Immigration Law, Policy & Politics : Southern California Immigration Lawyer & Attorney : Carlos Batara Law Firm : Riverside, San Diego, Los Angeles

It's a question I hear almost every day.

"Do you think," ask clients, "we'll have immigration reform this year?"

It's a tough question.

Immigration reform resembles a ping pong match.

Ping.

According to the Los Angeles Times, the President met yesterday with two senators, Democrat Charles Schumer and Republican Lindsey Graham, whose support are crucial to immigration reform.  Presumably, the purpose was to ask them to hasten a blueprint.

Pong.

Just a month ago, immigration reform seemed dead.  After Scott Brown won the Massachusetts special election, Newsweek's blog, The Gaggle, reported the chances of having an immigration reform bill had become dramatically slimmer.

Obama's State of the Union Speech also contributed to the pessismistic outlook of pro-reform leaders.  Many observers felt his reluctance to address immigration reform was tantamount to abandonment. 

Reverend Samuel Rodriguez, head of the largest U.S. Hispanic Christian organization, labeled Obama's 38-word commentary "a crumb" to satisfy the hunger of immigrant communities.  He added it marked 'the death knell of immigration reform in 2010.

Ping.

The disillusionment articulated by Rodriguez was a stark contrast to sentiments last fall.

In November, DHS secretary Janet Napolitano stated the Obama Administration would push for immigration reform in 2010. 

Shortly afterwards, Congressman Louis Gutierrez introduced the Comprehensive Immigration Reform for America's Security and Prosperity Act (CIR ASAP) Act of 2009. 

Pro-immigrant leaders expressed optimism about the prospects of immigration reform.

Pong.

Prior to these gestures, despite Obama's bold campaign promises, immigration reform languished for several months after his victory. 

At a populist pit stop in my neck of the woods last spring, the president was taken aback when posed a question about immigration reform.  The question was not surprising for a Southern California audience.  Yet, Obama's response resembled a rookie batter swinging at one of Josh Beckett's curveballs. 

And The Winner Is . . . 

The president understands the volatility of reform.  He has tried to appease both sides of the immigration equation.  However, with midterm elections around the corner, the issue is reaching a boiling point. 

Very soon, the administration will have to fish or cut bait.

The Democratic Solution: Counting Votes

Before joining the bar, I spent several years working in political offices. 

I learned the art of counting votes.  Before diving in too deeply.

Given the uncertain political climate in a midterm election year, my guess is the president will take a middle-of-the-road approach. 

He cannot go too far in promoting pro-immigration legislation or he'll lose the support of many moderates. 

On the other hand, as Politico's Ben Smith points out, Obama must push some of his campaign promises to maintain the enthusiasm of immigrant communities which strongly voted for his party two years ago.

My hunch is that one or two "safer" pieces of the pro-immigrant agenda will be taken up in the spring or early summer. 

But like I tell my clients, don't bet the house on it.

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Last week, a New America Media report disclosed 100 House members have asked President Obama to jump start the immigration reform debate.

When the issue returns, I hope Congress remembers the kids.

Immigrant children are innocent victims of our inability to shape a compromise on immigration.

Worse, their plight has been minimized by anti-immigrant forces.

They never met Henry.

The Nightmare of Graduation Day 

Henry and his parents visited my office about two months before his high school graduation.  They sought direction about his future.

On paper, Henry was the All American kid.  In person, he was polite, well-mannered, and soft-spoken.

Henry was an 'A' student.  He had won many scholastic and good behavior awards.  He took first place in a district-wide science project competition.  Henry was also ASB vice-president and an ROTC member.  He was the ace pitcher on his school's baseball team.

Henry's immediate goals were simple.  "I'd like to join the army," he told me, "so I can help protect my country which has given me so much."

As complete as Henry's resume looked, it lacked one major item - legal documents to live in the United States.

He was brought here at the age of 5 when his parents entered the country without permission.  Working at minimum wage, his parents supported Henry in a stable home.  They raised Henry to believe good behavior and hard work would open doors of opportunity.

Instead, with graduation nearing, Henry had nowhere to turn.

His dream of joining the U.S. army was not possible.  He could not legally work or go to college.

At the end of our meeting, the hopelessness of Henry and his parents was apparent.  As they left my office, light tears rolled down Henry's cheeks.

Henry deserves better.

A Light at the End of the Tunnel?

Whenever immigration reform discussions begin, Congress is expected to argue over the merits of the DREAM Act.  This proposal would allow young Henry and other immigrants students the possibility of lawful resident status.

Opponents will assert the legislation is a form of blanket amnesty.  They're wrong.

Under the most current version, lawful permanent resident status is only granted if immigrant children meet certain requirements over an 11 year period.

In addition, during a six-year period of "conditional resident status," they must (a) demonstrate a record of good moral character and (b) successfully complete at least two years of service in the armed forces or attendance at a college.

