Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > News articles and reports
Click to log in with Facebook
News articles and reports News articles, op-eds, reports on issues of immigration.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 04-27-2010, 01:21 PM
Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
04/01/2007
Chargeability
:
United States
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2008
Posts: 48
harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute
Default Arizona's new 'papers, please' law may hurt H-1B workers

Arizona's new 'papers, please' law may hurt H-1B workers - Computerworld


Computerworld - H-1B workers in Arizona that can't immediately prove they're working in the U.S. legally may find themselves detained by police or even jailed under the state's new immigration law.

Legal experts said that an H-1B worker questioned by a police officer that has "reasonable suspicion" about his or her immigration status could be arrested while doing nothing more than going to a restaurant, grocery shopping or even taking a walk around the block if they don't have their H-1B papers at the ready.

Federal immigration law requires that all non-U.S. citizens, including H-1B workers, have documentation showing that they are in this country legally, but visa workers are rarely asked to produce their papers at any time or place, said legal experts.

Many visa holders aren't likely to carry valuable and hard-to-replace paperwork on them at all times for practical reasons -- they could be lost or stolen. Under the new Arizona law, though, every police officer becomes, in effect, an immigration enforcement agent that can demand the paperwork at any time.


The Arizona legislation, signed into law by Gov. Jan Brewer on Friday, has since prompted some sharp reaction.

For instance, San Francisco City Atty. Dennis Herrera yesterday asked city policymakers "to adopt and implement a sweeping boycott of the State of Arizona and Arizona-based businesses."

The main documents that foreign workers would need to show if asked include their I-94 card, which shows their lawful status, and most likely their passport.

Immigration experts noted that there are a number of ways that an H-1B worker can be in this country legally, but not have the paperwork to prove it.

For example, a worker could be carrying an expired I-94 card while waiting for new paperwork from U.S. immigration authorities, a process that could take months. Under current laws that worker could be in the U.S. legally even though the paperwork doesn't reflect it, said Gregory A. Wald, an attorney at Squire, Sanders & Dempsey LLP. "Is a police officer in Arizona going to understand that?"

Meanwhile, the Arizona law may discourage foreign national students from attending college in the state as well as discourage businesses from expanding or locating in Arizona, said Marko Maglich, an attorney at White & Case LLP. "H-1B workers and their employers will surely be among those who find it easier to go somewhere else where people don't risk detention for forgetting their passports when they make a 7-11 run," Maglich said.

Stephen Yale-Loehr, a Cornell University Law School professor and immigration expert, said that the paperwork legal aliens must carry under the Arizona law is not something that most people carry because they fear they will lose it. "They are very valuable (documents) and they usually don't want to take them with you to the gym or the grocery store," he said.

Employers will, at the very least, "be putting out memos to all of their H-1B workers telling them to make sure they carry around their H-1B documents at all times, said Yale-Loehr. In the long run, and depending on how the law is enforced, "it could slow down the willingness of companies to invest in Arizona if they hire a lot of non-citizens," he said.

The Arizona law will be challenged in court and may even push ahead efforts in Congress to adopt comprehensive immigration reform.

Some experts agree that what Arizona's governor has signed into law is unique. "No state until Arizona has made it a crime to not have that paperwork on your person," Sarah Hawk, who heads the immigration practice at Fisher & Phillips LLP.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 04-27-2010, 01:40 PM
Senior Member
Priority Date
:
Aug-03
Category
:
EB3
I140 Mailed Date
:
06/04/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2007
Posts: 301
sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute sparky_jones has a reputation beyond repute
Default

It's not the intent of the law, but how it will be enforced that is the problem. As this article points out, ultimately a lot weighs in on the local law enforcement's understanding (and willingness and/or ability to correctly interpret) of the complex immigration laws. Fact is that legal status is not always black-or-white. The precedent for this is how local DMV's interpret immigration status in states which require them to establish such status of applicants. Imagine if the same standards are applied in deciding if you should be arrested or not. Imagine if you have an expired I-94, and you employer has submitted the H1B extension application before the expiration. Current law gives you an automatic 240 days extension while you application is pending. How are you going to explain your immigration status to the local cop? Would you carry the expired I-94, the receipt notice for the renewal, and the policy documents that provide information on the 240-days rule? I am sure the local cop would prefer to arrest you, and then have you explain the immigration status through an attorney. In the case of the situation with DMVs, the worst thing is that you would not get a DL. But with the Arizona law, you are looking at an arrest.
__________________
EB3 - India (PD:Aug 2003)
I-140 Approved (PP): 06/14/2007 by TSC
I-485 RD: 7/23/2007 (TSC)
New EB2 I-140 Approved: 12/5/2011 (TSC)
Interfiled 12/15/2012
Greened on Feb 10, 2012!
Total Contribution: $200
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 04-27-2010, 01:48 PM
Senior Member
Priority Date
:
Jan-08
Category
:
EB2
I140 Mailed Date
:
03/27/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 286
cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute cbpds has a reputation beyond repute
Default time till august

