Cathy D. Christiansen asked:


Jerry Erickson

Published: July 1, 2009

The U.S. immigration system is “broken and needs fixing.” So confirms President Obama after meeting with Republican and Democratic leaders last Thursday. Although there is no consensus yet in terms of what a restructuring of the immigration system will include, the process has now begun in earnest to adopt a comprehensive plan. President Obama acknowledged that the broken immigration system is “one of the most critical issues” that our nation faces.

In his remarks following the meeting, President Obama said: “My administration is fully behind an effort to achieve comprehensive immigration reform. I have asked my Secretary of the Department of Homeland Security, Secretary Janet Napolitano, to lead up a group that is going to be working with a leadership group from both the House and the Senate to start systematically working through these issues . . .”

One of the key issues that must be dealt with early in the immigration discussion concerns border security. At this point the American public is just not persuaded that the borders are secure. Until the borders are secured, it is unclear whether there are enough votes for the passage of comprehensive immigration reform.  Senator Mel Martinez (R-Fla.) said “I think the votes in the Senate are a little dicey at the moment. I don’t think it can pass today.” Developing an intelligent plan that clearly articulates the steps to make the border more secure will go a long way in getting the necessary votes.

President Obama is clearly aware that the road ahead will be bumpy. In his statement he said: “We all know that comprehensive immigration reform is difficult. We know it’s a sensitive and politically volatile issue. One of the things that was said around the table is the American people still don’t have enough confidence that Congress and any administration is going to get serious about border security, and so they’re concerned that any immigration reform simply will be a short-term legalization of undocumented workers with no long-term solution with respect to future flows of illegal immigration.”

It seems that the president has hit the nail on the head. In order to come up with a meaningful immigration policy that will serve our nation long-term, the government must come up with a solution to secure the borders. Assuming this can be accomplished, then the many issues associated with immigration reform can be debated.

On the eve of last week’s bipartisan meeting with the president, Senator Charles Schumer (D-N.Y.), who chairs the Senate’s main immigration subcommittee, offered that one of the ideas being considered is a requirement that all U.S. workers verify their identity through fingerprint or eye scan. As reported by The Washington Post, Schumer said that a national system to verify work authorization is necessary because Congress hasn’t cracked down hard enough on unscrupulous employers and illegal immigrants with fake documents. Schumer shows he gets the key issue when he says: “The American people will never accept immigration reform unless they truly believe their government is committed to ending future illegal immigration.” In a nutshell, that is the issue. Control the borders, and then fix the broken system.

There are approximately 12 million illegal immigrants in the U.S. Schumer expects legislation to be enacted that will secure the nation’s borders and require those here illegally to register with the government and “submit to a rigorous process to convert to legal status,” or face immediate deportation.

Done right, there is the opportunity to achieve some real long-lasting benefits here, not the least of which is the securing of our borders, having millions of non-tax paying people come out of the shadows and onto the tax rolls and developing a process to ensure that the work force is legitimate.

President Obama has conceded that “It’s going to require some heavy lifting; it’s going to require a victory of practicality and common sense and good policymaking over short term politics.” Here’s to the effort; let’s hope that all involved have the clarity and foresight to address the obvious first — securing our borders, and then the muscle to see through the remaining challenges.

 

The above information is provided for informational purposes only.  The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys.  An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

 

 

 

Chad asked:

After less than eight months in office, President Barack Obama’s administration is under serious scrutiny by some leading immigrant advocates.

As the legislative drive for health care insurance reform picks up steam, pro-immigrant groups are increasingly alarmed by proposals that target both documented and undocumented resident of the US.

In a telephonic press conference September 16, Latino rights, religious and political leaders blasted policy ideas circulating around the White House and Capitol Hill as not only an attack on the immigrant community

but a threat to public health as well.

“We’ve been deeply disturbed by developments in the health care debate and the treatment of immigrants in it,” said Frank Sharry, executive director of the Washington, D.C-based Americas Voice immigrant advocacy organization.

Sharry criticized Senate Finance Committee Chairman Max Baucus (D-Montana), President Obama and Democrats for bending over backwards to accommodate political opponents, especially Republicans like shouting South Carolina Congressman Joe Wilson, who “demonize immigrants.”

Sharry and other pro-immigrant leaders said they were deeply concerned by measures unveiled in the Senate Finance Committee and in other quarters on Capitol Hill that would exclude immigrants from participating in an insurance exchange even with their own money, prevent children of undocumented residents from getting coverage, probe the residency status of emergency room patients, and make verification of residency status an expanded, cumbersome process for both citizens and non-citizens alike.

According to Eric Rodriguez, vice-president of the National Council of La Raza (NCLR) an estimated 7 of 28 million legal immigrants do not have health insurance.

Under the plan released by Senator Baucus today, undocumented immigrants, who will be virtually barred from obtaining any kind of health insurance at all, would face fines of $950 and upwards if they managed to obtain any sort of emergency treatment.

