MurthyBlog

Supreme Court to Weigh in on Arizona Immigration Law

The legal skirmishing has gone on for months, ever since Arizona's controversial immigration law, popularly known as S.B. 1070, was signed into law back in April 2010. You may recall that a year later, in April 2011, a federal appeals court upheld a lower court decision that prevented several provisions of the measure from taking effect, including language that would have:

• required police in Arizona to question people met through traffic stops and other routine encounters if there was "reasonable suspicion" that an individual was in the United States illegally;
• allowed police to make warrantless arrests of such persons;
• made it illegal to work or seek work in Arizona without proper work authorization from federal authorities;
• made it a criminal offense under Arizona law to be unlawfully present in the state.

(See Appeals Court Upholds Injunction on Controversial Arizona Law, MurthyDotCom, 22.Apr.2011.) These provisions have been in legal limbo - enjoined from taking effect - while the courts sort out their constitutionality.

Now the stage is set for a final showdown over Arizona's controversial immigration law, with the Supreme Court's December 12th decision to hear the case that's been working its way through the courts since the summer of 2010 - the Justice Department's lawsuit alleging that S.B. 1070 violates the Supremacy Clause of the U.S. Constitution, by encroaching on an area of exclusive federal jurisdiction: immigration. (See Supreme Court to Hear Challenge of Arizona's Restrictive Immigration Law, by Robert Barnes, Washington Post, 12.Dec.2011.) 

According to the Washington Post, the Justice Department's filing said the offending provisions of Arizona's law were not designed to help federal authorities enforce federal immigration law, but "to establish Arizona's own immigration policy," an attempt one would expect to fail, under federal pre-emption doctrine. For its part, Arizona counters that their legislative response was necessary because the federal government failed to stem the tide of illegal immigration.

To many, the case seems like a constitutional slam dunk: Article VI, clause 2 of the U.S. Constitution expressly provides that:

"This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding."

In Article I, sec. 8 of the Constitution, Congress is explicitly granted the right "to establish a uniform Rule of Naturalization," which clearly includes the right to regulate immigration, writ large, right? As it turns out, it can be a fairly complex matter to determine whether a federal law preempts - and thus invalidates - a state law on federal supremacy grounds. (For a concise discussion of the technicalities, see The Supremacy Clause v. S.B. 1070: Can Arizona’s Strict Illegal Immigration Law Withstand Constitutional Challenge? by Brittany Grome, 18.Jul.2010, Albany Government Law Review Fireplace blog.) 

Brittany Grome, author of the Albany Government Law Review piece, concludes, “even if Arizona is not precluded from passing S.B. 1070 generally, the specific provisions within the law may also be attacked on preemption grounds.” The open question is what role the ideological valances of the court will play, in a politically-charged decision at a politically-charged time: the Supreme Court is expected to render a decision early next summer, right in the middle of the presidential campaign. With the Latino vote likely to play a decisive role in the election, the Court’s decision will have a significant political impact, perhaps unlike anything we’ve seen since Bush v. Gore.

Further complicating matters is the fact that Justice Elena Kagan will sit out the case, “presumably because she worked on the issue during her time as Obama’s solicitor general,” as the Washington Post reported. In other words, this strengthens the conservative majority on the Court, and makes a finding of federal preemption seem less likely. However the Court rules, state legislatures all over the country will be watching. If the Arizona law passes constitutional muster, we may see a lot more S.B. 1070s popping up all over the country, like poison mushrooms after a rainstorm.

Murthy Law Firm Gathering in Cambridge, MD

On a warm fall weekend, just before Thanksgiving, the Murthy Law Firm family gathered at the Hyatt Resort in Cambridge, Maryland, for a weekend retreat. Lawyers and staff members were joined by their families and significant others for an overnight getaway on the eastern reaches of the Chesapeake Bay.

The occasion? A special birthday celebration for Murthy Law Firm founder and president, Sheela Murthy, who wanted to share this milestone with the people who make such a difference in her professional and personal life. Speaking at the pre-Thanksgiving birthday feast, Murthy observed that most of her family lives in India, and that her colleagues at the firm are like a second family to her. She reflected on her firm's history, and how each person has contributed his or her unique talents to make it the leading immigration law practice it is today.

Murthy thanked her staff with warmth and sincerity, praising them for staying focused on client service - for staying true to her vision of a firm that treats clients with the same consideration one would give a friend or family member. Murthy spoke of her vision for the future of the firm, and about the importance of maintaining the high standards that set us apart. Managing Attorney, Aron Finkelstein, likewise thanked the firm's attorneys and support staff for their diligence, dedication, and teamwork.

