Dallas-Fort Worth Immigration Lawyer

Individuals seeking access to their immigration records may do so by filling out a Freedom of Information Act (FOIA) request. The requests are handled under the provisions of FOIA 5 U.S.C § 552 and usually take around a year so before the documents are copied and sent back to the individual. To obtain information on their FOIA request, individuals have had to call the U.S. Citizenship and Immigration Services (USCIS) FOIA Requester Service Center. 



Recently, USCIS launched an online FOIA Request Status Check service allowing individuals to receive a response online by entering their assigned control number. You can access the FOIA Request Status Check via the Internet at USCIS.gov.

Posted by Bob Kraft at 06:01 AM | Permalink

The Associated Press is reporting this afternoon that U.S. District Judge Sam A. Lindsay has declared the Farmer's Branch rental ban (aimed at illegal immigrants) is unconstitutional. Here are excerpts:

In his decision Wednesday, the judge concluded Farmers Branch didn't defer to the federal government in immigration matters. Instead, the city tried to create its own classification to determine which noncitizens could rent in Farmers Branch.

Council members passed the ordinance last year. It would have barred apartment rentals to illegal immigrants and required landlords to verify legal status. The rule made a few exemptions for minors, seniors and some mixed-immigration status families.

Residents endorsed the law 2 to 1 in May during the nation's first public vote on a local government measure meant to combat illegal immigration.

Posted by Bob Kraft at 05:11 PM | Permalink

The Des Moines Register is reporting today that U.S. Immigrations and Customs Enforcement (ICE) has made the largest raid in Iowa history at a meat packing plant in Postville, Iowa. Here are excerpts:

Postville, Ia. - At least 300 people were arrested today at the Agriprocessors, Inc. meat packing plant, federal officials said.

The operation, which targeted people who illegally used other persons Social Security numbers and were in the U.S. illegally, was the largest of its kind in Iowa, said Claude Arnold, a special agent with U.S. Immigration and Customs Enforcement.

Agents with ICE have received information about immigration violations at the plant over the past two years, according to a federal search warrant made public today. Authorities said they will release more details at another press conference tomorrow morning in Cedar Rapids.

Postville, on the border of Allamakee and Clayton counties, is a community of more than 2,500 people that includes natives of German and Norwegian heritage and newcomers who include Hasidic Jews from New York, plus immigrants from Mexico, Russian, Ukraine and many other countries.

The Agriprocessors plant, known as the nation's largest kosher slaughterhouse, is northeast Iowa's largest employer.

Posted by Bob Kraft at 04:26 PM | Permalink

International adoptions are back in the headlines again, and it is not because a celebrity has adopted another international child. On April 1, 2008, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention) became effective with respect to the United States. The Hague Convention is an international agreement between Convention member countries. Currently, there are 75 countries that have joined the Hague Convention.

U.S. parents seeking to adopt overseas will see new adoption procedures. Some of the pertinent changes are:

New forms must be used. Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative are required as of April 1, 2008. All Hague Convention intercountry applications will be processed at the U.S. Citizenship & Immigration Services National Benefits Center.

U.S families will now be working with accredited, temporarily accredited, or approved adoption providers that provide adoption services;

U.S. families will be able to initiate a public complaint related to the intercountry adoptions.

New documents will be issued by consular officers overseas, The Hague Adoption Certificate or the Hague Custody Certificate. These documents will essentially state the requirements of the Convention have been met for an adoption or custody declaration completed overseas.

It is important to note that the new regulations apply only to adoptions that transpire between two countries that have approved and implemented the Hague Convention.

For more information, please call us at 214-999-9999.

Posted by Bob Kraft at 09:57 PM | Permalink

The Dallas suburb of Farmers Branch, entangled in litigation about the city's attempts to regulate illegal immigration at the municipal level, may have made an inadvertent error by asking for the legal status of tenants while enjoined from doing so by a federal court order.

Here are excerpts from a story today in the Dallas Morning News:

Farmers Branch acknowledged Monday that the city asked 11 apartment complexes to check whether prospective tenants were in the country legally, even though a federal judge has blocked enforcement of the city's ban on rentals to illegal immigrants.

City Manager Gary Greer called the situation, involving an annual application for a rental license, inadvertent and an "unfortunate error."

