How Arapiao and others justify discrimination today

A few weeks ago I was in a spin class taught by this ultra conservative Christian teacher who had openly professed that the tsunami in Asia happened because "God punished those heathens."  The teacher was substituting the class, which was supposed to be a non religious spin class. (In her own class she only plays Christian music).  I asked her if she was playing Christian music, not because I dislike Christian music, but because at 5:45 am I want something loud with a fast rhythm. She immediately had it in for me. She did not play Christian music, but tried to correct the way I sat on a spin bike.  Not the adjustment and bike setting, but my posture. I do a ton of spin classes and have been doing them for quite some time to know what to do. She obviously wanted to mess me up, so that I would injure my knees. When I told her to stay away, she immediately derided me publicly and said I was anti Christian. (with her microphone). She also tried to justify it by saying that she is a certified instructor and was trying to "correct me."

Yes, you can justify discrimination. The slave masters did it.  And so does Maricopa county Sheriff, Joe Arapiao. How can you justify making illegal criminals wear pink underwear in jail and countless other indiscretions.  How can you justify stopping people simply because of the color of their skin? How can you justify not looking into sexual misconducts against Hispanic victims? By blaming the Obama Administration as using this as political move. Exactly like the spin teacher derided me for being anti Christian when I told her to stay away. Arapiao said, "Don't come here and use me as a whipping boy for a national and international problem," he said. "We are proud of the work we have done to fight illegal immigration. "  


The Justice Department released a scathing report after a long investigation, and the DHS revoked the counties ability to assist it in the Secure Communities Program. 


Yes, I understand that the Republicans hate illegal immigrants. And yes, we need to pass legislation. But how can America justify violating the civil rights of anyone? Interestingly the forefathers of these same people thought trading and selling slaves was OK.  And these forefathers at that time blamed the then Republican Lincoln of political moves. 


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Supreme Court to hear Arizona's Immigration Law

The Supreme Court has given certiorari to the Arizona case dealing with illegal immigrants. However the Supreme Court will only address the following questions:

• Section 2(B), which requires local police officers to investigate the immigration status of any person they stop or detain whom they possess “reasonable suspicion” to believe is unlawfully present in the United States;
• Section 3, which makes it a crime under Arizona law for foreign nationals to fail to carry or apply for registration papers provided by the federal government;
• Section 5, which makes it a crime under Arizona law for immigrants to solicit, apply for, or perform work without federal employment authorization; and
• Section 6, which authorizes local police officers to arrest foreign nationals whom they have “probable cause” to believe have committed an offense making them deportable from the United States.

Thus the court has thankfully left the bigger question of whether individual states have the right to rule on Federal Immigration issue alone.  Knowing that the justices are conservative, they would probably rule for State rights which would create a mess.

Justice Kagan is recusing herself. This means that the court will be heavily Conservative. And most probably they will rule for Arizona's ability to keep the provisions alive. However in Alabama, a German Manager from a Mercedes Benz plant and a Japanese Manager from a Honda plant was detained by police.  These companies will eventually leave Alabama. So good luck to the businesses in Arizona. 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Knowledge of English for Citizenship Tests

One of the requirements of the US Citizenship test is that the applicant demonstrate knowledge of English.  Many applicant, especially with limited knowledge of English take this to mean that if they pass the civics test, that is enough. However knowledge of English is a separate requirement than the knowledge of Civics. The law defines it as, "an understanding of the English language, including the ability to read, write and speak words in ordinary usage in the English language. "  However the law only requires a "reasonable test of literacy" and that "no extraordinary or unreasonable conditions shall be imposed on the applicant."
The English written test uses sentences using simple words prescribed by USCIS. Thus those sentences are not unreasonable.  However the oral test is left up to the discretion of individual officers. In my experience, when some officers see applicants with limited knowledge of English, they get harder. I have had several officers ask applicants, after swearing-in to tell the truth, the definition of truth. Everyone knows what the word truth means, but it's very hard to define a concept.  In fact, we should ask Rick Perry to define it on the spot and see how he does. I have also seen officers ask the definition of what it means to 'swear allegiance."  Yes, try define that Mr. Texas Governor.
On the other hand though I come across clients who parrot the answers to the 100 questions, and expect to vomit it out in the exam and pass. And yes, they pass the civics portion, but they don't understand a word of English. An applicant must know enough English to be able to function in society, (ie do jury duty) and be able to make a reasonable decision during elections. And that means understanding people with somewhat more brain than Rick Perry. 
My best advice is to learn the 100 questions, but also to watch English TV.  TV is a fun and painless way to learn enough English to pass the Naturalization test.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Why Americans will just not do certain jobs