While the appreciative crowd was tucking into dessert - cheesecake, bread pudding, and what is surely the best chocolate cake anywhere - Reggie Sukhai and Cosette Hayes presented Sheela with an enormous birthday card, every square inch covered with affectionate birthday greetings and good wishes. After that, the party adjourned to the hotel lounge, where the conversation and good fellowship continued.

The following day, the everyone climbed aboard two paddle-wheel boats for a lunch cruise on the Choptank River. As if on cue, the morning clouds parted to reveal blue skies and sunshine. It turned into a beautiful day, and many people took the opportunity to stand out on deck to catch some rays and watch the water birds flying southward in formation to their winter homes.

A great time was had by all. We left Cambridge refreshed by celebration and togetherness, the beauty of autumn on the Chesapeake, and time spent in good company, getting to know each other better outside the office. It was a great team-building exercise, and enormous fun! Happy birthday, Sheela!

Attorney Sheela Murthy to be Honored by Baltimore Children's Guild

Late last month, the Children's Guild of Baltimore announced that Sheela Murthy had been selected as their 2012 Sadie Award honoree, in recognition of Murthy's commitment to improving the lives of women, children, and immigrants through her philanthropic works here in Baltimore - her adopted hometown - and in her native India. The award will be presented at the Children's Guild's annual black-tie gala, Cabaret for Kids, on Saturday, April 14, 2012. According to the Children's Guild, the gala "will feature an original piece of musical theater" that "will portray the transformative effect of Murthy's philosophy of life on the disadvantaged and the community."

Sheela Murthy is best known as founder and president of the Murthy Law Firm, a premier immigration firm with an international reputation. She is widely recognized as an authoritative voice on immigration matters, and as the creative entrepreneur who launched murthy.com, the most popular immigration law website in the world. In the philanthropic community, though, Murthy is known for her personal generosity - for the time, talent, and treasure she gives back to her community. She provides leadership to several nonprofit organizations, serving actively on the boards of the Girl Scouts of Central Maryland, Stevenson University, and the American Immigration Council, and providing unstinting financial support through the MurthyNAYAK Foundation, the charitable organization established with her husband, filmmaker Vasant Nayak.

The motto of the MurthyNAYAK Foundation speaks volumes about her philosophy of giving back to the community: From Baltimore to Bangalore, Each Life Matters! The work of the Children's Guild is very much in synch with that philosophy.

The Children's Guild is a Baltimore nonprofit that provides services for children and adolescents with emotional, behavioral, and mental disorders. It was founded here in 1953 by the eminent Johns Hopkins child psychiatrist, Dr. Leo Kanner, along with pediatrician, Dr. Matthew Debuskey, and well-known advocate for children, Sadie Dashew Ginsburg, for whom the Sadie Award is named. The Children's Guild is a pioneer in meeting the special needs of children with autism and other mental health challenges. Over the years, it has grown to encompass a broad array of services:

•    Special education day schools - for children with autism or other disabilities that make it difficult for them to participate in regular school programs
•    School-to-work program - helping developmentally-delayed students to learn job skills that will help them to find lasting employment after graduation
•    Autism Spectrum Program - providing individualized education for children with complex emotional and behavioral disabilities,
•    Family Help Center - offering mental health services to children and families coping with emotional and behavioral disabilities, and related challenges
•    Treatment Foster Care - providing a supportive, caring home for children whose complex problems make them difficult for a regular foster home to manage
•    Group Living Academy - a residential treatment program that functions as a private boarding school for children with difficult mental and emotional conditions

All of us at the Murthy Law Firm are proud of Sheela's leadership and her deep commitment to helping others. Congratulations, Sheela!

Immigration Issue Caught in Election-Year Crossfire

The 19th-century military strategist Carl von Clausewitz observed that war is politics by other means - cautioning that war can't and shouldn't be undertaken except to advance a legitimate and carefully-considered policy objective. This was a radical idea at a time when absolute monarchs might go to war simply because they could, to avenge a slight or gratify a narcissistic sense of nationalism.

If Clausewitz lived in our time, one wonders what he'd make of the long series of skirmishes that constitute a modern American presidential campaign. Perhaps he would conclude that politics is war by other means; why else do we call them "campaigns?" He might have cautioned the participants: pick your battles carefully, and make sure you think through your objectives before you start shooting. Ready, fire, aim is not a winning strategy.

