In 2011, there were 1,607 immigration-related bills and resolutions introduced in state legislatures, compared to about 1,400 in 2010. All 50 states and Puerto Rico introduced immigration legislation, as compared to 46 states in 2010.

Although there was a marked increase in bills introduced, this doesn’t mean that states actually enacted more immigration legislation than in 2010. In fact, 11 percent fewer bills were enacted in 2011, compared to 2010. In 2011, a total of 306 new laws and resolutions were enacted as of December 7. Fifteen bills were passed but later vetoed by state governors.

State Omnibus Immigration Bills

Although signed into law in 2010, the most talked about immigration legislation in 2011 may have been Arizona’s SB 1070. Five other states — Alabama, Georgia, Indiana, South Carolina and Utah — followed Arizona’s lead, enacting similar bills that expanded law enforcement’s power to inquire about the immigration status of highway drivers, created violations for failure to carry an alien registration document, and required employers to use E-Verify when making new hires.

These bills also created new violations for US citizens who harbor or transport illegal immigrants. All five of these new state laws have been challenged on grounds of civil rights violations and federal preemption — that federal immigration laws prohibit states from legislating about immigration.

Identification and Employment Laws

Other top issues in state immigration laws related to identification documents for immigrants and the employment of illegal immigrants.

Six states passed laws requiring sex offender registries to also list proof of citizenship or lawful immigrant status. Eleven states enacted legislation requiring employers to use E-Verify, and now seventeen states have a requirement to use E-Verify. On the federal level, bills have been introduced in Congress to make E-Verify a permanent and mandatory verification system for all federal, state and local government employers, but none had been enacted.

Expanding Access to Education

While some states cracked down on illegal immigration, others expanded benefits for illegal immigrants within their territories.

For example, Connecticut and Maryland passed laws permitting illegal immigrants to obtain in-state tuition. California went a step further, offering financial aid to illegal immigrants.

In total, 13 states now permit students to become eligible for in-state tuition if they graduate from state high schools, have two to three years of residence in the state, and apply to a state college or university. On the federal level, immigrant children are eligible for free primary and secondary education but are not guaranteed financial aid for college tuition.

Immigration: An Important Issue for States

According to Sen. John Watkins of the Virginia Senate, co-chair of the NCSL Task Force on Immigration and the States, the increase in state bills shows that in absence of federal immigration reform, state legislatures are developing local responses.

Said Rep. Sharon Tomiko Santos of the Washington Legislature, also co-chair of the task force: “States are at the forefront of managing immigration policy,” and are asking for federal government to support effective enforcement of immigration laws in place.

Burma has been entrenched in political turmoil for the past 50 years. A repressive military dictatorship has caused the displacement of more than 3.5 million Burmese to the Thai-Burma border. Today, hundreds of thousands of Burmese refugees live in refugee camps in Thailand and Malaysia.

Why the Burmese Come to the US

The US is one of some 11 countries, including Australia, Canada, New Zealand and Finland, to accept Burmese refugees. The US has historically accepted more refugees for resettlement than all other countries combined. In FY 2010, the US admitted more than 10,000 Burmese Karen and Karenni refugees living in camps along the Thai-Burma border and 6,000 Burmese Chin in Malaysia. The State Department proposed admitting up to 18,500 more Burmese refugees in 2011.

Where Burmese Refugees Are Settling

Fort Wayne, Indiana, is home to about 3,500 Burmese refugees, the largest community in the US. The refugee population includes people who have fled Burma over the past 20 years, such as Buddhist monks, Christians and Muslims. Many of Fort Wayne’s Burmese refugees were imprisoned and tortured in Burma in the wake of a pro-democracy uprising in 1988.

Non-profit resettlement organizations began bringing Burmese refugees to Fort Wayne for a number of reasons, including the city’s number of jobs not requiring English proficiency and the low cost of housing. Once refugees started resettling there, the area became a bustling Burmese community that even offered Burmese products.

In addition to Fort Wayne, Burmese refugees have resettled in large numbers in Utica, New York; Elizabeth, New Jersey; Phoenix, Arizona; and Fort Worth, Texas.

