News Articles

October 27, 2007
Death to the Dream Act

July 11 , 2007
Dead in the Senate: Failing to Pass Immigration Reform

June 15, 2007
All Employment Based Priority Dates Current!

May 21, 2007
Immigration Proposal Paves Path To Legalization

May 7, 2007
Comprehensive Immigration Reform, When will it Happen?

February 8, 2007
Proposed Immigration Fee Rate Hike

December 5, 2006
New Supreme Court Decision Helps Non-Citizen Drug Offenders

November 16, 2006
What a Democratic Congress Means for Immigration Reform

July 18, 2006
Status of Immigration Reform

April 21, 2006
The Lack of Leadership on Immigration Reform

April 20, 2006

Immigration Enforcement to Asset Seizure

April 5, 2006
The Buzz on Immigration Reform

March 22, 2006
New Supreme Court Justices Review Immigration Case

Feb 28, 2006

Senate to Review Immigration Reform
and H1B1s


Nov 8, 2005
Possible H-1B Visa and Employment-Based Immigration Relief

Oct 11, 2005
Apply Now for 2007 Diversity Visa

Jul 31, 2005
Department of Labor Guidance on Work Visas

Jun 17, 2005
USCIS Memo Summarizes REAL ID Provisions

Feb 12, 2005
PERM Faster Labor Certification Overview

Dec 9, 2004
New H1, L1 and Investigative Provisions

Nov 16, 2004
No Consequence for Failure to Register?

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Immigration Enforcement to Asset Seizure

The Department of Homeland Security (DHS) has announced its plan to combat illegal immigration with increased enforcement measures.  The plan was announced on April 20, 2006, and is set out to protect the borders and increase security. 

The enforcement strategy is part of the second phase of the Secure Border Initiatives (SBI) part of the DHS plan to secure borders and cut down illegal immigration. 
                                                    
The priorities set forth by this plan are to: (1) Identify and removal criminal aliens (including lawful permanent residents with criminal convictions) and other immigration violators; (2) Build strong worksite enforcement and compliance programs to deter illegal employment; and,  (3) Uproot criminal infrastructures at home and abroad that support illegal immigration, human trafficking and fraud.

To accomplish this task, the following tasks have been set forth:

One, Identify and remove incarcerated criminal alien.  The prisons and jails in this country rough approximately 630,000 aliens who are deportable.  Although many jails and prisons already have ways of detecting and reporting aliens to DHS, others do not.  The goal is to close the gap on the facilities that do not have a system or reporting and detaining individuals for DHS removal.

Two, locate and deport fugitives from immigration.  Fugitives are people who have been ordered deported and have not left the United States.  DHS states that there are approximately 40,000 new fugitives each year.  DHS plans on putting out nationwide warrants for fugitives so that if they are stopped for a traffic violation, they are held for immigration removal.  Additionally, new support centers called “Fugitive Operation Support Centers” will be opened up to allow agents in multiple locations to pick-up aliens and assist local police when a fugitive is identified.  At least 25,000 arrests are expected annually.

Third, target and remove visa violators.  A substantial portion of illegal immigration are people who enter legally but do not live up to the terms of their entry.  This could be a visitor that works, an H1B1 worker who does not maintain his job, or even a student that does not attend class.  Immigration authorities plan to increase investigation of such violators and arrest and detain people in violation.  At least ten million dollars ($10,000,000.00) will be spent on systems developed on this approach.       

Fourth, target and remove aliens that post criminal or national security threats.  There are numerous illegal aliens that are in society that pose a threat.  Immigration and Customs Enforcement (ICE) has planned surveillance programs to detect persons it deems are a threat to society. 

Fifth, provide real-time information to law enforcement officials.  The ICE Law Enforcement Support Center (LESC) in Vermont provides information to local police 24 hours a day, 365 days a year to any law enforcement officer who has arrested a foreign national.  So far over 1.3 million inquiries have been made leading to 7,000 detained aliens.

Additionally, there are goals to build strong work site enforcement and compliance programs to deter illegal employment.  What is most noteworthy, is that employers will be facing more than fines and sanctions.  DHS has announced that it has already begun seizing assets of employers and imprisoning employers for laundering money through paying cash to illegal aliens.  Obviously, this is a much more aggressive and serious approach than past.  Many employers will need to concern themselves with whether company assets get seized just because they hire illegal immigrants.  DHS announced that on one case alone they seized fifteen million dollars ($15,000,000.00) from a company.  Moreover, this kind of seizure can lead to rampant aggression as the government begins to taste the spoils of this tactic.

In all, immigration enforcement is on the move.  It is apparent that there have been many years past that this sort of enforcement has been overlooked.  Since the years from September 11, 2001, now approaching five (5) years ago, the government has made it a priority to close the gaps on immigration enforcement.  The net has become more tightly woven over the years and will continue to be cast over a larger area.   As such, one should expect that enforcement of immigration law will not lax for years to come.  Moreover, the continuing interest in enforcement has made a stiffer approach to enforcement more acceptable.  The government’s novel attempt at seizing assets of employers is a bold step that makes immigration enforcement resemble drug enforcement or organized crime enforcement.  This trend is probably going to increase and I am sure will be the topic of more debate.

Written by:
Sanjay S. Mathur; Mathur Law Offices, P.C.
Attorney at Law
Mathur Law Offices, P.C.
www.mathurlawoffices.com
214-378-8880

 

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