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RICO Claim for Hiring Undocumented Workers

Mohawk Indus. v. Williams, 547 U.S. 516 (2006)Read more...

  • In a per curiam opinion dated June 5, 2006, the Supreme Court held that certiorari was improvidently granted and remanded the case to the Eleventh Circuit for reconsideration in light of Anza v. Ideal Steel Supply Corp., another RICO case the Court decided the same day.

Report: 40 U.S. states passed immigration laws in 2011

Published on Tue, Aug 09, 2011

By Karen Brooks

AUSTIN, Texas - Nearly 250 new immigration laws and resolutions were enacted in 40 U.S. states during the first half of this year, indicating frustration with the federal government's handling of the issue, according to a new report.

The laws range from hiring restrictions to voter identification and allowing in-state tuition for illegal immigrants, according to the report released on Tuesday by the National Conference of State Legislatures. The numbers show a slight decrease in activity from last year, but every state and Puerto Rico proposed legislation dealing with the issue in the first six months of 2011. By comparison, only 38 immigration laws were enacted by states in 2005.

"States are reacting to the federal government in inefficiency and they're trying to figure out how to deal with it -- good, bad and ugly," said Wendy Sefsaf, director of communications at the American Immigration Council, a Washington think tank. "Immigration impacts every policy issue there is, and people are trying to figure out how to manage it, for better or for worse, because the federal government won't." Among the findings in the report, released during the council's annual meeting in San Antonio:

* 14 states included funding for immigration initiatives in their budgets.

* Governors vetoed 12 pieces of legislation, including bills related to social services and immigration.

* Ten states enacted legislation requiring businesses or contractors to use the government E-Verify program to ensure the legal status of workers.

* Five states -- Alabama, Georgia, Utah, Indiana and South Carolina -- enacted omnibus laws inspired by Arizona's 2010 law, which gave police the power to enforce immigration. All have been challenged in court.

Published in the Reuters

Audio Seminar: The Unwritten Rules of J Visas

Program

Immigration attorneys with clients who are training international personnel find that the J visa can offer many advantages over Hs and Bs: no restrictions on source of income, no USCIS involvement in the application process, priority visa appointments, etc. But the J visa comes with many considerations not readily found in the Department of State Regulations.

This audio seminar will cover "how it works" questions regarding SEVIS, maintaining J status, determining eligibility, determining home residency requirements, etc. It will also address some of the political considerations behind J policies. Read more...

Quick Fact: Foreign students contribute to the economy

The 690,923 foreign students who were in the country during the 2009-2010 academic year contributed $18.8 billion to the economy.

New argument that immigrant reform vital to economic recovery

Published on Sun, Nov 13, 2011

Critics of undocumented immigration and of granting a path to citizenship to the undocumented currently living in this country often argue that immigrants are a drain on our country’s resources, and the U.S. can simply not afford to continue to support an illicit population that thrives off of government-funded services and programs. However, an ever-increasing number of studies show that the cost of immigrants to this country is wildly inflated, and in fact the contributions the immigrant population makes to the U.S. outweigh their expense.

On Sunday, Nashville newspaper The Tennesseean published an op/ed by Ted Rayburn which put a new spin on the argument that reforming the U.S. immigration system would benefit the economy. Rayburn argues that in an increasingly competitive global market society, the U.S. is in danger of falling behind, as the world’s highly skilled workers are moving en masse to countries with growing economies, such as Brazil and India. He concludes that if the U.S. does not revise its immigration laws to allow these skilled individuals to legally come to the U.S. and work, we will be at a perpetual international disadvantage.

The cogent arguments made by Rayburn regarding the importance of skilled immigrant labor in this country, however, does not preclude the similarly vital importance of unskilled immigrant laborers to the U.S. economy.

In Arizona, recent changes in the state’s immigration laws have illustrated the vital necessity of flexible migrant labor to local industry. As this labor has become increasingly scarce since the passage of SB 1070, many Arizona industries, most notably agriculture, have experienced the negative effects of a worker shortage.Read more...