In practical terms, taking a page from Clausewitz might mean something like this: don't get out on a limb with positions so extreme that you'll be hard-pressed to govern if you win the campaign - or worse yet, so extreme that you never win the election. These considerations are certainly on the minds of presidential campaign strategists on both sides of the aisle, especially when it comes to hot-button issues like immigration.

On the Democratic side, President Obama has tried to strike a delicate - perhaps impossible - balance, hoping to satisfy both poles of the immigration debate: in bold strokes, the "pro-enforcement" and "pro-immigrant" camps. For the pro-enforcement side, the Obama administration has apprehended and removed (deported) record numbers of undocumented immigrants, in an ill-starred bid to appease the "seal-the-border" lobby, to pave the way for comprehensive immigration reform (CIR) that never happened.

As the election draws closer, the administration is aggressively courting the pro-immigrant camp - read: Latino voters - by ordering federal immigration authorities to ease up on removal (deportations) of immigrant detainees with no criminal record. (See U.S. to Review Cases Seeking Deportations, by Julia Preston, New York Times, 17.Nov.2011. See also 17.Jul.2011 Prosecutorial Discretion Memorandum, U.S. Immigration and Customs Enforcement, and 17.Nov.2011 Case-by-Case Review Memorandum, U.S. Immigration and Customs Enforcement.)  

Knowing that Latino voters will be pivotal in the next election, White House strategists are waging their charm offensive on other fronts as well, challenging state-level anti-immigrant laws in federal court, hoping to show their pro-immigrant bona fides, despite their failure to stand and deliver on CIR. (Whether Latino voters will be charmed or offended remains to be seen).

Meanwhile, on the GOP side, presidential hopeful Newt Gingrich is taking "friendly fire" from fellow conservatives for saying we need a more humane and sensible approach to illegal immigrants - something more practical than simply trying to deport them all. Gingrich said:

"If you've been here 25 years and you got three kids and two grandkids, you've been paying taxes and obeying the law, you belong to a local church, I don't think we're going to separate you from your family, uproot you forcefully and kick you out." (See Could Gingrich Immigration Stance Be Shrewd Move," by Ted Robbins, National Public Radio, 23.Nov.2011.)  

Gingrich prefaced this remark by saying, "If you've come here recently you have no ties to this country, you oughta go home, period."

Gingrich may be trying to have it both ways, but he has extended an olive branch to Latino voters, and his charm offensive may prove helpful to his party's chances in 2012 - although it remains to be seen whether Latino voters will be charmed or offended by his proposal to let "citizen juries" decide which illegal immigrants get to stay. (See Gingrich: Citizen Juries Should Decide Which Illegal Immigrants Stay or Go, by Suzy Khimm, Washington Post, 27.Nov.2011.) In any case, Gingrich has lots of company among the many Republican strategists now worrying about the Latino vote, after all the years of anti-immigrant rhetoric as a GOP trademark. (See As Voting Approaches, Questions Over Republicans' Outreach to Latinos Increase, by Javier Ortiz, The Hill, Congress Blog, 28.Nov. 2011.) Even Senator Marco Rubio, a Tea Party Republican, has been urging his party to moderate its immigration rhetoric to avoid alienating Latino voters. (See Rubio Tells GOP to Shift Tone on Immigration, Fox News Latino, 15.Nov.2011.) 

Whatever the merits of Gingrich's proposals, he has advanced the immigration debate by breaking ranks with party orthodoxy, facing up to the immigration issue rather than sounding retreat, as most conservatives did after the collapse of President George W. Bush's campaign for comprehensive immigration reform. Gingrich seems to be positioning himself as a centrist; he remarked recently that having 20 percent of the electorate may give him an influential movement, but only a governing majority will allow him to accomplish anything useful - and that means governing from the middle, not from the lofty ramparts of ideological purity. Gingrich has likely determined that moderation on immigration will help him win both the nomination battle and the battle for the White House; looking to his long-term objectives, it might give him a fighting chance of passing immigration reform, if he ever gets to the White House.

Happy Thanksgiving from the Murthy Law Firm!

Summer has come and gone, and even fall is on the wane, as the trees drop the last of their leaves, still glowing in sunset colors and blowing around the yard. Almost four hundred years ago, in 1621, the Pilgrims marked this time of year with the first Thanksgiving feast, giving thanks for the harvest that would sustain them, and for the abundant promise of the new land to which they had come to live in freedom. The Pilgrims of Plymouth Plantation had endured a long and difficult winter, and an exhausting summer preparing for the next one. With that first Thanksgiving, they took time to rest from their labors and count their blessings.

