by Moses Apsan, Esq.

WASHINGTON – The Senate Judiciary Committee begins it’s hearings on a bill which offers a way for certain illegal aliens that entered the United States as minors to become Lawful Permanent residents and eventually American citizens.

The hearing follows on the footsteps of last week’s revelation by Pulitzer Prize journalist Jose Antonio Vargas, a former Washington Post reporter and senior contributing editor for The Huffington Post, that he is an illegal immigrant.

In last weeks Sunday's edition of the New York Times Magazine, online today, Vargas, told his story of a life as an undocumented immigrant  In very quick time, Vargas has become somewhat of a poster child of the 11 million undocumented immigrants in the US who are desperate to resolve their immigration problem and want to see a Dream Act or some type of comprehensive immigration reform that would eventually make them U.S. citizens.

Vargas has been invited to the hearing but as of this writing it is not clear if he will attend.

Among those asked to attend are Homeland Secretary Janet Napolitano, Education Secretary Arne Duncan and Undersecretary of Defense Clifford Stanley.

President Barack Obama has been pushing for a reform of immigration laws so “they can address our economic and security needs while honoring our history as a nation of immigrants and a nation of laws.”

But, since there is such vehement opposition to most any immigration reform,  supporters are trying to convince the president to use more a  “piece meal” strategy by using the president's executive power.

It was Senators Richard Durbin, Harry Reid, and Robert Menendez that re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act. Last fall, the DREAM Act passed the House of Representatives, and garnered the support of a majority in the Senate, but was ultimately defeated when the Senate failed to invoke cloture and proceed to debate. The sponsors of the DREAM Act hope to build on last year’s momentum and continue to highlight the importance of fully utilizing the talent and potential of thousands of young people who are Americans in every way but their birth certificates.

Who would Qualify for the Dream Act?

The following is a list of specific requirements one would need in order to qualify for the current version of the DREAM Act:

• Have proof of having arrived in the United States before age 16.

• Have proof of residence in the United States for a least five consecutive years since their date of arrival,

 • Compliance with Selective Service.

• Be between the ages of 12 and 35 at the time of bill enactment.

• Have graduated from an American high school or obtained a GED.

• Be of "good moral character"

How it works:

• "conditional" status would be granted during the first six years.

• the youth would be required to graduate from a two-year community college or complete at least two years towards a 4-year degree, or serve two years in the U.S. military.

• After the six year period, an youth who met at least one of these three conditions would be eligible to apply for legal permanent resident status.

• During this six year conditional period, these students would not be eligible for federal higher education grants such as Pell grants, but they would be able to apply for student loans and work study.

• If the youth did not meet the educational or military service requirement within the six year time period, their temporary residence would be revoked and they would be removable (deportable).

• They must not commit any crimes other than those considered non-drug related misdemeanors. Being convicted of a felony or drug-related infraction would automatically remove the six year temporary residence status and they would be subject to deportation.

• If the youth met all of these requirements at the completion of the 6-year conditional period, they would be granted permanent residency, and eventually will be eligible for U.S. citizenship.

Although Obama has been a fervent DREAM Act supporter,he has done little to move the act forward and in fact, has taken a hard line on immigration violations by having Homeland Security work methodically to locate and deport immigration violators and has simultaneously shored up the Mexican border.

by Moses Apsan, Esq.

May 28, 2011 - New York- Rep. Luis Gutierrez (D-Ill.), leads a group of Democrats urging President Obama to tone down his aggressive deportation strategy, especially when children are in school or families would be separated. Gutierrez acknowledges that congress has failed to correct the broken immigration laws, but also cast blame on the President and the rest of the executive branch for not using powers granted  under the  constitution.

"While we must work to pass comprehensive immigration reform to fix our broken system, we must also stop needlessly deporting the parents and the spouses of U.S. citizens — and others who are here, who are studying and working and raising families and contributing to our country … We are asking the president — who we know is on the side of the immigrants — to use his power now to stop these deportations," Rep. Jan Schakowsky (D-Ill.) a member of the group told reporters Wednesday outside the Capitol.

