1. WHAT IS REAL ID?

The REAL ID Act, mostly driven by "political" post 9-11
security concern because some of the hijackers were
using fake state driver's licenses, was just passed by Congress
and signed by the President (as part of the Supplemental Appropriation
Bill for the Iraq War and Tsunami Relief). This law imposes federal
standards on state driver's licenses and effectively limits immigrant rights.

SEE: Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief Act of 2005,
Pub. L. 109-13.

This law allows only certain types of state driver's licenses
to used at the "federal level", such as to enter a federal building,
board a federally-regulated commercial plane, or open
an account with a federally-regulated bank (i.e. only those
that show valid immigration status.)

Non-immigrant visa holders (such as the spouse whom you
brought here under K-3 visa) or people with adjustment of
status petitions pending (such as the fiancee whom you married
under K-1 visa) can only get a temporary state driver's license
to the end of authorized stay or up to one year.

This law also severely restricts judicial review of immigrant
cases involving removal orders and in some cases detention orders.
This means practically no rights of habeas corpus, mandamus
and other court reviews in these cases.

Those of you anti-government critics who opine that Uncle Sam is
sitting on his hands while "illegals" stroll in with a free ride, the new
law gets tougher. New ground surveillance border enforcement
technology is mandated, and money authorizations are approved for
U.S. Border Patrol, as necessary, for detection and apprehension
for fiscal years 2006 to 2011 (subject to Congressional review of
Border Patrol's full report.) At least 500 new Border Patrol Agents
and almost 2,000 beds for detainees are immediately authorized, far
more than were called for in President Bush's budget.

The law also provides for the construction of a border fence between
Tijuana, Mexico and Southern California.

(By the way, one of my clients right now is a U.S. Border Patrol agent
with a fiancee in Colombia, who works on the "Arizona Border
Initiative" and who tells me that things have gotten a lot tougher for
the "stroll-ins" lately. Apprehensions up 50% from last year at this time.)

Here is a review of the new law from AILA
(American Immigration Lawyers Assn.), which
opposed the law and feels it is a step backwards
for immigrants:
http://www.aila.org/fileViewer.aspx?docID=18433

For the full text of the new law:
http://thomas.loc.gov/cgi-bin/query/D?c109:6:./temp/~c109Gddp9q::

For a One-Hour Audio Program with excellent discussion
of this law by proponents and opponents, see this audio file:
"The Diane Rehm Show" (05/09/05):
http://www.wamu.org/audio/dr/05/05/r1050509.ram

2. HOW WILL ALL THIS AFFECT MY FIANCEE OR BRIDE?

Possible ways once the new law is phased in:
1.K-1 fiancees and K-3 spouses, and those who have adjustment
of status petitions pending, may now only be able to get a temporary
state driver's license (with immigration status marked on the document)
to the end of authorized stay or up to one year.
2. K-1 fiancees and K-3 spouses may not be able to enter a federal
immigration building for their adjustment interview or fingerprints,
board an federally-regulated airline flight, or open an account with
a federally-regulated bank with only a state driver's license,
if it is not marked with her immigration status.
3. K-1 fiancees who decide not to marry, and overstay their visa,
and choose to live with family or friends or on their own, will have
even less rights for any judicial review or habeas corpus to fight
removal or deportation.
4. Attempted "stroll-ins" will have a harder time at the border.

3. WHAT'S NEXT?

I believe that Congress, the Administration and the public are
now ready for major immigration reform this session of Congress.
The Administration is expected to push their "guest worker" proposal
later this year and, of the proposals now pending, the Kennedy-McCain
bill, "The Secure America and Orderly Immigration Act of 2005" and
its sister version in the House, will most likely pick up steam. I believe
that more likely than not the public may ultimately see some combination
of the Bush proposal and the Kennedy-McCain bill mentioned above
passed into law.

Hope this information is helpful.
Regards.
GB

PS#1: Important forms revision: USCIS just revised
the I-485 Adjustment of Status and I-765 Employment
Authorization forms. See USCIS website at www.uscis.gov

PS#2: We are working on an all-new interactive
Immigration website, geared specially for Latin America
and hopefully on the cutting-edge. Please look for it;
it's coming soon. www.VISA-Attorney.com

PS#3: I will be in Colombia from June 09 to 30, first visiting
Barranquilla, then Cali. My Colombia Cell: 315-416-2746

Thanks for the info.

First, I think it is about time that the government started taking this ILLEGAL immigration situation seriously. Hallelujah! But as far as I am concerned, this is only the first step in the right direction.

In addition to the real threat of terrorists taking advantage of our system, the crackdown on state driver’s licenses is obviously in response to states like California where the liberal legislators want to give ILLEGAL immigrants driver’s licenses and all kinds of other privileges of citizens and LEGAL residents. Letting millions of people thumb their noses at our laws and disrespect our borders, and then giving them all the benefits of our society is insanity and the American people are sick and tired of it.

As for your “HOW WILL ALL THIS AFFECT MY FIANCEE OR BRIDE?” points, I see this kind of stuff as just more cheap scare tactics by AILA and other ILLEGAL immigration advocates. To imply that K-1 fiancées and K-3 spouses may not be able to enter a federal immigration building for their adjustment interview or fingerprints is just pure nonsense as far as I’m concerned. And those K-1 holders who decide not to marry and stay here ILLEGALLY should be sent home in accordance with our laws and the terms of their visa. Perhaps visa processing times for LEGAL immigrants will actually improve if the CIS doesn’t have to spend as much time on the ILLEGALS who are here to take advantage of our system.

