New on NILC’s Website (since November 20, 2008)

Newly Published Rule Allows “T” (Victims of Trafficking) and “U” (Victims of Serious Crimes) Nonimmigrants to Adjust to Lawful Permanent Residence

Principles of Immigrant Integration in Health Care Reform

Language Access in Health Care Statement of Principles (2007)

Facts about U.S. Department of Justice Guidance for Employers Following DHS’s No-Match Letter–related Safe-Harbor Rule

SUMMARY: Safe Harbor Procedures for Employers Who Receive a No-Match Letter: Clarification; Final Regulatory Flexibility Analysis

TOOLKIT UPDATED: Temporary Protected Status and Proving Work Authorization

SUMMARY: Federal Acquisition Regulation; FAR Case 2007-013, Employment Eligibility Verification (Rule Requiring Federal Contractors to Use E-Verify)

I-9 FORM REVISION: Documents Acceptable for Employment Eligibility Verification

Annotated Map of ICE Raids of U.S. Worksites

REVISED CHART: Laws, Resolutions, and Policies Instituted Across the U.S. Limiting Enforcement of Immigration Laws by State and Local Authorities

IRCA Amnesty for Noncitizens Meeting Specific Criteria, Including Having Entered the U.S. on a Nonimmigrant Visa Prior to Jan. 1, 1982

Detention and Deportation in the Age of ICE: Immigrants and Human Rights in Massachusetts

Litany of Abuses: More - Not Fewer - Labor Protections Needed in the H-2A Guestworker Program

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Victims of Trafficking

U.S. Citizenship and Immigration Services has published an interim final rule that allows “T” and “U” nonimmigrants to adjust to lawful permanent residence.  “Written comments [on the rule] must be submitted on or before February 10, 2009, in order to be assured of consideration.”  (Link posted 12/15/08.)

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USCIS news release (12/8/08)

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USCIS fact sheet (12/8/08)

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Health Care

Principles compiled by the Coalition for Immigrant Equity in Health Care, whose members include the Asian & Pacific Islander American Health Forum, the California Immigrant Policy Center, the Korean Resource Center, the Mexican American Legal Defense and Educational Fund, the National Korean American Service & Education Consortium, NILC, the National Council of La Raza, the New York Immigration Coalition, and the Southeast Asia Resource Action Center.
   “[These] principles should be hallmarks of any policies, campaigns, or messages promoting health care reform in the U.S. and reflect American values of fairness, opportunity, and community.”  (Posted 11/26/08.)

“[A] diverse group of interested stakeholders developed these principles.  The intent is to provide a broad framework to inform efforts to improve health care delivered to limited English proficient individuals.”  (Posted 11/26/08.)

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Language Access in Health Care Statement of Principles: Explanatory Guide
(First published: 10/06;  reissued: 11/07;  the link is to NHeLP’s website.)

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Social Security Administration “No-Match” Letter Toolkit

The U.S. Department of Justice Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has issued guidance, which was published in the Federal Register on October 28, 2008, to clarify when OSC may find reasonable cause to believe that employers following the Department of Homeland Security’s safe-harbor procedures have engaged in unlawful discrimination in violation of the antidiscrimination provisions of the Immigration and Nationality Act.  CONTINUE READING >
(Posted 12/8/08.)

On October 28, 2008, the U.S. Department of Homeland Security (DHS) published a supplemental final rule on “Safe Harbor Procedures for Employers Who Receive a No-Match Letter.”  The final rule states that if an employer, in dealing with a “no-match” letter sent by the Social Security Administration (SSA), follows the “safe-harbor” procedures set forth in the rule, DHS will not use the no-match letter as evidence that the employer has “constructive knowledge” that it has hired unauthorized workers.  The 2008 final rule is essentially identical to a final rule DHS issued in August 2007 and the subsequent supplemental proposed rule it issued on March 26, 2008.  The supplemental final rule summarized below includes additional justifications for the rule and a “Final Regulatory Flexibility Analysis”; but, ultimately, DHS has reissued its August 2007 final rule “without substantive change.”  CONTINUE READING >
(Posted 12/8/08.)