Gutierrez, recently launched a 20 cities national tour to demonstrate the plight of illegal immigrants to, announced Wednesday that he's including 10 additional cities to the tour. He explained that the reason or this massive tour  is "to have their stories heard until they finally penetrate the White House and we finally penetrate the consciousness of the president."

They requested certain immediate actions; specifically:

1. Deportation deferrals for the 1 million illegal-immigrant students who would be eligible under the proposed DREAM Act,.  This bill creates a pathway for legal status for college students who entered the U.S. before the age of 16, graduate high school and agrees to go to college  for two years or two years in the military. Last December the DREAM Act bill passed the House, but was derailed in the Senate, following a GOP filibuster.
   
   
2. Create a definition of "extreme hardship" cases, which is used in many deportations to permit the person to remain in the country or to return after having been deported, a designation allowing those targeted for deportation to remain in the country. Current there is no specific definition of extreme hardship, causing uneven results in these cases.  "The president should define extreme hardship today," Gutierrez said. "He has the power. We don't need any more legislative action here [on that issue]."Obama has been making efforts toward comprehensive immigration reform.

Obama recently visited El Paso, Texas and delivered speech calling on Congress to pass comprehensive immigration reform, including the DREAM Act.

"There is a consensus around fixing what’s broken," he said. "Now we need Congress to catch up to a train that’s leaving the station."

In recent weeks, President Obama has met with lawmakers, business and religious leaders in seeking out a solution that's evaded democratic and republican presidents alike.

Just last month, ((Gutierrez threatened that he could hold back support for Obama in the upcoming election)) if the White House doesn't work more aggressively for comprehensive immigration reform.

In El Paso, the president stated "Regardless of how they came, the overwhelming majority of these folks are just trying to earn a living and provide for their families … but they’ve broken the rules, and have cut in front of the line. And the truth is, the presence of so many illegal immigrants makes a mockery of all those who are trying to immigrate legally."

"The laws are broken, but it doesn't mean that we continue to break up families… [T]hese are families, they are not criminals," said Rep. Anna Eshoo (D-Calif.).

by Moses Apsan, Esq.

No sooner did President Obama finish his speech in Texas on Tuesday, announcing his backing of a complete immigration overhaul, did Democrats Sen. Richard Durbin reintroduced the following day the Development, Relief, and Education for Alien Minors (DREAM) Act.  Senate Majority Leader Harry Reid, New Jersey Senator Bob Menendez, and Majority Whip Richard Durbin and 30 others of their colleagues have signed on to support the bill, which failed in Congress last year.

The Dream Act would grant legal status to undocumented immigrants who entered the United States prior to their 16th birthday  provided  they attend college or serve in the military, and meet various  other conditions.

It was  Obama, speaking in El Paso on Tuesday, who called on Congress to pass the DREAM Act.  He denounced the current situation which he terms "cruel" and said "makes no sense." As President Obama put it:

So we’re going to keep fighting for the DREAM Act. We’re going to keep up the fight for reform. And that’s where you come in. I’m going to do my part to lead a constructive and civil debate on these issues. And we’ve already had a series of meetings about this at the White House in recent weeks. We’ve got leaders here and around the country helping to move the debate forward. But this change ultimately has to be driven by you, the American people. You’ve got to help push for comprehensive reform, and you’ve got to identify what steps we can take right now, like the DREAM Act, like visa reform, areas where we can find common ground among Democrats and Republicans and begin to fix what’s broken.a comprehensive plan for modify the immigration laws and to strengthen border security.

"Our immigration laws prevent thousands of young people from fully contributing to our nation's future," said Sen. Dick Durbin, D-Ill., the bill's lead sponsor. "These young people ... are American in every sense except their technical legal status. ...These children are tomorrow's doctors, nurses, teachers, policemen, firefighters, soldiers and senators, and we should give them the opportunity to reach their full potential."

But Republicans for the most part, are against the Dream Act.  House Judiciary Committee Chairman Lamar Smith, R-Texas, said he sympathizes  with these children. [However,] "[t]he DREAM Act doesn't solve our illegally immigration problem, it exacerbates it. Amnesty will encourage millions more parents to bring their children to the U.S. illegally." 