The law becomes effective from August, guess we should take up this H1 clarification issue with USCIS and Arizona govt.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 04-27-2010, 02:33 PM
Senior Member
Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
01/07/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 121
Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold Abhinaym is a splendid one to behold
Default

Another question for the enforcers:

Would carrying around photocopies be fine?
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 04-27-2010, 02:34 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 143
Blog Entries: 1
slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of slowwin has much to be proud of
Default troll alert

guys,
looks like handle 'harivenkat' is created by an anti-immigrant troll(look at the profile info). he/she is simply trying to scare you. Ignore please.
Bookmark and Share Compare Reply With Quote


0 out of 2 members found this post helpful.
  #6 (permalink)  
Old 04-27-2010, 02:36 PM
Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2009
Posts: 74
kumar1305 is a splendid one to behold kumar1305 is a splendid one to behold kumar1305 is a splendid one to behold kumar1305 is a splendid one to behold kumar1305 is a splendid one to behold kumar1305 is a splendid one to behold kumar1305 is a splendid one to behold
Default

if customs officials are not able to understand this crazy immigration process then how will a cop understand it? This law is ridiculous. Who will train the cops and for how long? Instead of all this BS why don't they just make law saying that Arizona is only for citizens and all other get out.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #7 (permalink)  
Old 04-27-2010, 02:44 PM
Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
04/01/2007
Chargeability
:
United States
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2008
Posts: 48
harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute harivenkat has a reputation beyond repute
Default false alert

Quote:
Originally Posted by slowwin View Post
guys,
looks like handle 'harivenkat' is created by an anti-immigrant troll(look at the profile info). he/she is simply trying to scare you. Ignore please.
sir,

beg to differ with your not correct alert ... i am not the anti... i myself am in Eb3 I 140 waiting for 485. I came across that article on computerworld :

Arizona's new 'papers, please' law may hurt H-1B workers - Computerworld
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 04-27-2010, 02:52 PM
Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
03/20/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Sep 2007
Posts: 79
h1b_forever is a glorious beacon of light h1b_forever is a glorious beacon of light h1b_forever is a glorious beacon of light h1b_forever is a glorious beacon of light h1b_forever is a glorious beacon of light h1b_forever is a glorious beacon of light
Default Hope Arizona teaches everyone a lesson

Before you jump to any conclusion, what I mean is, I hope this results in everyone boycotting Arizona (Businesses, Tourists etc) and every one thinks twice before kicking the lowly immigrant "Alien" again
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 04-27-2010, 02:58 PM
Junior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
01/12/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/12/2004
Compare
Join Date: Sep 2007
Posts: 5
ItsLife is infamous around these parts ItsLife is infamous around these parts ItsLife is infamous around these parts
Thumbs up you have to stay in arizona to understand it dude

Quote:
Originally Posted by slowwin View Post
guys,
looks like handle 'harivenkat' is created by an anti-immigrant troll(look at the profile info). he/she is simply trying to scare you. Ignore please.
You are in texas, its not easy to understand someone else plight from a distance. Come to arizona and you will understand the problem. You wont even get DL if you have filed an extension.

Last edited by ItsLife; 04-27-2010 at 03:51 PM.
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #10 (permalink)  
Old 04-27-2010, 04:10 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
01/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Jun 2008
Posts: 129
EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold EB3_SEP04 is a splendid one to behold
Default

Quote:
Originally Posted by harivenkat View Post
sir,

beg to differ with your not correct alert ... i am not the anti... i myself am in Eb3 I 140 waiting for 485. I came across that article on computerworld :

Arizona's new 'papers, please' law may hurt H-1B workers - Computerworld
Hi "HariVenkat",
i don't think you are anti-imm, i think you are legit. I am just curious :
what country are you from?
Are you on EAD or H1?
What is your profession ?
Have you filed for US Citizenship yet, if yes when did you file for and when do you expect to get it ?
you are married to a US citizen may be?

any additional (not personally identifiable) info about your status, experience will be helpful in clearing the doubt that some may have.
__________________
Sep_2004/EB3/India/July_filer
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Arizona's new 'papers, please' law may hurt H-1B workers harivenkat Non-Immigrant Visa 3 04-29-2010 04:59 PM
H1-B restriction: Silicon Valley to be hurt gc28262 News articles and reports 3 08-26-2009 12:41 AM
Restricting H-1B to hurt US economy snathan All other Green Card Issues 1 05-15-2009 12:12 PM
*don't HURT YOURSELF!* Jaime Sept 18th Rally: Car-pooling, Group Reservations for Air travel, hotel etc. 2 09-17-2007 03:59 PM
Big mistake on Form 485, will this hurt me? gcbug Retrogression, priority dates and Visa bulletins 11 07-25-2007 09:53 PM



All times are GMT -4. The time now is 05:40 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org