Management of seven of the 11 complexes signed the form, though two crossed out the improper language, Mr. Greer said.

It wasn't known whether anyone had been turned away from an apartment, though Mr. Greer said: "To my knowledge, there is not anyone that is carrying this out. We will be checking into that, to be sure they understand that they don't have to. ...

"I'm doing everything I can do right now to make sure it never happens again."

The city's voters overwhelmingly approved a measure last May to require apartments to obtain proof of legal status before renting to anyone.

But lawsuits challenged the constitutionality of the measure, and U.S. District Judge Sam Lindsay issued a preliminary injunction barring enforcement until the legal issues can be resolved. The case hasn't yet reached trial.

Apartment complexes' licenses to rent units expire at the end of each calendar year, and they must submit a new application. The city sent a proper license application to every complex in November. It asked applicants to acknowledge that they had received a copy of the apartment ordinances and would abide by them.

But early this month, when resending applications to complexes that still hadn't renewed their licenses, the city inadvertently used the wrong form, Mr. Greer said. That version specifically mentioned a provision that requires landlords to verify that prospective renters are in the country legally.

Mr. Greer said the application form had been drafted in fall 2006, after the council first approved an ordinance banning apartment rentals to illegal immigrants. At the time, there were no lawsuits and no injunctions in place.

Posted by Bob Kraft at 08:31 AM | Permalink

The New York Times has reported that many members of the U.S. military are seeing their citizenship applications delayed, despite government promises that they would be given expedited treatment. The article is lengthy, and interesting. Here are excerpts:

Despite a 2002 promise from President Bush to put citizenship applications for immigrant members of the military on a fast track, some are finding themselves waiting months, or even years, because of bureaucratic backlogs. One, Sgt. Kendell K. Frederick of the Army, who had tried three times to file for citizenship, was killed by a roadside bomb in Iraq as he returned from submitting fingerprints for his application.

About 7,200 service members or people who have been recently discharged have citizenship applications pending, but neither the Department of Defense nor Citizenship and Immigration Services keeps track of how long they have been waiting. Immigration lawyers and politicians say they have received a significant number of complaints about delays because of background checks, misplaced paperwork, confusion about deployments and other problems.

The long waits are part of a broader problem plaguing the immigration service, which was flooded with 2.5 million applications for citizenship and visas last summer -- twice as many as the previous year -- in the face of 66 percent fee increases that took effect July 30. Officials have estimated that it will take an average of 18 months to process citizenship applications from legal immigrants through 2010, up from seven months last year.

But service members and veterans are supposed to go to the head of the line. After the Sept. 11 terrorist attacks, President Bush signed an executive order allowing noncitizens on active duty to file for citizenship right away, instead of having to first complete three years in the military. The federal government has since taken several steps to speed up the process, including training military officers to help service members fill out forms, assigning special teams to handle the paperwork, and allowing citizenship tests, interviews and ceremonies to take place overseas.

At the same time, post-9/11 security measures, including tougher guidelines for background checks that are part of the naturalization process, have slowed things down.

Over all, 312,000 citizenship or green card applications are pending name checks, including 140,000 that have been waiting more than six months, immigration officials said. This month, immigration authorities eased background-check requirements for green cards, saying that if applicants had been waiting more than six months, they could be approved without an F.B.I. check, and approvals could be revoked later "in the unlikely event" that troubling information was found.

Posted by Bob Kraft at 11:29 AM | Permalink

The Associated Press is reporting today that the government will increase the fines levied against employers who knowingly hire illegal immigrants. The increase will be 25 percent, and is the first incrase in nearly a decade. Excerpt from the article:

Immigration and Customs Enforcement, the federal agency responsible for investigating illegal hirings, has stepped up its enforcement of the employer sanctions law in the past year, leading to a dozen major busts. Currently, fines range from $2,000 to $10,000 depending on the offense. The agency says some penalties could include at least six months in jail.

Posted by Bob Kraft at 12:02 PM | Permalink

Today USCIS issued a press release explaining the recent decision to forego certain aspects of the FBI background checks. Here is the press release:

Federal Litigation Removed as Sole Basis to Expedite Check

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) is no longer routinely requesting the FBI to expedite a name check when the only reason for the request is that a mandamus (or other federal court petition) is filed in the case.

