ICE arrests at Mississippi factory

August 26, 2008

595 arrested in ICE and Department of Justice joint immigration enforcement action initiated at Mississippi transformer manufacturing facility
Approximately 106 identified with humanitarian issues, eight charged criminally

LAUREL, Miss.- U.S. Immigration and Customs Enforcement (ICE) special agents executed a federal criminal search warrant yesterday at Howard Industries, Inc., an electric transformer manufacturing facility, for evidence relating to aggravated identity theft, fraudulent use of Social Security numbers and other crimes, as well as a civil search warrant for individuals illegally in the United States.

The announcement was made by ICE Special Agent in Charge of the Office of Investigations in New Orleans, Michael A. Holt, and Stan Harris, First Assistant U.S. Attorney for the Southern District of Mississippi.

As a result of yesterday's enforcement action, approximately 595 illegal aliens were arrested by ICE special agents. Of those, approximately 106 were identified as being eligible for an alternative to detention based on humanitarian reasons. These individuals will still be required to appear before a federal immigration judge who will ultimately determine whether or not they will be deported.

Eight criminal cases have been accepted for prosecution by the U.S. Attorney's Office for the Southern District of Mississippi. The criminal cases are focused on charges of aggravated identity theft. The other cases are being handled via administrative law procedures at the Department of Homeland Security.

"Yesterday's enforcement action is part of ICE's ongoing nationwide effort to shut down the employment magnet fueling illegal immigration," said Holt. "We are committed to strengthening the integrity of our nation's immigration system."

Harris noted that the eight cases being criminally prosecuted are for separate identity theft charges. "Identity theft is a growing problem in the United States, and the Department of Justice has prioritized bringing perpetrators of these crimes to justice and protecting the interests of innocent victims."

All of those arrested were interviewed, fingerprinted and photographed by ICE agents and processed for removal from the United States. Approximately 475 were transported to an ICE facility in Jena, Louisiana where they will await the outcome of their case. The eight individuals facing criminal charges are in the custody of the U.S. Marshal's Service.

Everyone encountered was medically screened and interviewed by a Public Health Service officer to determine if they had any medical, caregiver, or other humanitarian concerns. As a result of this screening, ICE identified individuals eligible for humanitarian release and nine unaccompanied juveniles who are all 17-years-old. The juveniles, which included one female and eight males, were transferred into the custody of the Office of Refugee Resettlement (ORR).

Those arrested yesterday represent numerous countries including: Germany, Peru, Mexico, El Salvador, Guatemala, Panama, Honduras and Brazil.

ICE contacted local Consular officials, community groups and others to ensure they have accurate information regarding the operation.

ICE has established a local telephone number for family members to find out more information about the detention status of those arrested. Family members may call: 1-866-341-3858.

The investigation into this case continues.

-- ICE --

Immigration adoption forms

August 26, 2008

Direct Mail Program Adds Forms I-800 and I-800A

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announces publication of a Federal Register Notice that expands its Direct Mail Program to include Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, and Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country.

Applicants were previously required to file at a USCIS field office with jurisdiction over their place of residence. The Direct Mail Program allows USCIS to process applications more efficiently by eliminating duplicative work, maximizing staff productivity, and introducing better information management tools. The Notice can be found at http://edocket.access.gpo.gov/2008/E8-19723.htm

Beginning on September 25, 2008, applicants must submit Forms I-800, I-800A, and all related supplements and forms to the USCIS Chicago Lockbox facility for initial processing, using the following address:

U.S. Citizenship and Immigration Services
P.O. Box 805695
Chicago, IL 60680-4118

If you are filing Hague-related Forms I-601, Application for Waiver of Ground of Inadmissibility; I-864, Affidavit of Support Under Section 213A of the Act; I-864EZ, Affidavit of Support Under Section 213A of the Act; or I-864W, Intending Immigrant’s Affidavit of Support Exemption; with Form I-800, you must also send these forms to the Lockbox address.

USCIS will forward incorrectly-filed forms to the USCIS Chicago Lockbox facility address ONLY for the first 30 days after September 25, 2008. USCIS will forward to the USCIS Chicago Lockbox facility any Form I-800A, Form I-800, or related forms and fees received by any office other than the USCIS Chicago Lockbox facility only if they are received before October 27, 2008. Beginning October 27, 2008, USCIS will return any Form I-800 or I-800A, and related supplements and forms, mailed to a USCIS office other than the USCIS Chicago Lockbox facility address to the applicant and require the applicant to mail the application directly to the USCIS Chicago Lockbox for processing.