How Resettlement Works

Burmese refugees are interviewed by US government officers in Southeast Asia. If they are approved for resettlement, they are screened for medical issues and a criminal history and are provided basic cultural training before traveling to the US.

Eleven resettlement agencies with offices scattered throughout the US are responsible for resettling refugees once they arrive at a port of entry. These agencies operate under contracts with the US government to provide refugees rent, English language classes, job placement and training, and medical assistance. The goal is to make the refugees self-sufficient by the end of four months.

Language Services for Burmese Refugees

Many of the Burmese refugees are ethnic minorities, including the Karen, Karenni, and Chin. The Karen are one of the largest ethnic populations from Burma. Karenni, or Red Karen, people originated from a formerly independent region in southern Burma. Both the Karen and Karenni speak dialects of the Karen languages. The Chin people originate from the western Burma and also live in nearby Indian states. They speak Hakha, a language shared by other small groups in nearby India and Bangladesh.

A city or community should determine whether its refugees from Burma speak Burmese, Karen or another language or dialect, and then consider what translation or interpreting services are needed to communicate with the population. This may include translations of public notices and government forms, and/or interpreters for on-site or telephonic proceedings.

Of course, your community may have its own unique needs, and a professional language services company can help you meet them. In fact, a company like Legal Language Services can even help you determine how best to reach out to the Burmese refugees in your area if you are unsure of the languages or dialects specific to your community.

But US citizenship can be revoked. Here’s what you should know.

Acts That Can Lead You to Lose US Citizenship

US citizens can lose their citizenship if they perform certain specified acts voluntarily and with the intention to relinquish US citizenship. These acts include:

• Obtaining naturalization in a foreign state

• Taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions

• Entering or serving in the armed forces of a foreign state engaged in hostilities against the US or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state

• Accepting employment with a foreign government if (a) one has the nationality of that foreign state; (b) an oath or declaration of allegiance is required in accepting the position

• Formally renouncing US citizenship before a US diplomatic or consular officer outside the US

• Formally renouncing US citizenship in the US, under strict, narrow conditions

• Conviction for an act of treason

The important thing to remember is that all of these acts must be done voluntarily and with the intent to lose US citizenship. If the act itself is not voluntary, one will not automatically lose citizenship. For example, if a person is forced to serve in the armed forces of another country, this will not lead to the automatic loss of citizenship.

Intent to Relinquish Citizenship

The US State Department also automatically assumes that an individual does not intend to give up citizenship when performing one of the acts. If asked, the individual can always testify that he did not intend to lose his citizenship.

For example, an individual may take a routine oath of allegiance to a foreign state without automatically revoking his citizenship as long as he did not have the intention to relinquish it. This is how the US effectively allows citizens to acquire new citizenships while maintaining US citizenship — and become a dual citizen.

In certain circumstances, however, an individual will not get the benefit of this assumption. This includes people engaged in active hostilities against the US.

Certificate of Loss of Nationality

If a US citizen satisfies the criteria for loss of citizenship, he or she will be issued a Certificate of Loss of Nationality, signifying renunciation of all citizenship rights.

The report, titled “Immigrants in 2010 Metropolitan America: A Decade of Change,” examines US Census data to elucidate metropolitan settlement patterns in the 2000s, reacting to the changing economic landscape of America.

The Brookings Institution is a non-profit Washington, DC-based public policy organization that describes itself as independent and non-partisan, although some media sources claim it is liberal-leaning. The Brookings Board of Trustees is comprised of prominent politicians on both sides of the political spectrum.

Immigration to America, by the Numbers

According to the report, the first decade of the 21^st century saw a 28 percent increase in immigrants from the previous decade. That is, 8.8 million more immigrants were in the US from 2000 to 2010, for a total of about 40 million in 2010.

This increase is smaller than during previous periods. From 1990 to 2000, for example, the number of immigrants in America increased by 11.3 million, a 57 percent increase. Most of the growth in the 21^st century occurred prior to 2006, likely due to the economic environment, but 2010 suggested there would be a rebound.

Today’s approximately 40 million foreign-born individuals in the US represent nearly 13 percent of the total population.

