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American and foreign students are blasting new federal guidelines that say international students will be forced to leave the U.S. or transfer to another college if their schools offer classes entirely online this fall. (July 7) AP Domestic

Luis Chirino hasspent long hours designing, drawingand building projects to earn adegree in architecture from the New Jersey Institute of Technology, sometimes spending all night in a studio on the Newark campus.

But Chirino, 22, who lives in Jersey City,also has wonderedwhether the long nights of studying will pay off and if he will be able to practice his chosen profession in New Jersey once he graduates. As an immigrant without legal status, he can't obtain a professional license to work as an architect in New Jersey even if he graduatesand passes the required exams.

"It's an intensive program and thatcan be discouraging,'' said Chirino, who grew up in Elizabeth and is protected from deportation through the federal program known as Deferred Action for Childhood Arrivals."It's hard not to get emotional about it."

But that may soon change after the New Jersey Assembly on Thursday approved a bill toallow immigrants, regardless of their status, to apply for professional and occupational licenses in the state if they meet all other requirements. The legislation was approved by the state Senate last week and is expected to be signed by Gov. Phil Murphy.

Governor Murphy believes that immigrants are a critical part of the fabric of life in New Jersey, and that they should not face unnecessary barriers as they seek to participate in our society and economy,'' Alyana Alfaro, a Murphyspokeswoman, said prior to the Assembly vote.

It was not clear when the bill would reach Murphy's desk, but itwill take effect immediately once it becomes law.

Assemblyman Gary Schaer, (D-Passaic)one of the measure's sponsors, said the current COVID-19 pandemic placed demands on healthcare and essential workers, and that the legislation would address labor shortages in those areas.

Our immigrant community has been indispensable throughout this crisis,: he said. "By lifting this obstacle we can utilize the abilities of every single resident."

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The legislationwould be among the most sweeping in the country and the first on the east coast that would remove all immigration barriers to obtaining professional licenses, advocates said.California, Nevadaand New Mexico are among other states with similar legislation.

In New Jersey, dozens of professions and occupations require licenses, including accountants, architects, acupuncturists, audiologist, beauticians, court reporters, cosmetologists, doctors, dentists, engineers, home inspectors, morticians, nurses, occupational therapists, optometrists, pharmacists, plumbers, psychiatrists, real estate appraisers, social workersand veterinarians.

Although federal law prohibits employers from hiring someone living in the country illegally,immigrants of anylegal status are able to work as independent contractorsor to start a business using a Social Security orIndividual Tax Identification Number. DACA recipients like Chirino gain work authorizationas part of the federal program.

Thebill though has its opponents. Some whosay the legislationwillallowimmigrants, without legal status, to compete for professional jobs thatcould go to legal residents and U.S. citizens.

"It'sadditional competition for jobs, especially at a time like this,'' said Ira Mehlman, a spokesman for the Federation for American Immigration Reform, which supports limits on immigration. "The law of supply and demand dictates that more workers you have to do a certain job the lower the price is going to be so it hurts them that way also."

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Assemblyman Harold Wirths (R-Sussex) voted no on the measure.

"We have rules and laws in this country and, if you come into the country illegally and you are in violation of the law, I don't think we should be granting you licenses,'' he said, noting it was a way of circumventing federal laws.

The bill though is not opposed by all Republicans in the state. Four Republican Senators voted in favor of the bill. They included Senators Chris Brown (R-Atlantic), Declan O'Scanlon (R-Monmouth),Kip Bateman (R-Somerset)and Gerry Cardinale (R-Bergen).