USCIS may continue to request an expedited FBI name check if the case meets one of the other approved criteria, including:

1. Military deployment,
2. Age-out cases not covered under the Child Status Protection Act, and applications affected by sunset provisions such as diversity visas,
3. Significant and compelling reasons, such as critical medical conditions, and
4. Loss of social security benefits or other subsistence at the discretion of the USCIS District Director.

The FBI name check is an invaluable part of the security screening process, ensuring that our immigration system is not used as a vehicle to harm our nation or its citizens. USCIS also requests an FBI name check to screen out people who seek immigration benefits improperly or fraudulently and ensure that only eligible applicants receive benefits.

Information about the FBI name check is available on the USCIS website at http://www.uscis.gov or by calling the USCIS National Customer Service Center toll free at 1-800-375-5283.

Posted by Bob Kraft at 06:00 PM | Permalink

Phoenix is the latest city to try to do what the federal government refuses to do -- resolve the nation's perceived illegal immigration problems. Phoenix police will now start asking all people arrested in that city whether they are in the U.S. legally. Here are excerpts from an article in the New York Times:

The police in this city at the center of the immigration debate will soon ask all people arrested whether they are in the United States legally and will in certain cases report the information to the federal authorities, Mayor Phil Gordon announced on Friday.

People stopped for civil traffic violations like speeding will not be questioned, nor will crime victims or witnesses.

All those arrested on criminal charges like drunken driving and murder will be asked by officers whether they are in the United States legally.

The police may decide to recommend checking by Immigration and Customs Enforcement.
The change includes having the police notify the immigration agency about people who are detained but not arrested who officers have “reasonable basis” to believe are illegal immigrants.

A conservative legal group said the policy did not go far enough.

Civil rights advocates suggested that people who appeared to be Latino or spoke with accents would be more likely to be checked than others.

Hispanics make up 34 percent of Phoenix, the nation’s fifth-largest city, with 1.5 million residents.

The program departs from a policy that is more than 10 years old that bars officers from asking people about their legal status in most cases. It also sets Phoenix apart from most other big cities with large immigrant populations, including New York and Los Angeles. The police in those cities generally avoid such questions over fears that they would lead to racial profiling and discourage immigrants from cooperating with the police.

Posted by Bob Kraft at 02:19 PM | Permalink

The Chicago Tribune ran an interesting article about the effect of Oklahoma's anti-immigrant laws on that state's economy. Obviously there are two points of view to this situation, but this article points out some of the unintended financial consequences for Oklahoma. Here are excerpts:

The splintered trees, downed branches and piles of wood still littering nearly every neighborhood of this sprawling city two months after a devastating ice storm stand as a testament to something more than the ferocity of nature.

The debris is also a sign of the effectiveness ofOklahoma's new law intended to drive illegal immigrants out of the state -- the strictest such statute in the nation.

The branches are still here, many of the law's critics say, because the undocumented workers who would have cleaned them up are not.

"You really have to work hard at it to destroy our state's economy, but we found a way," said state Sen. Harry Coates, the only Republican in the state Legislature to vote against the immigration law. "We ran off the workforce."

Continue reading "More News About Oklahoma's Crackdown On Immigrants" »

Posted by Bob Kraft at 01:55 PM | Permalink

USCIS has released the latest application and receipting update:

USCIS Application and Receipting Update

U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed. As a result, applicants are experiencing delays in receiving notices of receipt. USCIS is working hard to deal with the increased volume.

• Date Received in Mailroom - USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. You can see a sample Form I-797 under "Related Links" on this page. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications.
• Weekly updates on Receipting - Until this situation is resolved, USCIS will provide these weekly updates on progress in issuing receipt notices to our customers. Additional information is available in Frequently Asked Questions, located under "Related Links" on this page.
• Applications Received Prior to Posted Receipting Dates - If your application was received by USCIS before the posted dates below and you still have no receipt, please contact USCIS Customer Service toll-free at 1-800-375-5283.

We appreciate your understanding.

IMPORTANT:

Contact Customer Service toll-free at 1-800-375-5283 for:

Change of Address - If you have submitted your application and are changing your address, but have not yet received your receipt. (If you have a receipt, you can report your change of address from our website, using USCIS' Change of Address Online.)

Unusual Delay - If you have not received a receipt within the timeframe indicated below for the Service Center where you filed your application.