Congressman Luis Guitierrez a formidable fighter for immigrants rights, believes that the president should make immediate use of his executive powers to soften the blow of the current draconian immigration laws. He commented in an article for democracynow.org that  : 

We think the President should immediately take administrative actions. Look, the President of the United States has broad discretionary powers that are conferred upon him by the laws of this nation. We don’t need new laws. It’s nice, and I appreciate the President calling upon the nation to begin to work legislatively to pass the DREAM Act, to pass comprehensive immigration reform. But listen, the one million young men and women who could benefit from the DREAM Act should be given some shelter immediately. The President of the United States should simply respond, affirmatively, to 22 U.S. senators, including those that introduced the DREAM Act yesterday—Senator Durbin and Senator Reid—who asked him three weeks ago to do one thing: stop their deportation. He has the authority under the law to do that. He can’t legalize them. He can’t give them a sense of permanency. But he can give them relief, shelter, set them aside and say, "I’m not going to deport them, I’m not going to take prosecutorial action against them, until the Congress of the United States finally deals with the DREAM Act and votes on it one way or another." That’s the kind of champion, and that’s the kind of affirmative action we would hope from the President of the United States. At a time in which the Republicans are heaping on the immigrant community, where xenophobic tendencies here in the Congress are just at a high, we expect him to respond affirmatively in defending the immigrant community.

A study released last year by the Migration Policy Institute indicates that the DREAM Act could benefit up to 2.1 million undocumented youth, even though only about 825,000 would gain permanent legal status. 

According to the Immigration Policy Center every year over 65,000 undocumented students graduate from high school and even though many are at the top of their classes, they cannot go on to college, join the military, or get jobs after the graduate. 

The Federation for American Immigration Reform, FAIR, an anti-immigration group opposing the DREAM Act calls it, “a sweeping illegal alien amnesty bill.” 

by Moses Apsan, Esq.

President Barack Obama heads to Texas next Tuesday to deliver a speech calling on congress for immigration reform, which includes the 11 million living illegally in the  country.

"The speech will reflect the President's continued commitment to find a bipartisan way to create a bipartisan -- rather comprehensive immigration reform," White House spokesman Jay Carney said Friday. "The fact that we were not able to achieve that in the first two years only means that we need to refocus our efforts and try to find that compromise."

But at the recent  “Cinco de Mayo” reception his words leave an impression that he has  yet to  begin work on immigration reform.  "I want to begin work this year, and I want Democrats and Republicans to work with me -- because we’ve got to stay true to who we are, a nation of laws and a nation of immigrants.  He went on to say “I want to work with Republicans and Democrats to protect our borders, to enforce our laws and also to address the status of millions of undocumented workers”

Republican leaders in the GOP-controlled House  oppose anything Obama.  Rep. Lamar Smith, R-San Antonio, chairman of the House Judiciary Committee said  “The president wasn’t able to pass his version of immigration reform when he had large Democratic majorities in the House and Senate because of bipartisan opposition, so it’s unlikely he will succeed anytime soon,”

It's not that Obama hasn't tried and his predecessor, George W. Bush, also tried to pass immigration reform but was basically ignored by  his own party. Recently Obama supported, the  DREAM Act --- which would have resolved a difficult moral issue by opening our doors to children brought to the US by their parents before the age of 16 provided they attend two years of college or join the armed forces.   It died in the Senate under the threat of a Republican filibuster.

Obama realized early on his presidency that securing the borders would be the only hope of a successful bi-partisan legislation.   To this end Obama increased the Border Patrol to 20,700 agents, doubling the amount  of agents in 2004  which has led to almost 800,000 deportations in the past two years. Obama officials proudly say that Illegal immigration has dropped due to increased enforcement and the economy.

((These aggressive governmental actions on immigration issues controlled by Obama, is upsetting many immigrants and supporters)).   Last Sunday thousands of immigrants poured into the streets of Los Angeles to demand that President Barack Obama fulfill his campaign promise to legalize millions of undocumented immigrants. And Thousands more protesters in support of immigrant and worker rights marched in Milwaukee, Wisconsin.  There will be many more.

