Hot immigration issues discussed at PCCM forum.

Three lawyers discussed “hot immigration issues” during a forum held last October 30 at the Fuji Restaurant in Madison Hgts, MI.

The participants in the forum were Filipino-American entrepreneurs who were updated on the various laws on immigration and the issues arising from the controversial Arizona law.

The three lawyers who tackled various topics were noted practitioners in immigration and workers-hiring laws as well
as bankruptcy and divorce laws. They are Reginald Pacis, Elaine Calderon and David Vink.

The first speaker, Pacis of the Detroit law firm Butzel Long, discussed the provisions of the Arizona law. He recommented that the Arizona law relies upon a “reasonable suspicion” standard as a sufficient basis for a law-enforcement officer to question a person who is lawfully stopped, arrested or detained. This person should demonstrate that he/she is lawfully present in the US.

His concern about these provisions is that due to the complexity of the immigration law and the legal determination of whether a person is lawfully present, those with foreign background who are lawfully present might be excessively subjected to police scrutiny.  Pacis noted that a proposed bill, which is similar to the Arizona law, is pending in the legislative bodies of various states, including Michigan.

 He surprised the participants when he reported that he himself was accosted recently by a law officer in Detroit and was asked questions regarding his immigration status.

The second speaker, Ms. Calderon, practices US immigration and nationality law with the boutique federal practice, Bonner Di Salvo PLLC, which is based in Detroit.  In her presentation, she focused on the H-1B visa classification, illustrating similar procedures that US employers follow when petitioning the federal government for H-1B and immigrant workers.

She said that the federal government is interested in protecting the US
workforce. The present economic climate and the high unemployment rate
have caused the US government to increase the costs of filing fees for H-1B
petitions, making it a tough challenge for US employers to petition for H-1B
workers. “Theprevailing wage determination set by the US Department of Labor has been established in order to protect the wages of the US workforce from being undercut by foreign workers,” Calderon said.

She sought to remind US employers and their employees that in meeting the prevailing wagedetermination, the entire workforce is protected because this rule dictates a base wage that H-1B workers need to be paid by their US employers.