• ICE Raids the AgriProcessors Plant in Iowa

On May 12, 2008 ICE raided the AgriProcessors Plant in Iowa pursuant to a criminal search warrant regarding “aggravated identity theft, fraudulent use of social security numbers and other crimes and a civil warrant for people illegally in the US.” The New York Times reported that “approximately 80% of the plant’s employees were in the country illegally.” (85 IR 1477; May 19, 2008)

• ICE Raid at Dulles Airport

August 14, 2008, forty-two workers suspected of being in the country illegally were detained at Dulles International Airport as immigration authorities checked the identities of people entering one of the employee entrances. All were Latin American construction workers involved with some of the extensive building projects underway at the airport. (Washington Post, August 14, 2008; N.C. Aizenman, Staff Writer)

• Department of State (DOS) and Department of Homeland Security (DHS) Announce Distribution of US Passport Cards

On July 22, 2008, DOS and DHS announced that “the new US passport card is in full production and is now being distributed.” This passport card will be useful for those who live in bordering communities and need to travel to and from the US by sea or land. The card will be equipped with a microchip which will be read by the CBP officers before the traveler reaches the inspection booth. No personal information will be stored in the microchip itself. This measure will insure protection of the traveler’s personal information. (85 IR 2033; July 28, 2008)

• House of Representatives Introduces New Legislation

“Rep. Chris Carmon (R- Utah) introduced H.R. 6454, a bill to extend and expand the E-Verify program for employment eligibility confirmation and for other purposes.” (85 IR 2034-9; July 28, 2008)

• New Special Immigrant Visa for Iraqi Employees and Contractors of the United States

A new visa will be available for “Iraqi nationals who worked for or were contractors of the United States government for at least one year after March 20, 2003.” The Defense Authorization Act for Fiscal Year 2008 authorizes up to 5,000 of these visas. (13 IB 959; August 1, 2008)
 

• Employment Discrimination Claim Against Employer who Failed to Employ Local Hispanics Successful in U.S. District Court

H-2A employer was found to have discriminated against local Hispanic employees - who were terminated or not employed - to give preference to foreign H-2A workers. The employer was found personally liable for racial discrimination for giving preference to foreign workers at the expense of Hispanic workers. [13 IB 994-5; August 1, 2008; Perez-Farias v. Global Horizons, Inc., 2008 U.S. Dist. LEXIS 27588 (E.D. Wash. Mar. 26, 2008)]

• Court Ordered Government Officials to Adjudicate Applicant's Applications in U.S. District Court

Foreign Nationals applied in 2003 for adjustment of status as a non-immigrant to become an immigrant. As of 2007, the application had not been processed; therefore, the applicant filed a complaint for mandamus in federal court asking the court to require the government officials to adjudicate the application. The court found the government officials’ delay to be unreasonable and required them to process the application within 30 days of the order and awarded attorney fees to the plaintiffs who brought this action to compel. [13 IB 995-6; August 1, 2008; Shirmohamadali v. Heinauer, 535 F. Supp.2d 1059, 2008 U.S. Dist. LEXIS 13498 (E.D. Cal. Feb. 22, 2008)]
 

• Derivative Naturalization

The US Court of Appeals for the Second Circuit held that former INA §321(a) is constitutional in that an alien born out of wedlock can obtain derivative naturalization through his or her mother before the child turns 18. However, the child cannot obtain derivative naturalization through his or her father unless paternity has been established. [85 IR 2047; July 28, 2008; Grant v. U.S. Dept. of Homeland Sec., 2008 WL 2757042 (2d Cir. 2008)]

• Denial of L-1A Extension

The US Court of Appeals for the Ninth Circuit affirmed a District Court decision upholding a USCIS denial to extend an L-1A visa for the president of a Brazilian corporation. The court found that the president “supervised only one professional employee and that the company had not yet reached the level of organizational sophistication to enable him to devote his primary attention to managerial duties, as opposed to operational ones, even though he held a position at the head of the corporate structure." [85 IR 2049; July 28, 2008; Brazil Quality Stones, Inc. v. Chertoff, 2008 WL 2675825 (9th Cir. 2008)]
 

• PERM Decision

Employer filed an application for permanent labor certification to enable a foreign national to fill the position of finance manager at his used-car dealership. His application was denied on the ground that the beneficiary did not possess a bachelor’s degree. Employer appealed claiming that a bachelor’s degree was not relevant for the position of financial officer, that in 16 years he had never requested a BA for that position and that the only way to gain experience in that field was to work in auto sales. On appeal the Board held that since Appendix A required an employer to require a BA, then the employer was obliged to follow such instruction “regardless of whether the employer ha[d] required a bachelor’s degree or higher degree” in the past of that particular professional position. [85 IR 2003; July 21, 2008; In Matter of A One Auto Center, BALCA Case No. 2008-PER-00043 (BALCA June 17, 2008)]
 

Sources: IR-Interpreter Releases; IB-Bender’s Immigration Bulletin; American Immigration Lawyers Association Monthly Journal; AILA - American Immigration Lawyer’s Association