Where Immigrants Have Settled in America

America also saw a shift in the cities that immigrants settled in. The five metropolitan areas with the largest immigrant populations (New York, Los Angeles, Miami, Chicago and Houston) hosted only 38 percent of immigrants in 2010, a drop from 43 percent in 2000. Cities throughout the southeastern US, however, saw dramatic increases in foreign-born individuals.

The three metropolitan areas in America with the biggest growth in their immigrant populations were:

• Scranton-Wilkes-Barre, Pa. with an increase of 140 percent
• Cape Coral-Fort Myers, Fla., with an increase of 137 percent
• Little Rock-North Little Rock-Conway, Ark., with an increase of 124 percent

A majority (51 percent) of immigrants lived in suburbs outside of the 100 largest metropolitan areas in 2010. This proportion is up from 48 percent in 2000. Some metro areas saw more dramatic increases in immigrants living in the suburbs, mostly because these cities generally have high rates of suburbanization. For example, in the Atlanta area, 95 percent of immigrants reside in the suburbs. But so too do 92 percent of all Atlanta area residents.

Who the Immigrants Are

In 2010, immigrants in America were more likely to have been in this country for a decade or more (65 percent) than immigrants living here in 2000 (58 percent).

Origins of birth did not shift dramatically over the decade. Mexico remained the predominant birthplace of immigrants in American at 29 percent of the total immigrant population. Immigrants from Africa were the fastest-growing group, increasing in number by 83 percent, according to the report. The percentage of European immigrants dropped the most, from 16 percent in 2000 to 12 percent in 2010. Surprisingly, poverty rates among immigrants did not change much from 2000 to 2010, rising from 17.9 percent to 18.8 percent. Poverty increased at a higher rate among American-born individuals.

Overall, the first decade of the 21^st century witnessed regular growth of immigrant populations in America but slowed slightly due to economic woes.

Both designations are now set to expire May 2, 2013.

South Sudan, which came into existence on July 9, 2011, was included in this new determination due to the ongoing armed conflict in the region that originally qualified Sudan for the designation last year. Anyone who holds a valid TPS Sudan Employment Authorization Document (EAD) is covered by the automatic extension, even if he or she may be from South Sudan. The Department of Homeland Security expects approximately 340 Sudanese and South Sudanese will be eligible for re-registration or the new designation.

What is TPS?

The Secretary of Homeland Security has the power to designate a foreign country for TPS if local conditions temporarily prevent the country’s nationals from returning safely, or if the country is unable to handle the return of its nationals adequately. Therefore, TPS is only granted to nationals of certain countries in conflict who are already in the United States. Sometimes, individuals who last lived in a TPS country may also qualify.

Conditions such as an armed conflict, a civil war or an environmental disaster may serve as the basis for a TPS designation.

Who is eligible?

You must meet the following requirements to be eligible for TPS:

• Be a national of a country designated for TPS.
• File during the open or re-registration period.
• Have been continuously physically present in the US since the effective date of your country’s designation.
• Have been a continuous resident in the US since the designation date of your country.

There are certain bars to TPS. For example, if you committed and/or were convicted of any felony or multiple misdemeanors in the US, you may not be eligible for TPS.

Only Sudanese and South Sudanese nationals who have resided in the US since October 7, 2004, will qualify for TPS status.

How to Apply

There are two forms required to register or re-register for TPS:

• Form I-821, Application for Temporary Protected Status
• Form I-765, Application for Employment Authorization

In addition to the forms, you must also submit evidence to demonstrate that you are from a country designated for TPS. You may need to submit a copy of your passport, naturalization documentation, identification card or birth certificate. If you can’t find any of those forms, you must submit copies of school and medical records and affidavits from friends or family who can attest to you or your parents’ nationality.

If your documents are not in English, you must also submit an English translation for each document. Filing fees for both forms range from $50 to $515. In addition, if you are above the age of 14 you must also submit a biometrics fee of $85 to cover the costs of your photograph, fingerprints and background check.

Once you submit your application, USCIS will contact you to set up an appointment to collect your biometrics. If you are seeking an employment authorization document, it may take time for USCIS to determine whether you are eligible to work before approving your TPS. Once your entire TPS application is adjudicated, USCIS will send you either an approval or rejection notice. Be sure to re-register during each re-registration period to maintain TPS benefits!