Ana Calderon, of Newark, is a student at Rutgers University in Newark who wants to be a doctor and would benefit from a bill being considered by New Jersey lawmakers that would eliminate legal immigration status as a requirement to obtain a professional or occupational licenses in the state.(Photo: Courtesy photo from Ana Calderon)

In high school, Estrella Rivas appliedfor volunteer opportunities at hospitals, but because she did not have legal status or a Social Security number she often received rejection notices. Rivas, who was born in El Salvador and moved to the United States when she was 4 years old, said she would call hospitals and state her case to volunteer until she was given an opportunity at Trinitas Regional Medical Center in Elizabeth, her hometown.At the hospital,she said shefirst was assigned to work in the emergency room and labor and delivery. Eventually, shewas given the opportunity to observe surgical procedures which she saidsolidified her resolve to become a doctor.

"So once I came to college I knew it was going to face barriers,'' said Rivas, a student at Rutgers University in New Brunswick. "So that's why we have to focus on the professional licensing bill."

Estrella Rivas, 22, of Elizabeth is studying biology at Rutgers University and wants to pursue a career as a pediatrician. She hopes to benefit from a bill being considered by New Jersey Assembly that would eliminate the requirement of legal immigration status to obtain a professional or occupational license in New Jersey.(Photo: Courtesy Photo from Estrella Rivas)

Rivas said many internships require a Social Security number, but proponents said the New Jersey bill could persuadecompanies and hospitals who offer internships to open their programs to immigrants without legal status.

Ana Calderon, 18, a student at Rutgers University in Newark,who also plans to pursue a medical career, said she too hopes that the bill will help her land internships. Calderon, who is majoring in neuroscience and minoring in social justice, was born in Spain and moved to the United States when she was 11years old.

"It would mean everything to me because if I'm able to get one, it means all the hard work and all of the things that I've done to get to that point is going to be worth it, and I'll be able to be a doctor in this country,'' she said, noting she too has been denied internship and hospital volunteer opportunities.

Chirino was born in El Salvador andsaid if the bill passes it will give him more reason to stay focused and achieve his dreams of becoming an architect.

"Itvalidates a lot of the sacrifices that I and my parents have made as immigrants,'' he said. "The fact that New Jersey is stepping up it makes me proud to have grown up here."

MonsyAlvaradois theimmigration reporter for NorthJersey.com. To get unlimited access to the latest news about one of the hottest issues in our state and country,please subscribe or activate your digital account today.

Email:alvarado@northjersey.comTwitter:@monsyalvarado

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NJ Assembly OKs bill allowing undocumented immigrants to obtain professional licenses - NorthJersey.com

Eric Connolly U.S. House Office of Photography

In September 2017, President Donald Trump made a reckless decision that devastated thousands of people throughout our country.

It was a decision to turn his back on thousands of doctors, nurses and first responders. It was a decision to abandon members of our military who served courageously. It was a decision to put the futures of teachers, researchers and students at risk. It was his decision to end the Deferred Action for Childhood Arrivals (DACA) program.

In 2017, the president arbitrarily ended DACA, throwing the futures of hundreds of thousands of young immigrants into jeopardy. This action, and the years-long legal battle that followed, made it nearly impossible for Dreamers to plan for their futures here, even though the United States is the only country theyve ever known as home.

But on June 18, 2020, the U.S. Supreme Court granted temporary relief when they revoked the presidents order. This was a welcome decision, but it does not guarantee the futures of these young people who are American in every way but on paper. President Trump could decide any day to issue a new order to end the program again. Congress must act immediately to protect Dreamers from the whims of the Trump Administrations anti-immigrant agenda.

On July 15, the House Appropriations Committee passed the Fiscal Year 2021 Homeland Security Appropriations Bill. The bill includes an amendment that I introduced with Rep. Will Hurd, a Republican from Texas, that will protect DACA recipients and Temporary Protected Status (TPS) holders in good standing from deportation, detention or denial of work authorization by Department of Homeland Security officials.

Our amendment passed the committee with broad bipartisan support, proving that both Democrats and Republicans understand the serious need for congressional action on this issue.

This bipartisan effort was encouraging, but we must do more. In order to ensure Dreamers and other young immigrants have the peace of mind they deserve, Congress must get serious about comprehensive immigration reform. This means a path to citizenship for the millions of immigrants who live, work and pay taxes in the United States already.