As of January 4, 2008, USCIS had completed initial data entry and issued receipt notices for applications and petitions except for I-130s (Petition for Alien Relative) which are being receipted at the Chicago Lockbox facility, as noted below:

Chicago Lockbox (as of 1/18/08)

Form Number               Date Received

I-130                                 11/13/2007

All Other Forms                Current

Posted by Bob Kraft at 10:22 AM | Permalink

This is the latest information from USCIS about the current filing backlog:

U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed. As a result, applicants are experiencing delays in receiving notices of receipt. USCIS is working hard to deal with the increased volume.

• Date Received in Mailroom - USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. You can see a sample Form I-797 under "Related Links" on this page. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications.
• Weekly updates on Receipting - Until this situation is resolved, USCIS will provide these weekly updates on progress in issuing receipt notices to our customers. Additional information is available in Frequently Asked Questions, located under "Related Links" on this page.
• Applications Received Prior to Posted Receipting Dates - If your application was received by USCIS before the posted dates below and you still have no receipt, please contact USCIS Customer Service toll-free at 1-800-375-5283.

We appreciate your understanding.

IMPORTANT:

Contact Customer Service toll-free at 1-800-375-5283 for:

Change of Address - If you have submitted your application and are changing your address, but have not yet received your receipt. (If you have a receipt, you can report your change of address from our website, using USCIS' Change of Address Online.)

Unusual Delay - If you have not received a receipt within the timeframe indicated below for the Service Center where you filed your application.

As of December 31, 2007, USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated:

California Service Center

Form Number               Date Received

I-130*                              8/30/2007

All Other Forms             Current

*All I-130s received after the indicated date have been forwarded to USCIS Chicago Lockbox for data entry.

Nebraska Service Center

Form Number               Date Received

All Forms                        Current

Texas Service Center

Form Number               Date Received

N-400                             12/7/2007
All Other Forms              Current

Vermont Service Center

Form Number               Date Received

I-130*                                7/29/2007
N-400                             12/4/2007
All Other Forms              Current

*All I-130s received after the indicated date have been forwarded to USCIS Chicago Lockbox for data entry.

Chicago Lockbox (as of 1/8/08)

Form Number               Date Received

I-130                                 10/10/2007

All Other Forms                Current

Los Angeles Lockbox

Form Number               Date Received

All Forms                         Current

Posted by Bob Kraft at 05:45 AM | Permalink

Unfortunately for those employers who can't find U.S. citizen workers for non-agricultural temporary employment, the government has announced that the quota has already been reached for H-2B workers for the second half of fiscal year 2008. This means that no one else will be allowed to apply for jobs in the United States if the starting date of employment is before October 1, 2008.

This is further evidence that the artificial caps for H-1B and H-2B visas are long overdue for increases. The caps haven't changed in many years, despite the growth in the U.S. economy. Any employers hoping for worker visas for jobs beginning after October 1, 2008, better get ready to start the process.

Here is the announcement from USCIS:

--U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008 (FY2008). USCIS is hereby notifying the public that January 2, 2008 is the "final receipt date" for new H-2B worker petitions requesting employment start dates prior to October 1, 2008. The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2008.

The cap was reached with existing totals for that day. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008 that arrive after January 2, 2008. USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on January 2, 2008. USCIS will use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected. Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:

1. Extend the stay of a current H-2B worker in the United States;

2. Change the terms of employment for current H-2B workers and extend their stay; or

3. Allow current H-2B workers to change or add employers and extend their stay.

Posted by Bob Kraft at 08:59 PM | Permalink

The Dallas Morning News came up with a surprise today -- the newspaper has named as Texan of the Year for 2007, the "Illegal Immigrant." This followed a long countdown, in which the paper named various Texans who figured prominently in news stories this year. The News ran a lengthy article about the Texan of the Year, and I recommend reading it. Here are the first few paragraphs:

He is at the heart of a great culture war in Texas - and the nation, credited with bringing us prosperity and blamed for abusing our resources. How should we deal with this stranger among us? He breaks the law by his very presence. He hustles to do hard work many Americans won't, at least not at the low wages he accepts. The American consumer economy depends on him. America as we have known it for generations may not survive him.

We can't seem to live with him and his family, and if we can live without him, nobody's figured out how.