Update: The Department of Homeland Security has also announced that TPS designations for Honduras and Nicaragua will be extended for 18 months, through July 5, 2013.

The initiative consists of a series of informational meetings with industry leaders, especially from Silicon Valley, to inform USCIS about designing and implementing effective solutions to what many industry experts have criticized as a serious shortcoming of US immigration policies. USCIS will invite industry leaders to comment on strategies for improving the immigration program for foreign entrepreneurs and skilled workers. It will also enable USCIS to collaborate with industry leaders.

USCIS Director Alejandro Mayorkas said the initiative will create opportunities for USCIS to learn of areas critical to economic growth. “The introduction of expert views from the private and public sector will help us to ensure that our policies and processes fully realize the immigration law’s potential to create and promote American jobs,” Mayorkas said in a press release.

The Impact of Immigrant Entrepreneurs

The initiative follows USCIS’s August announcement that it will work to promote entrepreneurship and job creation. According to Mayorkas, innovative entrepreneurs and skilled workers “fuel our nation’s economy by creating jobs, and promoting new technologies and ideas,” as he put it on the USCIS blog.

Statistics seem to back up this assertion. According to a study published by the Kauffman Foundation, 25.3 percent of engineering and technology startups opened between 1995 and 2005 had a foreign-born founder. Companies founded by immigrants throughout the US produced $52 billion in sales and employed 450,000 workers in 2005.

Delays and Wait Times for Immigrants

Yet, many immigrants are unable to obtain immigrant visas to the US due to bureaucratic delays and numerical ceilings.

Entrepreneurs who wish to start a business in the US are often finishing up university programs and are forced to leave after their studies are completed. This has become a growing problem for major tech companies that wish to recruit skilled employees such as doctors, scientists, professors and engineers. Because there is an annual numerical ceiling for employment-based visas, wait times can get very long. A recent study by the National Foundation for American Policy found that Indian nationals could wait 70 years for an employment-based green card.

Other US Immigration Changes

It remains to be seen how the initiative will play out, since any major change in US immigration law must come from Congress. But USCIS has a little leeway to tweak existing immigration policy which could make a difference, such as by speeding up processing times for skilled workers.

In August, USCIS announced it would also enhance the EB-5 immigrant investor visa program. The program, capped at 10,000 annually is open to immigrant investors who promise to invest a certain amount in the US and to hire US employees. USCIS proposed to improve the program by opening communications up between applicants and the USCIS to speed up processing times.

Since August, USCIS has completed a review of the EB-5 application process after consulting with business analysts. USCIS has also launched new specialized training modules for US Citizenship and Immigration Services officers to learn about EB-2 visa classification and L-1B nonimmigrant intra-company transferees.

A foreigner who has the intent to remain permanently in the US is classified as an immigrant. A foreigner who has only the intent to visit or work in the United States temporarily is classified as a nonimmigrant.

Foreigners who hold a dual intent visa, however, are allowed to “temporarily” be present in the US while at the same time seeking eventual permanent resident status, also known as green card status.

Presumption of Immigrant Intent

Under US immigration law, every alien is presumed to have immigrant intent unless he or she establishes to the satisfaction of an immigration officer at the time of application that he or she is entitled to nonimmigrant status.

Usually this means the applicant must show that he or she has a permanent residence abroad that he or she has no intention of abandoning. If the immigrant fails this test, he or she may not be permitted to enter the US, or may have the visa terminated.

Dual Intent: The Exception to the Presumption

The dual intent doctrine is an exception to this rule.

Certain types of foreign visitors are allowed dual intent. In other words, some nonimmigrants are allowed to enter and remain in the US temporarily even if they have expressed a long-term intent to remain permanently. This also means they are allowed to pursue immigrant visas or a green card while in temporary status.

Applicable visa categories include the H-1B, L, K, V, E, O, and P.

Immigration laws specifically allow for dual intent for H-1B and L visa holders. H-1B visas are for specialty workers and their spouses and children. L visas are for corporate transferees and their spouses and children.

