News Update - September 6, 2011
Stay Granted Against Alabama Law Implementation; New Mexico Being Sued Over Attempt to Take Away 10,000 Licenses From Illegal Residents; Status of Prevailing Wage Determinations Impacted by Court Ruling to DOL to Immediately Reissue 4,000 H-2B Wage Determinations.
- The restrictionist Alabama law set to come into effect on September 1st was stayed on August 29th until at least September 29th or until the court enters its rulings by U.S. District Judge Sharon Lovelace Blackburn following a hearing on August 24th on the plaintiffs' motions for preliminary injunction. The U.S. Department of Justice, leaders from three large Alabama churches, and a host of interest groups and individual plaintiffs had sued to block implementation of the law. HB 56, the Alabama Taxpayer and Citizen Protection Act, criminalizes the act of being illegal in the state of Alabama, voids contracts entered into by undocumented immigrants, forces schools to report the number of undocumented children, strips licenses from businesses hiring undocumented workers, forbids renting to illegal immigrants, transporting them, or providing them shelter. Currently violations of immigration law are regarded as civil offenses. The Alabama law smacks of racism in a state with a long history of violence and discrimination against minorities, especially African-Americans. It does no credit to a state that also clings to and cherishes the antebellum era and the Confederacy.
- The states of Washington and New Mexico are the only ones currently that will issue drivers licenses to the illegal residents of their states. Current New Mexico Governor Susanna Martinez opposes the policy which was supported by her predecessor, Bill Richardson, but legislation to change the policy was defeated last winter. Under her next move, the "Residency Certification Program," the state has been sending out 10,000 notices for New Mexico drivers to present proof of residence in the state or have their licenses cancelled. Of the 10,000 letters, one-third have been returned, and of the 2000 interviewed, half have been able to prove residence. Part of the reason for the lack of response has apparently been the reluctance of illegal immigrants to drive to Albuquerque for the interviews because of checkpoints on the road. Suit was filed by the Mexican American Legal Defense and Education Fund (MALDEF) and the New Mexico law firm Freedman Boyd on August 24th in the First Judicial District in Santa Fe to block the revocation of licenses on grounds that the program is unconstitutional and a usurpation of power from the legislature.
- Prevailing wage determinations by the National Prevailing Wage Center (NPWC) have become a hot-button issue because of an order by the U.S. District Court in the Eastern District of Pennsylvania on June 15, 2011, to the Department of Labor (DOL) to immediately reissue 4000 H-2B wage determinations. The NPWC is charged with issuing prevailing wage determinations (PWDs) for different types of cases, including PERM labor certifications. A PWD is required before the PERM application can be filed and usually takes 60 days to be issued. The filing date of a labor certification determines the priority date of an alien for immigration (in short, his or her place in line). DOL said in its stakeholders meeting on August 18th that it will try to issue redeterminations before the 3d week in September. On August 24th, American Immigration Lawyers Association members reported receiving PWDs for requests made in early June. Previously there was speculation that PWDs could be delayed as much as 3-4 months. While still too soon to tell, it appears that the impact may be less.
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