This week  Business week explored the subject as to why some Americans wont do "Dirty Jobs."  After Alabama passed its most restrictive Immigration Law, the poultry industry, the fruit picking industry, the construction industry are all virtually shut down because no Americans who will take these jobs. This even though Birmingham Alabama is declaring bankruptcy and unemployment is sky high. The article says that these jobs are hard, and pay little with no benefits. The comments on the article are ablaze with how these employers should pay higher amounts and have benefits. But the article does not elucidate as to what will happen if we mandate employers to do that.
The cost of food will go up. The Americans will initially take the jobs.  Then when they discover that its hard work, they will quit. Why? because Americans have this sense of entitlement that immigrants don't have.
This sense of entitlement amongst "true Americans" is pervasive throughout the society. Go to any ivy league college, and there are the kids who got in through legacy, who will walk around in their designer clothes as if they own the world. Yet they contrast with their immigrant classmate, who got in based on merit and continue to outperform the legacy kids in academics.  That is why you have people like George Bush and Rick Perry, graduating with a "gentleman's C"  They never had to work hard ever in their lives.
Same is true of the blue-collar workers. They are spoiled with clean, cool working conditions with accompanying money and benefits. Make them work in the field under the burning sun or in a smelly poultry factory, and their auto industry trained body will not take it.
Yet immigrants come in, work hard and don't complain. That is true of all immigrants , in all ages, starting from the pilgrims. They were not born into privilege. They chose to live in America and expect to work hard and go up the ladder. And that is how America was built, and that is how it became a super power.
So if we become restrictionists like Arizona and Alabama, it is our quality that will suffer.  By becoming insular and white, we will turn the clock back to the time of the Willy Lomans (Death of a Salesman) of this country.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Privacy Issues in the Internet Age

This week the Supreme Court heard a case as to whether the police can track an individual through a GPS (available in most smart phones) without a warrant. USCIS has also been using the internet for some time now.  For family based cases based on marriage, the officers check facebook to see the status of the person. Never mind that some people forget to update their status from single to married especially if they are not addicted to Face Book.
But what is more irritating is that USCIS uses Dun and Bradstreet (a private company) to check the address of companies filing for employment based cases. D&B extremely frequently do not update their listing of the Companies.  USCIS  "suggests" that the Employer update their information in D&B. Employers are not lawyers and get scared whenever any Government authority tells them to do something. So they call D&B, who then sign on these employers for paid listings, etc. In the end, this Government agency is enabling a private company to solicit employers and enrich their pockets.
Is this Legal? Yes, employers may not have a right to privacy, but should USCIS suggest to employers to follow up with D&B reporting? Especially when there is NO law to do so?

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

Perm Audits

The Department of Labor (DOL) has announced that the Perm audits will increase. Of these audits, 24% are certified, 55 % are denied and 21% are withdrawn.




The DOL says most of the denials are in the lower skilled categories and in the financial industry. DOL feels that by denying these petitions, they are protecting American jobs. However, there are some lower skilled jobs (like machine work, technical work in the oil and gas industry) where there is a real shortage of US workers. No US Employer goes through the hassle and expense of the Immigration process if they can find qualified local grads. And by "qualified" I don't mean the least qualified, I mean the most competitive.



The DOL also expressed surprise that 21% of the cases were withdrawn. They think that those are fraudulent filings. Not so. It takes two years for an audit. The DOL has a target time of 45-60 days for approving PERMS. Many qualified employees don't want to wait that long.



The whole problem with restrictionist policies is that they negate free market capitalism, and thus are inherently un American.







And that is the problem of the whole PERM process. DOL just restricts the job to the least qualified individual who can do the job. Lets say the Petitioner is Bank of America. The position is an investment analyst. The minimum education requirement is a Bachelor's Degree. The Beneficiary is a graduate in finance and Math from MIT. Lets say someone with Rick Perry's credentials (a C from Texas A & M ) applies. Would you rather have financial advice from the American born A & M grad or the foreign-born MIT grad? By insisting on having the lowest possible credentials available to do the job, the DOL is actually dumbing down the American workforce and decreasing quality of work here.







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We the People

Today is Diwali. In the North Eastern Province of Bengal, where I'm originally from, it is celebrated , like the rest of India with lighting rows of oil lamps called the Diya and with fireworks.  But the day before this festival is the day of the ghosts, and in the evening the ghosts are rumored to come out.  With the lighting of the diyas on Diwali, the Ghosts disappear. This is similar to All Hallows Eve, and Dia de los Muertos. Its a celebration of life as opposed to death. The shortening of days make people aware of their own mortality and the festivals reinforce life.

Similarly in the spring there is a renewal of life which is celebrated in different cultures, in different ways. Be it Easter, or the Indian festival of Holi, color plays a dominant part.

We may come form different regions, different religions and cultures, yet we are fundamentally all equal.  The Restrictionists in our Immigration policy cannot see beyond these differences in color, race or religion. But we are becoming one world. The internet today unites the world, and outsourcing forces us to compete globally.  Yet when it comes to Immigration, we try to restrict our borders and try to unnaturally preserve our jobs.  But the reality of the marketplace is that people only come if there are jobs, if they can compete.  If not, the jobs are outsourced anyways.

Maybe some day we will have one  world where there will be no Xenophobia, and  no barriers.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information