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Charleston Immigration Law Blog

Labor officials urge undocumented workers to report abuse

Labor laws are in place to protect workers from employer abuses. For nearly 80 years, the National Labor Relations Board has been charged with making sure employers adhere to labor laws that promote fair wages and working conditions.

Workers can also sue employers who have wronged them under the labor laws, but this is much harder to do as an undocumented immigrant. That's why NLRB officials say the agency often has to work against tension from the country's immigration laws.

Report: Women farmworkers at risk of sexual harassment, abuse

A new report from an international rights group revealed that female farmworkers in South Carolina and the rest of the United States face a heightened risk of being sexually harassed and assaulted because their immigration status makes them hesitant to report the treatment to authorities.

The disturbing report by Human Rights Watch tells the accounts of female farmworkers who were raped, stalked, fondled and verbally assaulted on the job, but did not say anything to police because they were afraid of being fired or deported. Two similar reports have already been released, focusing specifically on the risks facing women and girls who work on farms in California.

ICE to halt more than 16,000 immigrant deportations

Last month, officials with Immigration and Customs Enforcement announced that they have decided to shelve 7.5 percent of deportation cases that are currently in the system. The decision is part of an effort aimed at refocusing deportations on detainees with criminal backgrounds. Roughly 16,500 deportation cases will be suspended under the plan.

So far, about 2,700 of the cases have already been put on hold, while the remaining wait for paperwork and background checks to go through. Latino Fox News reported that it is uncertain how many of the immigrants involved in the cases have been notified of the suspensions, or how many have accepted it.

Study: Fewer immigrants coming to US from Mexico

Even though immigration is currently one of the most pressing political issues in the United States, you may be surprised to learn that the number of immigrants entering the country from Mexico is actually dwindling, according to a recent study.

The study, which was released last month by the Pew Hispanic Center, revealed that the number of undocumented Mexican immigrants living in the United States has decreased for the first time in decades. Several factors are believed to have influenced the decline.

Obama calls for passage of Dream Act at Cinco de Mayo celebration

This weekend, many people throughout the nation celebrated Cinco de Mayo, including the president of the United States. In fact, the president took the opportunity to reach out to the Hispanic population and tell them that he is prepared to sign a bill that would provide a path to citizenship for immigrant students and young people.

The Dream Act, as it is called, would allow immigrants who are in the country illegally to gain citizenship through the perusal of higher education or service in the armed forces. The goal is to avoid deporting the many young people who have spent most of their lives in the United States and consider it to be their home.

Lower deportation risk for minor traffic violations

Revised immigration enforcement guidelines should result in fewer undocumented immigrants facing removal or deportation because of minor traffic violations, according to a recent report. A federal program known as Secure Communities mandates that fingerprints be taken from detained motorists and entered into a computer database even following minor traffic stops.

However, the new policy will be to target only undocumented immigrants whose criminal records are serious, instead of those accused of minor or "technical" offenses. Under the new policy, police will also not be mandated to detain undocumented immigrants for traffic violations when there is no subsequent conviction and they have no prior criminal record.

ACLU comes to South Carolina to speak against immigration law

Last June, South Carolina lawmakers passed a strict new immigration law that makes it extremely difficult for undocumented immigrants to live and work in the state. The law was supposed to go into effect in January, but a judge blocked portions of it after the federal government filed a lawsuit to stop the law.

The portions of the law that were blocked include the section ordering police to check the immigration status of people they pull over if it's suspected the person is in the country illegally, the section that makes it a crime for immigrants to not carry immigration paperwork at all times and the section that makes it illegal for immigrants to transport or house themselves.

Supreme Court to tackle Arizona immigration law this week (2 of 2)

Welcome back. Before the controversial immigration law passed in South Carolina, a blueprint was adopted in Arizona. As we have been discussing, the United States Supreme Court is considering the validity of that law this week.

Ultimately, Arizona's law aims to "discourage and deter the unlawful entry and presence of aliens" by making it so difficult for illegal immigrants to live in the state that they choose to leave.

Supreme Court to tackle Arizona immigration law this week (1 of 2)

This week is an important one for immigration law in the United States. Before tougher immigration laws were passed in South Carolina and several other states, Arizona became the first to implement legislation that served as a blueprint.

Now, over two years later, the United States Supreme Court will weigh the validity of Arizona's controversial immigration law and the decision will undoubtedly affect all the states that have followed in Arizona's footsteps.

IT companies seek to end per-country visa caps

A number of information technology companies, including Microsoft, Google, Intel, Cisco and Oracle, are urging the United States Senate to pass a law that would put an end to the current per-country limits on employment-based immigration. Professionals with highly-valued skills sometimes must spend years or even a decade waiting for a visa simply because they were born in a particular country, such as India or China.

The legislation, known as the Fairness for High-Skilled Immigrants Act, easily passed the House of Representatives by an overwhelming 389-15 vote last fall, but has been stalled in the Senate since then. The law, if enacted, would end all discrimination against applicants for employment-based visas on the basis of national origin. It would grant issuance of such green cards on a first-come, first served basis, while doing nothing to raise the current annual limit of 140,000 visas.

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