This Thanksgiving, we should take a page from their book, and reflect a bit on what the Pilgrims' experience can teach us. Three lessons stand out.

The first and most obvious lesson is about gratitude - understanding and truly appreciating all that we have, and all we've been given. The Pilgrims' lives were difficult by any measure; they worked hard, and their material comforts were few. Yet, they celebrated what they did have, rather than focus only on their wants and the many things they lacked.

The second lesson is that we're all in this together. Nothing could prepare the Pilgrims for the trials they faced during their first year, but it was quickly apparent that they needed to pull together to get through the hard times - the long, cold winter, and the threat of famine as their food supply ran low. It was harder here than they reckoned, but they managed with grit, determination, and no small measure of hope and faith to keep them going.

The third lesson is about the importance of hospitality. At the first Thanksgiving, the settlers of the Plymouth Plantation invited NativeAmericans to join them for a three-day feast of fish and fowl, fruits and vegetables. The settlers were returning the hospitality of the NativeAmericans who had helped them avoid starvation in their new and unfamiliar home: the Wampanoag tribe had provided food to get the settlers through their first difficult winter at Plymouth, and taught them how to live off the land. They broke bread together in a gesture of goodwill and gratitude.

What does this mean for us today? My sincere hope for this Thanksgiving is that we can come to appreciate all we have in this great country, and recognize that the strength of our nation lies in each other - in the diverse backgrounds and talents and experiences and outlooks that we all bring to this wonderfully rich mosaic we call America. We should recognize the shared potential we have as a country, rather than constantly obsessing about all that is not right here. Yes, we do have problems to solve - but this shouldn't blind us to how good we have it here, compared to many other parts of our world.

Realizing how much we have is the first step toward personal generosity. Times are hard right now, but - like the original Pilgrims - we can pull together across the issues that divide us if we remember their spirit of common purpose and shared enterprise. Let me say it again: we're all in this together. Each of us needs to take responsibility for mending the broken parts of our society. I deeply appreciate everything this country has given me, and I have vowed to give back to my adopted country, every chance I get. Philanthropy is now an integral part of our life plan, and each year I commit a large amount of my time, talent, and treasure to efforts that make our country a better place: the Girl Scouts, United Way, the Women's Law Center, and a host of other causes for a stronger society. I am thankful for all the people who embrace this work, and share a part of themselves to make it happen.

What should hospitality mean today? It means welcoming strangers, and making them feel at home. In the larger sense, it means remembering that we are a nation of immigrants - one that has thrived on the contributions of newcomers - and then acting on this knowledge. People still come to this land for the same reasons they always have - pursuing freedom from oppression, economic opportunity, and the chance of a better life. Hospitality means opening our hearts and minds to others, however different their customs, political opinions, cultures and languages may be from our own.

Whether you’re a Democrat or Republican, young or old, of the 99% or the 1%, IndianAmerican or American Indian - no matter where you come from, or what your beliefs are, I hope we can all agree that we have much to be thankful for in this country, and much to give back.

May you feel the joy and abundance and share your love and bounty with all those around you. Happy Thanksgiving, from our family to yours!

Comprehensive Immigration Reform Remains an Unmet Need

As President Obama is no doubt tired of hearing, he promised to tackle immigration reform within his first year in office. For a variety of reasons, that promise remains unfulfilled - the financial collapse and its aftermath, two wars, a string of natural disasters, the Arab Spring, and so on - but first and foremost, CIR was doomed by the refusal of Congressional Republicans to come to the negotiating table. This kicked the can down the road and over the horizon, to be dealt with only after the 2012 elections, if then.

Not that the need for fundamental reform of our immigration system has been quenched by the passage of time; far from it. Pressure for reform has been building for months - but Congress has done little to alleviate this pressure other than proposing a handful of partial fixes - the legislative equivalent of duct-tape-and-chewing-gum repairs.

The absence of Congressional action led state lawmakers in Arizona, Alabama, and Georgia to enact homegrown immigration remedies of their own, aimed at driving illegal immigrants from their states. Several recent articles show just how much the bloom is off the rose, as those states struggle with the unintended consequences of their immigration laws: civil rights lawsuits, bad publicity, lost business, and - foreseeably enough - labor shortages in critical areas like agriculture and the hospitality industry.