Please contact the USCIS National Customer Service Center at (800) 375-5283 for more information.
–
USCIS –

Use New Version of Form I-751 and File with the California or Vermont Service Center

USCIS Update
August 25, 2008

USCIS Revises Filing Instructions for Petitions to
Remove Conditions on Residence

Customers Will Use New Version of Form I-751 and File with the California or Vermont Service Center

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today it has revised the filing instructions for the Petition to Remove Conditions on Residence (Form I-751).

Effective immediately, all petitioners filing a Form I-751 must file with the California or Vermont Service Center, depending on the state in which they reside.

Petitioners who live in Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, and
Wyoming must file their Forms I-751 with the California Service Center:
USCIS California Service Center
P.O. Box 10751
Laguna Niguel, CA 92607-1075

Petitioners who live in Alabama, Arkansas, Connecticut, Delaware, Washington, D.C., Florida,
Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire,
New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, and West Virginia must file their Forms I-751 with the Vermont Service Center:
USCIS Vermont Service Center
75 Lower Welden St.
P.O. Box 200
St. Albans, VT 05479-0001

Beginning September 24, 2008, USCIS will only accept the revised form dated August 25, 2008, and will
reject previous versions of the form as well as petitions filed with the incorrect Service Center.
Please contact the National Customer Service Center at (800) 375-5283 for more information.
–USCIS–

USE CORRECT EDITION OF FORM I-765

USCIS Update
August 18, 2008

USCIS REMINDS CUSTOMERS - USE CORRECT EDITION OF FORM I-765 TO REQUEST EMPLOYMENT AUTHORIZATION

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds its customers to use the correct version of the Application for Employment Authorization (Form I-765) dated 05/27/08. The edition date appears in the lower right hand corner of the form as “Form I-765 (Rev. 05/27/08) N".

Submission of an earlier version of Form I-765 may result in rejection of the application. The main purpose of the Form I-765 is to allow certain aliens in the United States to request employment authorization and an Employment Authorization Document (EAD).

Customers may download the correct version of the Application for Employment Authorization Form I-765 and instructions from www.uscis.gov/i-765 or under the “Immigration Forms” tab on our website.

USCIS PROPOSES CHANGES TO IMPROVE THE H-2B PROGRAM

USCIS PROPOSES CHANGES TO IMPROVE THE H-2B TEMPORARY NON-AGRICULTURAL WORKER PROGRAM

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today a series of proposed rule changes that will streamline procedures for hiring workers under the H-2B program. These changes are being proposed in further fulfillment of the commitment made by the Administration last August, after the failure of Congress to pass comprehensive immigration reform, to review and improve temporary worker visa programs using existing authorities. The proposed rule, which has been sent to the Federal Register, supplements the extensive reforms of the H-2B program already proposed by the Department of Labor in its proposed rule published on May 22.

The H-2B nonimmigrant temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural temporary jobs for which U.S. workers are not available. The proposed changes to the H-2B program, discussed by Homeland Security Secretary Michael Chertoff on June 10, will encourage and facilitate the lawful employment of foreign temporary workers while ensuring the integrity of the H-2B program.

The proposed rule is designed to remove unnecessary limitations on H-2B employers while both preventing fraud and abuse and protecting the rights of temporary workers.

The proposed rule will:
• Reduce from six months to three months the time H-2B workers must wait outside the United States before they are eligible to re-obtain status under the H or L classification;
• Require employer attestations on the scope of the H-2B employment and the use of recruiters to locate H-2B workers;
• Crack down on employers and recruiters who impose fees on prospective H-2B workers in connection with or as a condition of an offer of H-2B employment;
• Require an approved temporary labor certification in connection with all H-2B petitions;
• Preclude, with limited exception, the change of the employment start date after the grant of the temporary labor certification;
• Require employers to notify DHS when H-2B workers fail to show up for work, are terminated, or abscond from the worksite;
• Change the definition of “temporary employment” to provide that a job is of a temporary nature when the worker will end in the near, definable future and to eliminate the requirement that employers show “extraordinary circumstances” to be eligible to hire H-2B workers where a one-time need for the workers is longer than one year but shorter than three years;
• Prohibit the approval of H-2B petitions for nationals of countries that are determined to be consistently refusing or unreasonably delaying repatriation of their nationals; and
• Establish a land-border exit system pilot program, which requires H-2B workers admitted through a port of entry participating in the pilot H-program to also depart through a participating port and to present designated biographic and/or biometric information upon departure.
USCIS will accept public comments 30 days following publication of the proposed rule in the Federal Register.