In addition, dual intent is available for holders of K visas (fiancé(e)s or foreign spouses, along with their minor children, of US citizens) and V visas (spouses and minor children of lawful permanent residents).

US Citizenship & Immigration Services also effectively recognizes dual intent for holders of E visas (for treaty traders or investors and their spouses and children), O visas (for workers with extraordinary ability and their spouses and children) and P visas (for athletes, artists, or entertainers and their dependents).

Many common foreign visitors, however, are not allowed dual intent. These include foreigners on B-1 and B-2 visas, as well as those in the United States on student visas (including the F-1, J-1 and M-1).

Are You on a Temporary Visa?

If you are on a visa that does not recognize dual intent and you want to stay in the US permanently, you may want to consult with an immigration attorney about your options. Applying for permanent stay while on a temporary visa can jeopardize your lawful status in the US. If a border guard or consular official determines that you are trying to enter the US with a nonimmigrant visa but intend to stay permanently, your visa application may be refused, you may be refused entry to the US or you may be deported. The official may even decide that it’s a case of visa fraud.

The bottom line: Don’t try to fool the system. If you have dual intent, make sure you have a dual intent visa!

The NFAP is a non-profit, non-partisan organization that does public policy research on immigration and other issues.

Employment-Based Immigrants

The NFAP report examines data from the US Department of State and US Citizen and Immigration Services about wait times for green cards for highly educated immigrants in science- and math-related fields.

Immigrants in these fields often apply for the third preference category for employment-based green cards, or EB-3. This category is reserved for skilled workers and professionals. Skilled workers are considered those with jobs that require a minimum of two years of training and work experience. Professionals are those whose jobs require a US bachelor’s degree or a foreign equivalent. This category requires labor certification and a full-time job offer from an employer who submits the application.

Report Findings

The report found that applicants in the EB-3 category suffer severe delays in visa processing, especially if they are from China and India.

Under immigration law, there is an annual quota of 140,000 employment-based visas. There is also a per country limit, which restricts the number of green cards available to any one skilled country to 7 percent of the total number of visas available for a category.

Because the demand is higher than the supply of visas for a given year, a visa waiting list forms. The Department of State disburses visas by assigning each applicant a priority date according to the date of his or her application. The priority date is used to determine the applicant’s place in the visa waiting line. Applicants from countries with many other applicants, such as China and India, are considered oversubscribed and usually wait much longer than applicants from other countries.

According to the report, the per capita allotment of Indian employment-based green cards in the EB-3 category is 3,000 annually, creating a backlog of 210,000 Indian professionals. This backlog means that Indians who apply in the EB-3 category could wait 70 years for a green card. Similarly, a Chinese immigrant in the EB-3 category could wait 20 years for a green card. Immigrants from other countries with fewer applicants would wait significantly less time — 5 years or more.

Suggested Changes

The NFAP suggests that the key to reducing wait times is to eliminate the per country limit for employment-based immigrants. This would reduce the typical wait time for Indians in the EB-3 category from 70 years to 12 years.

The report also suggests that an exemption be made for international students who graduate from a US university with an advanced degree in science, technology, engineering or math. This would further reduce the backlog and enable employers who recruit at US universities to dip into the pool of international talent without the significant wait times.

Now it’s your turn. How do you think wait times can be reduced for employment-based green cards?

Napolitano’s prepared remarks for a speech she recently gave at American University highlighted the accomplishments of the Obama administration — including the deportation of a record 400,000 illegal immigrants in 2010.

Securing the Border

Napolitano began by discrediting Congressional attempts to block immigration reform on the faulty basis that they are waiting for the US-Mexican border to be secured. According to Napolitano, “the border security measures we have taken constitute the most innovative and effective approach our country has every deployed.”

Supporting her assertion with the fact that the US has seen a historic drop in illegal crossings, Napolitano suggested that it was dishonest and unjust to charge that law enforcement has somehow failed in their mission to secure the border.

Secure Communities and Officer Discretion

Immigration and Customs Enforcement (ICE) has adopted new policies to apply discretion in determining which individuals are prioritized for deportation. Although the overall number of immigrants removed has reached historically high numbers, Napolitano argues that DHS has fundamentally changed the composition of deported immigrants.

