Excerpts From the July 15, 2012 Bender's Immigration Bulletin: Arizona v. United States Decision

Excerpts From the July 15, 2012 Bender's Immigration Bulletin: Arizona v. United States Decision

Arizona v. United States Decision by Supreme Court 

The U.S. Supreme Court issued its decision in Arizona v. United States (No. 11-182, U.S. Sup. [enhanced version available to lexis.com subscribers]). on June 25. The United States had sued to prevent several provisions of Arizona's Senate Bill 1070 from taking effect, and the lower courts had agreed as to four provisions. As is discussed in the summary on page 1413, the majority of the Justices affirmed on three of the provisions, However, the Court held that the facial challenge to the most controversial provision, section 2(B), was premature. Professor Jennifer M. Chacón has written a thorough analysis of the decision, titled Arizona's S.B. 1070 in the U.S. Supreme Court: Who Won, Why, and What Now? It is available online as 2012 Emerging Issues 6515. Also visit the Immigration Law Community page for more on the decision: http://www. lexisnexis.com/community/immigration-law/.

To summarize the summary, the provisions that were preempted were those that criminalized violating federal alien-registration provisions, made it a state crime for an undocumented alien to work or seek to work in Arizona, and authorized state officers to arrest a person without a warrant if the officers have probable cause to believe that the person has committed an offense that makes him or her removable. The provision that the Supreme Court refused to strike down-at least yet, and it made it clear that it was preserving its option to do so once it sees how the provision works in practice-requires officers to make reasonable efforts to check the immigration status of anyone who has been lawfully stopped, arrested, or detained if the officer has reason to believe that the person is not authorized to be in the United States. It also states that an arrested person's immigration status will be determined before he or she is released.

The majority opinion was written by Justice Anthony Kennedy. Justice Antonin Scalia concurred in part and vehemently dissented in part. Justice Clarence Thomas also concurred in part and dissented in part. Justice Samuel Alito concurred on one more provision than Justices Scalia and Thomas, but dissented as to two of the provisions that were enjoined.

E-Visa Processing Consolidated at 3 Posts in Mexico

The U.S. Mission in Mexico will centralize all E-visas adjudications in Mexico at the posts with significant experience in processing E visas and large, trained staffs in the area: the U.S. Embassy in Mexico City, and the U.S. Consulates General in Monterrey and Tijuana. In addition, all E visa applications and supporting documents must be organized and presented in a standardized format as described for E-1 and E-2s on the U.S. Mission website (www.mexico.state.gov).

Scheduling of appointments and payment of fees will continue to be done through the online services and call center. Applicants can choose any one of the fourteen Applicant Service Centers located throughout Mexico to provide the required biometrics. The ASC will then schedule appointments for interviews in one of the three processing posts based on the applicant's preference and appointment availability. Documents in support of the application may be submitted in person at the ASC in Mexico City, Monterrey, or Tijuana or mailed directly to the visa section that will conduct the interview and adjudicate the visa.

DOLETA NPC Chicago Address Change

The Employment and Training Administration announced an address change for the Chicago National Processing Center. Starting on June 20, the Chicago NPC began accepting hard copy applications at its new location. The address is:

U.S. Department of Labor, Employment and Training Administration

Office of Foreign Labor Certification

Chicago National Processing Center

11 West Quincy Court

Chicago, IL 60604-2105

Telephone: 312-886-8000

Facsimile: 312-353-8830.

The new address in connection with fees (used for all invoices/fees submitted in connection with the H-2A program) is:

U.S. Department of Labor, Employment and Training Administration

Office of Foreign Labor Certification

Chicago National Processing Center

P.O. Box A3804

Chicago, IL 60690-A3804. 

CBP Announces Global Entry Progress

CBP announced on June 25 that all eight preclearance airports in Canada now have Global Entry kiosks. The final kiosks were installed at Edmonton International Airport in Edmonton, Alberta, earlier in June. Global Entry allows pre-approved, low-risk travelers to bypass the standard CBP inspection process and use automated kiosks to expedite entry into the United States.

 

Bender's Immigration Bulletin

[This is an excerpt from the July 15, 2012, issue of Bender's Immigration Bulletin.]

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