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Senate Introduces the Comprehensive Enforcement and Immigration
Reform Act of 2005
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Recently, members of the United States Senate introduced the Comprehensive Enforcement and Immigration
Reform Act of 2005. This bill has the ultimate aim of curbing the flood of illegal immigration through America's
southern borders, namely in Texas and California. The bill is authored by Republican Senator John Cornyn and
is co-sponsored by Republican Jon Kyl of Arizona. According to Jon Kyl, the bill's strength lies in the fact that "it
does not reward those who have broken the law, and does not constitute amnesty." In fact, the proposed
legislation raises penalties for many existing offenses such as drug trafficking and alien smuggling.
Some elements of the bill include installation of high-tech cameras and sensors, general improvements to
existing infrastructures, and additional funding for increased numbers of border patrol agents and customs officers.
One of the bill's strengths is that it establishes a new visa category for aliens. This temporary worker program
will allow aliens to enter the United States to work for a period of up to two years, when there are no available
citizens to do the work. This bill seems to take into account both the interests of the United States and of arriving aliens.
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USCIS Gives 90-Day Extension of Work Permits for Hondurans and Nicaraguans
with Temporary Protected Status
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On July 1st, 2005, the USCIS granted a ninety day auto-extension of work permits to all Hondurans and
Nicaraguans with Temporary Protected Status (TPS). The auto-extension means that all people in this category
have an extension without having to contact the USCIS. As of the end of 2004, the TPS extended eighteen
(18) months, to last through July 5th, 2006. This 90-day extension resulted from Hurricaine Mitch and its
effects on Central America that rendered the country difficult to return to.
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The House of Representatives Introduces
the REAL GUEST Act of 2005
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On July 18th, 2005, the REAL GUEST Act of 2005 was introduced in the House of Representatives (rewarding
employees that abide by the law and guaranteeing uniform enforcement to stop terrorism).
The REAL GUEST Act has the aim of establishing a temporary guest worker program that acts independent
of caps and restraints on the amount of temporary guest workers that are granted. Additionally, the REAL GUEST
program acts to pre-screen foreign workers so that when they are needed they will be able to start working
sooner and can satisfy the short-term labor workforce.
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Second Circuit to Institute a Non-Argument Calendar for all INS Cases Involving
a Denial of Asylum Claim
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Beginning October 2005 the Second Circuit Court of Appeals will no longer be accepting oral arguments for all
INS cases involving denial of asylum claims. This is because asylum cases account for the majority of all
immigration appeals that have reached the Second Circuit. These appeals have created a backlog that resulted
in 5000 cases waiting to be heard. Instead of oral arguments, the non-argument calendar (NAC) will take its place.
The NAC is a three judge panel that decides the NAC cases on submission. If any of the judges feels as though
the case would benefit from oral argument, it will be transferred to the regular argument calendar. Ultimately,
the NAC has the goal of expediting current INS denial of asylum claims.
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