Today the class of deported immigrants consists of “more convicted criminals, recent border crossers, egregious immigration law violators, and immigration fugitives than ever before,” Napolitano said. Immigrants who pose public safety or national security threats are prioritized for removal first.

To accomplish this, DHS abandoned its policy of workplace raids and adopted the Secure Communities program to “track down criminals and gang members on our streets and in our jails.” Napolitano admitted that the Secure Communities program “got off to a bad start” mostly due to misinformation about how the program works. But she claimed that the program is “the single best tool at focusing our immigration enforcement resources on criminals and egregious immigration law violators.” She also reiterated her commitment to using discretion to deport the highest priority immigrants.

Criticisms

Critics on the left argue that record deportations are evidence that the Obama administration is not prioritizing the right illegal immigrants. Of the 400,000 immigrants deported in 2010, fewer than half (195,000) were convicted criminals. However, the number of convicted criminals deported in 2010 is substantially more than ever recorded. Obama has responded that deportations are artificially high because they include immigrants caught at the border, according to The Washington Times. This assertion seems out of line with the number of border apprehensions, which are down considerably from years past.

Critics from the right argue that Obama is not using enough tools in his arsenal to combat illegal immigration. House Judiciary Committee Chairman Lamar Smith (R-TX) criticized Obama’s policy of curtailing raids on worksites. Napolitano claimed that ICE’s former policy on worksite raids “made no sense” because they did not punish the employer and did not target individuals who posed a public safety threat.

Immigration Enforcement a Critical Issue

Emotions on immigration reform are running especially high as a federal court recently upheld Alabama’s new immigration law, the toughest of the state immigration laws passed thus far. Alabama is one of several states that has adopted its own immigration enforcement laws to fill the holes in federal enforcement.

How to Tell if the Email Is Fraudulent

Scams revolving around the green card lottery — also known as the Diversity Visa Program — are surprisingly common (especially if the number of comments on a blog post about green card scams posted on the U.S. Citizenship & Immigration Services blog earlier this year is any indication!). The fraudsters usually use email addresses designed to impersonate the US State Department. Although there are many, the following email address endings are known to be fraudulent:

• @greencard-org.com
• @usafix-org.com
• @usa-dv-gov.org
• @diplomats.com
• @usa.com
• @usa-lottery-gov.org
• @visa-gov-us.org
• @post.com
• @dv-state.com

An easy way to tell an email is fraudulent is if it does not end in .gov.

One widely reported scam asks recipients to wire money via Western Union to an individual in London, UK, at either 30 Leicester Square or 24 Grosvenor Square. The amount of money requested varies.

Fraudulent “Government” Websites

Several fraudulent websites have been discovered to be posing as official US government sites.

Designed to appear official, the websites often include images of the US flag, US Capitol, White House or Statue of Liberty. Remember- if the website does not have a .gov suffix, it should be considered suspect!

You will also know they are fraudulent if they request money to complete green card lottery entry forms. There is no charge to download or complete the green card lottery entry form.

Reporting Green Card Lottery Fraud

You should never transfer money to anyone who emails you claiming you have won the green card lottery. The Department of State does not notify successful green card lottery candidates by letter or email.

If you receive an email that looks like a scam, do not respond. If the email asks you to forward money through Western Union, forward the email to spoof@westernunion.com or report it by calling 1-800-448-1492. You can also report fraudulent emails to the Internet Crime Complaint Center and the Federal Trade Commission, or by calling 1-877-382-4357.

2012 Green Card Lottery Program Mishap

But even if you carefully avoid green card lottery scam emails, that’s no guarantee that you won’t run into other complications. Earlier this year, for example, a group of immigrants filed a class-action lawsuit against the US State Department when it mistakenly notified more than 20,000 foreigners that they won green cards but subsequently voided them as invalid.

In response, the State Department set up a new 2012 green card lottery drawing held over the summer. Entrants in the 2012 lottery may now check the status of their entries through the Entry Status Check at www.dvlottery.state.gov. Entry Status Check will also provide successful green card lottery selectees instructions on how to proceed with their application.

The online registration period for the 2013 green card lottery began Oct. 4 and runs through Nov. 5, 2011.