This type of legislation would help clear our immigration backlog, alleviate the humanitarian crisis at our border and allow the immigrants who are an essential part of the fabric of our communities to come out of the shadows and live life as American citizens.

While Congress is still a long way off from a comprehensive immigration reform package, we cannot sit by while the president continues to install and act on a blatantly anti-immigrant agenda. Our amendment was an important step in the right direction, but the Senate could provide Dreamers and TPS holders permanent relief today by passing the Dream and Promise Act.

This bill, which passed the House in 2019, establishes a permanent path to citizenship for DACA-eligible individuals and TPS holders. This bill passed the House with bipartisan support, and would end the uncertainty these young immigrants have had to live with since arriving in the United States.

We cannot continue kicking the can down the road. Its time to finally protect these young immigrants. We have the tools and we have the legislation. Its time for the Senate to step up and take decisive action.

U.S. Rep Pete Aguilar, a Democrat and former mayor of Redlands, has served in Congress since 2014. He is seeking his fourth term in the Nov. 3 election.

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It's time to protect the Dreamers | Government & Politics - Redlands News

1.3 million Indian American voters may be potential game changers in Nov. 3 presidential poll.

In just 100 days, 1.3 million Indian American voters have to choose between President Tweety Donald Trump and Sleepy Joe Biden, as they call each other, who they want to win the White House.

Time was when immigrants from India largely voted for Democrats in presidential elections since 1992 when Democrat Bill Clinton ousted incumbent Republican President George H.W. Bush.

But things started changing in 2016 when a group of Indian Prime Minister Narendra Modis supporters rooted for Abki bar Trump Sarkar (This time Trump government) copying Modis own 2014 slogan.

So much so that now both political parties are wooing them in right earnest hoping their demographic profile in eight battle ground states from Arizona to Wisconsin giving them a clout far larger than their numbers, would prove a game changer.

But who would be good for them, who would do better for the economy and who would stand by their former homeland. So lets take a look at issues close to their heart starting with immigration.

President Trump earlier this month promised to bring a great and very powerful merit-based immigration act that would be strong on borders and also take care of people from DACA in a very Republican way.

But he gave no details. Nor does his campaign site listing an immigration reform proposal which calls for the transition to a merit-based immigration plan among the promises kept.

The campaign also does not outline Trumps plans on the Deferred Action for Childhood Arrivals (DACA), the Obama era program that protects undocumented immigrants, who were brought to the US as children, after it was upheld by the Supreme Court.

It simply says that the Trump administration also took action to wind down the DACA program in an orderly fashion giving Congress the opportunity to consider appropriate legislative solutions.

RELATED: Trump, Biden campaigns wooing Indian Americans (July 21, 2020)

President Trump, the campaign asserted has enforced immigration laws to protect American communities and American jobs and has made removals of illegal immigrants a priority.

Trump, it notes has called on Congress to fully fund a wall along the Southern border, to close legal loopholes that enable illegal immigration, to end chain migration, and to eliminate the visa lottery program.

The campaign also makes no mention of Trumps June 22 proclamation suspending H-1B and other work visas until the yearend, or his abortive attempt to send back foreign students taking only on-line classes this fall.

Trumps rival Biden, on the other hand, has vowed to immediately lift the curbs on these work visas extensively used by Indian professionals if he wins the race to White House in November.

That will not be in my administration, he said in a June 27 digital town hall adding, The people coming on these [H-1B] visas have built this country.

RELATED: Biden vows to end green card caps, increase H-1B visas (July 15, 2020)

The former Vice President also promised to make it easier for qualified green card holders to move through this backlog in which thousands of Indian professionals are stuck for decades due to seven percent country caps.

Accusing Trump of having waged an unrelenting assault on our values and our history as a nation of immigrants, his campaign says, Its wrong, and it stops when Joe Biden is elected president.