THE STATES GET INVOLVED

Individual states are also upset with the current immigration posture of the Obama presidency.  Last Wednesday, Gov. Pat Quinn of Illinois said he was withdrawing his state from the Secure Communities program, while in California, where the program has already begun, it's  Legislature is reviewing  a bill that would permit counties or police agencies to decide on whether to participate. Under the program, the fingerprints of every person arrested by the police would be compared against Department of Homeland Security databases for immigration violations.  This would be in addition to routine checks against the F.B.I.’s criminal databases, opening a door for easy deportation of non-criminal illegal immigrants. So far, 26 out of 102 local jurisdictions in Illinois had begun participating.

The resistance to Secure Communities has antagonized Latino immigrant communities that want Mr. Obama to press for legislation offering legal status to illegal immigrants.  These are the Hispanics that strongly supported Democrats in recent elections. Even the American Immigration Lawyers Association  called for suspension of the program. Yet the increase in arrests and deportations has not persuaded Republicans that the administration is working strong on enforcement.

According to Department of Homeland Security 's Statistics nearly one-third of immigrants deported under this program in Illinois had no criminal convictions. A confusion for many, as being illegal in the United States is a civil violation.  It is not a crime.

And here comes the election.  Obama is stepping up his appearances on immigration reform.  He is now looking like the "old" Obama and appears ready to fight for immigrant rights. But is this perception true? We all know that old maxim  "it's not what he says it's what he does." Well, we will shortly know if Obama's comprehensive immigration reform are just words used for his re-election or a true manifesto.

by: Moses Apsan,Esq.

Fling a bankruptcy and surrendering your home or reducing the 2nd mortgage, short sales and foreclosure can all result in cancellation or forgiveness of debt for the borrower by the IRS.  When there is debt cancellation , it can become taxable income to the  borrower.  In other words, if a $100,000  2nd mortgage is reduced by 90%, you may be left holding the bag on taxes for the amount forgiven.  Here it would be $90,000.  Not exactly what you want, especially after losing your home.

Apparently Congress and the President expect many taxpayers to lose their homes over the three year period the law will remain in force.  On December 20, 2007, the Mortgage Forgiveness Debt Relief Act of 2007 became law.

The relief from debt stemming from foreclosure of a personal residence, but only to the extent the debt went into buying or improving the house, will not be taxed if a foreclosure occurs between January 1, 2007, and December 31, 2009. However, many still have a problem unless they file a petition in bankruptcy. 

There is a limit on the cancellation of debt a homeowner can claim before it becomes taxable. The limits are $2,000,000 or $1,000,000 for a married taxpayer filing a separate return. Nonetheless, many consumers will still have a tax bill after the foreclosure of their real estate loans. The initial  problem will be that only debt from buying or improving the property is protected by the new law. When home values were skyrocketing and sub-prime lenders were easy with lending guidelines, it was quite popular to take out a second mortgage or home equity line of credit to consolidate high interest credit card debt.

Most people that reafinced their home, did not have to pay off credit card bills as part of the contract.  This portion of the home debt is not covered with and continue to trigger tax liability when the loan is foreclosed.

Second homes, vacation homes, investment property and businesses are not included in the forgiveness; it will only apply to debt secured against the principal residence of the taxpayer. If a taxpayer has two homes, only the home that is used the majority of the time will generally qualify.In a  bankruptcy exceptions to cancellation of debt income taxation still are available.

10 facts that the IRS wants you to know about Mortgage Debt Forgiveness.

1. Normally, debt forgiveness results in taxable income. However, under the Mortgage Forgiveness Debt Relief Act of 2007, you may be able to exclude up to $2 million of debt forgiven on your principal residence.
   
2. The limit is $1 million for a married person filing a separate return.
   
3. You may exclude debt reduced through mortgage restructuring, as well as mortgage debt forgiven in a foreclosure.
   
4. To qualify, the debt must have been used to buy, build or substantially improve your principal residence and be secured by that residence.
   
5. Refinanced debt proceeds used for the purpose of substantially improving your principal residence also qualify for the exclusion.
   
