Integrity Legal

Posts Tagged ‘undocumented foreign national’

11th September 2010

The United States is an interesting country to analyze from the standpoint of immigration. Immigrants coming to the United States have provided the engine for economic growth throughout the 19th and 20th centuries. However, in recent years there have been those who have questioned US Immigration policy as spotty enforcement and a lack of clear Comprehensive Immigration Reform measures have left some feeling as though major change to the system is necessary for legal, political, and economic reasons. One aspect of US Immigration that some Americans fail to take into consideration when researching American immigration policy is the so-called “business argument”. Many feel that skilled immigrants can provide a much needed boost to the US economy particularly in economic areas where companies in United States are not as technically proficient compared to companies abroad. To quote a recent posting on the Financial Times website:

[T]he “business argument” for an increase in skilled immigrants is being politically sidelined because of the failure of the federal government to resolve the status of the more than 11m illegal and undocumented immigrants living in the shadows, and the unwillingness – not the inability – of the government to enforce current immigration laws.

This seeming lack of political will on the issue of Comprehensive Immigration Reform may stem from the current lack of a clear Immigration policy enshrined in American law. The United States Immigration system has not seen a large scale reform in many years and this has lead to systemic inefficiencies in dealing with real time issues. However, this author believes that American Citizens and American lawmakers have the ability to craft sound immigration policies. To quote the aforementioned publication further:

A world power – founded and built by immigrants – that has prospered, in large part due to its immigrant intake over the years, must do better than depend on an immigration policy that condones “don’t ask, don’t tell”.

Once a rational and comprehensive immigration policy is properly forged – and, more importantly, enforced – one hopes that business’s demand for additional skilled immigrants will be an integral part of it.

The idea of a “don’t ask, don’t tell” US Immigration policy is a bit controversial as there are laws on the books which speak directly to issues such as unlawful presence in the United States, but the enforcement of such laws is difficult as the problem of undocumented immigrants in the US has become ubiquitous and therefore difficult to deal with. Overcoming this problem will likely result in an overall benefit to the US economy as Comprehensive Immigration Reform could pave the way for legitimate business immigration to the USA.

The benefits which can be accrued to the American economy’s favor should not be underestimated. Foreign direct investment in the United States economy will likely come from immigrants who wish to invest in American business while maintaining lawful status through utilization of some form of US visa. Meanwhile, skilled technical labor from abroad would make the US economy that much more attractive to foreign and domestic investors and increase the likelihood of future American technological innovation: which has consistently remained the American economy’s “Ace in the Hole” when making comparisons to other economic areas around the globe.

For related information please see: E2 visa or EB5 visa.

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8th September 2010

The United States Immigration and Customs Enforcement Service (USICE or more commonly referred to by the acronym: ICE) is tasked with enforcing American Immigration and Customs law. Often ICE officers are involved in programs aimed at apprehending those in the United States illegally or those who initially came to the United States legally, but later either dropped out of lawful status or committed a criminal offense which created a legal ground for removal. For the most part, ICE seems to primarily deal with immigration violations which occur along the Southern border of the United States as this has increasingly been an area where illegal immigration occurs frequently. However, their mandate includes all immigrants and foreign nationals from countries around the globe and in a recently promulgated announcement from  the Department of Homeland Security (DHS), distributed by the American Immigration Lawyers Association (AILA), it was noted that those from Asian countries who violate US law are just as susceptible to removal. To quote directly from the aforementioned announcement:

SEATTLE – In a chartered flight that originated in Seattle on Aug. 31, U.S. Immigration and Customs Enforcement (ICE) returned 96 immigration violators to the Philippines, Vietnam, Indonesia, Malaysia, Japan and Cambodia; 66 of them had committed criminal offenses in the United States.


ICE’s Office of Enforcement and Removal Operations (ERO) coordinated the flight that returned 66 Filipinos, 18 Indonesians, 5 Cambodians, 4 Malaysians, 2 Japanese, and 1 Vietnamese nationals to their respective countries. The group included 79 males and 17 females. These individuals came into ICE custody from locations throughout the United States and were housed at various detention facilities across the country before being transported to the Northwest Detention Center in Tacoma, Wash., shortly before the flight.


Among the 66 who had been convicted of criminal offenses while living in the United States, their crimes included homicide, felony drug trafficking and possession, rape and other sex crimes, aggravated assault, weapons possession, grand theft, and burglary.


“This year, ICE expects to remove a record number of criminal aliens from the country and charter flights like this are a big part of making that happen,” said ICE Director John Morton. “The United States welcomes law-abiding immigrants, but foreign nationals who violate our laws and commit crimes in our communities should be on notice that ICE is going to use all its resources to find you and send you home.”


ICE officers and medical staff with the Division of Immigration Health Services accompanied aliens on the flight.

Removal from the United States is a serious matter and those immigrants present in the USA on some sort of immigrant visa are well advised to adhere to US law and maintain lawful immigration status at all times. That said, those who have been deported from the US are generally not able to lawfully reenter the United States for a statutorily prescribed period of time. Those barred from the USA may be able to reenter after an approval of either an I-601 waiver or an I-212 petition for advance permission to reenter the USA. In some cases, those removed from the United States are indefinitely ineligible for readmission to the US. USICE offices overseas seem to be tasked with making certain that those removed from the United States actually return to their home country or remain abroad in an effort to prevent from them returning to the USA unlawfully.

United States Immigration law is a complex area of American jurisprudence. The existence of an American warrant on an alien’s record or prior criminal convictions in US Courts can have a serious impact upon one’s ability to immigrate to, and remain in, the United States.

Those seeking information about specific immigration issues are well advised to contact a US attorney in order to ascertain one’s options pursuant to American Immigration law.

For related information please see: Warrant For Arrest, US Visa Indonesia, or US Visa Vietnam.

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