In Alabama, school officials have been pulling their hair out in clumps trying to cope with their new role as immigration cops. At the same time, Alabama businesses have been struggling with newly-imposed bureaucratic red tape. (See Ala. Bosses Go to School to Learn New Immigration Law, by Bob Johnson, Associated Press, 06.Nov.2011). In Georgia, the new immigration law will force thousands of professionals - immigrants or not - to submit additional documentation in order to keep their licenses, which "could delay licenses for tens of thousands of accountants, nurses, and many other professionals by an additional three to four months," according to the Atlanta Journal-Constitution. (See Licensed Jobs Hit in New Immigration Law, by Jeremy Redmon, Atlanta Journal-Constitution, 05.Nov.2011).

Just as these unintended consequences have come home to roost, State Senator Russell Pearce - the prime mover behind Arizona's SB 1070, and the wave of copycat bills that followed - was voted out of office last week, a result that CNN said was "widely seen as a referendum on tough measures against illegal immigrants." (See Author of Tough Arizona Immigration Law Loses Recall Election, CNN Wire Staff, CNN Politics, 09.Nov.2011.) 

Legal immigration channels are not faring much better. A case in point: U.S. tourism revenues still have not recovered from strict visa requirements put in place after the September 11, 2001 terrorist attacks. A recent article in the Boston Globe pointed out:

"The arduous process of getting a U.S. visa, particularly in emerging nations such as India, China, and Brazil, is costing the United States and Massachusetts a share of the fastest-growing segment of travel and tourism and hurting an industry that accounts for about one in 10 jobs in both the state and the nation."

How hard can it be? The Boston Globe article said, "the wait to get a tourist visa to visit the United States is legendary in some places, so much so that the United Kingdom once raised a banner in front of a U.S. Embassy in India reading: 'Come to the UK - no line.'" In the past decade, the Globe reports, "the nation's share of overseas travelers has shrunk from 17 to 12 percent, according to the U.S. Travel Association, a trade group." (See Tourism Officials Tackle Visa Reform, by Katie Johnston, Boston Globe, Nov.04.2011.)  

Now consider the case of foreign employees whose companies want to transfer them to their U.S. offices under the L-1 visa program. Your success in getting here may depend less on your company's needs than on your country of origin. Approvals of L-1 visas have decreased sharply for applicants from India, according to a study released this month by the National Foundation for American Policy (NFAP), a Washington think tank. (See L-1 Visa Approvals Decline Significantly at U.S. Posts in India in 2011, National Foundation for American Policy, Policy Brief, Nov 2011.) The drop occurred despite the high demand for talented, well-educated Indian employees in this country. According to the NFAP study:

"…an increase in denials over the past 12 to 18 months is making it far more difficult for employers to transfer employees based in India into the United States on L-1 visas. Employers say this is having a negative impact on growth, projects, and product development in the United States."

Meanwhile, some of the best and brightest minds from overseas routinely fly home after graduation - to stay - because they find it too hard to get a visa to remain here and work. This, too, is self-defeating. What is going on? Aren't these precisely the creative, entrepreneurial people we WANT to keep here, to build our economy?

Absolutely. As Alex Nowrasteh of the Competitive Enterprise Institute remarked in a recent article:

"Immigrants are more than twice as entrepreneurial as native-born Americans, according to the Kauffman Foundation's Index of Entrepreneurial Activity. That advantage lasts several generations, as demonstrated by the fact that Americans with a Latino ancestry retain an entrepreneurial enthusiasm greater than that of natives." (See Twenty-Five Years After Reagan's 'Amnesty' Bill, Conservatives Should Support Increased Immigration, by Alex Nowrasteh, FoxNews.com, 07.Nov.2011.)

Nowrasteh's comments were echoed in the November issue of The Atlantic:

"People with creative ideas, intellectual talents and personal ambition drive innovation. From advancements in science, mathematics and health care to new technologies, products and companies, America has always relied on individual and collective breakthroughs in human knowledge and production to enhance our lives and our economy. As the nation continues to find ways to improve the educational and life opportunities of its own citizens to help spark innovation, we should not ignore an obvious source of human capital - those from other nations. If America wants to solve its innovation problem, solving its immigration problem would be a good start." (See Entrepreneurs, Stay Out! The Utter Idiocy of U.S. Immigration Law, by Marshall Fitz and John Halpin, The Atlantic, Nov 2011.)