6. Proceeds of refinanced debt used for other purposes – for example, to pay off credit card debt – do not qualify for the exclusion.
   
7. If you qualify, claim the special exclusion by filling out Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness, and attach it to your federal income tax return for the tax year in which the qualified debt was forgiven.
   
8. Debt forgiven on second homes, rental property, business property, credit cards or car loans does not qualify for the tax relief provision. In some cases, however, other tax relief provisions – such as insolvency – may be applicable. IRS Form 982 provides more details about these provisions.
   
9. If your debt is reduced or eliminated you normally will receive a year-end statement, Form 1099-C, Cancellation of Debt, from your lender. By law, this form must show the amount of debt forgiven and the fair market value of any property foreclosed.
   
10. Examine the Form 1099-C carefully. Notify the lender immediately if any of the information shown is incorrect. You should pay particular attention to the amount of debt forgiven in Box 2 as well as the value listed for your home in Box 7.

by Moses Apsan, Esq.

Rep. Luis Gutierrez (D-Ill.) is on the move again with a 20-city tour  aimed at at maintaining pressure on President Obama and Congress to resolve the problems associated with the mounting number of deportations and congress’ and more specifically Obama for his  dismal failure in carrying out promises  enact immigration reform.

Gutierrez said in Boston Obama "may" have trouble with the Hispanic vote in 2012 if he does not deliver on promises for an immigration overhaul

Congressman Gutierrez supports a “parole-in-place” program that would permit illegal aliens with children to live in the United States legally. At the media event in Rhode Island,  Gutierrez explained his plans to collect statements from illegal aliens and send them to President Obama in an effort to “persuade” the President to “use the discretion the law already confers on him” to create and carry out the Congressman’s “parole-in-place” scheme.

According to the Rhode Island Providence Journal-Bulletin, Gutierrez said : "In just one year with Barack Obama as president, Gutierrez pointed out, 400,000 people were deported from the United States -- more people than any other president has deported, he asserted. And most of them, Gutierrez said, are not violent criminals, but law-abiding, hard-working people."

Gutierrez, the chairman of the Democratic Caucus Immigration Task Force for the 110th Congress, is also a chairman of the Immigration Task Force established by the United Association for Labor Education.   Over the past few years Gutierrez has established himself as a zealous advocate for comprehensive immigration reform

In December 2009, Gutierrez, in introducing his new Comprehensive Immigration Reform bill said," "The time for waiting is over. This bill will be presented before Congress recesses for the holidays so that there is no excuse for inaction in the New Year. “  It’s failure to become law has not hindered Gutierrez’s unstoppable efforts.

A Boston Globe report on Gutierrez's Sunday town hall: “A Democratic congressman from President Obama's home state gathered immigrants in East Boston yesterday to draw attention to the plight of families that fear being divided by deportation and to warn that the president risks losing the support of the Latino community if he doesn't deliver on immigration reform.”

Gutierrez spoke in adamant tones,  "We kind of made a covenant. There was a compact. You came to us and you said, 'Elect me president of the United States and I will be your champion for immigration reform,' '' said Representative Luis V. of Illinois. "Wherever I go, people say to me, 'Luis, when's he going to keep his promise?' ''

Gutierrez explained that  most immigrants want to support Obama. However, after the on going increase in deportations e under Obama’s administration and finding out about  of the Secure Communities program, Gutierrez  said that he will challenge the president to provide more balance through comprehensive immigration reform.

Meanwhile, the White House, while portraying itself  to be in favor of compassionate immigration laws, is insisting lawmakers to stay away from Gutierrez’s campaign to impede deportations involving U.S.-born children of illegal immigrants.  Such a move jeopardizes Latino votes crucial to President Barack Obama’s re-election.

In a recent March 31 news conference several members of Congress  scheduled to attend Gutierrez’s meeting said administration officials contacted them to voice unease about their involvement.  These lawmakers logically opined that until U.S. immigration law is overhauled, ((Obama should use his executive power to shield families facing deportation or separation because at least one parent is an illegal immigrant)).

