placed on the risk list are Egypt, Israel and the Philippines. In all there are 36 countries on this list of so-called Specially Designated Countries (SDCs) that “promote, produce, or protect terrorists”. Citizens from countries on this list who wish to travel to the US will be required to submit to a new “Third Agency Check”. In real terms, it could very well mean additional security check or possibly stricter rules for Thai citizens requesting visas to the US…

The administration of this web log encourages readers to click upon the relevant hyperlinks above to read this story in detail.

As noted in the aforementioned quotation, the ramifications of these developments could ultimately result in delayed processing of visas such as the K-1 visa, the CR-1 visa, and the IR-1 visa for fiancees and spouses of American Citizens. Meanwhile, those seeking employment or investment based visas such as the EB-5 visa or the L-1 visa may see further processing delays in matters where a visa is being sought through the US Embassy Thailand. Finally, it could be inferred that these developments will have an impact upon those seeking non-immigrant visas such as the B-1 visa, the B-2 visa, the F-1 visa, or the J-1 visa. Bearing all of this in mind, it remains to be seen how this announcement will actually effect the overall visa process.

In related news it was recently noted that the Royal Thai Immigration Police may be stringently enforcing immigration regulations with respect to the ED visa. In order to expound further upon these developments it is necessary to quote directly from the official website of the Pattaya Times, Pattaya-Times.com:

The Deputy Director of the Thailand Ministry of Education recently summoned all language schools’ owners in Pattaya along with senior Chonburi Immigration Police Investigators to address this issue and notify the schools of the crackdown. “Now any school found to be selling the Education visa simply to allow the foreigner to stay in Thailand and not attending the school will be closed down and lose their license. All of the school’s students, whether attending or not, will have their visas cancelled,” the representative of the Ministry of Education stated…

This blogger asks readers to click on the links above to read this interesting article in detail.

There are many types of Thai visas including, but not limited to the Thai business visa and the Thai retirement visa. Although neither of these visa categories are of issue in the aforementioned quotation. Clearly, the events noted above could have implications for those who stay in Thailand on a Thai Education visa. That said, those actually utilizing an ED visa for educational pursuits are unlikely to be adversely impacted by this new policy. However, the overall impact of this new policy remains to be seen.

For information related to legal services in Thailand please see: Legal.

Tags: Chonburi Immigration Police, Department of Homeland Security, DHS Spokeswoman Gillian Christensen, Education visa, Egypt, Israel, language school, Philippines, SDC, Specially Designated Countries, Specially Designated Country, Thailand Ministry of Education, Third Agency Check, US Department of Homeland Security
Posted in Department of Homeland Security, News, Thailand Visa, US Visa and Immigration | No Comments »