The good news is, there is growing realization that America should be doing a better job attracting and keeping foreign graduate students in the STEM fields - science, technology, engineering, and math - and there's an emerging consensus that these people should get green cards stapled to their diplomas, instead of taking home the treasure trove of state-of-the-art technical knowledge they gained in the United States. As Facebook COO Sheryl Sandberg remarked earlier this month, America needs to make it easier for foreign STEM grads to stay here. (See Facebook Says U.S. Must Reform Immigration Policies to Remain Competitive, by Richard Blackden, The Telegraph, 08.Nov.2011.) 

There is talk in Congress of providing that stapled green card to keep talented foreign STEM grads here, but Congress has been dragging its heels, and there is no telling when it might finally pass this small legislative tweak, even though it's far short of - and far less controversial than - comprehensive immigration reform.

For some, Congressional dawdling could create an interesting market niche: an offshore answer to Silicon Valley, moored off the California coast, just outside the U.S. territorial limit. What sounds like the plot of a 40's gangster film is actually the brainchild of two young entrepreneurs who hope to start a floating high-tech incubator "for foreign entrepreneurs who have difficulty obtaining visas." (See Visa Problems? 'Seasteading' Your Startup May be the Answer, by Declan McCullagh, CNET News, 08.Nov.2011.)  

The question is: does it really have to come to this - "seasteading" just offshore or states taking federal law into their own hands - or can we find a rational way to fix immigration on Mainland, USA? Most likely, we won't find out until after the 2012 elections have passed into the history books - and that's one more year too late.

Happy 125th Birthday, Lady Liberty!

On October 28, 1886, President Grover Cleveland stood before a crowd of dignitaries on Bedloe's Island, in New York harbor, to dedicate what was to become an iconic symbol of human striving for freedom: the Statue of Liberty. President Cleveland said Lady Liberty's "stream of light shall pierce the darkness of ignorance and man's oppression until Liberty enlightens the world." 

One hundred and twenty-five years later, the Statue of Liberty remains a powerful symbol for an immigrant nation, founded as a haven from tyranny and oppression. It has always been more than a statue. It is a touchstone of personal history for millions of Americans whose ancestors caught their first breath of freedom on the shores of New York City, beneath the solemn countenance of Lady Liberty. It represents the promise of the American dream, that hard work will carry you as far as your talent allows - that your success in life depends on your initiative and creativity, not on the social standing of your ancestors.

This anniversary reminds us of the central role immigration has played in our national life. We are, after all, a nation of immigrants, and we should take pride in this heritage, and never forget where we came from. Immigrants built this country and made it great. They carved a new nation out of a raw and unforgiving wilderness. They created a free, democratic society in a world where kings and despots ruled unchecked. Immigrant brains and brawn built the most powerful economy the world has ever known.

America has always been a magnet for talent, especially attractive for risk-takers and entrepreneurs - people who want to give full rein to their creativity, like:

• Andrew Carnegie, the American steel magnate and philanthropist who was born in a humble cottage in Scotland;
• Levi Strauss, a German immigrant who created blue jeans, an American icon, sought the world over;
• Estee Lauder, daughter of eastern European immigrants, who went on to found a multi-billion dollar cosmetics empire.

Immigrants are still building this country, contributing to the vibrancy of our economic and cultural life. Immigrants are:

• smart - studying science, medicine, engineering and math at rates far greater than native-born Americans;
• inventive - contributing to more than a quarter of all international patent applications from the United States;
• entrepreneurial - co-founding more than half of all Silicon Valley firms since 1995;
• high-tech leaders - launching giants of the internet era, like Google, Intel, Sun, and eBay;
• job creators - generating $52 billion in sales in 2005, and creating almost half a million jobs here in the decade preceding.

It's no coincidence that the Murthy Law Firm chose the Statue of Liberty to symbolize our mission, to provide outstanding legal service to people seeking to share in the American dream. We are proud of our work, bringing the best and brightest here to the land of opportunity, to continue America's role as a nation of immigrants. The Statue of Liberty serves as a constant reminder of the importance of just how important this work is. From all of us at the Murthy Law Firm: Happy 125th Birthday, Lady Liberty!

Bipartisan Immigration Measure Moves Forward in the House

In a rare moment of bipartisanship last week, members of the House Judiciary Committee approved a measure entitled, Fairness for High-Skilled Immigrants Act, which would eliminate the per-country cap for employment-based immigrants, and increase per-country limits for family-based immigrants from seven percent to fifteen percent of all family-based immigrant visas issued.