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Employment Eligibility Verification and
Antidiscrimination Protections

On December 15, U.S. Citizenship and Immigration Services (USCIS) automatically extended the validity of employment authorization documents held by Salvadoran nationals in current temporary protected status (TPS) from March 9, 2009, through September 9, 2009.  Previously (on November 24), USCIS extended the TPS reregistration period for Hondurans and Nicaraguans, and automatically extended reregistrants’ employment authorization documents until July 5, 2009.  CONTINUE READING >
(See also the updated toolkit.)  (Posted 11/24/08.)

On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council published a final rule that amends the Federal Acquisition Regulation (FAR) by requiring certain federal agency contracts and subcontracts to include a provision mandating use of the Basic Pilot/E-Verify program.  Basic Pilot/E-Verify is a voluntary, Internet-based program that allows employers to electronically verify the information a worker presents by accessing information in databases maintained by the Social Security Administration (SSA) and the U.S. Department of Homeland Security (DHS).  According to the final rule, in the initial fiscal year, approximately 168,624 contractors and subcontractors and 3.8 million workers will be affected.  CONTINUE READING >
(Posted 11/24/08.)

U.S. Citizenship and Immigration Services has published an interim final rule, with a request for comments, that revises the list of documents that are acceptable for establishing an employee’s identity and eligibility to be employed in the United States.  The deadline for submitting written comments on the rule is Feb. 2, 2009.
(Posted 12/17/08.)

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USCIS Update (12/12/08)

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USCIS Questions & Answers (12/12/08)

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Workplace Enforcement by Immigration Authorities

This annotated map shows where throughout the United States U.S. Immigration and Customs Enforcement has conducted worksite raids during the period 2006-08.  The map is compiled and updated by Centro Legal, St. Paul, Minnesota.
(Link posted 11/26/08.)

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Local Law Enforcement Issues

This chart, which contains links to many of the laws, resolutions, and written policies it lists, is a work in progress.  Please contact us at chart_updates@nilc.org if you have any updates, changes or additional policies that should be added to this list.
(Posted 12/3/08.)

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Obtaining Lawful Permanent Resident Status

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On Sept. 9, 2008, the U.S. District Court for the Western District of Washington approved a settlement agreement in Northwest Immigrant Rights Project v. USCIS.  Noncitizens who meet the criteria may apply for legalization between Feb. 1, 2009, and Jan. 31, 2010. Application instructions are contained in the settlement agreement.  (Posted 12/15/08.) 

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Settlement Opens Up Amnesty for Tens of Thousands of Immigrants
By TERESA WATANABE, Los Angeles Times, Dec. 15, 2008
    For two decades, Anaheim businessman Erkan Aydin has taken on a task unimaginable for most immigrants like himself: trying to convince the U.S. government that he was here illegally.  CONTINUE READING >  
(Posted 12/15/08.)

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Arrest and Detention

“[T]racks the experience of 40 detained persons through the system of detention set up by [ICE].  The report is the first of its kind to thoroughly document jail conditions and due process issues for immigrants detained in Massachusetts.  A series of personal stories illustrates that in its zeal to deport all deportable persons, ICE tramples on fundamental rights.  In-depth analysis of hundreds of pages of government documents reveals the massive and growing federal presence in our state.”  CONTINUE READING >
(Link posted 12/15/08)

Advocacy Resource

In response to recent changes to the H-2A program, Farmworker Justice has released a report that documents abuses that have occurred due to lack of enforcement and government oversight.  The report argues that the DOL's changes, which are provided for in a final rule published Dec. 18, 2008, will only make a bad program worse.  The cases the report lists are just the tip of the iceberg, because guest workers are often reluctant to complain.  The report highlights the program's negative impact on U.S. workers as well.  In one case, a grower in Arizona replaced nearly his entire U.S. workforce -- about 200 employment-eligible farm workers -- with guest workers.