Members of the Congressional Hispanic Caucus noted the absences. “I heard some people got called,” said Arizona Representative Raul Grijalva, former president of the caucus. “I didn’t.”

These lawmakers are requesting that the White House “to make some administrative remedies to lessen the pain,” Grijalva said. But the White House,“ see that as politically not healthy for them.”

The White House argues that it does not have the legal authority to exempt certain illegal immigrant categories from the law.

“With respect to the notion that I can just suspend deportations through executive order, that’s just not the case,” Obama explained on March 28 at a  town hall sponsored by the Univision television network. “There are laws on the books that Congress has passed.”

Hispanic voters held a pivotal role in pushing  Obama  to win in 2008, giving him 67 percent of their support, according to the Pew Research Center.

Now in 2112, it will again be the Hispanic vote that will either “make it or break it”  for Obama.  Let’s see if Obama is up to the fight.

by Moses Apsan, Esq.

A Manhattan immigration judge adjourned a deportation proceeding against Monica Alcota, the spouse of American citizen Cristina Ojeda  in order to permit the U.S. immigration service to adjudicate a I-130, Petition for Alien Relative marking the first time a married, same-sex, couple has achieved such a triumph.  Form I-130 is used by the USCIS for citizen or lawful permanent resident of the United States to establish the relationship to certain alien relatives who wish to immigrate to the United States.  In this case the relative is a spouse.

The postponement of the her deportation proceedings was based  on the emerging legal debate surrounding the constitutionality of the Defense of Marriage Act (DOMA). Currently married, heterosexual, couples are eligible under DOMA to apply for green card, but married same-sex couples are deprived of  the same opportunity.

The couple’s attorneys, Noemi Masliah  and Lavi Soloway contended that the couple’s marital status qualifies for permanent residency status. After the adjournment, Soloway discussed  the judge’s decision to Gay City News and said:

    “It is almost impossible to overstate the significance of what happened in there… An adjournment based on an I-130. It would never have happened a year ago. I don’t think I even would have filed it.”

Attorney Soloway says that if the couple’s DOMA challenge is ultimately unsuccessful he will argue, in the alternative, that asylum  is required here due to a “provable fear of persecution” in her home country of Argentina.

Last year  US District Court Judge Joseph L. Tauro in Boston knocked down the DOMA terms that bars federal recognition of legal same-sex marriages.  He found that this section of DOMA  violated the equal protection clause of the constitution and impermissible interfered with right of the state of Massachusetts to grant recognition under joint state-federal benefit programs.

The ruling was appealed by the Department of Justice to the 1st Circuit Court of Appeals, where the established precedent regarding claims of sexual orientation discrimination is that plaintiffs must show there is no rational basis for the difference in law they are challenging.

In Connecticut and New York , the courts in the 2nd Circuit when confronted with comparable lawsuits, where there is no existing precedent on anti-gay bias claims concluded that such claims should appropriately be held to a heightened level of scrutiny, and that under that type of review, DOMA’s constitutionality was not be justified.

The Department of Justice (DOJ), however,  opined that there  was a violation of the equal protection rights of same-sex couples. Attorney General Holder stated that  would no longer defend DOMA in federal court.

It’s difficult to tell how long this case will last in court.  If the USCIS denies the I-130 application, as it will probably do,  there will be an appeal and the case will last for many years.

No matter what, it is the beginning of a new era for same sex marriage and the immigration service.  Time will tell whether gay people will really be granted equiality to heterosexuals in America.

by Moses Apsan, Esq.

February 21, 2011 - Arkansas lawmakers are attempting to prohibit the state from providing non-emergency benefits to illegal immigrants. John Selig, director of the Department of Human Services, explained his opposition to the bill is  a  cut off funding for prenatal care for women who are in the country illegally. Referring to the unborn children Selig stated  “Our concern is they are going to be American citizens and Arkansas citizens.”

According to a DHS spokeswoman other programs that could be affected by the legislation.  These programs include child welfare and protection and services for developmentally disabled children.

 Undocumented immigrants in need of medical assistance find themselves in a very difficult situation. Each year, millions of immigrants need medical assistance, and many have no medical insurance. Not having medical insurance in this country can result in big and permanent problems, especially for people who suffer from chronic illness.

