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Only a few days ago, I reported on the massive ICE raid on the local bakery, The French Gourmet, and they did it again. U.S. Immigration and Customs Enforcement agents entered UCSD student housing to search an apartment without first notifying the university. What a surprise!

This behavior underscores a trend in the accelerating number of U.S. Immigration and Customs Enforcement (ICE) raids on workplaces, homes and schools nationwide—unnecessarily rough treatment of detainees that makes not only the threat of deportation, but detention itself a source of fear and anxiety.

Last Thursday morning, ICE agents entered the off-campus graduate housing unit of student Jorge Narvaez, 21, a legal U.S. resident. Earlier that morning, agents had carried out a criminal search warrant at the French Gourmet, a Pacific Beach bakery and bistro, and were proceeding on to suspected illegal workers’ homes. “They asked me what’s my legal status,” he said. “I had nothing to hide, so I let them in my home. I went outside and they went through all my stuff.”

ICE posted an interactive map and list of SEVIS approved schools to its website. The list of schools is organized by state.

If you are interested in studying in the US, changes are you will need an F-1 student visa. US immigration law allows for the admission as nonimmigrants those who are coming to the US to participate in a full time course of study. Most students enter in F-1 status, although the J-1 visa (for exchange visitors participating in a program approved by the State Department) and M-1 visa (for vocational students) are also sometimes available.

A prospective student must first identify a school that is qualified to sponsor a student for a visa. Here is the most recent list of SEVIS approved schools by State. Click here

The recent number of raids, arrests, and criminal indictments against employers for worksite violations across the State by the Immigration and Customs Enforcement (“ICE”) branch of the Department of Homeland Security are clear indications that employers are on the frontline of the government’s efforts to stop illegal immigration.

Today Immigration and Customs Enforcement agents executed a criminal search warrant at a popular Pacific Beach bakery and restaurant, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. I actually like the place and often get baked goods for the weekend. Recent raids against employers believed to have unauthorized workers have been based on ongoing criminal investigations by ICE. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. I can only wonder why this little place was targeted and investigated. Read the Story here

So what can I advice the Owners of the French Gourmet?

We previously covered the abuse that many European visitors suffer at the ports of entry to the US.

Each year, thousands of would-be visitors from 27 so-called visa waiver countries are turned away when they present their passports, said a spokeswoman for Customs and Border Protection. In the last seven months, 3,300 people have been rejected and more than 8 million admitted.

Read the shocking story of an Italian visitor, and his 10 day detention at an Immigration Jail for no apparent reason. Click here to Read

Immigration lawyers and impatient immigrants have been waiting too long for something to happen, and the new Bills introduced a few days ago may be a blessing. One Bil, H.R. 5882, to “recapture” employment-based (EB) green cards that Congress authorized in the past but that went unused before the end of past fiscal years due to government processing delays. Analysts estimate that approximately 200,000 unused EB green cards will be brought back into supply for all employment-based workers.

A new Bill to save he Nursing Shortage has been introduced as well. It is HR 5924, The key points of the legislation are:

1. Lifting of retrogression for Schedule A workers – Any immigrant visa quotas or caps are waived for all visa applications filed for Shortage Occupations (Schedule A occupations: Physical Therapists and Registered Nurses), provided that the I-140 is filed prior to September 30, 2011.

We had a busy week at the firm. In addition to the regular case load, we prepared for two immigration presentations. Earlier this week I presented to the Women in Science Association in San Diego, an association of scientists and researchers. We discussed the different ways they can obtain permanent residency based on their unique skills and education. Clearly, if such immigrants would like to stay, the system is very welcoming.

Later this week, I have spoken to a very different group also very much eager to find ways to stay in the US. I have given a workshop to an Hispanic community base organization here in town, helping their members obtain information on becoming Citizens and in many cases becoming legal in the US. The group consisted of hard working undocumented workers and family members, as well as long term Permanent Residents seeking to become Citizens.

We discussed various legal options, but I heard a lot of complaints about the governments treatment of the illegal population. Systematic raids of residential places by ICE, inhuman treatment of detained illegal immigrants, discrimination at work and more.

According to today’s USCIS press release, it currently takes almost 9 months to process a naturalization case filed in San Diego County during Summer of 2007. Cases filed in Washington DC seem to have the most delays with close to 15 months.

Why the delay? Last July, USCIS received 460,000 applications for naturalization. That was three times the record for any previous month. For the year, USCIS received 1.4 million naturalization applications, almost double the normal annual volume.

USCIS is hiring and training hundreds of additional immigration officers to adjudicate these cases. The agency is also conducting naturalization interviews on weekends, after normal business hours and in additional locations.

A few days ago we reported on the new OPT rule offering some much needed H1B relief. Only 3 days after it was submitted by the U.S. Department of Homeland Security on March 31, 2008, the Office of Management and Budget finished reviewing the interim final rule on Optional Practical Training (OPT). This brings much-needed relief to students with degrees in science, technology, engineering, and math, extending the total OPT time from 12 to 29 months. In addition, any student who is beneficiary of a pending H1B petition at the time the OPT authorization is scheduled to expire will be able to extend status until the beginning of the fiscal year.

Read the Q and A on the rule here Download file

U.S. Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) recently announced a joint plan to eliminate the backlog of name checks pending with the FBI.

USCIS and the FBI established a series of milestones prioritizing work based on the age of the pending name check. The FBI has already eliminated all name check cases pending more than four years.

“This plan of action is the product of a strong partnership between USCIS and the FBI to eliminate the backlogs and to strengthen national security,” said USCIS Director Emilio Gonzalez.

As we are anxiously waiting for the H1B lottery to start tomorrow, the government providing some relief for those that are waiting to get their visas and for future students graduates about to apply for work permits. The U.S. Department of Homeland Security (“DHS”) released today an Interim Final Rule extending the period of Optional Practical Training (“OPT”) from 12 to 29 months for qualified F-1 nonimmigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

“This rule will enable businesses to attract and retain highly skilled foreign workers, giving U.S. companies a competitive advantage in the world economy,” said DHS Secretary Michael Chertoff. “By extending the training period by an additional 17 months to students who are employed by businesses enrolled in E-Verify, we are further ensuring a legal workforce in the U.S. and aiding good corporate citizens.”

Another aspect of the rule responds to the situation in which an F-1 student’s status and work authorization expires before he or she can begin employment under the H-1B visa program. The Rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. The Rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.