It is really quite obvious to me why AILA is in favor of ILLEGAL immigration. Because of the lucrative business it brings to many of their members who specialize in assisting those who broke the law. I guess they will just have to find a new line of work (LOL). I am certainly in favor of immigration if it is done LEGALLY in compliance with our laws. But those who have no respect for our laws don’t belong here IMO.

Note: The reason that I emphasized the words “LEGAL” and “ILLEGAL” was in response to your obvious neglect to use the terms to distinguish between those fine immigrants who followed our laws and came here legally and those illegal aliens who chose to disrespect our laws and come here anyway. When you lawyers use terms like “immigrants” and “immigrant rights”, why is it that you don’t distinguish between the two???

Just my $.02,

Ray

First, it appears that the federal government is usurping the traditional state’s role in forming its own requirements for the driver’s license.  The driver’s license, which is a state document is now being hijacked by Homeland Security.  One might be tempted to say that this is unconstitutional as a violation of state’s rights, except that the Supreme Court hasn’t left much in the way of state’s rights left.

Second, it is going to create a bureaucratic nightmare, not only for immigrants but for current US citizens.  I read one article that said you may need four types of identification to get a license and make two separate trips to the DMV.  According to the articles on the Internet, the States are opposing this for this reason.

Third, there are malignant forces that have taken control of our federal government that are using the fear of terrorism as a pretext to take away our fundamental freedoms... and this is just the beginning of a long chain of increased surveillance, intimidation, and erosion of basic rights and will not stop at immigrants.  You are next.  

Here in California, it is and has been DMV policy to require proof of being in the country legally before you could get a California driver’s license. So, this bill will not change the status quo, but only stop those idiot leftist politicians in Sacramento who want a new law to give a license to any fool who walks into the DMV. Hallelujah!

Could you please list the “fundamental freedoms” that this bill will take away from YOU? I wasn’t aware that some guy crawling through a hole in the border fence had any “fundamental freedom” that guaranteed him a driver’s license in the USA.

Homeland Security is not hijacking anything. YOUR congressional representatives passed the law, not some bureaucrat at Homeland Security. I think perhaps that you and many others have forgotten that this country is at war. Have you ever considered the possibility that Homeland Security may be the only thing between you and some stinking terrorist with a bomb?

As far as the federal government usurping the states’ role in forming local driver’s license policies, I think Gary did clearly point out that any states can opt out of this requirement if they wish to. If your state wants to give away driver’s licenses to any illegal alien or terrorist who walks through the door, this bill will not stop it from doing so. It’s just that your state’s license won’t be worth the paper it is printed on for federal ID purposes (thank God!).

And once more, this bill is NOT aimed at “immigrants”, but rather at ILLEGAL ALIENS and TERRORISTS, unless of course you consider terrorists as immigrants (LOL).

Ray

This is one political area, "illegal" immigration, where you and I
will have to agree to disagree.

Just two points as, hopefully, food for thought to anyone reading.

There is no lawyer at AILA, myself included, who has made a "lucrative
fortune" from "illegal" immigrants. These are people struggling to pay
for food and shelter, much less able to pay an attorney's fee. The cold fact
is that family immigration attorneys, as opposed to business immigration
attorneys and attorneys in most other specialties, are not known
for their "lucrative fortunes."

AILA can speak for itself, but to my knowledge neither AILA or me
has ever advocated "illegals" violating immigration regulations, anymore
than the Bush Administration is advocating "illegal" immigration by
proposing their "guest worker" program for undocumented aliens,
or Sens. Kennedy and McCain are proponents of "illegal" immigration
by their bill proposal for undocumented aliens.

I encourage people to study and think about the policy reasons
and equitable considerations, as well as economic and practical
arguments, in support of these proposals, which I do favor.

I myself have repeatedly urged readers here to think twice about
trying to bring their fiancees or brides into the U.S. "illegally", as you say,
i.e. by any other means than under immigration regulations. Then again,
we lawyers don't want to be accused of "scare tactics" either , so we will
have to leave that to the media who has done that job of documenting
and video-ing the plight of those "illegals"...

Regards.

Well, if the "illegals" are such a "big buck" enterprise in the San Diego
area, and can offer such a "lucrative business", then I suppose
they are also powerful enough that they can lobby Congress
and the "powers-that-be" to change any new anti-"illegal" immigrant
federal laws in their favor, LOL

AILA "always seems to oppose any new laws to curb 'illegal'
immigration". Actually, they have issued a statement strongly
supporting the Kennedy-McCain bill, which includes some
pretty tough measures on the immigration enforcement side.

http://www.aila.org/fileViewer.aspx?docID=18531

http://www.aila.org/fileViewer.aspx?docID=18540

But then again if AILA lawyers and Uncle Sam sat back and let all the "illegals"
in scott-free (as some think they have done thus far), they are accused of being
lazy and incompent and lawbreaker-accomplices, and perhaps should be locked
in their rooms until they see the light. On the other hand, if AILA lawyers,
Uncle Sam and USCIS spend limited time, money and energy addressing
the issue of undocumented alien and worker cases and how to deal
once-and-for-all with society's "illegals", their case processing for US citizens
and residents gets uncontrollably backed up, they are overwelmed and thus
lazy and incompetent and perhaps should be locked in their rooms until they
get caught up on their cases.

You're right, we will have to agree to disagree on this one

G.

When is the effective date of this law?

Anyone in need of an immigration attorney should contact Gary, I highly recommend him!

CaliMD