Charity care, however, does exist. Last year hospitals in New York and Pennsylvania granted almost $2 billion in emergency and short-term treatment to uninsured patients, including a large number of immigrants. The hospitals generally pay off these debits, known as charity care, which are separate from expenses related to Medicaid and other insurance plans maintained by the government.

It is not known how many immigrants, documented or undocumented, depend on charity care, because the hospitals normally do not report the numbers. In New Jersey, where approximately 18 percent of the population was born overseas, charity care for immigrants is a major issue. Under federal law, any hospital that receives federal funds should provide emergency or short-term treatment to any person – regardless of whether or not they are documented.

However, when it comes to permanent and long-term treatment, the problem is greater. To qualify for most insurance plans, like Medicaid, an individual must be an American citizen, refugee or legal resident. According to national studies conducted recently by a health economist from the University of Pennsylvania, 44 percent of uninsured patients could be undocumented immigrants. A rather high number.

The difficult situation of illegal immigrants varies depending on the state in which they live. For emergency care, some states do more than others to help hospitals lower their costs treating the uninsured. New Jersey, for example, reimbursed its hospitals about one third of the $965 million in charity care bills last year.

But there are states, like Pennsylvania, that have no reimbursement programs for private hospitals, whose charity care bills run as high as $975 million a year. The uninsured can be sent away if the hospital believes they do not need emergency care.

The situation as a whole needs some kind of reform. It seems almost obvious that no palliative solution will resolve this epidemic problem until our country deals with the issue of illegal immigration in an affirmative way, accepting that immigrants are here to stay.

by Moses Apsan, Esq.

President Obama's dismal failure with the growing immigration reform controversy  is leading our country  towards what  feels like a modern day civil war. It's true that most legal scholars agree that immigration issues are federal in nature and it is the federal government's duty to to weave the immigration laws in a way that is best for America.  But it is also true that under the Tenth Amendment  powers not granted to the United States were reserved to the  individual States or to the people. It is this clause of the constitution, accompanied by the federal government 's non-action,  that has given rise to the individual states' efforts in controlling immigration.

Let's review what's happening in the different states. In Arkansas lawmaker are attempting to prohibit the state from providing non-emergency benefits to illegal immigrants.  They simply  ignore the chief argument against his proposal: that it would cut off services for children and pre-natal care the state provides.  Even their governor,  Mike Beebe oppose the bill saying that it would go too far by denying other essential services to some of the most vulnerable in the state.

"You're talking about taking health care away from unborn children, you're talking about taking health care away from disabled children, you're talking about taking mammograms away from women to detect breast cancer," Beebe spokesman Matt DeCample said. "And that's all pretty dangerous stuff. ... By just his conscience, the governor cannot support any bill that deprives unborn children of health care or deprives developmentally disabled children from the help they need."  Another Arkansas lawmaker,  Rep. Justin Harris,  sponsored a bill that would exclude illegal immigrants from receiving in-state tuition.  But the  Vice Chancellor for Government and Community Relations Richard Hudson of the  University of Arkansas  opposed the  bill.

Georgia is attempting to implement immigration legislation similar to the highly controversial and court condemned Arizona legislation that caused division between many states and eventually resulted in the loss of millions of dollars in state revenues.  The Georgia law, HB-87, attempts  to encourage law enforcement officers to use routine traffic stops  to verify immigration status where an officer has “reasonable suspicion” or in the senate bill “reasonable cause” to suspect that the individual might not be a legal U.S. citizen.  Many off Georgia's  public officials, community organizations and  citizens  believe that such a law would evolve to the abuse of traffic stops and routine detentions for both unreasonable search and seizures as well as  racial profiling.

In Utah, the  House of Representatives passed HB70  which directs law enforcement officers to make a judgment call when checking immigration status, but after much debate was reduced to only requirie police officers to review the immigration status of anyone involved in an  arrest for a serious crime.