US Representative Luis Gutierrez (D-Illinois) voiced dismay that the White House was considering keeping many immigrants out of the insurance exchange, especially after Gutierrez and other members of the Hispanic Congressional Caucus agreed that no public monies or tax credits could be used by undocumented residents in a new health insurance reform scheme.

Gutierrez contended that prohibiting undocumented residents from being in the exchange even with their own cash could result in masses of people losing their health insurance coverage.

“What about millions of undocumented workers who have health care through their employers?” Gutierrez asked. “Are they going to lose their benefits?”

“Health care policies should not be dictated by a heckler,” said NCLR President Janet Murguia, in a separate statement also made on September 16. Despite some improvements in the plan announced by Sen. Baucus,

Murguia warned that the legislation coming out of the Senate Finance Committee had the potential to “drive up costs, leave people uncovered and threaten public health.”

Kevin Appleby, director of migrant policy for the US Catholic Conference of Bishops, said that the Church, one of the largest health care providers in the country, often provides treatment to immigrants. The migrant

advocate characterized the denial of health care to sick people as a “fool-hardy” and “mean-spirited” policy. Asserting that the Obama Administration had “capitulated” to anti-immigrant forces, Appleby said

that elected officials had sacrificed public health care on the altar on politics.

Rev. Luis Cortes, president of Esperanza USA, said that it wasn’t too long ago when widespread concern surfaced about the H1N1 virus, but that current proposals on the table would jeopardize people in dire need of health care.

Both political parties, Cortes contended, are “running the fastest to see who is the harshest.” Judging looming actions by Congress and the White House, as “morally punishable by Christian scripture,” Cortes said that the political price could be high for Democrats as well as Republicans. Adding that the immigrant community was once hopeful of the Democrats, Cortes said that local elections would have to be examined “one-by-one” in the future.

Numerous analysts consider New American voters, immigrants and their children, a key voting bloc that swept the Democrats into the White House and Congress last year. Many pro-immigrant groups are growing increasingly frustrated by the pace of immigration reform promised by presidential candidate Barack Obama during the 2008 campaign.

Speaking to reporters, Rep. Gutierrez recalled how the Latino community was inspired by Obama’ candidacy, and took to heart the fellow Illinois Democrat’s pledge to bring undocumented workers out of the shadows and on to the path of legalization. “That’s the President I voted for, not the one who says you cannot have health care,” Gutierrez said.

The longtime Latino political leader and other participants of the September 16 press conference called for the end of “wedge” politics and the passage of comprehensive immigration reform.

Michael C. Podlesny asked:

It has been over two years since hurricane Katrina devastated Louisiana and Mississsippi. With many homes still not rebuilt, demolished or renovated, it raises the big question about flood insurance and whether or not there should be reform in the insurance industry.

In the September 2007 issue of Mortgage Banking it is reported that the decision of the U.S. House Financial Services Committee to reauthorize and reform the National Flood Insurance Program by moving the Flood Insurance Reform and Modernization Act of 2007 in late July and that the decision would curtail the coverage for second homes while adding for windstorm damage. However, the committee explained that the bill would give advantage to small business owners.

Mortgage companies require flood insurance for homes located in flood-prone areas, but homeowners in lower-risk areas may also consider coverage to protect their property, according to Terri Cullen of The Wall Street Journal. Average premiums for a flood insurance is about $600 a year, but those in high risk areas can pay as much as $5,400 a year. Tenants in low-risk areas may pay about $200 a year or $2,200 for high-risk zones. Leading to the fact that it is very expensive to those who really need it, spawning debate as to whether the government should step in and create legislation for flood insurance in those areas that desperately need it such as we`ve seen along the Gulf Coast.

Heightened interest in the natural catastrophe policy is a plus for supporters of the optional federal charter. Congress has dealt with several natural catastrophe related matters, including the House Financial Services Committee`s vote to expand the National Flood Insurance Program to cover wind risks. A definite win for those who need it.

National Underwriter / Property & Casualty Risk & Benefits Management`s Susanne Sclafane reports of the decision of the New Orleans federal appeals court on the need for the homeowners to purchase the National Flood Insurance Program (NFIP) in New Orleans, Louisiana. It is triggered by the claims on damages caused by the Hurricane Katrina. Justin Roth, senior federal affairs director of the National Association of Mutual Insurance Cos., said that the flood maps of the nation needs an update to make sure that claims are really due to floods to prevent other claims.

With the U.S. House of Representatives approving the H.R. 3121 legislation that intends to expand the National Flood Insurance Program (NFIP), by a vote of 38-29, it aims to offer coverage for wind damage as well. It also includes provisions that would require the Federal Emergency Management Agency to revise the country`s flood maps by 2010 ,and terminate the subsidies for structures built before NFIP`s establishment, which Roth feels is vital.

Flood insurance is vital those homeowners and renters along our country`s coastline and those near larger bodies of water. Although many more bills remain being debated in Washington in regards to flood reform, one thing is clear, for those that need it most, reform can not happen quick enough.

By: Michael C. Podlesny