Published in the The Examiner

Institute & Meetings

Practical Training through the Litigation Institute

The Legal Action Center, in partnership with the American Immigration Lawyers Association (AILA), developed and organizes the innovative Litigation Institute. The Litigation Institute is a hands-on, practical training program for lawyers to develop their litigation skills. Institute participants work in small groups throughout the multi-day program where they participate in mock immigration court and federal court hearings. The LAC provides each participant with an Institute Manual and an extensive compilation of litigation resources. This workshop consistently sells out and is one of the top ranked immigration legal education programs available. Planning for the 2011 Litigation Institute will begin in the spring of 2011. Archived information about the 2010 Litigation Institute can be found here:
http://www.aila.org/li.

Meetings

The LAC periodically convenes other meetings (in addition to the Litigation Institute) for attorneys and advocates on issues relating to our work.

Report: Immigrants make up large part of California work force

Published on Tue, Jan 17, 2012

More than one in four California residents are foreign born, but almost 46 percent of them — 4.6 million people — are naturalized citizens eligible to vote, according to a new report by the Immigration Policy Center.

There were almost 10.2 million immigrants in the state in 2010, U.S. Census data show. That’s 27.2 percent of the population.

Immigrants comprise more than a third of the California labor force, figuring prominently in economics sector such as agriculture, manufacturing and services.

They pay roughly $30 billion in federal taxes, $5.2 billion in state income taxes and $4.6 billion in sales taxes each year, according to state-specific fact sheets compiled by the pro-immigration policy center from a variety of studies in recent years.

Unauthorized immigrants in California paid $2.7 billion in state and local taxes in 2010 and most native-born Californians have experienced wage gains from the presence of immigrants in the state’s labor market, research compiled by center show.

Click here for more numbers on immigrant contributions to the California economy at the Immigration Policy Center website.

Published in the Sacramento Business Journal

Tax Assistance for J-1 Participants

TAX INFORMATION and FAQS

The American Immigration Council cannot legally provide you with tax advice or endorse services from tax accountants. This page provides links to resources located on the IRS website (www.irs.gov). If you have any tax law questions, contact the IRS directly: http://www.irs.gov/uac/Tax-Law-Questions


RESOURCES FOR J VISA HOLDERS

For tax filing purposes, most J-1 visa holders are considered Nonresident Aliens. As Nonresident Aliens, J-1 exchange visitors must pay federal, state and local taxes. 

J-1 visitors must file annual income tax reports with the Internal Revenue Service (IRS), which is the U.S. government agency responsible for collecting federal taxes. The IRS publishes the comprehensive U.S. Tax Guide for Aliens, that answers questions on such topics as what is a nonresident alien, how to determine the amount of tax one pays, and how to get help with your tax questions. The link to this publication is: http://www.irs.ustreas.gov/pub/irs-pdf/p519.pdf.Read more...

The Hispanic Factor

Published on Thu, Apr 05, 2012

President Obama's inability to pass much-needed comprehensive immigration reform could cost him the 2012 election. Though recent news of a rebounding economy, coupled with Republican Party infighting, suggests an alternate narrative, the Hispanic vote is neither uniform nor clearly aligned with the Democratic Party. If Hispanics fail to show up in support of the president in four key swing states — Florida, New Mexico, Nevada, and Colorado — the election could go to the Republican candidate, likely to be former Governor Mitt Romney.

Time magazine kicked off the topic of Hispanic electoral power with its March 5th cover story, "Yo Decido," written by journalist Michael Scherer. The author noted demographic trends that favor Hispanic predominance in certain places in the nation, and last week, it was widely reported in the U.S. media that about one in six Americans are Hispanic. Additionally, one in six workers in the U.S. is Hispanic, and most Hispanics live in the U.S. legally. They are fully integrated into communities. There is a prevailing assumption that, because a majority of Hispanics are Catholic, they should be naturally allied with more conservative candidates — particularly the two Roman Catholics still in the Republican race as of this writing, Rick Santorum and Newt Gingrich.

While the Republicans appear to have learned from some earlier egregious mistakes, like former candidate Herman Cain's jocular comment about electrifying the fence between the U.S. and Mexico, they seem to have a collective tin ear when it comes to Hispanic culture, issues, voting patterns, and history. They don't seem to understand the importance of Hispanics among us, and, surprisingly, they don't seem to really care.Read more...

Published in the Memphis Flyer