– USCIS – Aug 15, 2008

USCIS ESTABLISHES GENEALOGY PROGRAM

News Release
August 13, 2008
USCIS ESTABLISHES GENEALOGY PROGRAM
Fee-for-Service Program Replaces Lengthy FOIA Process

WASHINGTON — Customers can now turn to U.S. Citizenship and Immigration Services (USCIS) for help in researching their family’s immigration history through the agency’s new Genealogy Program.

USCIS maintains historical records documenting the arrival and naturalization of millions of immigrants who arrived in the United States since the late 1800s or and naturalized between 1906 and 1956. Until today, the process to request these records was handled through a Freedom of Information Act / Privacy Act (FOIA) request.

“In many cases USCIS is the only government agency that has certain historical records that provide the missing link which genealogists or family historians need,” said Jonathan “Jock” Scharfen, USCIS’ Acting Director.
The agency anticipates interest in genealogy to continue to grow. In the past four years alone, USCIS received more than 40,000 FOIA requests for historical records. The new genealogy program will create a dedicated queue for genealogists, historians and others seeking genealogical and historical records and reference services that generally require no FOIA expertise. As a result, USCIS will provide more timely responses to requests for records of deceased individuals.

Individuals may submit genealogy records requests by using the new forms, G-1041 -Genealogy Index Search Request, and G-1041A - Genealogy Records Request. Both forms are available on the new USCIS Genealogy Program page at: http://www.uscis.gov/genealogy. The fees include:
• Genealogy Index Search - $20
• Copy of a File on Microfilm - $20
• Copy of a Textual File Copy - $35.

USCIS

Guilty Verdict in Immigration Fraud Case

Guilty Verdict in Immigration Fraud Case

Posted: Aug 13, 2008 12:32 PM MDT

Updated: Aug 13, 2008 02:22 PM MDT

by Chris Durden (WICHITA, Kan.)

A jury finds man guilty of defrauding immigrants with memberships in unrecognized American Indian tribe.

Malcolm Webber was found guilty of six charges and not guilty on one count of conspiracy to defraud the United States. Federal prosecutors say Webber sold tribal memberships to legal and illegal immigrants, falsely claiming the memberships would make them American citizens.

Webber's defense attorney argued that his client had no criminal intent and only sought to help undocumented immigrants become legal residents. He blamed others for overcharging people for tribal memberships. The defense called no witnesses during the trial and Webber did not take the witness stand in his own defense.

Federal agents raided the Kaweah Indian Nation's Wichita offices last year. The tribe is not recognized by the federal government. The Bureau of Indian Affairs ruled in 1984 that the Kaweah group had no historical link to American Indian tribes. The bureau also ruled that Webber - who calls himself Grand Chief Thunderbird IV - is not an Indian.

Last year, federal prosecutors charged the tribe and 11 people in a 17-count indictment. Charges have been dismissed against the tribe and two defendants, one remains a fugitive and seven others have pleaded guilty to reduced charges.

Robert Visnaw, a special agent with Immigration and Customs Enforcement, testified that agents seized tribal enrollment rolls with the names of 13,142 people, plus an additional 2,000 to 3,000 applications that had not yet been processed.

Visnaw, the lead investigator, told jurors that he has not gone through the entire membership roll. But of the 1,000 tribal memberships that he compared with ICE databases, it appeared only 4 percent to 5 percent were lawful residents or citizens.

*The Associated Press contributed to this report.

ICE sting at O'Hare

ICE sting at O'Hare

"The Mexican Consulate in Chicago issued a warning Friday evening to Mexican nationals to carry proper identification and be cautious when arriving or going to meet relatives or friends at the world's second busiest airport. The consulate has reviewed at least a dozen instances this year in which people traveling from Mexico to Chicago's O'Hare International Airport were detained while U.S. Customs and Border Protection agents arrested family members or acquaintances waiting to pick them up, officials said."