At the same time opposite sentiments and legislation are developing throughout the country. In New York City Mayor Michael Rubens Bloomberg  joined forces with giants of the  fashion industry such as  Oscar de la Renta, Malia Mills, Brooks Brothers,  and Diane von Furstenberg to advocate for  immigration reforms.  "New York City is the fashion capital of the world, and that means thousands of jobs for our city...if international fashion companies face too many visa problems in America, they will simply move their billions in revenue and thousands of jobs to our competitors overseas. We need an immigration strategy that supports our businesses, instead of getting in their way," Bloomberg commented.

And in Virginia, Del. Jackson Miller was upset after a Senate subcommittee killed his anti-immigrant  legislation. Miller stated that “The state Senate has let us down again, They’ve chosen political correctness and expediency over public safety. More Virginians will die, and more will be raped, as a result of their actions – or should I say, failure to act." The  Bill would have mimicked Arizona's SB 1070 and required  Virginia State Police to work with the U.S. Immigration and Customs Enforcement agency in enforcing federal immigration laws.

In Utah, the fight for comprehensive immigration reform has just begun.  Thirty four  years old Sen. Luz Robles,  has developed a unusual  state solution to the immigration dilemma that has caught  the interest of legislators across the country. If her approach  works it could change the tone of the nation's immigration  debate. Her proposed bill SB60,  would required the  issuance of an "accountability card" to  illegal immigrants living in Utah. The card  would allow the immigrants the right to work without requiring a  change in their legal status. The bill mandates a thorough criminal background check and learn English in order  to obtain the permit.

Immigration proponents  have hailed Robles' immigration bill as "ground breaking" and "creative" and in perfect harmony with what immigrants want most; the opportunity to work and live without fear. If this  bill were to pass, immigration experts believe that  it may have a similar national reaction as Arizona's SB1070, which attempted to get local police to enforce federal immigration laws and deport illegal immigrants.

Now, why couldn't Obama think of that?

by Moses Apsan, Esq.

If recent political activity means anything, then the  rumors of the  death of immigration reform have been greatly exaggerated.  Republicans McCain (Arizona) and Lindsey Graham (South Carolina) who took an about face on comprehensive immigration reform last spring, are showing signs that they may be on the verge of revisiting this hot issue.   Graham told Politico that he has been talking to New York Senator Chuck Schumer and followed these comments with a statement to CNN that he would consider immigration reform, once the borders are secure. ((Is this the opening that proponents for comprehensive immigration reform have been waiting for or is it just another Red Herring, ))The border issue has been the republicans matador's red flag since the passage of the 1986 Reagan program called Immigration Reform and Control Act (IRCA). IRCA granted  an estimated 3 million unauthorized immigrants amnesty.  As part of IRCA, a border fence was required to be constructed. Yet after over 25 years, the border was never constructed.  Is this what McCain is refering to when he says that he would consider immigration reform AFTER making the borders secure?  Or perhaps he is being genuine. 

Well now, it seems that McCain is talking about creating a mutually agreeable set of benchmarks with Homeland Security Secretary, Janet Napolitano.  What type of border security and what level he is considering, we will soon find out.“We have to agree on certain criteria on what is successful securing of our border,” McCain said  during a Senate Homeland Security Committee hearing. “I think it would be very helpful to all of us if you could lay out what is necessary, what assets need to be devoted and what statistics could show us that the border is being secured, and at that time I think we could move forward with comprehensive immigration reform.”

This comment alone was  enough to change the wind of opportunity and if said in earnest, could open a dialogue on the issue which would lead to a possible reform bill in the New Congress.

McCain has been a fierce opponent of Napolitano and the current administration. In June he said  “Statistics can be manipulated to prove anything,..But the cold hard fact is that our border is far from secure.”

At the hearing McCain seemed to soften his anger against Reno and said that she "quite appropriately" pointed out the efforts the federal government has made over the last two years on border enforcement; however, he was unhappy at it's involvement and success in his state.

In the past Napolitano has rebuffed McCain and other proponents of the "first secure the border theory," but at the same meeting she seemed to indicate a willingness to to meet and talk with McCain and others to find a common vision of what "securing the border" entails.

Well there certainly is a future for comprehensive immigration reform and the rumors of it's death have greatly been exaggerated.