The measure was introduced by Rep. Jason Chaffetz (R-UT) and co-sponsored by Lamar Smith (R-TX), chairman of the House Judiciary Committee, and Rep. Zoe Lofgren (D-CA), the Ranking Minority Member on the House Judiciary Subcommittee on Immigration Policy and Enforcement. The House Judiciary Committee vote clears the way for a vote by the full House of Representatives, and eventual Senate consideration.

Current law restricts the number of employment-based and family-sponsored green cards to no more than seven percent of the total number of green cards awarded annually. This bottleneck disproportionately affects aspiring immigrants from India and China, due to the large numbers of applicants from those countries. As Chairman Smith explained in a statement at the Committee Markup last week:

"Because of these annual numerical caps on green cards and the fact that some countries have more of the skilled workers that American employers want, natives of these countries must often wait years longer for green cards than natives of other countries.

"In the employment-based, second preference category for professionals with advanced degrees and aliens of exceptional ability, green cards are now immediately available to approved applicants from most countries. However, because employers seek so many workers from India and China, the per-country caps result in green cards only being available to those natives who first applied on or before November 2007, four years ago." (See Statement of Judiciary Committee Chairman Lamar Smith, Markup of H.R. 3012, the Fairness for High-Skilled Immigrants Act. Press Release. 27.Oct.2011.) 

For green card applicants in the employment-based, third preference category, the situation is even worse; green cards will be available for most of these professionals and skilled workers, if their applications were submitted on or before December 2005. Chinese applicants have wait to more than a year longer, with their priority dates pushed back to August 2004, while for Indian applicants, the priority date is pushed all the way back to July 2002 - almost a decade ago.

Most would agree that this situation is discriminatory and unfair. The sponsor of the remedial measure, Rep. Chaffetz, told The Hill newspaper that getting rid of arbitrary limits on green cards would free American businesses to recruit and hire the best foreign talent, no matter from where they come. (See Committee Approves Bill to Eliminate Per-Country Limits on Skilled Immigrants, by Gautham Nagesh, The Hill, 27.Oct.2011.) It also would level the playing field for employment-based green card applicants from India and China.

For months - years, really - both sides of the immigration debate have been dug into their ideological positions, with little movement on either side, so it's heartening to see them coming out of the trenches and working together, however tentatively. This would be a small step, in the overall scheme of things, but it's significant nonetheless, not least because it would show that bipartisan agreement IS possible, even on the most divisive issues. We hope this small corrective measure will mark more than just a temporary cease-fire, since our entire immigration system is badly in need of reform.

The take-home message? Don't crack open the champagne just yet. The measure still needs to get past the full House and Senate on its way to the President's desk. Even if it becomes law, one can't help but wonder whether small adjustments at the margins actually consume some of the momentum that might otherwise push Congress toward a more comprehensive solution - but perhaps we should take our wins where we can.

Rhetoric Watch: Raising Cain in Tennessee

It's often said that truth is stranger than fiction, that humor is a cloak for truth, and that jokes reveal more about the teller than the teller might wish. Perhaps President Obama was joking when he explained why immigration reform was taking so long - but there was a large kernel of truth in what he said:

"You know, they said we needed to triple the Border Patrol. Or now they’re going to say we need to quadruple the Border Patrol. Or they’ll want a higher fence. Maybe they’ll need a moat. Maybe they want alligators in the moat. They’ll never be satisfied. And I understand that. That’s politics." (See Remarks by the President on Comprehensive Immigration Reform in El Paso, Texas, White House Press Office, 10.May.2011.)

Don't look now, but moats and alligators have become passé. The new deterrent of choice is the electric fence.

Yes, it's that time of the election cycle again. Just as the smoke is clearing from last year's mid-term elections, Presidential hopefuls are stumping for office from pillar to post, on the airwaves, at meet-the-candidate rallies, and in nationally televised debates. There are still so many candidates in the GOP nomination race that some are shouting to be heard - literally shouting, as often happens during the debates, but figuratively shouting, too, taking extreme positions.

Whatever the explanation for the ruckus, during a recent campaign appearance in Tennessee, presidential candidate Herman Cain's voice rose clear above the din of the campaign with perhaps just a joke, perhaps just an ill-considered proposal. To deal with our nation's illegal immigration problem, Cain said:

"First, secure the border for real. It's common sense. Part of [the solution] would have a real fence. Twenty feet high, with barbed wire - electrified - with a sign on the other side that says it can kill you. It'll be in English and Spanish." (See Top Hispanic Congressman Slams Herman Cain's Illegal Immigration Remedy, by John Parkinson, 17.Oct.2011, ABC News The Note.) 