AP, Aug. 8, 2008.

USCIS UPDATES PROJECTED NATURALIZATION PROCESSING TIMES

News Release August 11, 2008 USCIS UPDATES PROJECTED NATURALIZATION PROCESSING TIMES WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it continues to make steady progress in reducing the significant number of naturalization applications it received last year. USCIS now anticipates naturalization application processing will average 10-12 months nationally by the end of September 2008 – a substantial improvement from its estimated average processing time of 16-18 months first announced last year. “USCIS is committed to providing customers with clear expectations and regular updates about the agency’s progress to reduce its backlog,” Acting USCIS Director Jonathan Scharfen said. “We are working steadily toward achieving our goal of processing all naturalization applications within five months by this time next year.” During Fiscal Year 2007, USCIS received 1.4 million naturalization applications, nearly double the normal annual volume. In July alone, USCIS received 460,000 applications for naturalization prior to the implementation of its July 30, 2007 fee increase. As a result, average processing times significantly increased. In response to the surge in applications, USCIS implemented a work plan to reduce the backlog, including implementing an aggressive hiring plan and expanded work hours. As a result of this effort, USCIS anticipates completing more than one million naturalization applications by the end of this fiscal year, including most of the applications received during the summer of 2007. Last year’s application surge did not impact USCIS offices evenly across the country. Although most offices have already processed cases received during the 2007 filing surge, a handful of offices will have a small percentage of their 2007 cases pending at the end of Fiscal Year 2008. That will result in processing times longer than the 10-12 month national average. USCIS will continue to shift resources to ensure that all local offices achieve the goal of five month processing times. USCIS field office projections are listed below. These projections indicate the average time it will take to complete a naturalization case as of the end of September 2008. Estimate of Local Office Naturalization Processing Times by September 2008 Office Months Office Months Agana, Guam....5.0 Memphis,Tenn...8.4 Albany, N.Y....5.6 Miami, Fla............12.0 Albuquerque, N.M.8.4 Milwaukee, Wis........6.6 Anchorage, Alaska.5.0 Mount Laurel, N.J.....5.0 Atlanta, Ga.6.7 New Orleans, La.......14.5 Baltimore, Md.7.0 New York, N.Y........10.0 Boise, Idaho.10.5 Newark, N............7.4 Boston, Mass..8.8 Norfolk, Va..........7.2 Buffalo, N.Y. 7.0 Oklahoma City, Okla..8.6 Charleston, S.C.14.1 Omaha, Neb...........5.0 Charlotte Amalie, Virgin Islands.7.2 Orlando, Fl.........9.5 Charlotte, N.C.14.9 Philadelphia, Pa...10.0 Chicago, Ill.5.1 Phoenix, Ari........8.6 Cincinnati, Ohio.7.0 Pittsburgh, Pa......6.0 Cleveland, Ohio.6.8 Portland, Maine.....5.5 Columbus, Ohio.5.7 Portland, Ore.......5.4 Dallas, Texas..11.0 Providence, R.I.....6.7 Denver, Colo. 5.2 Reno, Nev...........5.0 Des Moines, Iowa.5.7 Sacramento, CA......5.0 Detroit, Mich....5.0 Salt Lake City, Utah.5.0 El Paso, Texas.7.9 San Antonio, Texas...5.0 Fort Smith, Ark.7.6 San Diego, Calif.....5.0 Fresno, Calif..6.7 San Francisco, Calif.5.5 Harlingen, Texas.5.0 San Jose, Calif......5.0 Hartford, Conn.14.3 San Juan, Puerto Rico.10.4 Helena, Mont.5.0 Seattle, Wash.........9.0 Honolulu, Hawaii.5.0 Spokane, Wash........5.0 Houston, Texas.5.1 St Albans, Vt........9.5 Indianapolis, Ind.5.0 St Louis, Mo.......10.3 Jacksonville, Fla.7.4 St Paul, Minn.......5.5 Kansas City, Mo..7.0 Tampa, Fla...........8.6 Las Vegas, Nev...9.0 Tucson, Ariz........12.0 Los Angeles, Calif.12.5 Washington, D.C.....12.7 Louisville, Ky...7.1 West Palm Beach, Fla.5.0 Manchester, N.H..5.3 Yakima, Wash.......5.0 – USCIS –