He's the Illegal Immigrant, and he's the 2007 Dallas Morning News Texan of the Year - for better or for worse. Given the public mood, there seems to be little middle ground in debate over illegal immigrants. Spectacular fights over their presence broke out across Texas this year, adding to the national pressure cooker as only Texas can.

To their champions, illegal immigrants are decent, hardworking people who, like generations of European immigrants before them, just want to do better for their families and who contribute to America's prosperity. They must endure hatred and abuse by those of us who want the benefits of cheap labor but not the presence of illegal immigrants.

Especially here in Texas, his strong back and willing heart help form the cornerstone of our daily lives, in ways that many of us do not, or will not, see. The illegal immigrant is the waiter serving margaritas at our restaurant table, the cook preparing our enchiladas. He works grueling hours at a meatpacking plant, carving up carcasses of cattle for our barbecue (he also picks the lettuce for our burgers). He builds our houses and cuts our grass. She cleans our homes and takes care of our children.

Yet to those who want them sent home, illegal immigrants are essentially lawbreakers who violate the nation's borders. They use public resources - schools, hospitals - to which they aren't entitled and expect to be served in a foreign language. They're rapidly changing Texas neighborhoods, cities and culture, and not always for the better. Those who object get tagged as racists.

Whatever and whoever else the illegal immigrant is, everybody has felt the tidal wave of his presence. According to an analysis of government data by the Washington-based Center for Immigration Studies, Texas' immigrant population has jumped a whopping 32.7 percent since 2000, a period in which immigration to the United States has exceeded, in sheer numbers, all previous historical eras. Half the immigrants in the state - 7 percent of all Texans - are estimated to be here illegally.

Though many would agree that the status quo cannot be sustained - more illegal immigrants arrive each year than legal ones, a sure sign that the system is a joke - neither Texas nor the nation seemed nearer in 2007 to resolving this complex crisis. We can't deport 12 million people who already live here, but we can't leave our back door open indefinitely. Compromise comes hard because the issue is tangled up with the most basic aspects of everyday life, down to the core of what it means to be American.

This essay cannot put a name or a face to an illegal immigrant, because that would subject him to possible deportation. Because he lives underground, the illegal immigrant becomes, in our rancorous debate, less a complex human being and more a blank screen upon which both sides can project their hopes and fears.

Posted by Bob Kraft at 12:15 PM | Permalink

The Dallas Morning News reports today that two regional training centers will open in Dallas in January for new employees of U.S. Citizenship and Immigration Services, a government agency swamped by naturalization petitions. Excerpts:

The move comes as the agency hires 1,500 additional employees nationwide to deal with a surge in citizenship applications. The increase has caused processing time to triple, to up to 18 months in Texas and nationwide.

The number of naturalization applications nearly doubled, to 1.4 million, in fiscal year 2007, as some legal immigrants tried to meet a July deadline for a fee increase, and others reacted to a crackdown against illegal immigrants that spilled into the legal immigrant community.

"These facilities will enhance the agility and focus to confront the complex national security challenges ahead, provide excellence in customer service, and operate effectively across interoffice and organizational boundaries," agency director Emilio Gonzalez said Wednesday.

Dallas has one of only three regional offices for Citizenship and Immigration Services, an agency within the Homeland Security Department that has faced mounting lawsuits over the processing delays.

Posted by Bob Kraft at 02:19 PM | Permalink

An article in the Los Angeles Times today says that one-third of Americans think that illegal immigrants should be denied basic social services. On the other hand, 60% of Americans are in favor of a path to citizenship for immigrants who are here illegally but have not committed crimes. Here are excerpts from the article:

Those crosscurrents create treacherous political waters for the major presidential candidates in both parties, many of whom have tended to avoid spotlighting the issue. But all the White House contenders have been forced to confront the issue repeatedly under questioning at campaign events and candidate forums.

Some poll respondents, in follow-up interviews, expressed frustration that the candidates have not been more forthright in addressing immigration-related issues.

The poll indicates that illegal immigration is not the most important issue voters have on their minds, but that most people view it as a key concern.

Asked what problem is a top priority for presidential candidates to address, 15 percent said illegal immigration -- the fifth most-mentioned topic behind the war in Iraq, the economy, protecting the country from terrorist attack and health care. Asked how much of a problem illegal immigration is, 81 percent of voters said they considered it important, including 27 percent who said it was one of the most pressing problems facing the country.