Biden, it promised, will support expanding the number of high-skilled visas and eliminating the limits on employment-based visas by country, which create unacceptably long backlogs.

Biden, will also work with Congress to reform the current system of temporary work visas to allow workers in select industries to switch jobs, while certifying the labor markets need for foreign workers.

In the first 100 days, a Biden Administration will streamline and improve the naturalization process to make it more accessible to qualified green card holders, it promised.

Promising to protect Dreamers and their families, his campaign vowed to make them eligible for federal student aid and provide access to community college without debt.

RELATED: Joe Biden vows to lift Trumps H-1B ban if elected (July 1, 2020)

Supporting family-based immigration by preserving family unification as a foundation of our immigration system, Biden would exempt the spouse and children of green card holders from caps and allow parents to bring their minor children with them.

He also vowed to create a road map to citizenship for the nearly 11 million unauthorized immigrants who register, are up-to-date on their taxes, and have passed a background check.

The Biden campaign also vowed to end what it called Trumps detrimental asylum policies, and rescind the un-American travel and refugee bans, also referred to as Muslim bans.'

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Road to the White House: Immigration: Trumps merit with wall vs Bidens welcome for... - The American Bazaar

On July 21, 2020, President Donald TrumpDonald John TrumpGovernors' approval ratings drop as COVID-19 cases mount Gohmert says he will take hydroxychloroquine as COVID-19 treatment Virginia governor, senators request CDC aid with coronavirus outbreak at immigrant detention facility MORE issued an executive order to exclude undocumented aliens from the apportionment base that will be established this year by the 2020 Census. Apportionment is the process of dividing up the 435 seats in the House of Representatives among the 50 states according to population.

This has resulted in a flurry of lawsuits claiming that the order is unconstitutional, which seems to happen every time Trump issues an executive order on immigration. These challenges havent had much success when they reach the Supreme Court.

The most recent one claimed that adding a citizenship question to the 2020 Census was unconstitutional. The Court rejected that argument, but remanded the case on the ground that the Trump administration had violated the reasoned explanation requirement of administrative law.

In any case, those challenging the order should consider whether it is even possible for Trump to implement it before they waste a lot of time on unnecessary litigation I dont think it is.

The background

Article 1, Section 2, of the United States Constitution requires a census of the United States population every ten years to apportion seats in the U.S. House of Representatives and votes in the Electoral College.

The Electoral College is the formal body that elects the president and the vice president. Each state has as many "electors" in the Electoral College as it has Representatives and Senators in Congress, and the District of Columbia has three.

Steven A Camarota andKaren Zeigler, point out that apportionment is a zero-sum system. When immigration adds more population to some states than to others, it redistributes political power in Washington.

According to Trump, States that adopt policies which make it easier for undocumented aliens to enter this country unlawfully and hobble efforts to enforce the immigration laws should not be rewarded with greater representation in the House of Representatives.

For instance, Trump says current estimates indicate that one State [California] has approximately 2.2 million undocumented aliens and that if undocumented aliens are included in determining the upcoming apportionment, it could get two or three more congressional seats than it would otherwise.

The estimates

How likely it is that a large enough number of undocumented aliens will participate in the 2020 Census to make their participation an issue?

This question cant be answered without knowing how large the undocumented alien population is.

If there are only a few thousand of them, there would be no reason to think that they might skew the results of a country-wide census in a country as large as the United States. If there are 50 million of them

But the truth is that we have no idea how many there are.

Pew Research Center's (PEW) estimates of the undocumented alien population are highly respected even the Congressional Research Service relies on them.

PEW uses a process developed by Jeffrey S. Passel with former colleagues at theU.S. Census Bureauand theUrban Institute. Its known as the residual method for estimating the number of unauthorized immigrants living in the country.

The same approach is taken by the Migration Policy Institute (MPI), and the Federation for American Immigration Reform (FAIR).