ROOFING SUBCONTRACTORS PLEAD GUILTY

NEWS RELEASE

OFFICE OF THE UNITED STATES ATTORNEY
WESTERN DISTRICT OF MISSOURI
JOHN F. WOOD

Contact Don Ledford, Public Affairs ● (816) 426-4220 ● 400 East Ninth Street, Room 5510 ● Kansas City, MO 64106

www.usdoj.gov/usao/mow/index.html

AUGUST 7, 2008

FOR IMMEDIATE RELEASE

ROOFING SUBCONTRACTORS PLEAD GUILTY TO HIRING ILLEGAL ALIENS

SPRINGFIELD, Mo. – John F. Wood, United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., husband and wife pleaded guilty in federal court today to hiring and harboring illegal aliens who did roofing work for them.

Dionel Barrios-Fraire, 27, a Mexican citizen illegally present in the United States, and his wife, Ana Elda Barrios, 25, of Springfield, each pleaded guilty in separate appearances before U.S. Chief Magistrate Judge James C. England this morning to the charges contained in a May 7, 2008, federal indictment.

Barrios-Fraire and Barrios admitted that, from February 2007 until April 25, 2008, they aided and abetted each other to harbor illegal aliens in vehicles transporting the aliens to work sites, and by providing documentation and funds to the aliens so that they could remain in the United States illegally.

Barrios-Fraire and Barrios employed illegal aliens to work on roofing jobs they performed for Taylor Made Roofing in Bolivar, Mo. They began performing roofing work for Taylor Made Roofing in February 2007, and continued until August or September 2007, when they moved to Colorado to find more work. They returned to work for Taylor Made Roofing in February 2008, and continued to perform work for Taylor Made Roofing until Immigration and Customs Enforcement (ICE) agents discovered them on April 25, 2008. Barrios-Fraire and Barrios always used illegal alien workers to complete the work they performed for Taylor Made Roofing.

Initially, Barrios filled out a W-9 form and provided copies of her identification to the owner of Taylor Made Roofing to gain employment with the company. Barrios filled out the W-9 form in her name and provided copies of her identification documents because she knew her husband did not have a valid Social Security number or proper identification. Eventually, Barrios-Fraire and Barrios signed a subcontractor agreement with Taylor Made Roofing. Barrios-Fraire placed a false Social Security number on the subcontractor agreement for himself.

In January 2007, the owner of Taylor Made Roofing, Russell D. Taylor, asked Barrios-Fraire and Barrios about the legality of their workers. Barrios gathered copies of the false identifications the workers already had in their possession, and prepared falsified I-9 forms for each of the workers in her employment. Barrios provided these documents to Taylor, knowing the information she provided was false, in order to maintain employment with Taylor Made Roofing.

According to today’s plea agreement, Taylor, who knew the workers were illegal aliens, warned Barrios-Fraire that he was going to get caught. But Taylor did not ask Barrios-Fraire or his workers to leave the job site.

Barrios-Fraire and Barrios were paid by Taylor Made Roofing via check. Most, if not all, of the checks were made payable to Barrios, since her husband did not have a valid Social Security number. Barrios cashed the checks at the financial institution where Taylor Made Roofing held its business account, then paid the illegal workers in cash.

Barrios-Fraire and Barrios knew that their employment of the alien workers, the payment to the workers in cash, and the falsification of the I-9 forms facilitated the aliens’ ability to remain in the United States illegally by providing them with a means to fulfill their basic living needs, and by shielding them from detection.

On April 25, 2008, ICE agents arrested Barrios-Fraire and four illegal workers he employed at a job site in Fair Grove, Mo. One of the workers was a 16-year-old unaccompanied juvenile.

Under federal statutes, Barrios-Fraire and Barrios each could be subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Robyn L. McKee. It was investigated by the U.S. Immigration and Customs Enforcement and the Greene County, Mo., Sheriff’s Department.

****************

This news release, as well as additional information about the office of the United States Attorney for the Western District of Missouri, is available on-line at

www.usdoj.gov/usao/mow/index.html