The poll also makes clear that voters make a distinction between legal and illegal immigrants: Asked if illegal immigrants had made a positive or negative contribution to their community, 36 percent said negative (21 percent said positive, 29 percent said the impact was not discernible).

When the same question was asked about legal immigrants, only 12 percent said their impact was negative.

(46 percent said positive, 31 percent said no discernible impact).

When those who said immigrants had a negative impact were asked precisely how, the reasons most often cited were increased crime (30 percent), loss of American jobs (35 percent) and increased cost of social services (19 percent).

Voters are divided about what the best solution is to the problem of illegal immigration, but a strong majority expressed support for a proposal discussed in Congress -- part of a package backed by President Bush -- that would create a pathway to citizenship for illegal immigrants already in the U.S.

The plan, under which illegal immigrants could become citizens if they have no criminal record, register in the U.S., pay a fine, learn English and meet other requirements, was supported by 64 percent of Democratic voters and 62 percent of Republican voters.

However, that plan died in Congress under fire from critics who called for the U.S. to do more to tighten border security before considering liberalized treatment of illegal immigrants.

Posted by Bob Kraft at 01:18 PM | Permalink

In an article today, the New York Times reports that a recent U.S. Census Bureau study shows that for the first time ever, two Hispanic surnames have broken into the top ten most common names in the United States. Here are excerpts from the article:

Smith remains the most common surname in the United States, according to a new analysis released yesterday by the Census Bureau. But for the first time, two Hispanic surnames -- Garcia and Rodriguez -- are among the top 10 most common in the nation, and Martinez nearly edged out Wilson for 10th place.

The number of Hispanics living in the United States grew by 58 percent in the 1990s to nearly 13 percent of the total population, and cracking the list of top 10 names suggests just how pervasively the Latino migration has permeated everyday American culture.

Garcia moved to No. 8 in 2000, up from No. 18, and Rodriguez jumped to No. 9 from 22nd place. The number of Hispanic surnames among the top 25 doubled, to 6.

Demographers pointed to more than one factor in explaining the increase in Hispanic surnames.

Generations ago, immigration officials sometimes arbitrarily Anglicized or simplified names when foreigners arrived from Europe.

And because recent Hispanic and Asian immigrants might consider themselves more identifiable by their physical characteristics than Europeans do, they are less likely to change their surnames, though they often choose Anglicized first names for their children.

The latest surname count also signaled the growing number of Asians in America. The surname Lee ranked No. 22, with the number of Lees about equally divided between whites and Asians. Lee is a familiar name in China and Korea and in all its variations is described as the most common surname in the world.

Smith -- which would be even more common if all its variations, like Schmidt and Schmitt, were tallied -- is among the names derived from occupations (Miller, which ranks No. 7, is another). Among the most famous early bearers of the name was Capt. John Smith, who helped establish the first permanent English settlement in North America at Jamestown, Va., 400 years ago. As recently as 1950, more Americans were employed as blacksmiths than as psychotherapists.

In 1984, according to the Social Security Administration, nearly 3.4 million Smiths lived in the United States. In 1990, the census counted 2.5 million. By 2000, the Smith population had declined to fewer than 2.4 million. The durability of some of the most common names in American history may also have been perpetuated because slaves either adopted or retained the surnames of their owners. About one in five Smiths are black, as are about one in three Johnsons, Browns, and Joneses and nearly half the people named Williams.

The Census Bureau's analysis found that some surnames were especially associated with race and ethnicity.

More than 96 percent of Yoders, Kruegers, Muellers, Kochs, Schwartzes, Schmitts and Novaks were white. Nearly 90 percent of the Washingtons were black, as were 75 percent of the Jeffersons, 66 percent of the Bookers, 54 percent of the Banks and 53 percent of the Mosleys.

Posted by Bob Kraft at 05:47 PM | Permalink

ABC News is reporting that a federal judge today blocked enforcement of new efforts to crack down on illegal immigrant workers. Here are excerpts of the online article:

Judge Charles Breyer of the U.S. District Court for the Northern District of California granted a preliminary injunction against a program that would force employers to verify Social Security numbers and fire workers whose numbers did not match official records.