For innocent and deserving immigrant children like Henry, I hope Congress sees fit this round to provide them with light at the end of the tunnel.

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My son was beaten and stabbed a few nights ago.

By a group of young immigrants.

I've spent my career defending immigrants. My commitment faces constant criticism. 

Far too often, news stories tell about immigrants who perform bad acts.  Even friends and colleagues question my values when such events are reported.

I understand their concerns.  But I've seen the positive aspects of immigration in my own life.  From my perspective, the good which flows from immigrant contributions outweighs the bad.

My dad was an immigrant.  My mother had roots in two different countries.  My parents were laborers with little education.  My father spent the early part of his life here as a farm worker, the latter as a dishwasher and kitchen helper for a Chinese restaurant.  My mother worked in factories until her bad back forced her to move into housecleaning.  They made positive contributions to American society.  They were unsung American heroes.

Like many immigrants, they brought a solid moral foundation with them. 

I was raised to use good manners, to be polite and courteous, and to respect my elders.  I was taught to do my best at all times.  I was encouraged to study hard, to work hard, and to help others.  I was taught to obey the law - and not to harm others.

The incident a few nights ago shook the foundations of my world.  My personal views were again called into question.  This time I am the examiner.

The ugly realities about immigration and our society, which, for me, were way out there - are staring back at me.  And they've never been closer.

I'm shocked, hurt, angry, and saddened - all at once.

I suspect some of the youths who stabbed my son feel left out of the American mosaic.  It doesn't excuse their actions.

These types of misguided actions, whether committed by citizens or immigrants, destroy the fabric of society. 

For many immigrants, striving in all the right ways to be accepted into the American community, the negative effects are magnified.

Those who harmed my son did nothing to change the good that my parents accomplished.  But they undermine the efforts of new immigrants who, like my parents, simply want to earn an honest day's wage for an honest day's work. 

One consequence of such heinous behavior is the call for stricter immigration laws.  There are no exemptions.  Worthy immigrants who would benefit from positive reform are forced to continue hiding in the shadows of American communities.

In stabbing my son, these immigrant thugs stabbed all immigrants.

Thank God, I still have my son.

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After waiting 2 1/2 hours, my client was finally called for her green card interview.

We headed to the hallway door to meet the U.S. Citizenship and Immigration Services officer.  I extended my right hand to greet the officer and introduce myself.  He turned and walked away.  With his back to us, he said, "Follow me."

My client's face turned colorless.  Fear ran up and down her spine.  I whispered, "Don't worry.  It's okay."

I again extended my right hand as we entered the officer's room.  He looked at me and said,"We do not shake hands with immigrants seeking benefits."

"Really," I asked, "is that a written policy?"

He ignored the question.

Maybe I'm too old-fashioned.  As I was growing up, my mother taught me to always shake hands.

President Obama has indicated he wants to implement changes to government bureaucracy.  I suggest starting with improved customer relations training for immigration office employees.

A Culture of Rudeness

The attitude displayed by the USCIS officer is not an isolated incident.  In my experience, too many immigration offices are infected with a culture of rudeness.  Not all, but too many.

• Filing window clerks who fling papers at clients and attorneys rather than respond to simple inquiries about procedures or forms
• Security guards who treat visitors as if they are enemy terrorist suspects
• Detention officers who place callers on hold for 20 minutes before asking the callers about their names or reasons for calling
• Immigration judges who act like having tantrums on the bench is a form of judicial discretion

Government lawyers are not exempt from this epidemic. 

For over 16 years, as I've walked into immigration court, I offer to shake hands with opposing counsel.  Most return my gesture.  Yet, some appear shocked. They stare incredulously at me .  .  .  as if I am doing something foreign to legal etiquette. 

And unfortunately, this handshake is sometimes the end of civility.  More often than I care to remember, I've needed to remind opposing counsel it is not necessary to personalize our legal dispute or vilify my immigration client.

A Lesson From Basketball

Like President Obama, I played a lot of basketball as a young man. 

I remember many intense games at a church playground with a dangling chain-link basket.  We would try our hardest to beat each other.  Afterward, we would head to a small neighborhood grocery store.  We would put our money together to buy and share twinkies and chocolate milk.  Despite the furious competition just minutes earlier, there was rarely lingering animosity.

I learned an invaluable lesson from those basketball games -- a lesson it appears our president has also learned.

Mere opposition does not justify belligerence.

This lesson guides my interaction with those on the other side when I represent clients.

Even though my clients are immigrants from foreign countries, the rude, and often mean-spirited, attitude displayed at many immigration offices is inappropriate.  Government employees are public servants, and role models for the public they serve.  

I am not alone in my position.  As the Institute for Civility in Government notes, if government will not model civic responsibility, how can we expect others in society to be any different? 

Just ask Kayne West, Serena Williams, or Joe Wilson.

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