Immigrants in the Spotlight Again

July 17th, 2009 at 10:40pm Under Immigration Law

 

Jerry EricksonPublished: February 26, 2009

On Feb. 16, almost 200 people marched from Manassas Park to the Judicial Center in Manassas to bring attention to a case of alleged police brutality against a local immigrant and to Hispanic immigrant issues in general. 

The complaint that sparked the rally was made by a 38-year-old Salvadoran immigrant, Agueda Dominguez. She claimed that a Manassas Park police officer beat her during a routine traffic stop on Feb. 2 because she refused to sign a ticket for having a broken headlight. Ms. Dominguez maintained that she is able to speak English, but she could not understand the officer’s request.

In addition to protesting the treatment of Ms. Dominquez, the marchers were protesting local government policies enacted in the past year that they claim are anti-immigrant. One of these regulations is the 287(g) program of the Immigration and Nationality Act, which allows local law enforcement to team up with Immigration and Customs Enforcement (ICE) to enforce federal immigration laws.  The 287 (g) program is aimed at deporting illegal immigrants who have broken other laws. Members of the mostly Hispanic marching group chanted for “Justice!” in a call-and-response format, first in Spanish and then in English. One protest marcher’s sign read: “Nadie es ilegal (No one is illegal).”

Although it may be unrelated directly, on the following day, Feb. 17, the Prince William Board of County Supervisors, via a “Staff Directive,” eliminated a new requirement that unincorporated business owners verify their immigration status in- person at county offices to apply for a Business, Professional and Occupational License. 

Now, instead of having to apply in person, these business owners will be able to check a box on their application certifying their lawful presence in the United States. 

Many critics had decried the county’s recent imposition of this regulation as an unnecessary government requirement intended to make members of the immigrant business community feel unwelcome in Prince William County.

The county’s sudden reversal of its requirement of in-person certification of legal presence for a business license may have been the result of community resistance to a perceived anti-immigrant measure.

Just as likely, the county may have changed their mind because they feared that the in-person application requirement was scaring away some applicants and their tax revenue.

At the heart of the Prince William County and Manassas debate on immigration is the economy. Factions on both sides of the issues claim that immigration in recent years has had a serious effect on the local economy.

Prince William Board of County Supervisors Chairman Corey A. Stewart had predicted that the current weakened state of the economy would prevent the county from addressing the increasingly controversial proof of legal presence requirement. When quoted in the Washington Post recently, Chairman Stewart said, “I don’t think anyone is going to have the stomach to reopen this right in the middle of a tough budget cycle.” Contrary to his assessment, the county acted to eliminate the in-person requirement at issue the following week. 

Like Chairman Stewart, those in favor of tougher anti-illegal immigration measures often argue that by not better controlling our nation’s borders, the U.S. is allowing immigrants to take away the jobs of native-born Americans. They also often view increased immigration as a stress on our national and local benefit systems. 

Those advocates fighting for the rights of immigrants counter that immigration actually feeds economic growth and contributes to tax revenues. On Feb.11, New York Times Op-Ed columnist Thomas Friedman represented the viewpoint of those who contend that increased immigration will equal a healthier economy. He pointed to smart, diverse and energetic immigrants as the source of much American economic success and job creation in the past. He noted that in the last decade immigrants founded half of the Silicon Valley start-up companies. Friedman maintained that protectionist impulses only serve to stifle economic growth by shutting the borders to some of the world’s brightest entrepreneurial minds. He argued that our faltering economy must be stimulated “with green cards not just greenbacks, and with start-ups not just bailouts.” 

There’s no doubt that proponents on both sides of the question will continue to vigorously advocate their views, whether through legislation, editorials or protest marching. And, as the troubles of the economy continue to take center stage for all, it is certain that the issues surrounding immigration will continue to share the spotlight.

The above information is provided for informational purposes only.  The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys.  An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

 

 

 

 

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. www.szelaw.com and the senior attorney in the firm’s Business Immigration Section. He has practiced law for over twenty years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com.

Jerry has been a partner with the firm since 1989. Prior to joining the firm, Jerry was selected for a Judicial Clerkship in 1984 to work for the Judges of the Circuit Court of Prince William County.

The Prince William County Bar Association has previously elected Jerry to serve as one of its members on the Judicial Selection Committee. He has also been selected to lecture on behalf of the Virginia State Bar on issues related to ethics and professionalism.

Jerry received his Bachelor’s Degree from George Mason University in 1981 and his Juris Doctor from George Mason School of Law in 1984. He has been a member of the Virginia State Bar Association since 1984 and is a member of the American Immigration Lawyers Association, the International Business Committee and the Virginia State Bar International Practice Section. He is admitted to practice in the U. S. District Courts and the U.S. Court of Appeals for the Fourth Circuit as well as the U.S. Supreme Court.

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The New Identity Theft Law: Will It Work?

July 12th, 2009 at 02:54am Under Computer Law

Identity theft is now a pandemic, and a scourge for its victims. Is the federal government finally ready to fight back? The Identity Theft and Restitution Act of 2008 was recently signed into law by President Bush. The new law is supposed to make it easier for the government to convict those charged with pursuing computerized identity theft. Supporters tout this legislation as allowing federal prosecutors to be more aggressive in cracking down on identity theft cyber crime. But will it work to protect millions of future victims? The new law provides for the following: 1. Discarding the requirement that damage to a victim’s computer exceed $5,000 over a one year period before charges can be asserted for unauthorized access to a computer. 2. Eliminating the interstate jurisdictional requirement, thus allowing prosecution of those who steal personal information from a computer, even when the victim’s computer is located in the same state as the thief’s computer. 3. Allowing victims of identity theft to seek restitution for an amount equal to the value of the time reasonably spent to fix their problems. 4. Adding the charge of a conspiracy to commit cyber crimes. (The prior law only allowed for charges related to the actual crime, and made no provisions for conspiracy to commit the underlying charge.) 5. Adding the remedies of civil and criminal forfeiture to better allow federal prosecutors to combat cyber crime. Individuals found guilty of violating the act can be forced to forfeit both property used in commission of the cyber crime, as well as property obtained from any proceeds gained from the cyber crime. 6. Making it a felony to electronically damage ten or more computers no matter the value of the damage caused. 7. Making it a crime to threaten to steal or release information from an individual’s computer. (Prior law only permitted the prosecution of those who seek to extort companies or government agencies by explicitly threatening to shut down or damage a computer.) It is intended that the new law will allow federal prosecutors to be much more aggressive in prosecuting identity theft criminals. Elimination of both the $5,000 damage requirement and the interstate jurisdictional requirement should make it easier for prosecutors to bring charges. But will it really help? The federal government has tried to keep up with identity theft for years with few results. If the feds are truly interested in stamping out the pandemic, it is with the enforcement of the laws, and not just new laws, that will turn the tide. Still, there are encouraging signs that a wide ranging effort is being made. The IRS is helping out by allowing in this next year all but the last four digits of taxpayer ID numbers to be blocked out on 1099’s, W-2s, and other informational returns. There is privacy in that move.

Garrett Sutton, Esq. is a corporate attorney and is the author of “Own Your Own Corporation” and other titles in the Rich Dad Advisor series. His firm forms and maintains corporations, LLCs and other entities and may be reached at http://www.corporatedirect.com.

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