The federal program developed by the Department of Homeland Security is at the heart of a new crackdown on the estimated 12 million illegal immigrants in the country, after Congress failed to pass comprehensive immigration reform.

But the "no-match letter" program was challenged in a lawsuit by the American Civil Liberties Union, the AFL-CIO and other labor groups claiming it was unlawful and hurt all workers, including legal ones affected by errors in the data base.

"The balance of hardships tips sharply in plaintiffs' favor and plaintiffs have raised serious questions," Breyer said in his ruling.

Breyer still has to rule on a permanent injunction, but workers' rights groups celebrated Wednesday's decision.

"This was really about targeting workers rights generally," said Ana Avendano, director of immigrant programs at the AFL-CIO. "The win is about preventing the Bush administration from causing further harm to workers in this country."

White House spokesman Scott Stanzel said the administration was disappointed with the ruling and added:

"Coupled with the near daily stories about local communities taking immigration matters into their own hands, this ruling serves as another reminder that Congress need to enact comprehensive immigration reform to establish a system that is secure, productive, orderly and fair."

Breyer had already blocked the Social Security Administration from sending out 140,000 letters to employers with 8 million employees whose names did not match their nine-digit identification numbers.

Under the proposed program, employers notified of a "no-match" would have 90 days to confirm that an employee was in the country legally or fire him if not.

Employers also could face fines as well as criminal charges if they did not comply with the program.

The judge also said the threat of a criminal prosecution against an employer "reflects a major change in Department of Homeland Security policy."

Mailing out new no-match letters to employers "would result in irreparable harm to innocent workers and employers," Breyer wrote.

Posted by Bob Kraft at 05:10 PM | Permalink

Yet another story about the plight of fruit and vegetable farmers in California was posted on the KNTV Web site. Here are excerpts:

Farmers in and around Northern California are starting to feel the pinch from tighter border security and visa requirements, NBC11's Daniel Garza reported Monday. Some farmers told Garza they expect some of their fields to remain unpicked. Some said they believe their fields will end up filled with rotting produce.

WATCH VIDEO: Bay Area Farmers: 'Not Enough Workers' | VIEW IMAGES: Farmers' Fears: Too Few Workers

The Bush administration has learned of the possible loss of millions of dollars for thousands of farmers throughout the country, and is attempting to loosen visa requirements for workers. However, farmers told Garza the attempt is "too little too late."

The president has blamed Congress for failing to come up with acceptable new immigration laws. Experts expect the impact on agribusiness to affect Americans' pocketbooks, Garza said.


Working in the fields is a hard job that few will do, according to Pete Aiello of Uesugi Farms in Gilroy. "We'll have guys out in the field as early as 5 o'clock in the morning and the last guys won't leave the field until six or seven o'clock at night," said Uesugi.

Growers said not only is the supply of workers getting smaller, but the federal guest worker program known as the H-2A Visa is too time-consuming.

"When you submit an application often times they can't turn it around for two or three months and by then half our harvest season is gone," Aiello said.

A White House spokesman said it is important for the farm sector to have access to labor.

"I'm really happy the government is about to raise an eyebrow about the situation," Aiello said. "Unfortunately by the time they actually sit down and put their noses to the grind stone and try to implement something, that could be years down the road before it's finally done."

Demonstrators demanding a path to citizenship for millions of illegal immigrants rallied Tuesday, hoping to spur Congress to act before the presidential race takes over the political landscape.

The owner of JJ&F Food Store, John Garcia, said in the long run consumers will feel the impact of fewer farm workers.

"The supply is going to be down," said Garcia. "Demand is going to be up. It's going to increase. It's going to increase a lot."

Posted by Bob Kraft at 12:31 PM | Permalink

The blog of the New York Times has an interesting post today about the "breaking point" being reached in the farmworker immigration situation. The bottom line is that farmers are not finding enough workers, due to immigration crackdowns. And while there are still unemployed American citizens, very few of them have any experience in farm work (or are interested in learning).

There may be a farmworker provision attached to another bill and presented to Congress before the end of the year, but that is very tenuous at this point.

Posted by Bob Kraft at 04:21 PM | Permalink

These figures go along with yesterday's post, and show the country of origin of current unauthorized immigrants. Mexico is by far the leader, with more immigrants than all other countries combined. Statistics from the Department of Homeland Security.

