National Immigration Forum, Apr. 24, 2024 "Today, center-right advocacy organizations hosted a press conference unveiling a border framework that prioritizes security, order and humanity at the...
Jeanne Batalova, Julia Gelatt and Michael Fix, MPI, April 2024 "The U.S. economy has changed dramatically in recent decades, from one that was heavily industrial to one that is mostly service and...
Chronicle of Higher Education "One woman’s journey between two countries in pursuit of an education and a brighter future Every weekday for the past 10 years, Viviana Mitre has driven back...
News reports indicate that some of the migrants trafficked to Martha's Vineyard by Florida Governor Ron DeSantis will receive work permits, protection against removal and eligibility for U visas. See...
Chris Brouwer, Cornell Law, Apr. 22, 2024 "Professors Jaclyn Kelley-Widmer and Stephen Yale-Loehr have secured a $1.5 million grant from Crankstart for their groundbreaking initiative, the Path2Papers...
"[H]e persuaded his colleagues on the Senate Judiciary Committee to adopt by voice vote an amendment (Franken 4) to the Gang of Eight's comprehensive immigration reform (CIR) bill, S. 744. If CIR is enacted with Franken 4 included, it would establish within U.S. Citizenship and Immigration Services (USCIS) an "Office of the Small Business and Employee Advocate" (the SBE Advocate), whose purpose would be to "assist small businesses [firms with 49 or fewer employees] and individuals in complying with the [Form I-9 (employment-eligibility-verification) requirements" of the immigration laws, "including the resolution of conflicts arising in the course of attempted compliance with such requirements."
The new role for the SBE Advocate complements the expanded authority of the USCIS Ombudsman under another amendment engrafted onto S. 744. Like the Ombudsman, the SBE Advocate is empowered to provide assistance to the public, resolve I-9 compliance problems and make recommendations for changes to immigration laws and regulations.
Unlike the bully-pulpit authority of the Ombudsman, however, the SBE Advocate would be authorized to issue an "Assistance Order" if any employer (not just a small business) or an individual has suffered or will likely suffer a "significant hardship" relating to I-9 compliance. The SBE Advocate can also consider "significant hardship" more favorably to the small business or individual if USCIS does not follow its own "applicable published administrative guidance" and require the Secretary of Homeland Security under the terms of an Assistance Order:
The anticipated creation of the Office of SBE Advocate follows on the longstanding difficulties encountered by small businesses in trying to comply with immigration law requirements and the more recent laudable attempts by USCIS to espouse (and, alas, inconsistently demonstrate) support for small-business entrepreneurship under that agency's Entrepreneurs in Residence program, which has provideduseful training to its adjudicators and continues to grow." - Angelo A. Paparelli, May 19, 2013.