The residual method starts with the Census Bureaus annual American Community Surveys(ACS), which are used to estimate the number of foreign born people in the United States. Then, an estimate of the number of lawful immigrants in the United States is subtracted from the foreign-born population estimate, and the remainder is the estimate of the undocumented alien population.

In other words, Undocumented Immigrants (U) = Total Foreign Born (F) Estimated Lawful Immigrant Population.

Using this method, PEW estimated that there were 10.5 million undocumented aliens in the U.S. in 2017; MPI estimated that there were 11.3 million in 2016; andFAIR estimated that there were 14.3 million as of 2019.

But the ACS surveys are sent each year to a rotating sample of only 2.6 percent of the American households, which amounts to approximately 3.5 million households. I doubt that such a relatively small survey has much statistical significance in a country as large as America, which has more than 330 million people.

Also, there is reason to doubt that many undocumented aliens participate in the ACS survey and whether the ones who do answer the questions honestly.

Despite statutory protections which prevent the Census Bureau from sharing information with law enforcement and other government organizations, interviews and focus groups conducted by the Census Bureau indicate that immigrants are afraid that their responses will be used to identify and penalize them or their undocumented household members.

Such fear is particularly likely with respect to the ACS survey because it includes questions about race, Hispanic origin, place of birth, citizenship, and when a person came to live in the United States.

In other words, the actual size of the undocumented alien population may be much higher than the estimates indicate or much lower.

And there is no way to know the rate at which the undocumented alien population increases each year either.

DHS tries to keep track of how many aliens make illegal entries along the 1,954-mileSouthwest border, but its records are based on the number of illegal crossers the border patrol apprehends and the number of got-aways. "Got-aways" are aliens who are observed making an illegal entry but are not caught.

DHS doesnt have any way of knowing how many aliens succeed in making an illegal crossing without being detected, and there could be a lot of them on a border thats nearly 2,000 miles long.

Unenforceable

Trumps main problem, though, is that there is no way for him to enforce his order.

How is he going to identify the undocumented aliens who participate in the Census?

I just filled out and submitted the 2020 Census questionnaire online. The requested information indicates my race, but it does not indicate whether I am an alien or if so, whether I have lawful status.

I will be very surprised if Trumps executive order results in the exclusion of undocumented aliens from the apportionment base that is established by the 2020 Census.

Nolan Rappaportwas detailed to the House Judiciary Committee as an executive branch immigration law expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years. Follow him on Twitter@NolanR1or athttps://nolanrappaport.blogspot.com.

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Arguments over whether to count illegal aliens in congressional apportionment may be moot | TheHill - The Hill

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During the 20142015 school year, Caleigh Wood started to learn about Islam as part of her 11th grade world history class. Upon discovering this, Caleighs dad, John, wrote on Facebook that he just about fucking lost it, adding in response to a commenter, A 556 round [of ammunition] doesnt study Islam and it kills them fuckers everyday. John told the schools vice principal that you can take that fucking Islam and shove it up your white fucking ass, according to federal court records. After saying that he was going to create a shit storm like you have never seen, he got banned from the La Plata, Maryland, high school.

That could have been the end of the story. Instead, Brandon Bolling and other lawyers from the Thomas Law More Center, a right-wing Christian group that declares itself battle ready to defend America, represented John as he sued the Charles County public school system for allegedly attempting to indoctrinate his daughter into Islam.

An excerpt of an anti-Muslim Facebook in which John Wood tagged his daughter. PACER

Last week, the Justice Department announced that it had hired Bolling, a former Marine and federal attorney, to be an assistant chief immigration judge in Texas, even though he has no discernible immigration experience. During two stints at the Thomas More Law Centerneither of which is disclosed in his government bioBolling worked on numerous cases that pitted his clients against Muslims and the gay community. Now Bollingwill help oversee the immigration cases of people detained in El Paso, and could be responsible for deciding whether victims of persecution based on their religions and sexual orientations receive protection under US asylum laws.