Posted by Bob Kraft at 05:09 AM | Permalink

Here are some interesting statistics from the Department of Homeland Security regarding the states in which illegal immigrants live. California, Texas, and Florida account for almost 50% of all unauthorized immigrants.

http://www.dhs.gov/xlibrary/assets/statistics/publications/ill_pe_2006.pdf

Posted by Bob Kraft at 06:03 AM | Permalink

The New York Times is reporting today that federal judge Charles R. Breyer has extended for ten more days the tempovary delay in implementing the government's no-match Social Security letter plans. Here are excerpts from the story:

The ban further delayed the start of a rule, which establishes steps an employer must follow after receiving a notice from the Social Security Administration, known as a no-match letter, reporting that an employee's identity information does not match the agency's records. According to the rule, originally scheduled to take effect Sept. 14, if the employee cannot clarify the mismatch within 90 days, the employer would be required to fire the worker or risk prosecution for knowingly hiring illegal immigrants. Those immigrants often provide false Social Security numbers when applying for jobs.

"It is clear to me at this point there would be irreparable harm to the plaintiffs," Judge Breyer commented at the end of the hearing, rejecting the government's main argument. "It just seems to me looking at it that this is a potentially enormous burden on the employer," the judge said, adding that he would issue a ruling within 10 days.

The suit was brought by the American Civil Liberties Union, the A.F.L.-C.I.O. and several San Francisco labor organizations. They were joined by the United States Chamber of Commerce and several national small business associations.

In court documents, the business groups argued that the impact of the rule in terms of hiring and training office workers to comply with the new procedures and deadlines, and firing employees whose discrepancies were not resolved in time, would be "substantial, immediate and irreparable."

The labor organizations said that Social Security's records contained many errors that could lead to legal workers, including American citizens, being unjustly fired under the new rule.

The government countered that the rule did not represent any departure from current immigration laws or impose any new burdens on employers, but was designed to help employers by clarifying past confusion about what they had to do to comply with the law.

Posted by Bob Kraft at 04:10 PM | Permalink

Update to my post of September 9, 2007, about Mexican trucks being allowed deeper into the United States:

The Senate voted this past week to ban (again) Mexican trucks from U.S. highways. By a 74-24 vote, the Senate approved a proposal by Sen. Byron Dorgan (D-N.D.) prohibiting the Department of Transportation from spending money on its pilot program to give Mexican trucks greater access to the United States.

Posted by Bob Kraft at 06:16 PM | Permalink

The Dallas Morning News had an interesting article about nonemergency hospital services for illegal immigrants in Fort Worth. Here are excerpts:

A poor illegal immigrant who goes to the John Peter Smith Hospital emergency room in Fort Worth gets the same care at the same price as any other indigent resident.

The Rev. Sergio Diaz is working to expand health care services available for illegal immigrants in Tarrant County.

But the same person who goes to a JPS clinic for nonemergency treatment is often faced with a hefty bill. Unlike other large urban public hospital systems in Texas, JPS excludes illegal immigrants from its charity program that provides preventive healthcare.

Trying to balance politics, medicine and money, the Tarrant County Hospital Board of Managers will debate and possibly decide Tuesday whether to spend millions to provide free or low-cost nonemergency medical care to thousands of illegal immigrants.

The Rev. Sergio Diaz of Iglesia San Miguel, an Episcopal church in Fort Worth, said he has been fighting for this issue because of the damage caused by inadequate health care. He said members of his church - many of them illegal immigrants - can't get preventive health care and that some have died from complications from treatable diseases such as diabetes.

"This touches my heart because most of my people are immigrants," said Mr. Diaz, a member of Allied Communities of Tarrant. "I've seen a lot of people suffering."

Health care has become a major part of the national debate about illegal immigration, and the costs even led Dallas County officials to send bills to Mexico and other countries demanding payment for some of its expenses at Parkland Memorial Hospital.

The debate has also been simmering for more than a year in Tarrant County, where Allied Communities of Tarrant, a coalition of churches and social-justice activists, has pushed for the expansion of charity care. At the same time, a local conservative group favoring a crackdown on illegal immigration has been urging the board to retain the existing policy.

Dennis Killy, a member of the Tarrant Alliance for Responsible Government, said expanding cheap health care to illegal immigrants is an insult to citizens and to those who came to the United States legally. It simply rewards those