Cain appeared to recant in an appearance on NBC's Meet The Press, the following day, saying he was only joking - only to "re-recant" in subsequent public appearances.

In recent months, these gaffes have become coin of the realm - not from Cain in particular, but from politicians courting border-control constituencies within the GOP and Tea Party. As the New York Times put it, "Today, Republican candidates are competing over who can talk the toughest about illegal immigration - who will erect the most impenetrable border defense; who will turn off 'magnets' like college tuition benefits." (See Comments on Immigration Alienate Some Hispanics, by Trip Gabriel, New York Times, 19.Oct.2011.) The Times article noted that both Herman Cain and Michelle Bachmann are touting their plans for a border fence, "electrified, in Mr. Cain's case, double-walled in Mrs. Bachmann's," while the other candidates slug it out over who is truly tough on illegal immigration.

The point of the Times article was that GOP candidates should think twice before playing the "who's-tougher-on-illegal-immigrants" game, because in doing so they will alienate the fastest-growing bloc of voters in the country: Latinos. One might hope they'd have other, more altruistic, reasons to moderate their anti-immigrant rhetoric. As we noted in this space several months ago, when a Kansas State Representative proposed controlling the southwestern border by shooting illegal immigrants from helicopters:

"Make no mistake: we neither endorse nor condone illegal immigration - but illegal immigrants are human beings who deserve to be treated with dignity. Vigorous public debate is the mark of a healthy democracy, but the conversation needs to remain temperate, rational, responsible, and fact based, if it's going to contribute anything of value to the problems we face as a nation. Treating immigrants as animals, somehow subhuman - even if only rhetorically - is beyond the pale of civil discourse. It also adds nothing to the debate. A little civility would go a long way here." (See Rhetoric Watch: Say What?, MurthyBlog, 23.Mar.2011.) 

This dehumanizing rhetoric is unworthy of us, and smacks of scapegoating, as if illegal immigrants were culpable for everything that ails us a nation - culpable to the point that illegal border crossings should be met with deadly force.

In an ideal world, political candidates would take care to cast more light than heat on the issues of the day. Immigration policy is already a hot-button issue; making it more so is self-defeating. A thorough overhaul of our immigration system is long overdue, and it doesn't do us any favors to delay the day of reckoning: in the meantime, other nations are snapping up more and more of the best and brightest minds from overseas; in the meantime, we continue to let the world think we've rolled up the welcome mat, because our immigration system has not kept pace with the demands of a modern economy and society; in the meantime, we divide ourselves as a nation and separate ourselves from the global community.

Some will reject extreme proposals - like the "killer fence" idea - because they fly in the face of our better values. Others will find the political risks too great. For those still unconvinced, an investigative journalist at Mother Jones magazine has asked and answered the simple question: "Could this even be done?" His answer: yes, if you don't mind spending upwards of $75 billion for electric fencing and another $21 million for warning signs - leaving aside the damage to our national reputation from using lethal force on unarmed civilians. (See How to Build a Deadly Electric Border Fence, by Tim Murphy, Mother Jones, 24.Oct.2011.) 

Only Mr. Cain knows for sure whether he was joking, but this much is clear: our immigration system is no laughing matter, and we would be better served by practical solutions than by uncharitable jokes or flights of rhetorical fancy. We all deserve better.

Diwali: Entering the Season of Light

It is the time when Indians around the world gather with family and friends to observe Diwali (also called Deepavali) a festival celebrated by Hindus, Jains, and Sikhs, each for reasons specific to their religious traditions. The five days of celebration cresendo on the middle day, this year, October 26.

Diwali is the most important holiday of the Indian calendar, a bit like Christmas and New Year's rolled into one. The festival is alive with popping firecrackers, glowing oil lamps, and the sweet smoke of burning incense. It's a time for joyful feasting with family and friends, for eating traditional foods, and giving gifts of sweets to our loved ones. Diwali is a time to reflect upon the year that has passed, and upon hope for the year to come.

Indians from Mumbai to Miami celebrate the triumph of good over evil with thousands of small oil lamps - called diyas - burning brightly to dispel the darkness and, symbolically, the evil of the world. In a larger sense, each lamp also represents the goodness in all of us. It's at once a time of hope, and a celebration of love and generosity. It's a joyful recognition of the inner light that dwells in every human being.

Wherever you're from, whatever your background, we wish you every blessing as you gather together with family and friends to celebrate the holidays of your own tradition. From our house to yours, we extend our sincere hopes that you may experience this season of light as a time of joy, togetherness, and deep spiritual peace.