Bolling is one of 46 new immigration judges recently hired by the Trump administration. Another is Matt OBrien, who served as the research director for the Federation for American Immigration Reform, one of the countrys leading anti-immigrant groups. The decision to hire both men is an escalation of the Trump administrations efforts to select judges sympathetic to its anti-immigration agenda. (The Justice Departments Executive Office for Immigration Review and the Thomas More Law Center did not respond to requests for comment.)

As part of the Justice Department, immigration courts lack the independence of federal courts. The decisions they make can determine whether immigrants who have been in the United States for decades can remain, or whether asylum seekers will be deported to the countries they fled. Even when immigrants appeal their decisions, they generally stick, since the Trump administration has made a point of filling the Board of Immigration Appeals with judges known for denying nearly all asylum claims.

When the Thomas More Law Center first hired Bolling more than a decade ago, the centers president, Richard Thompson, highlighted Bollings tours during Operation Enduring Freedom. I have a bias for lawyers with combat backgrounds, Thompson said. They make great lawyers in the Culture War.

John Wood wasnt the first Marine who Bolling represented in a lawsuit targeting Islam. In 2008, Bolling, another Thomas More attorney, and David YerushalmiThe Man Behind the Anti-Shariah Movement, in the words of a New York Timesheadlinefiled a complaint on behalf of a former Marine named Kevin Murrayin a suit against thenTreasury Secretary Henry Paulson. The suit alleged that the federal government violated the First Amendment by acquiring a stake in the finance and insurance giant AIG as part of its response to the financial crisis. The lawyers argued that AIG engaged in Shariah-based Islamic religious activities that are anti-Christian, anti-Jewish, and anti-American by offering some insurance products that complied with tenets of Islamic religious law governing lending and borrowing in order to serve Muslim clients. Eugene Volokh, a law professor at the University of California-Los Angeles, pointed out at the time, The government no more cares about advancing Shariah through the AIG bailout than my local Ralphs supermarket cares about advancing kosher laws by selling products that are certified kosher.

But the lawsuit claimed that the governments endorsement of Islamic law sends a message to [Murray]that he is an outsider, not a full member of the political community. Murrays lawyers wrote that the theo-political doctrine of Islam is contrary to the dictates of the First Amendments religion clauses and that jihad was a way to gain political control and exercise Islamic authority over a population. The word infidel appeared seven times in their complaint. Not surprisingly, a judge dismissed the suit. (Bolling was no longer at Thomas More at the time.)

Bolling also took aim at homosexuality and sex education. In 2008, Bolling challenged the sex education curriculum of Montgomery County, Maryland, on behalf of plaintiffs including a group called Parents and Friends of Ex-Gays. A Thomas More press release stated that the lawsuit objected to the notion that homosexuality is innatemeaning they are born that way.

Bolling argued in court that the curriculum was illegal because it required teaching factually inaccurate information, specifically that homosexuality is innate. He also thought it should be illegal to show students how to use condoms while engaging in oral and anal sex on the grounds that Maryland law prohibited teaching erotic techniques. The judge upheld the curriculum after a six-year legal battle that involved numerous other legal challenges. (The Thomas More centerhas been able to afford such prolonged litigation with financial support from Dominos Pizza founder Thomas Monaghan.)

John Wood didnt fare much better than Parents and Friends of Ex-Gays. Judge George Hazel concluded that Caleighs Christian teacher did not have a secret Muslim indoctrination plot. [T]he First Amendment does not afford the right to build impenetrable silos, completely separating adherents of one religion from ever learning of beliefs contrary to their own, Hazel concluded in favor of the school district. Nor, in this Courts view, does it prohibit a high school teacher from leading a purely academic study of a religion that may differ from the religious beliefs of some of his students.

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He Defended Anti-Gay and Anti-Muslim Causes. Now He's an Immigration Judge. - Mother Jones